KNYSNA NEWS - Three Western Cape High court judges have confirmed the life sentence of Waydon Bezuidenhout from Knysna for the murder of well-known B&B owner Gladman Mawande Kondlo, from Khayalethu, in January 2022.
Bezuidenhout was convicted in October 2024 by Judge Patric Gamble in the Knysna High Court on charges of kidnapping, murder and defeating the ends of justice.
He was sentenced to five years imprisonment for kidnapping, 12 months' imprisonment for defeating the ends of justice and life imprisonment for murder.
Scathing judgment
Western Cape Deputy Judge President, Patricia Goliath, with two other judges, delivered a scathing judgment upholding Bezuidenhout's life sentence, saying photos depicted the serious and gruesome injuries Kondlo had suffered, who had considered Bezuidenhout as his friend and whom he affectionately called "Master".
When his body was found, Kondlo's head was covered with a black bag tied with a rope.
An autopsy revealed blunt force trauma, mainly to the head, which caused a head fracture.
A white shoelace was tied tightly around his neck in a double knot. Black insulation tape was tied tightly around his head, through the mouth and neck. He had been struck at least five times.
"The deceased (Kondlo) died a painful and merciless death. Having regard to the seriousness of the offence and the interests of society, there can be no doubt that the offence committed by the appellant is extremely serious,' said Goliath. "Ultimately the appellant (Bezuidenhout) was correctly convicted."
Breakthrough
The investigating officer made a breakthrough in the case when he received information that Bezuidenhout was seen at the Total Garage on Saturday evening, 15 January 2022, and at the Shell Garage on Sunday 16 January 2022. He scrutinised the video footage of the Nissan X-trail retrieved by Allsound Security and obtained the registration number of the vehicle.
Significantly, the combination of forensic evidence of vehicle tracking, cellphone tracking and CCTV footage provided a compelling picture of Bezuidenhout's movements during the course of the fatal weekend when Kondlo was kidnapped and murdered.
'Mitigating' factors outweighed
In his evidence, Bezuidenhout explained that he had become embroiled in a drug syndicate and protection racket controlled by Mavusi, the owner of Nellies Tavern. Three to four weeks before Kondlo's murder he attended a meeting in Hornlee, where he was instructed to shoot Kondlo and given a 9mm firearm.
The plan was that, since he was close to Kondlo, he had to lure him to a certain place for the hit to be executed.
The hit had to take place after the meeting, but he did not have the courage to do so, saying he was hesitant, but, fearing for the safety of his family he reluctantly agreed to the command.
Goliath said the court set out the cruel manner in which the crimes were committed and photographs showed the serious and gruesome injuries Kondlo had suffered.
"Our courts have considered the maximum penalty for cases where there is reliance on common purpose. The aggravating features of the crime are overwhelming. In my view the mitigating factors in the appellant's favour are wholly outweighed by the nature of the crimes and the interests of society, justifying the strictest sanction possible - which is a proportionate and suitable punishment considering the legislative framework," she said.
"I am satisfied that cumulatively, the factors enumerated by the appellant's counsel do not amount to convincing reasons for departure from the discretionary minimum sentences prescribed."
Goliath found no reason to interfere with the sentences imposed: "The courts have a duty to impose appropriate sentences for these crimes to satisfy the objectives of retribution and deterrence in sentencing to deter those with like-minded intent."
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