Uncle sentenced to nine years for nephew's murder

A man who murdered his three-year-old nephew by repeatedly striking him with bricks against his head will serve nine years behind bars after the Western Cape High Court this week found substantial and compelling circumstances to deviate from the minimum prescribed sentence of 15 years. 

Michael Mpemdukama, who was entrusted with the care of the child at the time of the murder, committed the brutal attack on February 9, 2019, and has been incarcerated since.

The court, presided over by High Court Judge Francis, found that the trial, commencing five years later in 2024, and the seven years spent in pre-sentencing incarceration, should be taken into account as factors justifying a departure from the prescribed minimum sentence.

“There is, of course, no hard and fast rule as to the weight to be afforded to a period of pre-sentencing incarceration. Nor is there a precise formula to apply when determining the amount of time that is to be subtracted from the sentence,” said Judge Francis.

The court, however, highlighted the brutality of the murder and the sacredness of the life that was abruptly taken. 

“Ultimately, the scales of justice are irrevocably weighted by the sacredness of the life that was taken and the horrific manner of its taking. The prescribed minimum sentence reflects the constitutional value placed on the life of a child and the need for a severe penal response to its violation. 

“The aggravating factors in this case are of the heaviest order. The murder of a child by a caregiver is a fundamental violation that strikes at the heart of societal values. The brutal killing of a child in a profound breach of trust represents a fundamental societal wrong,” said Judge Francis.

Although at first denying guilt, the uncle later accepted responsibility. His submissions during trial were that he had memory loss at the critical period, but as an expert panel correctly found, he had the capacity to appreciate wrongfulness. 

The judge noted that the offence is one of the “utmost gravity”, carried out against a defenceless three-year-old child, and described the heinous act as “brutal and callous”. 

“This was an extremely violent act resulting in death by blunt force trauma, against which the child had no defence. There was a profound breach of trust. The accused was the child's uncle and was entrusted with his care at the time of the murder. This aggravating factor cannot be overstated.”

The prolonged period of seven years pre-sentencing incarceration was a substantial and compelling factor.

This included a year-long waiting period for the accused to undergo a psychiatric evaluation. 

Judge Francis said the lengthy period was not the fault of the accused or the State.

A significant factor to the delay was the global pandemic and its effect on the operations of the criminal justice system. 

“Also, during the trial, the accused was referred to Valkenberg Mental Hospital for psychiatric observation, and, due to the shortage of beds, it took more than a year before he could be assessed. It seems to me that if the accused’s prolonged period of pre-sentencing incarceration is not taken into account, the sentence imposed would be disproportionate and unjust,” said Judge Francis.

Cape Times