Life sentences handed down for murder of Cape Town lawyer David Mbazwana

In a landmark ruling two of the men convicted of the murder of Cape Town lawyer David Mbazwana have been sentenced to life imprisonment, with the High Court of South Africa, Western Cape Division, finding no grounds to deviate from the prescribed minimum sentence.

Sinethemba Makeleni and Lonwabo Cosa were each sentenced to life imprisonment, while Siyanda Ndzendze received an effective 15 years’ direct imprisonment. Judge HM Slingers ordered all sentences to run concurrently and declared all three men unfit to possess firearms in terms of Section 103 of the Firearms Control Act.

The sentences stem from the fatal shooting of Mbazwana and the attempted murder of bouncer Yandisa Sitishi at Mbazwana’s Whitehouse Tavern in Makhaza, Khayelitsha, on the afternoon of May 19, 2019.

In a detailed judgment, the court found that the accused entered the tavern yard under the pretext of buying alcohol before opening fire without provocation. Evidence showed that Mbazwana and Sitishi were shot at close range in broad daylight as they walked away from the attackers. Mbazwana died from his injuries, while Sitishi survived but was left with permanent physical and psychological trauma.

The court accepted the State’s case that the murder was committed by a group acting with common purpose, triggering the application of the minimum sentencing provisions of the Criminal Law Amendment Act. Judge Slingers found no compelling or substantial circumstances to justify a lesser sentence for Makeleni and Cosa.

Ballistic evidence linked a 9mm semi-automatic pistol recovered days after the shooting to cartridges found at the scene. While some eyewitnesses were challenged under cross-examination, the court ruled that their evidence, viewed cumulatively and supported by objective findings, proved the accused’s involvement beyond reasonable doubt.

During sentencing proceedings, the court heard that Sitishi lost a kidney, has a bullet lodged near his spine and continues to suffer chronic pain and mobility difficulties. Victim impact statements also detailed the emotional toll on eyewitnesses and the profound impact of Mbazwana’s death on his family, who were forced to relocate in the aftermath of the killing.

The trial initially involved five accused. One was later acquitted on all charges, while another died during the proceedings.

Welcoming the sentences, Eric Ntabazalila, regional communications manager for the National Prosecuting Authority in the Western Cape, said the outcome reflected the gravity of the crime.

“The National Prosecuting Authority welcomes the sentence and condemns the senseless murder of Mr Mbazwana, who was gunned down in broad daylight without provocation,” Ntabazalila said.

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