For two Grahamstown families, a killer's sentencing brought bitter closure to a saga that raises questions about the handling of violent offenders, and highlights the disconnect between law enforcement and communities that fail to report crimes.
For two Grahamstown families, a killer's sentencing brought bitter closure to a saga that raises questions about the handling of violent offenders, and highlights the disconnect between law enforcement and communities that fail to report crimes.
On 9 November, Shelton Rooi, 26, was convicted in Regional Court of the January 2010 murder of Thandeka Joyce Tyota, 54. He was sentenced to 12 years, plus 3 suspended, added to the 10 he is already serving for killing Thandolwethu Makalo – a later crime that led to a sooner conviction.
From the courts, police, community members, and families of the victimes, a violent narrative emerges that can be summed up in numbers: 8 months, 2 murders, 3 more alleged stabbings, and 2 bail payments.
Rooi dated Tyota's daughter Nomaxabiso (known as Nomncinci) and stayed with her at Tyota's house. During an argument the week before Tyota's death, he stabbed Nomaxabiso in the arm. She filed no case with the police, nor sought a protection order, against the advice of her sister Andiswa (known as Nomselele). Days later, a second argument ended when Andiswa stabbed Rooi with a broken bottle. Andiswa later appeared in court, but the case was thrown out.
On Saturday, 20 January, Rooi came to Tyota's J Street house to gather his clothes and move out, helped by two companions. According to witness Sabelo "Rasta" Zono, Rooi remained afterwards, demanding to know where Nomaxabiso was and accusing Tyota of being a witch. He then attacked her with a knife, chasing her outside and onto the neighbouring plot, where she fell. Rooi was arrested on a nearby street, where he had gone to look for Andiswa – she was on her way, but was warned in time.
Rooi was released on bail of R 1 500, but the case against him stalled. According to SAPS Spokesperson Mali Govender, the police awaited the return of blood results from Cape Town. The case was provisionally withdrawn, and only re-enrolled in February 2011.
By then Rooi had committed a second murder, stabbing 21-year-old Thandolwethu Makalo as he sat drinking beer with friends on Evans Street – a stone's throw away from J Street. Elizabeth Engelbrecht of Evans Street was a witness. Afterwards, she said, "for three to four months I couldn't sleep."
Around 18:45 on 14 August 2010, Engelbrecht heard a knock on the door. It was Rooi, asking to borrow a knife to cut meat. He bent several knives to test their strength before selecting a stainless steel butcher's knife. Rooi left the house and Engelbrecht followed, and passing the gate, saw Rooi stab Makalo.
Engelbrecht ran out and threw a piece of brick that hit Rooi in the chest, giving her the chance to help Makalo. Engelbrecht's mother grabbed Rooi, while Engelbrecht laboured to stop the blood pouring from Makalo's neck. His father drove him to the hospital, but he died in the ambulance on the way to Port Elizabeth.
Divergent accounts were given of a dispute moments before Rooi went for the knife – that Makalo refused Rooi a beer; that Rooi refused Makalo a cigarette; that Makalo slapped Rooi. Engelbrecht and Makalo's father acknowledged the possibility of a prior grudge between the men, but neither knew details.
Rooi was again released on bail, for R 300. This case progressed, and culminated in a conviction in June 2011. Rooi was serving his 10 year sentence when he was finally convicted and sentenced for killing Tyota.
The timeline of these two cases has resulted in a complicated legal situation: in essence, Rooi was a first-time offender in both of his murder cases. According to Advocate Les Roberts at the Rhodes Faculty of Law, the key is that Rooi had no murder convictions prior to either offence. When he stabbed Makalo, he was only accused of killing Tyota. And though the Tyota case was long delayed, the act itself remained an earlier offence. Thus, the minimum sentence of 20 years for a second murder conviction did not apply, and the 15 years maximum for a first, did.
From the point of view of the law, the situation is clear, but for the community and the families of the victims, it is unfortunate at best. The length of the sentence left many shaking their heads, even after – or especially after – they were explained the legal situation. Tyota's daughters called the sentence an insult to their mother's death. The bails also provoked anger, both the decisions to release Rooi and the amounts.
Bail, Advocate Roberts explained, is not meant to be punitive. If the court judges an individual suitable for release, bail shall be an amount affordable to the individual. In a murder case, Roberts said, the court must be satisfied to a higher standard, particularly with regard to the threat an individual might pose to the community. In addition to his attack on Nomaxabiso, Rooi allegedly slashed another area resident on the face during the same period. Community members disagreed about an unconfirmed story that he stabbed one of his brothers as well.
Tyota's daughters encountered Rooi numerous times after their mother's death, ignoring his attempts at small talk. Andiswa was angry, she said, that he was allowed to remain free for so long, and kill a second time.
No sentence could fill the hole that this violent period left in the lives of the two families. Nomaxabiso and Andiswa Tyota remembered their mother working hard to support five children. "She never let us go to bed hungry," Andiswa said.
Mziwamadoda Makalo spoke about his son, saying, "I remember the good work he used to do in the community and in church. I am very sad because he was always close to me." He added, "I will never see my son, and Shelton's family can always visit him any time." Both Rooi and Makalo have young daughters for whose absence, temporary or permanent, they will surely suffer.
