Warrant officer Phumlani Ndlovu was convicted in July and was on Monday sentenced to 10 years in prison.
“The sentence is very weak. This person, in my view, should have received a heavy sentence to make an example of him,” said Dumisani Nzuza, Nqobile’s father.
In 2013, protests erupted over housing at the Cato Crest informal settlement. The protest spiralled out of control, which led to police intervention and shots were fired by officers.
Nqobile was hit in the back of the head.
“It hurts for me, but the law is the law,” said Nzuza of the sentence.
He had lost hope and believed the court should have looked at the brutality of the act. He was, however, pleased that Ndlovu was denied bail while applying for leave to appeal against his conviction and sentence.
“Although the sentence will not completely heal the wounds, it is the first step in the healing process. I believe I will be able to move on with my life,” Nzuza said.
There were times that he believed the matter would never get resolved, he said, because the trial had been going on for more than four years and it was painful for him to see Ndlovu.
He described his daughter as a gifted singer who was in the church choir.
During arguments for sentencing Ndlovu’s lawyer, advocate William Nicholson, argued for a suspended sentence, correctional supervision and financial compensation for Nqobile’s family.
He said the court should also consider that Ndlovu was a father of four, the family’s breadwinner and he did not have a previous criminal record.
State advocate Nettleton Buthelezi had argued for the court to look at the impact the death had on Nqobile’s family.
Buthelezi said Ndlovu was guilty, but the police should also take responsibility as they were not adequately prepared to deal with the situation. He argued that a strong sentence would give the community faith in the justice system.
He could not determine the length of the sentence because the shooting happened during a protest that had turned violent and the community also played a role in how events unfolded.
Magistrate Anand Maharaj said he accepted that the protest was violent and that Ndlovu was inexperienced.
He also noted that Nzuza’s seeing his daughter lying in a pool of blood was a great source of pain for him and Nqobile’s dream of being a gospel singer had been cut short.
“It is a very sad case,” he said.
Maharaj noted the poor conditions people in Cato Manor lived in and how they were frustrated, but did not condone violence because of it.
He said he did not understand why Ndlovu shot Nqobile because she was running away from him when he fired.
He also questioned Ndlovu’s remorsefulness and did not believe it was genuine. He said if he was remorseful then Ndlovu would have pursued a culpable homicide charge, but instead he pleaded his innocence.
After handing down the sentence, Nicholson was granted leave to appeal against the conviction and sentence.
The magistrate, however, denied Ndlovu bail while he appealed, resulting in applause from the gallery where Abahlali Basemjondolo members were sitting.
Abahlali’s spokesperson, Thapelo Mohapi, said they were not satisfied with the sentence. “Ten years is not enough for someone who has killed a young child with prospects and a future,” Mohapi said.
Daily News