Africa-Press – South-Africa. The Gauteng High Court in Johannesburg has sentenced a man to life in prison for strangling his live-in lover to death in 2020 following an argument.
Thabo Maake, who has been in custody for more than two years, was convicted for malicious damage to property, assault, and murdering Thokozile Kubheka in July 2020.
The incident happened in Katlehong Extension 16 in what police believed was made to “look like a suicide” in an attempted cover-up following her killing, the Sowetan reported at the time.
According to the State, Kubheka’s family had been trying to reach her with no luck. On the way to Kubheka’s place, her family met with Maake who gave them “mumbled explanations” before handing them the key to the place.
When the family arrived at the place, they found her lifeless body, with a rope around her neck.
The State said before her death, Maake had threatened to kill Kubheka in front of her mother and daughter.
But Maake pleaded not guilty and maintained she committed suicide.
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A month before that, Maake had set several items belonging to Kubheka alight and fled the scene.
Judge Mohamed Ismail said Maake never apologised to the Kubheka family and maintained his innocence.
“You killed your wife in the most brutal and cruel manner. She was killed by means of strangulation and therefore could not breathe.”
Ismail added Maake knew Kubheka’s family had been searching for her, but he did not give them any information.
He said the brutality of Maake’s actions described his “callous disregard of life”.
Ismail added nothing would convince him to impose a lesser sentence.
After sentence was handed down, Maake’s lawyer, Lumka Qoqo, told the court she was instructed to apply for leave to appeal both the conviction and sentence.
Qoqo said another court would come to a different conclusion.
She added on the first count of malicious damage to property, Maake had said a lamp fell and caused the fire that destroyed Kubheka’s belongings.
On the assault charge, Qoqo said Maake had said he was defending himself from Kubheka.
“There was never evidence that he assaulted her.”
But Ismail asked what evidence the defence needed because Kubheka could not speak for herself.
Qoqo then moved to the murder, saying it was “purely circumstantial”.
She said the court erred in finding whatever Kubheka had said before the incident, that she was going to die, implied she was in danger.
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Qoqo added this could have indicated Kubheka wanted to take her own life, saying the incident happened during the Covid-19 pandemic when “people were committing suicide”.
She said Maake had already decided to leave the relationship.
But Ismail was seemingly not impressed with this submission, telling Qoqo she was speculating.
He said he accepted Covid-19 was “rough” but asked if there was evidence to prove Khubheka took her own life.
The State asked the court to dismiss the application, saying there was no reasonable prospect of success.
Meanwhile, Kubheka’s sister, Thandeka, told News24 although Maake was sentenced to life in prison, she was still not satisfied.
“When a person kills a person, he should also be killed because at the end of the day, he will be out of prison, and we will continue seeing that person.
“It is going to be painful when Thoko’s kids see him, so there should be a law that says if you kill someone, then you should also be killed, or else gender-based violence will still continue,” she said.
Asked how she felt about Maake saying her sister committed suicide, Thandeka said: “The same day he killed Thoko, I am the one who called him asking where my sister was because someone told me Thoko was being assaulted at night. So, if he did nothing to her, he should have helped us find her, but he never bothered. It is painful. I am not happy.”
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