In his plea for a lighter sentence, Shongwe’s advocate, Johan GW Basson, urged the court to temper justice with mercy, arguing that the punishment should aim at rehabilitation.
Psychologist Dr Jacob D Van Zyl testified for the defence, recounting Shongwe’s past prison reform after serving time for a 1997 cash in-transit heist. He recommended a community-based sentence, a proposition the court rejected.
The accused also submitted a sworn affidavit in his defence. However, because it was not subject to cross-examination, the court assigned it minimal weight.
Lead prosecutor, Advocate Michael Hellens SC dismissed these arguments, insisting the nature of the crime demanded a severe custodial sentence. He highlighted that justice must be served not just for the victim’s family, but for society as a whole.
“This court cannot ignore the audacity and cruelty of the murder,” argued Hellens. “The sentence must reflect public indignation.”
Related: Sipho Shongwe gets 50 years for Victor Gamedze’s murder
In considering sentence, the court examined whether extenuating circumstances existed that could reduce Shongwe’s culpability. Judge Maseko, however, found none. “This was a premeditated contract killing. There are many aggravating factors, cross-border planning, hiring of assassins, coordination of illegal entry, provision of firearms, and facilitation of their escape,” he noted.
The judge highlighted constitutional and legal developments in Eswatini that allow judicial discretion even where extenuating circumstances are not found. He stated that previously, courts were compelled to impose the death sentence in such cases under Section 296 of the Criminal Procedure and Evidence Act, but the 2005 Constitution removed this mandatory requirement.
Although Shongwe’s crime met the criteria for capital punishment, the court chose not to impose the death penalty, but rather two life sentences, each equating to 25 years minimum, totalling 50 years.
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