By Brig Dirk Lambrechts
Image courtesy of FreePik
Introduction
The names of the four accused persons involved in this matter are (1) Ndumiso Lutshetu; (2) Ashwin Kennedy; (3) Bongani Mvamveki; and (4) Malibongwe Witbooi
This matter consists of two judgments
The first judgment on the merits of this case was delivered on 13 March 2025 entitled supra, namely “Professional action and conduct by SAPS and SANDF members – S v Lutshetu and three Others, High Court Cape Town dated 13 March 2025 (WCC)”.
The second judgment on the sentence of the four accused persons was delivered on 21 May 2025 under a similar title as the first judgment.
Each of the four accused persons was sentenced as follows:
1. On count 1, the murder of Jan Nieuwenhuys, life incarceration.
2. On count 2, the murder of Simthembile Nyangiwe, life incarceration.
3. On count 3, robbery with aggravating circumstances involving Nieuwenhuys’s pistol, 15 years’ incarceration.
4. On count 4, robbery with aggravating circumstances involving Nyangiwe’s pistol, 15 years’ incarceration.
5. On count 5, unlawful possession of firearms, 15 years’ incarceration.
6. On count 6, unlawful possession of ammunition, 15 years’ incarceration.
7. All four accused are declared unfit to possess a firearm.
8. The sentences for counts 3, 4, 5 and 6 shall run concurrently with the sentence for counts 1 and 2 supra.
[This is only an extract of an article published in Servamus: February 2026. This article is available for purchase.]