The Western Cape High Court on Wednesday sentenced a former basketball coach from Houtbay, to life imprisonment for murder.
Marvin Minnaar was found guilty of the 2020 murder of
12-year-old Sibusiso Dakuse from Imizamo Yethu. The boy’s body was found a few
days after he went missing.
Minnaar was the coach of the Hout Bay Snipers basketball
team and coached the deceased. He stayed near the deceased’s home in Imizamo
Yethu, Hout Bay. Dakuse went missing on the afternoon of 26 February 2020.
Witness statements showed that the deceased, who stayed with his grandmother,
was last seen alive in the presence of the accused around 7 pm that day, 26
February 2020. The following day, his grandmother reported him missing at the
Hout Bay Police Station. This led to a widespread search involving the police
and the community, and the accused also helped to look for him, although he
knew that he had kidnapped, raped, and killed him.
The accused and his stepfather even went to the deceased’s
house to enquire whether he had been found. He confirmed that he did see and
walk with the deceased but parted ways close to the Hout Bay Police Station. He
kept his lie even to the deceased’s grieving father, who enquired about his
son’s disappearance. Police found the deceased’s naked body lying face down in
the reeds of a wetland off a horse trail two days after his disappearance. They
arrested the accused later that day. CCTV footage showed the deceased
desperately attempting to flee from the accused and him speedily chasing,
catching, and dragging the boy back into the bushes. Medical evidence revealed
that he had a contusion in the anal area, and his neck had ligature marks
around it. The postmortem report revealed that he died of strangulation and
that the rest of his body had multiple abrasions and a blunt-force injury to
his left eye.
Minaar has been deemed a danger to society.
‘’The court
sentenced Minnaar to 8 years direct imprisonment for kidnapping, life
imprisonment for rape and life imprisonment for murder. It ordered his sentence
for kidnapping to run concurrently with the two life sentences. It declared him
unfit to possess a firearm and unfit to work with children. It ordered his name
to be recorded in the National Child Protection Register and the National
Sexual Offenders Register,’’ said Eric Ntabazalila, National Prosecuting
Authority spokesperson in the Western Cape.
‘’In her judgment, Judge Nziweni read a clinical
psychologist’s report, Abbas, who was part of a panel constituted in terms of
Section 286A of the Criminal Procedure Act, 1977, to determine whether the
accused was a dangerous criminal. The report showed that Minnaar was evasive
when answering questions and did not provide any detailed explanation regarding
his actions on the day of the offences. He reported to the clinical
psychologist that he did not realise the extent to which he choked the deceased
and that he felt rejected by the deceased. He has antisocial personality traits
with a history of problems with authority figures, trouble with the law and
violating social norms with no regard for the consequences thereof.’’
‘’He has the presence of psychopathic and anti-social
personality disorder traits, which were contributing factors to his offending.
The report concluded that the accused poses and may continue to pose a serious
ongoing threat to victims of similar victimology. Most of his risk factors are
static, and he is not open to change, he minimised the offences for which he
was convicted and exhibited superficial remorse and a lack of empathy. He posed
a danger to the physical well-being of other people. Although the court agreed
with the panel that the accused was a dangerous criminal as per Section 286A of
the Criminal Procedure Act, 1977, it declined to declare him as dangerous as
doing so may lead to the court finding substantial and compelling circumstances
that justify deviation from the prescribed minimum sentences. The court found
that there were no substantial and compelling circumstances which justify it
deviating from the prescribed minimum sentences,’’ concluded Ntabazalila.
Done By: Mitchum George
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