Begging for mercy: Mdluli, Mthunzi ask for leniency in kidnapping sentence

Begging for mercy from the South Gauteng High Court in Johannesburg, convicted kidnapper and former police crime intelligence boss Richard Mdluli said his children didn’t deserve to grow up without a father like he had. 

Mdluli and co-convicted former colleague Mthembeni Mthunzi have been awaiting their sentencing for crimes they committed in 1998, when they kidnapped and assaulted Alice Manana and Oupa Ramogibe, the latter of whom Mdluli learnt had eloped with his wife, Tshidi Buthelezi.  Manana was shot dead the following year, with no one ever held accountable for her death. 

Manana was kidnapped by Mdluli and Mthunzi, who forced her to reveal where the lovebirds were hiding. Mdluli and Mthunzi found them in Orange Farm.

In 2019, Mdluli and Mthunzi were each convicted on two counts of assault, two counts of kidnapping and two of assault with intent to commit grievous bodily harm.

Mdluli begs for mercy

Mdluli said on Wednesday 11 March that he was no saint, but he is a family man and wanted to be given the right to watch his children grow up, instead of leaving them to become traumatised by the absence of their father. 

“I am not making myself a saint. I have never lifted a hand to any woman. My wife and children can attest to that,” Mdluli said.

“I know you have found me guilty and I have indicated what I am doing for my children and extended family.

He said that despite the State’s desire to see him behind bars, he deserved the consideration of mercy. He added that he was actively involved in his children’s lives and knew the pain of having to grow up in a single-parent household. 

“I don’t want to say the State has an agenda against me. The prosecutor might have reasons why he wants to take me to jail. I am asking for mercy from the court, to feel for me and my children.

“Raising kids is not only about money. There are many things that need to be taken care of when raising your children. Most of the time, I take them to and from their school in Cape Town daily, attend parents’ meetings and all school activities. 

“I grew up in a situation where my mother did her all to put food on the table. I will never neglect my children because I know how I grew up. As a man on pension, I don’t only depend on what comes from my pension payout, because it doesn’t cover everything needed.

“I must do extra things to ensure that we maintain the same lifestyle. I also cater for my oldest children, who are not working,” Mdluli said.

Social worker report calls for leniency

Social worker Portia Dabishi delivered a report to Judge Ratha Mokgoatlheng, which categorised Mdluli as unremorseful and still convinced of his innocence despite the guilty verdict handed to him in July 2019. 

Dabishi nevertheless recommended that the 61-year-old avoid jail time based on his advanced age and medical problems. She also said that his young children deserved to be raised by a father and that he would be better suited to house arrest or community service. 

Mthunzi’s attorney also calls for leniency

Mthunzi’s attorney Sabelo Nobangule said on Thursday that the state had not articulated to the court what the benefits of a custodial sentence would be in this case.

“The benefits of direct imprisonment have not been forthcoming. The state has not told the court how the interests of society are best served by the incarceration of the accused,” Nobangule said. 

“The court is at liberty to impose a non-custodial sentence that will serve all aspects of punishment.”

He said that a non-custodial sentencing would be just as effective in rehabilitating his client as sending him to jail would be.

“The cumulative effect of all these circumstances must point towards a non-custodial sentence being an appropriate form of sentence.”