Iuze Mukube
Judge Philanda Christiaan yesterday imposed a 25-year prison sentence to a 29-year-old man, accused of the murder of his employer in 2022.
Rodney Hoxobeb is convicted on the counts of murder, robbery, reckless driving, driving without a driver’s licence and driving under the influence of intoxicating liquor.
The charges are in relation to the brutal killing of his former employer, Christof Mberitjiwa Mungunda (65) in the district of Gobabis on 16 September 2022.
Christiaan stated that the sanctity of life must be upheld, and acts of violence, particularly of such an appalling and senseless nature, demand the strongest condemnation.
The imposition of appropriate legal sanctions must reflect the severity of the crime committed, she stated.
She recognised the gravity of the crime committed and the devasting impact it has on the victim’s family, the broader community and society at large, while delivering the prison term.
“The murder committed by the accused was clearly premeditated, planned and thought out in advance,” she said.
She pointed out that the accused had a period of reflection which indicates that he had time to deliberate on his intentions.
This is because the accused returned to his shack and waited for the generator to be switched off, providing him with the opportunity to reflect on his actions before approaching the deceased.
Christiaan said Hoxobeb had a clear motive for the crime, which was likely driven by previous grievances or frustrations.
That he had also acquired a man-made axe handle and head ahead of time further suggested premeditation.
She pointed out that the way the deceased was killed, with deliberate force and preparation, demonstrates that the accused did not act impulsively or in the heat of the moment.
But it was rather planned, and he executed the murder with clear intent, as the assault on the deceased caused him severe injuries from a man-made axe handle and a stone until he passed out and eventually died.
Additionally, that the assault was so severe that blood was observed on the brain of the deceased, according to medical evidence led, is indicative of the severity of the blunt impact to the head of the deceased.
She emphasised that the number of cases of murder and robbery with aggravating circumstances, reckless driving, driving without a driver’s licence and whilst under the influence of intoxicating liquor on the court rolls show no signs of abatement.
Therefore, courts are duty bound to protect society from the devastating effects of such offences by imposing severe sentences to deter the accused and would-be offenders from committing similar offences.
She added farming, and farmers contribute sustainably to the sustenance of the economy, provide employment, and a better life for employees and their families.
“Despondently farmers fall victim to violent robberies at an alarming rate in the process of which most precious lives are lost.”
She added that the employment relationship is built on mutual trust, with both employer and employee expected to act in good faith.
Hence, denying or unlawfully disrupting this relationship undermines individual livelihoods and the principles of fairness, justice and social stability.
She stated that as the accused did not testify, there can be no factual basis for a finding that he expressed genuine remorse.
“The employer, who entrusted the employee with their confidence and provided the means for their livelihood, is met with the ultimate violation of that trust, death at the hands of the very person who was entrusted with their well-being.” The sentences for these counts will be served concurrently with the sentence for the count of murder the accused will serve an effective term of 25 years imprisonment.
Joseph Andreas represented the accused and Ian Malumani appealed for the State.