Durban court to sentence Pinetown man convicted of his grandmother’s murder
The Durban High Court will hand down sentence on 23 September in the case of Thabo Ntokozo Theodore Nzimande, who was convicted of the 2024 murder of his 80‑year‑old grandmother, Beata Beatrice de Lange, who lived in Pinetown. The sentencing hearing follows mitigation and aggravation of sentence arguments presented on 21 September.
Acting Judge Mpumelelo Sibisi found Nzimande guilty on 16 July, after a trial that established de Lange died in what the State described as a brutal attack. In submissions on Monday, the defence and the State offered starkly different views on an appropriate term of imprisonment.
- The State, represented by Advocate Nadira Moosa, argued for a sentence of 20 years, describing the killing as "brutal" and "barbaric".
- The defence, led by Advocate Emmanuel Chiliza, urged the court to depart from the prescribed minimum sentence of 15 years, pointing to factors it said supported mitigation.
In mitigation, Chiliza asked the court to consider a range of personal and contextual circumstances. Those factors included Nzimande’s age — he is 33 — his status as a first‑time offender, and the period he has already spent in custody since his arrest on 8 June 2024. The defence also said the accused had pursued education and employment opportunities prior to his arrest and had not attempted to flee the scene or attribute the killing to a third party.
"He could not, in the African way, say goodbye in a normal manner [to his grandmother] because he was behind bars," Chiliza told the court, according to the record of proceedings.
The defence asked the court to regard these matters as substantial and compelling circumstances that would justify deviating from the prescribed minimum sentence. Chiliza further proposed that, if a custodial term were imposed, half of that sentence should be converted into a period of correctional supervision.
The State rejected those arguments, submitting that the aggravating nature of the offence demanded a harsher sentence to reflect the severity of the conduct and to serve the interests of justice.
| Key dates | Event |
|---|---|
| 8 June 2024 | Arrest of Thabo N. (time in custody begins) |
| 16 July | Guilty verdict delivered by Acting Judge Mpumelelo Sibisi |
| 21 September | Mitigation and aggravation of sentence presented |
| 23 September | Sentencing scheduled |
The case has attracted attention in Pinetown and beyond given the family relationship between the accused and the victim, and the age of the deceased. Sentencing will determine whether the court accepts the defence’s plea for mitigation from the prescribed minimum, or the State’s call for a more substantial custodial term.
Sentencing decisions in matters involving prescribed minimums require the court to weigh aggravating and mitigating factors carefully. If the judge finds that substantial and compelling circumstances exist, the prescribed minimum may be departed from. The court may also consider factors such as the accused’s personal circumstances, prior conduct, prospects for rehabilitation and time already served in custody.
Residents with family or social ties to either party have followed proceedings closely. The outcome will bring a degree of finality to a case that began with a death in Pinetown in 2024 and has proceeded through a detailed criminal process at the Durban High Court.
A sentencing order will be issued from the Durban High Court on 23 September, and any order will reflect the judge’s assessment of both the aggravating features of the offence and the mitigating material advanced by the defence.
