SENTENCE
CC66/2024 _27032026 / AWB
1
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted
from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO : CC66/2024
DATE : 27.03.2026
In the matter between
THE STATE 10
and
ALBERT TSEBO MOSIKILI Accused
S E N T E N C E
MATLAPENG , AJ: Mr Tsebo Mosikili appears before me,
convicted of the following counts.
Count 1: Kidnapping.
Count 2: Premeditated murder, read with the
provisions of section 51(1) of the Criminal Law Amendment 20
Act 105 of 1997.
Count 3: Rape.
[1] The Court must now consider what an appropriate
DELETE WHICHEVER IS NOT APPLICABLE
(1) REPORTABLE : YES / NO
(2) OF INTEREST TO OTHER JUDGES : YES / NO
(3) REVISED
......................................... ...........
SIGNATURE
DATE: .............................
SENTENCE
CC66/2024 _27032026 / AWB
2
sentence is and in the assessment of what an appropriate
sentence is, the Court must have regard to and pay
attention to the trite mentioned in the case of R v Zinn
1969 (2) SA 537 (A). That is, the accused, his personal
circumstances, the offences of which he has been convicted
and the interest of the community. None of these factors
should be overemphasised at the expense of, and to the
exclusion of others.
[2] In the case of Rabie, R v Rabie 1975 (2) SA 855 (A),
it was said that punishment should fit the criminal, as well 10
as the crime, be fair to society and be blended with a
measure of mercy, according to the circumstances.
[3] The crimes against the accused took place against
the following factual background. On the night of
1 March 2024, N[...] , Karabo Jonas and the deceased in this
matter to wit, Rab obohile Mofokeng were at a tavern in
Eva ton . The accused and his girlfriend , Sibongile found
them at the tavern. It was decided that the entourage
should proceed to Jonas’ place, situated at Beverly Hills,
Evaton. 20
[4] In the morning o n the same day, at about 6, the
deceased left for her parental place. After her departure, it
was said that money an amount of R2 000 is missing and
that the deceased should be approached and asked about
the missing money.
SENTENCE
CC66/2024 _27032026 / AWB
3
[5] According to Karabo, this money was in his trouser
pocket and this trouser was in a boot of Jonas’ s vehicle.
[6] The accused was amongst the people who went to the
deceased’s place. He forcefully grabbed and put the
deceased into his girlfriend’s car. He proceeded back to
Jonas’s place of residence and upon their arrival at Jonas’s
place, in the dining room, the accused set up a Kangaroo
court.
[7] The accused confronted the deceased about the
money alleged to have been missing. The latter denied 10
knowledge of this money.
[8] The evidence is that after a lengthy interrogation and
assault, the deceased confessed to having taken the money.
It is worthy to mention that persons would often forc efully
admit guilt in order to escape pain or further injury.
[9] The accused killed the deceased by putting a plastic
over her head, thereby suffocating her. He first put a
plastic over N[...] ’s head. The latter teared it. He is
fortunate that he was not charged with attempted murder of
N[...] . 20
[10] The evidence is that Karabo and Jonas were
reprimanding the accused, but the latter did not want to
listen.
[11] The evidence presented is that the accused uttered
the words, to the effect , following before he killed the
SENTENCE
CC66/2024 _27032026 / AWB
4
deceased. “You produce the money or I will kill you and
nobody is going to stop me, I am unstoppable.” These
utterances are clear, specific and tangible , they
demonstrate that the accused preplanned the murder of the
deceased. On unfounded allegations of theft of a mere
R2 000. The words referred to ill ustrates that the accused
was behaving like a bull in a China shop. He illegally
convicted the deceased of theft, sentenced her to capital
punishment and executed the death penalty.
[12] As if this was not enough. After the deceased was 10
manhandled and/or molested, N[...] , the complainant in
count 3, entered the room wherein the deceased was, with a
view to checking on the deceased, the accused raped her.
[13] It must be borne in mind that the accused’s evidence
is that he was sober at the time of the incident, because he
had slept for some hours before he was woken up at 6 in
the morning and informed about the missing money.
[14] The court in the case of S v Malgas 2001 (1)
SACR 469 (SCA) established that the fact that Parliament
had enacted the minimum sentence legislation, is a clear 20
indication that it is no longer business as usual and that the
courts must approach the question of sentencing ,
consci ence of the fact that the Minimum Sentence Act had
been ordained as the sentence which should ordinarily be
imposed, unless the Court can find that there are
SENTENCE
CC66/2024 _27032026 / AWB
5
substantial and compelling circumstances. The court held
further that the legislature was aiming at and ensuring that
severe sentences are imposed and to be deviated from, only
when there are convincing reasons to do so.
[15] Every human being has the inherent right to life and
no one shall be arbitrarily deprived of his or her right to life.
Section 11 of the Constitution of the Republic of South
Africa Act 108 of 1996 provides that:
“Everyone has the right to life.”
[16] Closely akin to the protection of right to life in the 10
Constitution, is the protection of one’s right to freedom and
security of the person. Section 12(1) of the Constitution
provides :
“T hat everyone has the right to freedom
and security of the person, which
includes;
(a) the right not be deprived of
freedom arbitrarily, or without
just cause ;
(c) to be free from all forms of 20
violence, from other public or
private sources ;
(d) not to be tortured in any way;
and
(e) not to be treated or punished in
SENTENCE
CC66/2024 _27032026 / AWB
6
a cruel, inhuman or degrading
way.”
[17] In terms of section 36 of the Constitution, the rights
in the Bill of Rights may be limited in exception of the right
to life, which is an absolute right.
[18] The fundamental human rights to life was infringed
upon by the accused in this matter. On 3 February 2026, I
convicted him of murder of the deceased in this matter.
[19] In the case of Jabulani Tshabalala v The State , Ntuli
v The State (2019 ZA CC 41) it was held that: 10
“Rape at its core is an abuse of power
expressed in a sexual way. It is
characterised with power on one side and
this empowerment and degradation on
the other. Without more been said, we
know which gender falls on which side.”
[20] The Supreme Court of Appeal in the case of
S v Chapman (1997 ZASCA 45 ) 1997 (3) SACR 341 (SCA)
held that ”
“Rape is a very serious offence, 20
constituting as it does a humiliating,
degrading and brutal invasion of the
privacy, the dignity and the person of the
victim. ”
[21] Accused did not testify or call witnesses in mitigating
SENTENCE
CC66/2024 _27032026 / AWB
7
of sentence. Adv Simpson on his behalf addressed the
Court from the bar. Adv Simpson argued that the following
factors cumulatively taken into account, should be found to
constitute substantial and compelling circumstances
justifying this Court to deviate from imposing the prescribed
sentence of life imprisonment on the murder count.
(a) Accused is 31 years of age. He has three
children aged 11, five and four years old
respectively. He is a first offender. He has been
in custody awaiting sentencing for nearly two 10
months. He has a tendency to suffer from
depression. Accused had consumed alcohol on
the day of the incident and before the murder of
the deceased.
[22] The evidence demonstrated that they were on a
drinking spree from the tavern up to and until they reached
Jonas’s place before the deceased departed this planet
earth on the morning of 2 March 2024.
[23] The probation officer to wit, Phindiwe Tyuwa compiled
a presentence report, which was handed in as EXHIBIT G. 20
She states in the report that the accused does not show a
sign of remorse. That he informed the probation officer that
he had consensual sex w ith N[...] , even though his girlfriend
Sibongile was present.
[24] According to the probation officer, the accused is
SENTENCE
CC66/2024 _27032026 / AWB
8
refusing to take accountability and acknowledge his
wrongdoing , e ven though the evidence is overwhelming
against him . The probation officer states that such
individuals become problematic when rehabilitation process
is initiated in the Correctional Facility. The probation
officer recommended a period of imprisonment in terms of
section 276(1)(b) of the Criminal Procedure Act 51 of 1977,
regard been had to the circumstances under which these
offences were committed.
[25] Adv Simpson referred the Court to the case of 10
Peloeole 2022 (2) SACR 249 (SCA) where it was held that
lack of remorse is a neutral factor.
[26] Adv Simpson also referred the Court to the
unreported full court decision of the Western Cape in the
case of S v Ngcukana , judgment delivered on
18 August 2017. Where the court held that the Supreme
Court of Appeal has taken the prospect of rehabilitation into
account, despite the fact that the accused pleaded not
guilty and maintained his innocence throughout the trial.
[27] Adv Simpson argued further that the Court should find 20
that the re are substantial and compelling circumstances
that will enable this Court to impose a lesser sentence.
She holds the view that a sentence of less than 20 years
will be an appropriate one under the circumstances.
[28] The state handed in a victim impact report in respect
SENTENCE
CC66/2024 _27032026 / AWB
9
of N[...] M[...] , who is the mother of the deceased in this
matter. It is the version of the deceased’s mother that the
deceased had a sibling. The father died when the deceased
was still young. It is the mother ’s version further that the
family is experiencing emotional stress because of the loss
of the deceased. That the family is struggling to cope and
remain deeply affected by the loss. The mother states
further in the report that the deceased has left a void in the
family, that they are traumatised and struggling to cope.
[29] A victim impart report of N[...] , the complainant in the 10
rape count was also handed in as EXHIBIT J. It is stated in
the report that N[...] is currently psychologically vulnerable
and continues to suffer from emotional consequences of the
incident. It states further that N[...] suffers from post -
traumatic -stress -disorder.
[30] This Court must sound a warning and it is requesting
the members of the public present in court today to convey
the message to the public in general , that anyone convicted
of rape in future will be severely sentenced. Men should
respect women. If a woman says no to sexual intercourse, 20
she means it and a no, is a no. They must not mistake a no
for a yes.
[31] The accused is convicted of serious offences, which
are rife in the jurisdiction of this court. No amount of words
can describe the seriousness of the offence s of which the
SENTENCE
CC66/2024 _27032026 / AWB
10
accused has been convicted. But I am in agreement with
Adv Simpson for the defence that the personal
circumstances of the accused, coupled with the fact that
liquor played a part that cumulatively taken into account,
constitute substantial and compelling circumstances
entitling this Court to deviate from imposing the prescribed
sentence of life imprisonment.
[32] After having considered all the relevant factors, the
one against the other in an attempt to strike a balanced
sentence, the Court is of the view that the sentence to be 10
pronounced shortly is proportional to the crimes committed
and that in all the circumstances it is a just one. In the
result the accused is sentenced as follows:
Count 1: Kidnapping, 5 years’ imprisonment.
Count 2: 20 years’ imprisonment.
Count 3: 15 years’ imprisonment.
It is ordered that 5 years of the sentence imposed in
count 3 and the sentence imposed in count 1 should run
concurrently with the sentence imposed in count 2. The
effective term is 30 years’ imprisonment. 20
The accused is declared unfit to possess a firearm.
SENTENCE
CC66/2024 _27032026 / AWB
11
…………………………..
MATLAPENG , AJ
JUDGE OF THE HIGH COURT
DATE : …………………