Jub Jub back in court

Convicted murderer Molemo "Jub Jub" Maarohanye's fight to stay out of prison continued on Friday in the Protea Magistrate's Court in Soweto, as his legal team launched yet another bail application.

   

The hip hop singer's counsel Rudi Krause informed the court that the appeal followed the decision of the Supreme Court of Appeal (SCA) in the case of taxi driver Jacob Humphreys.

   

"Murder charges are simply unsustainable. He [Maarohanye] should be convicted for culpable homicide," he said.    

 

The SCA in March converted the 10 murder charges against Humphreys to charges of culpable homicide. Humphreys's 20-year prison sentence was reduced to eight years. 

   

Ten school children died when Humphreys drove over a railway level-crossing into the path of an oncoming train.

   

This was Maarohanye's third appeal for bail since his conviction last October.

   

In December last year, Maarohanye and his co-accused Themba Tshabalala were each sentenced to 25 years in jail.

   

The two were each sentenced to 20 years imprisonment for murder and four years imprisonment for attempted murder.

   

For use of drugs, driving under the influence of drugs, and racing on a public road, they got a year for each count, to run concurrently.

   

They were drag-racing in Protea North on March 8, 2010, when they crashed into a group of schoolboys. Prince Mohube, Mlungisi Cwayi, Andile  Mthombeni, and Phomello Masemola were killed. Frank Mlambo and Fumani Mushwana were left permanently brain damaged.

   

Maarohanye first appealed before magistrate Brian Nemavhidi in February and his appeal was refused. 

   

He then went to the High Court in Johannesburg and failed. Judge Nico Coetzee said he agreed with the Protea Magistrate's Court's finding that Maarohanye had failed to prove exceptional circumstances to support the application.

   

On Friday, prosecutor Raymond Mathunjwa said Maarohanye's legal team was relying on a ruling that was different to their case.

   

"Humphreys's case from the beginning was a schedule five not six case," he said.

   

He added that in Humphreys's case, it was a question of misjudgement.

   

"There were no drugs or racing involved. There was no recklessness, which is the case in this matter. I would say the matter remains a schedule six," he said.

   

-Sapa