Mbongelwa Thuthukani Miya Conviction & Victimology
The Court Cases. Why did they do it? Sentencing!
David Ndlovu (22) and Thuthukami Miya’s (22) trials were separated because Miya pleaded not guilty.
Why did he do it?
Trial 2 : Mbongelwa Thuthukani Miya (22)
| Plea: | Not Guilty |
| Judge: | Judge-President Vuka Tshabalala |
| Outcome: | Guilty |
| Sentence: | Life sentence, 25 years. In South Africa when a life sentence is passed regulation allows for the application of parole after 50% of the time has been served. That means that Thuthukani Miya would be eligible for parole after 12.5 years = 2005 to 2017 |
| Why Factor?: | Unknown. One can glean some insight by a pack mentality and the heat of the moment irrational decisions especially when one considers that Miya went home, burnt his clothes and told his family he had stabbed a white woman. His plea of not guilty shows an attempt to distance himself from the murder. While it is evident that he played a far less role, at any point, the reasonable man would have blown the whistle, helped James, or ran for help. It is also interesting to know that Miya’s brother, a policeman, helped Miya hand himself over to police. Even more heart-wrenching is the fact that Miya’s father took the time to approach James on the court benches and deeply connect with meaning as a father to apologise for his son’s wrongdoings. This has stuck with James and proves that there is a transaction that takes place when two human beings who connect to find a way forward, make amends and apologise. It also clearly demonstrates the values of the Miya family. A policeman and a father that heads the home, takes charge and a son jailed for murder. At its core, it’s the old saying, “show me your friends and I will know you”. Miya chose the wrong friend and his path took him to the laundry room on the Chatterton farm, armed with a knife. He had no previous convictions. He had a great father and brother who did all they could to navigate what no family ever comes close to thinking of. My son is a murderer. |
| Restorative: | This process has not been activated as yet. More details might become clear from this process |
| Relationships: | 1. There was no relationship between Thuthukani and the Chatterton’s. 2. The understanding is that David and Thuthukani were working together as security guards in Pietermaritzburg, KwaZulu Natal. |
High Court:
Mbongelwa Thuthukani Miya (22)
On Tuesday, 30th May 2006 Miya was sentenced to life in prison, 25 years with no patrol conditions meaning that he can apply for parole after 50% of time served.
Miya told the court that when David asked him to accompany him to the farm, he did not suspect anything was wrong.
Miya said he and David had waited in the laundry of the farm until James went outside to walk their dogs which Ndlovu knew.
He said he watched as David put a stocking over his head and was shocked when he ran into the house with a knife. Thuthukani said he subsequently ran inside, closing the door to prevent James from entering the house after he heard Jackie screaming for help.
Miya said when the woman (Jackie) grabbed his clothing, he was shocked and “stabbed at” her. But after he escaped the house through the bathroom window, Miya burnt his clothes and told family members he had ”stabbed the white woman”.
In Pietermaritzburg High Court during sentencing, Judge Tshabalala said the alarming rise in farm killings was giving South Africa a bad name.
“When I was in New Zealand, I watched a television special about South Africa, depicting farm killings in Richmond.
“The residents of New Zealand think we are brutal people in South Africa. It is deeply upsetting,” he said.
The judge said this was extremely bad for the country’s reputation and economy.
“For two people to chase a defenceless woman, who is screaming for help, and then stab her all over the place is behaviour so savage and brutal that no factors can justify this conduct,” Tshabalala said.
Judge Tshabalala said that if David had been arrested in the Chatterton home by other citizens he would have been killed on the spot.
‘Jackie can rest in peace now that her murderers have been brought to book’