Racism an aggravating factor in Krugersdorp farm killing, says State
Masotsha Aaron Mutavhatsindi, a farm worker who was shot dead near Krugersdorp for allegedly stealing a tractor. Masotsha Aaron Mutavhatsindi, a farm worker who was shot dead near Krugersdorp for allegedly stealing a tractor.
Johannesburg - The general public view that farmworker Aaron Mutavhatsindi’s killing was an act of racism should be counted as a factor that aggravates his murderer’s jail sentence, the State has said.
Sentencing proceedings in the case against convicted murderer Petrus Durant, 49, continued at the high court in Joburg on Tuesday.
A security company owner and former police officer, last year Durant fired a fatal shot into Mutavhatsindi’s head in Matshelapata, an informal community near Krugersdorp.
Mutavhatsindi died while driving a tractor he used for his duties at the Bartlet Eggs Farm.
Management of the farm had reported to Durant that the farmworker had stolen the tractor.
Durant launched a high-speed chase that resulted in his decision to “finish off” Mutavhatsindi who would not stop the tractor.
The killing, at about 9am on a Saturday, trended on social media within hours. Photos of a dead Mutavhatsindi slouched in the driver’s seat of the tractor made it to the internet.
Residents of Matshelapata and people outside the community believed the killing was racially motivated.
Political parties joined the protests outside court during Durant’s earlier appearances.
He faced a life sentence as the court found him guilty of premeditated murder.
State prosecutor Carla Britz yesterday told the court Durant’s chances of a lenient sentence should be diminished by factors including that his action perpetuated the view that white people’s property mattered more than the life of an African.
“The killing of the deceased was senseless. It does nothing to reduce racial tensions,” said Britz.
“At a time when the majority of the country are trying to embrace each other, and an incident like this happens, it does so much damage,” she added.
Durant has denied his decision to shoot Mutavhatsindi was racially motivated.
Last week, he brought a private social worker to add weight to his submission that he was not racist.
Carina Wolmarans, the social worker who compiled Durant’s pre-sentencing report after interviewing him for three hours, said he showed no signs of being racist.
“If he was a racist, I can’t foresee that he’d attend a church where the pastor was black,” added Wolmarans.
Durant hoped his submission that he shot Mutavhatsindi because he was driving recklessly and endangering residents would help him secure a lenient sentence.
“At the time (of the shooting), the accused believed and still believed that he was protecting the community,” defence lawyer Michelle Ives told the court yesterday.
“Although objectively speaking he did not protect anyone, subjectively he believed that he was,” Ives said.
She urged the court to also consider that Durant ran a business that employed more than 100 people. “He still is a valuable member of society.”
Ives argued that a life sentence would be unjust. Mutavhatsindi’s family wanted Durant to be jailed for life.
“My brother left us in pain,” Dovhani Mutavhatsindi told the court.
"Up until this day I cannot accept that my brother has left me in this way. This person (Durant) has hurt me very much,” said Dovhani.
Durant will be sentenced next month.