In 2010, a Pretoria man convicted of culpable homicide reported to prison to serve his sentence but was rejected due to an administrative blunder, which took them more than six years to sort out. Now the Supreme Court (SCA) has given him a lifeline, as it would not be in the best interests of the justice system to imprison him all these years later and return his case to a magistrate to consider criminal oversight. On the night of June 30, 2006, Rapholo Edwin Manyaka – then only 20 years old – was involved in a head-on horror crash on…
In 2010, a Pretoria man convicted of culpable homicide reported to prison to serve his sentence but was rejected due to an administrative blunder, which took them more than six years to sort out.
utilities, the Supreme Court (SCA) has given him a life buoy, as it would not be in the interest of justice to imprison him all these years later and return his case to a magistrate to consider criminal oversight.
On the night of June 30, 2006, Rapholo Edwin Manyaka – then only 20 years old – was involved in a head-on accident on Garsfontein Road, in which two men were killed.
He was eventually found guilty of two counts of wrongful death and sentenced to four years in prison (one of which was suspended). However, when he went to surrender to the Voortrekker Correctional Centre, he was told by an official that they were not in possession of his court records, sent home and told they would arrange for him to be picked up once they had the papers.
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But it wasn’t until September 2016 – more than six years later – that a warrant for his arrest was issued, prompting Manyaka to turn to the courts with a request to reconsider his sentence. In the SCA’s majority decision this week, Judge Zeenat Carelse emphasized that Manyaka was not the cause “of the excessive delay that has followed since the clash”.
“In the intervening 15 years [Manyaka], who is now a 35-year-old adult, is married. In September 2016, his wife was expecting their third child. He is currently employed. There is nothing to disprove the fact that over the 15 years [he] has led a socially responsible and crime-free life,” she said.
“I agree with the magistrate that immediate imprisonment was the appropriate punishment at the time, but due to the particular circumstances of this case, correctional supervision will be most appropriate,” Zeenat said.
“The long delay in finalizing the matter and not knowing when the officials would come hung like a sword over the… [Manyaka’s] head. Imprisonment at this point would only result in retaliation. In reaching this conclusion, I have not overlooked the fact that two young men died as a result of the applicant’s conduct.”
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