By LINDA JELE on April 02,2011

Yesterday may have been the last day some people will ever see Simelane, as he was sentenced to a death penalty by Judge Jacobus Annandale. Simelane (55) will be hanged. This marked the end of the protracted criminal case of the serial murder convict. He was last week found guilty on 28 counts of murder, for killing 25 women and three children.

Simelane was dressed in brown casual shoes, purple track suit pants and a white striped short-sleeved shirt. He looked his usual calm self for the duration of the sentence as he sat in the accused dock, frequently drinking water from an Energade juice bottle.

Judge Jacobus Annan-dale ordered Simelane to stand up as he addressed him on the sentence. Throughout the period when Judge Annandale was handing down the sentence, Simelane stood with both hands on the counter.

He faced downwards when the judge said there were no extenuating circumstances in the matter. Meanwhile, as the judge read the sentence the courtroom was so quiet that one would have heard a pin drop and the tension could be cut with a knife. But soon after hearing the sentence members of the public consisting of mostly women, who filled the public gallery, applauded and ululated.

The judge had to call them to order as they clapped hands and shouted when he said Simelane would be given a death penalty and would be hanged. Simelane stood transfixed in the accused dock as Judge Annandale left the courtroom and his face was expressionless.

Correctional Services officers whisked him away to the steps leading to the underground cells at Court A. But just as he was about to disappear into the cells, Simelane did what surprised those who were present in court – he waved ‘goodbye’ with a bright smile.

Yesterday marked nine years and 24 days since Sime-lane’s arrest in Nhlangano on April 25, 2001. Before the sentencing, Simelane’s attorney Mduduzi ‘Tsotsi’ Mabila had submitted that there were extenuating circumstances in the case in that Simelane had admitted in his confession that he killed the women out of revenge for having been wrongfully convicted of rape.

He claimed he never committed the rape. Mabila further asked the court not to consider Simelane’s previous convictions when handing down its sentence.

When Mabila said the other cases were irrelevant to the murder case because they involved robbery and rape, there were murmurs from the public gallery.

The Director of Public Prosecutions Mumcy Dlamini said there were no extenuating circumstances that could prevent Simelane from being sentenced to death. She also wondered why Simelane killed the children if he said he murdered the women out of revenge following the rape case. Judge Annandale seemed taken aback when Mabila said he would not take Simelane to the witness-box to lead evidence in mitigation. Mabila briefly consulted with Simelane and submitted that the court should consider that he was a first offender in respect of murder.

He asked Judge Annandale to take into account that Simelane had committed the offences out of vengeance. “Sentencing is discretionary, but the court has to take into account the surrounding factors enshrined in the Constitution. In conclusion, it is in the hands of the court to decide the appropriate sentence,” said Mabila.

Simelane’s aunt Alexinah Simelane said if David eventually faces the noose, her last words to the killer would be: “Ubolala ngekuthula David, sitobonana kwelizayo. Nan-gabe bewukholwa, sitobo-nana ezulwini. Nangabe bowungakholwa, utawuya esihogweni.”

This loosely translated means: “You must rest in peace David, we will meet in the other world. If you were a Christian, we will meet in heaven but if you are not, you will go to hell,” she said.

His aunt said even if David is eventually hanged, she would not collect his remains from the correctional institution.

“I will ask government to take care of the corpse because David showed that he did not want to live with other people. We live on land that is administered by a chief, so we do not think the chief would ever agree to him being buried here too. Let him be buried like all the others who do what he has done,” she sternly said.

Alexinah said she did not feel pity for the man who killed 28 people because his victims were relatives of other people. “I think the death sentence will fit him well because there was no reason for him to stay in jail for ever,” she said.

When asked why she had no pity on David despite that he was reportedly a born again Christian preaching to the unsaved in prison, Simelane likened the serial killer to a cannibal. “If a cannibal lives on human flesh, it will always kill to eat,” she said.

David’s family has never visited him in jail since he was arrested because they were scared of being associated with his cases. Over a week ago before the verdict that found him guilty, they said they would not welcome him back home in the event he was found not guilty. Even the authorities in the area said Simelane was not welcome to come back to the area.

Judge Annandale said Simelane only submitted an excuse that he killed the women out of revenge after he was wrongly imprisoned for having raped a woman. “I have not heard, in the trial, one word of apology or remorse from Simelane. There was not even a half-hearted attempt to show apology. Each of the 28 victims had relatives, or friends, but to none of them did he show remorse,” Judge Annandale said.

“You also killed the innocent souls of infants. You have shown no iota of remorse and the court cannot find that you are sorry for what you did.”

This full story at this link.

EZULWINI – “If you kill, you will be killed, local Muslims have said in reference to David Simelane’s death sentence.

They said the sentencing of Simelane to death was natural justice that was in force since creation.

Hamidullah Dlamini, based at Swaziland’s main mosque in Ezulwini, said the Islamic faith was in full support of convictions and sentences based on overwhelming evidence, especially when human life was involved.

He said although Muslims based their judgment on dictates of Quran and Shari a Law, judges like Justice Annandale were at liberty to exercise secular law to the satisfaction of the Islamic Faith and the general populace.

He said based on the evidence used by the judge to send Simelane to the noose, the Muslim community would have no reason to grumble or scoff at the death sentence.

“We do say that if you kill, you will be killed also,” he insisted.

He said he was personally worried about delays in concluding the case as Simelane was arrested in 2001.

Source

The article above is a long one and it discusses the death penalty, not just Simelane. Some Christians in the area are opposed to the D.P. even in this case.

Bishop Stephen Masilela, the President of the Conference of Swaziland Churches, said Simelane should be forgiven because there was no one enjoying the right to kill others. Masilela said Simelane deserved a second chance in life after committing his life to Jesus Christ.

I disagree. This man is a threat, a killer, a predator. Just because he claims to have found religion he is not and should not be excused or forgiven.

Anyway, only his victims can give that forgiveness.

Even if his victims could and did (in this case not possible as he killed them), he is a threat to others and that must be taken into consideration.

He is and always will be a threat to society in general and (for as long as he lives in prison) the prison population / staff / visitors. There is no reason to keep him alive and due to the risk he poses there are reasons to put him to death.

Of course Amnesty International is discussed

In the event David Simelane is finally executed, Swaziland would join countries, including USA, considered executors by Amnesty Internationale.

In my opinion all the members of Amnesty Internationale should have to live in the same place that the killers are in. Seriously, set up an island and put the members there and they can then live there by some giant super max prison. When they protest for the release of someone give that person an apartment on that island. I bet the members would think a bit more.

The article also discusses that there are only 3 death row inmates and they do receive ‘special treatment’ although no one will say what that means.

Superintendent Vusi Kunene, Correctional Services assistant PRO, said Simelane had already joined the two inmates.

“They are resident at the Matsapha Central Prison’s maximum section where they live in different cells,” he said.

Kunene said Simelane joined a number of prisoners who are serving life sentences in the maximum section.

These inmates share space with the two condemned inmates.

He said special treatment awaited Simelane at Matsapha.

“Just like all inmates on death row, he is going to enjoy some special privileges that are accorded all condemned inmates,” he said.

He declined to disclose these privileges but said Simelane would be closely monitored and supervised.

The serial killer is not going to do any menial work.

Instead, he will be given time to bask in the sun and exercise.

Why?

The article also discusses the future of the D.P. in Swaziland

The minister said Swaziland last implemented the death penalty about three decades ago.

He said the country was reluctant to implement it yet it embraces the sentence in its statutes.

He stated that the nation should decide on this subject.

The minister said most countries had since done away with the death sentence but in Swaziland, it existed in law.

“The country has to take a decision on this issue. There are many considerations that could go with such a decision,” he said.

He said if the country were to abolish it, the constitution would have to be amended such that the section on the death penalty is removed.

Despite the death penalty’s long abeyance in the kingdom, Swaziland has been obstinate about not repealing its statute on this subject.

I agree with the comment at the end of the ariticle. It says, in part:

It is wrong to say people who proffess Christianity should automatically escape the consequences of their wrong doing and there is basis for that even in scripture; it is true Christ forgives sinners who repent but the consequences of their sins they always have to endure, eg when Adam sinned he was then forgiven but had to endure the consequences, so was Moses, Samson etc. If a person commits a public sin or offence and repents he should also publicly confess his sin which has not been the case in David Simelane’s matter there are claims he repented and preaches in prison but he never publicly acknowledged his sin nor showed remorse for it, if the judgement went another way he would have said he never committed the crimes even when he did. ……..

Christianity is a life not just a name to use when hiding filth and as proffesed Christians we ought to talk and act like Christ by whom we are called. So no sympathies for David Simelane the wages of sin is death the bible says.

Amen to whoever wrote that.