IN THE HIGH COURT OF SOUTH AFRICA

WESTERN CAPE PROVINCIAL DIVISION

In the matter between

THE STATE
versus

MZIWAMADODA LENNOX QWABE

Accused

AGREEMENT IN TERMS OF SECTION 105A OF ACT 51 OF 1977

A. PREAMBLE
WHEREAS:

1. Th e accused is charged with committing the following crimes:

Count 1: K I D N A P P I N G ;

Count 2: R O B B E R Y with aggravating circumstances;

Count 3: M U R D E R ;

Count 4: C O N T R A V E N I N G SECTION 3 OF THE FIREARMS

CONTROL A C T , N O . 6 0 O F 2 0 0 0 ( I L L E G A L
POSSESSION OF A FIREARM).

2. Adv Adrian Mopp, Deputy Director of Public Prosecutions ("the Deputy

Director"), has been duly authorised, as required by Section 105A of
the Act 51 of 1977, to negotiate and enter into an agreement with the
accused.

3. The Deputy Director and the accused, who is represented herein by

Advocate Daniel Theunissen, have negotiated and entered into this
agreement in respect of a plea of guilty by the accused to the offences
of which he may be convicted, a s well as a just sentence to be
imposed by this Honourable Court.

4 T h e accused has been informed of the following rights referred to in

section 105A(2)(a) of Act 51 of 1977:

4.1 To b e presumed innocent until proved guilty beyond

reasonable doubt;

4.2To remain silent and not to testify during the proceedings;

4 3 Not to be compelled to give self- incriminating evidence;
4.4 That he is not obliged to enter into this agreement, but that if
he enters into this agreement, the contents thereof will be
made known to the Court which may convict and sentence him
in terms o f the agreement or may refuse t o accept the
agreement, in which case the agreement will be null and void
and the State will not be able t o use o r present such
agreement against him as evidence in a criminal trial.

5. The Deputy Director has duly complied with the requirements o f

Section 105A(1)(b) of Act 51 o f 1977, in the following respects:
5 1 The investigating officer, C a p t Pa u l Hendrikse, h a s been
consulted H e i s satisfied with th e terms o f the agreement,

including the sentence, as appears from his affidavit, attached

as Annexure A;

5.2 The Deputy Director and th e investigating officer have also

consulted t h e fa th e r o f t h e deceased, M r . Vinodkumar
Hindocha, regarding the content of the agreement, as appears
from annexure A;

5.3 Due regard has been given to the circumstances prescribed in

Section 105A (1)(b)(ii) of Act 51 o f 1977.

6. Th e accused has been informed that this agreement cannot bind the
Court not to exercise its discretion to make a specific order or conduct
a specific enquiry, in which event the accused will be entitled to follow
any direction(s) given by the Court or abandon the agreement.
7. Th e a ccu se d m a k e s t h e following admissions relevant t o t h e
circumstances of his entering into this agreement:
7.1 that he understands the charges against him as set out in the
indictment;

7.2 that he was in no way unduly influenced or threatened to plead

guilty nor were any promises made to him should h e plead
guilty, other than the terms of this agreement;

7.3 that he is in his sound and sober senses while entering into this
agreement;
7.4 that h e understands English, a n d s o t h e te rms o f th i s
agreement is expressed in English.

8. The accused, represented and assisted by the abovementioned legal

representative, admits guilt in respect of the charges, as mentioned
above, and pleads guilty thereto on the basis set out below.

9. The Deputy Director is prepared to accept such plea of guilty.

10.The substantial facts and admissions stated below are considered
necessary and appropriate for the purposes of this agreement. They
are not intended to be the exhaustive account of all the details of the
relevant events.

NOW THEREFORE the Deputy Director and the accused, as represented

herein by Advocate Daniel Theunissen have negotiated and reached the
following agreement with the following terms in respect of a plea of guilty
by the accused as well as a just and fair sentence to be imposed by this
Honourable Court.

B. P L E A OF GUILTY AND ADMISSIONS

11 The accused pleads guilty to each of the charges and makes the
following formal admissions, stated by the accused in the first person:
Count 1: Kidnapping

12.0n o r about 13 November 2010 and a t o r near NY112, Gugulethu

and/or Khayelitsha, in the jurisdiction o f the Western Cape Provincial
Division, I, together with Xolile Mngeni, Zola Tongo, the husband of the
deceased (now known to me as Shrien Dewani), and in furtherance of
a common purpose, unlawfully and intentionally deprived Anni Dewani,
an adult female, o f her liberty by threatening her with a firearm, forcing
her thereby to remain in Zola Tongo's motor-vehicle with registration
CF 160944, in which she was a passenger and taking her against her
will fr o m N r 1 1 2 . Gugulethu t o Singolamthi Street, l l i th a Pa rk,
Khayelitsha

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Count 2: Robbery with aggravating circumstances

13.0n or about 1 3 November 2010 and a t NY112, Gugulethu in the

jurisdiction of the Western Cape Provincial Division, I, together with the
Xolile Mngeni, Zola Tongo and the husband of the deceased (now
known to me as Shrien Dewani), and in furtherance of a common
purpose, unlawfully and intentionally assaulted Anni Dewani, an adult
female, by threatening her with a firearm and intentionally used such
force to induce submission by the aforesaid person, a nd took and
intentionally stole from her the items listed below, being her property or
in her lawful possession, and thus robbed her of same
List of Items:
A Giorgio Armani ladies wristwatch;
a white gold and diamond bracelet;
a ladies handbag; and
a Blackberry cellular telephone.
Estimated Total Value: R90 000.00 (ninety thousand rand)
14.1 admit that aggravating circumstances were involved in the robbery in
that a firearm was used.
Count 3: Murder

15.0n or about 13 November 2010 and at or near Singolanthi Street, llitha

Park, Khayelitsha in the jurisdiction of the Western Cape Provincial
Division, I together with the Xolile Mngeni, Zola Tongo a nd the
husband of the deceased (now known to me as Shrien Dewani), and in
furtherance of a common purpose, unlawfully and intentionally killed
Anni Dewani, an adult female, by shooting her with a firearm.

16 In addition, the accused makes the following formal admissions relating

to Count 3

16 1 T h e deceased w a s a t a l l material ti m e s correctly

identified as ANNI DEWANI, being the person mentioned
in the indictment.

16.2 D r

Janette Verster conducted th e post-mortem on the

body of the abovementioned deceased on 15 November

2010.

16.3 T h e body o f the deceased suffered n o further injuries

from the time of the offence up to the time that the postmortem was conducted on the body of the deceased.
16.4

D r Janette Verster correctly noted h e r findings o n the

post mortem report.

16.5 T h e cause o f the deceased's death as indicated on the

post mortem report was 'a gunshot wound to the neck
and therefore unnatural'.

Count 4: C o n t r a v e n i n g Section 3 of the Firearms Control Act,

No. 60 of 2000 (Illegal Possession of a Firearm)

17 On or about 13 November 2010 and at or near Singolanthi Street, llitha

Park, Khayelitsha i n the jurisdiction o f the Western Cape Provincial
Division, I together with the Xolile Mngeni, and in furtherance o f a
common purpose, unlawfully and intentionally possessed a firearm, to
wit a 7.62 mm NORINCO pistol, without holding a license, permit or
authorization issued in terms o f the Firearms Control Act, No. 60 o f
2000, to possess that firearm.

General admission of culpability relevant to all the charges

I furthermore knew that my actions were unlawful and that I was
intentionally committing murder, kidnapping, robbery with aggravating
circumstances and illegal possession of a firearm in contravention of
Section 3 of the Firearms Control Act, No. 60 of 2000.

18.1 understand the terms unlawfully and intentionally, which have also
been explained to me by my counsel.
19. I knew that the offences that I was committing were punishable in a
court of law.

C. T H E SUBSTANTIAL FACTS
20.The accused admits the following substantial facts relevant to this
matter stated hereunder by the accused in the first person.
20.1 O n 12 November 2010, I received a telephone call from
Monde. He told me 'a job' needed to be done. Monde said he
will give a person named Zola my number so that Zola could
call me.

20.2 O n 12 November 2010 Zola (now known to me as Zola

Tongo) contacted me. W e arranged to meet the next day,
Saturday.
20.3 O n 12 November 2010 I contacted Watti and told him that
someone wants a 'job' done. I explained t o him what 'job'
meant that someone had to be killed. Watti's proper name is
XoHie Mngeni.

20.4 O n Saturday 1 3 November 2010 Zola contacted m e

again. We arranged to meet in Khayelitsha. Zola met me near
Khaya Bazaar that afternoon and we drove to Sidima Circle in
Khayelitsha where Watti joined us in Zola's vehicle.
20.5 W h i l e en route to meet with Watti, Zola told me that he
will bring a couple into the township and that the husband
wanted the wife killed. Zola said that it had t o look like a
hijacking and robbery. When Wafti joined us in the vehicle I told
him what Zola had told me.
20.6 T h e agreement was that Zola and the husband (now
known to me as Shrien Dewani) would be unharmed and that
the deceased would be kidnapped, robbed a nd killed. The
kidnapping and robbery were part of the plan to make it appear
that this was a random criminal act, unconnected to Zola and
the husband. We also agreed that we would 'hijack' the vehicle
that evening in Gugulethu, at the intersection of NY 112 and
NY108.
20.7 W a t t i and I agreed to take part in the conspiracy and
execute the plan for a fee of R 15 000.00. I told Zola to leave
the money in the cubby hole of the vehicle and that we would
also take his cellular telephone during the 'hijacking'.
20.8 W e had agreed to meet Zola in Gugulethu in the early
evening. Zola had to call us when he left the hotel at about
19h30, which would be the time they would be leaving the hotel
towards Gugulethu. B ut the call did not come at 19h30. Zola
only called at about 20h15 the evening and said that they were
only leaving the hotel at that time.

20.9 S o when Watti and I got to Gugulethu they were already

on the N 2 passing Khayelitsha i n the direction o f Somerset
West. Watti and I were late so we returned to Khayelitsha.
20 10 L a t e r Zola g a ve m e another call a n d sa i d th a t th e
husband wants the job to be done the same Saturday. Zo l a
said the couple were having dinner and that he will meet us at
the same place in Gugulethu.
20.11 W a t t i and I headed back to Gugulethu W e got a lift from
Khayelitsha to Gugulethu with a person I know as Mawande.
20.12 A t about 23h00 Zola sent me a sms to say that that they
are close by and are coming into Gugulethu.
20.13 W h e n Zola's vehicle g o t to th e predetermined place,
Watti and I were in position. I saw the car coming into NY 112
from NY 108 and told Watti that the car is here. We approached
the vehicle and Watti, who was in possession o f a firearm,
pointed it at Zola and ordered him out of the vehicle. Zola got
out of the vehicle and into the back with the passengers. I got in
behind the wheel and Watti got in on the passenger side.
20.14 I drove the vehicle in the direction o f NY 111 and NY 1
and ordered Zola to get off at that intersection. Before he got
out Zola whispered that the money is in a small packet behind
the front passenger seat.

20 15 I drove to Khayelitsha along the N2, taking the Baden

Powell turnoff. We proceeded past Kuyasa and that is where
we ordered the husband to get out of the vehicle.

10
20 16 B e f o r e Zola and the husband were dropped Watti robbed
Zola, t h e husband a nd t he deceased o f some o f their
possessions.
20 17 A f t e r dropping the husband I drove along Me w Way,
Khayelitsha between Ndlovini Village and Harare.
20.18 W h i l e I was driving the vehicle Watti shot and killed the
deceased. Watti was seated in the front passenger seat at the
time that he fired the single shot.
20 19 I got scared and nervous and drove the vehicle into llitha
Park, Khayelitsha where I parked the vehicle at the side of the
road.
20.20 I got out and saw that Watti was looking for the bullet
casing. I opened the back door of the vehicle, found the bullet
casing and picked it up.
20.21 I threw the bullet casing into a storm water drain while
Watti and I were running away.
20.22 I wore yellow gloves during the incident to avoid leaving
any fingerprints and escape detection.
20.23

s a w Watti the following day, the Sunday, when he

dropped the firearm at my place. On the Monday I arranged for

a friend to keep the firearm.
20.24 I was arrested by the police on 18 November 2010 and
on that same day I confessed my involvement to the Police. I
also did a pointing out the next day where I pointed all the
material places out to the Police, including the drain into which I
threw the bullet casing a s well a s where I threw the yellow
gloves a w a y T h e Police retrieved th e bullet casing i n m y

II
presence. I also assisted the Police to recover the firearm that
was used during the incident.

D. A GR EEMEN T IN RESPECT OF A JUST SENTENCE

It is agreed that the following is a just sentence in the circumstances

of the charges mentioned above.
THE AGREED SENTENCE

Count One: Kidnapping

"Five (5) years imprisonment which will run concurrently with the
sentence on count three".

Count Two: Robbery with aggravating circumstances

"Fifteen (15) years imprisonment which will run concurrently with the
sentence on count three".
Count Three: Murder
"Twenty five (25) years imprisonment."
Count Four: Contravening Section 3 of the Firearms Control Act,
No.60 of 2000 (Illegal Possession of a Firearm)
"Five (5) years imprisonment which will run concurrently with the
sentence on count three".
IT IS FURTHER ORDERED THAT:

The accused shall only be eligible to be considered for parole after

having served two thirds (
2
imprisonment: and
) o f
h i s
s e n t e n c e
o
f
t
w
e
n
t
y
fi
v
e
(
2
5
)

In terms of Section 103(1) (a) of the Firearms Control Act, No 60 of

2000 no determination is made and the accused is deemed a person
who is unfit to possess a firearm.
FACTORS TAKEN INTO ACCOUNT FOR SENTENCE

21. The seriousness o f the offences of which the accused was convicted,
the interests of the community as well as the personal circumstance of
the accused were a l l considered a n d taken into account b y both
parties.
22.The aggravating factors are:
22.1 T h e c r i m e o f mu rd e r i s a g r a v e o ffe n ce . T h e
circumstances o f th e present murder a re particularly
aggravating, i n th a t the accused agreed fo r monetary
reward to become part o f a plot to murder an innocent,
recently married young woman, who was a stranger to
him.

22.2 T h e accused, fo r venal monetary gain, made common

cause with the deceased's husband to murder his bride of
mere weeks, under circumstances that her murder was a
grave betrayal of his recent marriage vows.
22.3 T h e accused was prepared to accede positively to Zola
Tongo's request that the husband wanted to have his wife
killed. T h e accused sought th e assistance o f Xolile
Mngeni and was actively involved in ensuring the plan
was executed.
22.4 T h e accused persisted with his plan over a period of time,
during which th e accused had the opportunity both to
reflect on what he had agreed to do and to desist from
doing it.

13
23. The mitigating factors are
23.1 T h e accused was born on 19 March 1985 and is 27 years
of age.
23.2 T h e accused's highest level o f education i s a n N 2
(Electrical Engineering; Light Current) obtained a t th e
Western Province Technical College in Pinelands.
23.3 T h e accused is not married and is the father of three (3)
minor children aged three (3) years (born in 2009), two
(2) years (born in 2010) and eighteen months (born in
2011). The children reside with their mothers.
23.4 T h e accused i s unemployed and assisted h i s mother
occasionally at her meat selling business.
23.5 T h e accused h a s n o previous convictions, i s a first
offender and has showed remorse by pleading guilty.
23.6 T h e accused was arrested on 18 November 2010 and
has been in custody for eighteen (18) months.
23.7 T h e accused assisted the police with their investigation
by confessing his involvement in the matter soon after his
arrest and pointing o u t various scenes relating to the
commission of the offences.

23.8 T h e accused assisted the police to recover the firearm

used in the commission o f the offence and pointed out
where the cartridge had been disposed of.

14
23.9 T h e accused i s willing and prepared to testify in a n y
subsequent criminal prosecution instituted i n regard to
this conspiracy.

23 10 T h e accused, by pleading guilty, hopes to minimize the

potential trauma which a trial may have on the family of
the deceased.

23.11 T h e conclusion o f the present matter by way o f Section

105A o f Act 51 o f 1977 has spared the Court and the
State the expense and inconvenience of a protracted trial
involving the accused.

23 12 B y pleading guilty he i s taking full responsibility for his

actions.

24. The substantial and compelling circumstances in terms of Section

51(3) (a) o f the Criminal Law Amendment Act, Act 105 o f 1997 that
justify the imposition o f a sentence less than the prescribed minimum
sentence of life imprisonment in respect of Count 3 are the cumulative
effects of the mitigating circumstances mentioned above.

SIGNED at CAPE TOWN on this Lth day of AUGUST 2012.

ADRIAN CARL MOPP

DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS
WESTERN CAPE PROVINCIAL DIVISION

1
T.%

15

SIGNED at CAPE TOWN on thisle'th day of AUGUST 2012.

DANIEL THEUNISSEN

MZIWAMADODA LENNOX QWABE

ACCUSED

FOR THE ACCUSED

Av

I, the undersigned,
PAUL HENDRIKSE

do hereby declare on oath that.

1 I a m a Detective Captain (No 0444963-1) in the South African Police Services

(SAPS) and stationed a t the Directorate for Priority Crime Investigations (DPCI),
Western Cape in the Old SARS Building, A J West Street. Bellville, Cape Town,
Western Cape. My contact numbers are [0211918 3160 / 082 411 2089.
2 I a m the investigating officer into the kidnapping, robbery and murder o f Anni
Dewani (ne Hindocha) and I have 26 years experience as a member of the SAPS.
3. I am informed that Mziwamadoda Owabe and his legal representative, Adv. Daniel
Theunissen have been i n discussion with th e State t o conclude a plea a n d
sentence agreement in respect of the abovementioned matter.
4 I have had an opportunity to peruse the plea and sentence agreement and a m
aware th a t Qwabe i s pleading guilty t o charges o f kidnapping, robbery w i th
aggravating circumstances, murder and th e illegal possession o f a firearm i n
contravention of Section 3 of the Firearms Control Act, No. 60 of 2000.
r I have had regard to the nature and circumstances o f the offence, the personal
circumstances of the accused and the interests of the community and I am satisfied
with the plea and s entenc e agreement i n particular the effective term of 25 y ears
imprisonment

6 O n 24 July 2012 at 1 7 1
- Hindocha. the father of the deceased. and informed him of the plea and sentence
109 I
w a s
p ragreement,
e s e the
n tcharges that Owabe was pleading guilty to and the sentence in
w respect
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e eachn charge and Mr Hndoc ha expressed his satisfaction.
of
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know and understand the contents of this declaration

I have no objection to taking the prescribed oath
I consider the prescribed oath to be binding on my conscience
SIGNED AT CAPE TOWN ON 24 JULY 2012

.
6
CAPTAIN PAUL HENDRIKSE
t
c
I hereby certify that the deponent knows and understands the contents- of this declaration
which was sworn to and signed by him in my presence at Cape Town 4
on 24 July 2012.
0
r
r
EL ZEEMAN (LT COL)
17 DIAGONAL STREET
DPCI, OCI GAUTENG
NEWTOWN
JOHANNESBURG