Fanuel Makamu

Case record: Fanuel Makamu

Background

Fanuel Makamu was a multiple rapist and killer who was sentenced in July 2004. He was described as a soft-spoken serial rapist and murderer.

Makamu was 30 and from Acornhoek in Bushbuckridge, Limpopo. His mother, Joyce Makhubela, turned her son in following threats from the community. Joyce Makhubela said: "My son got what he deserved and the sentence is not shocking when you consider his offences," and added: "I couldn't believed Fanuel could commit such terrible sins but when his victims testified in court it was clear to me that they were telling the truth,".

Outside the courtroom after sentencing, Joyce Makhubela and her daughter, Sibongile Makamu, 19, were treated warmly by Makamu’s victims and their families.

Bushbuckridge mayor Milton Morema said: "We thank the judge for bringing the case here so the traumatised victims could see that their testimony was not fruitless. We are thankful Makamu will now rot in jail,".

Makamu had a trial history in which he was found guilty of 32 of the 34 charges against him.

The offence

The crimes were alleged to have been committed between February and September 2000 in the Acornhoek area in Eastern Limpopo, and in the Arcoenhoek area in Eastern Limpopo (as described in the case narrative). The charges included murder, attempted murder, rape, attempted rape, robbery, attempted robbery, attempted housebreaking, housebreaking, illegal possession of firearms, illegal possession of ammunition, malicious damage to property, and attempt to escape from custody.

Makamu and an accomplice targeted women on the street in the Bushbuckridge area, and the narrative indicated that at times anyone with the women was shot dead.

The case included multiple rape and murder charges, with some rape and robbery charges resulting in acquittal.

Makamu maintained that he was innocent despite the evidence presented before the court.

Investigation

After Makamu’s arrest in September 2000, police traced 104 witnesses to testify against him.

DNA tests on semen samples taken from three victims matched his DNA.

During the trial, a legal representative cast doubt on aspects of evidence, including the credibility of evidence given by investigating officers Kenneth Nkuna, Rekson Sibuyi and David Hlatshwayo, and the DNA tests done on three victims, saying only two matched the accused. The legal representative also argued about ballistic reports and that it could not be proved conclusively that cartridges were found on the crime scene. He further put to the court that the accused was forced to point out pre-determined murder scenes after being threatened with intimidation. He also argued that evidence submitted proved the accused was not explained his constitutional rights and should, therefore, be found not guilty.

In the trial, Inspector Thomas Mashali from the SAPS dog unit testified that shoe prints presented in court as evidence matched those found at the murder scene. A Dr Ndlovu testified that forensic tests had shown the suspect did rape three alleged victims.

Trial

The case was first tried in the Nelspruit circuit of the Pretoria High Court. Judge Willie Seriti insisted that Makamu be sentenced in the Mhala court so that the community he terrorised could attend the sentencing.

Judge Willie Seriti said it would be more reasonable if the judgment took place where the victims could easily attend court without wasting more money, and explained that: "It will be more reasonable if the judgement takes place where the victims can easily attend court without wasting more money," and also said: "The witnesses travelled to Nelspruit each day to give evidence, and they need to hear the outcome of the case." The case was postponed for the court to find a suitable venue in Bushbuckridge for the judgment.

Makamu pleaded not guilty to all charges.

A trial started in May, and it lasted five weeks with more than 50 witnesses testifying against him. During the trial, a relaxed Makamu showed no remorse at all.

Judge Willy Serete found Makamu guilty of 32 charges, including six for murder and nine for rape in one account of the guilty findings. In another account, it stated that six of the charges were for murder and 10 for rape, while the rest included attempted murder, attempted rape and attempted robbery. The narrative also stated that Makamu was acquitted on two rape and robbery charges.

In one account of the charges he was found guilty of, Makamu was found guilty on 32 charges of murder, attempted murder, rape, attempted rape and robbery.

Makamu’s legal representative was Jacques Pienaar, who questioned evidence and raised arguments about DNA, ballistic reports, intimidation, and constitutional rights not being explained.

Thembeni Mayinga, a State prosecutor, suggested that Judge Willy Serete hand Makamu multiple life sentences.

Makamu and his co-accused Henry Maile were linked to the alleged offences committed between February 2000 and September 2000. Henry Maile was a co-accused.

Sentencing

Three days were set aside for sentencing in July 2004 in the Mhala circuit of the Pretoria High Court.

In sentencing, Makamu was sentenced to eight life sentences and 165 years in prison in July 2004.

Makamu’s sentencing in the Mhala circuit brought relief to the community and to his mother, Joyce Makhubela.

The narrative described Makamu’s guilty finding as being on 32 of 34 charges.

Appeals

No appeal outcome was provided in the case material.

Outcome

Makamu was found guilty on 32 charges. He was acquitted on two rape and robbery charges.

Henry Maile, Makamu’s co-accused, was shot dead when police raided his house and when police attempted to arrest the two in September 2000, in an account describing a shootout with police.

Aftermath

The narrative described the aftermath in which Joyce Makhubela and Sibongile Makamu, 19, were treated warmly outside the courtroom after sentencing by Makamu’s victims and their families.

Milton Morema described the sentencing as a great relief to people of the area.

Timeline

• February 3 2000 at 21:00 — Primary school teacher Colbert Mnisi was walking to a bus station when he was shot in the thigh and robbed of his cell phone, car keys and bankcards.
• May 14 2004 — Makamu’s legal representatives asked the High Court sitting in Nelspruit, Mpumalanga, to subpoena the CEO of Tintswalo hospital to give evidence; Makamu was treated at Tintswalo after being shot in the leg while allegedly trying to escape arrest; more than 40 witnesses had testified so far; Makamu faced 34 charges including six counts of murder and 10 of rape; Henry Maile died in a shoot-out with police during the arrest; Makamu and Maile allegedly committed crimes between February and September 2000 in the Acornhoek area in Limpopo.
• May 20 2004 — Judge Willie Seriti said he wanted to pass judgment in the Bushbuckridge area; Makamu was tried on 34 charges in the Nelspruit circuit of the Pretoria high court; the case was postponed to find a suitable venue in Bushbuckridge.
• May 28 2004 — Makamu was found guilty on 32 charges in the Mhala Magistrate Magistrates Court at Thulamashe in Limpopo; Judge Willy Serete was expected to pass sentence on July 20.
• July 20 2004 — A court in the High court sitting in Thulamahashe near Bushbuckridge set aside three days for sentencing; Fanuel Makamu (27) was found guilty on 32 charges; the trial lasted five weeks; Judge Willy Serete found Makamu guilty of 32 charges including six for murder and nine for rape; the remaining charges included robbery, attempted murder, attempted rape and attempted robbery; Maile was shot dead when police attempted to arrest the two in September 2000.
• July 27 2004 — Makamu was sentenced to eight life sentences and 165 years in prison; the sentence was described as bringing relief to the community and his mother.

Other details

Makamu was associated with multiple counts described as being charged with ten counts of rape, six of murder, five of armed robbery, two of attempted murder, three of housebreaking, one of attempted robbery, one of attempted housebreaking, two of illegal possession of firearms, two of illegal possession of ammunition, one of malicious damage to property and one of attempt to escape from custody.

Makamu was charged with attempting to escape from police a few days after his late co-accused Henry Maela was killed during a shootout with police when the men were arrested on September 14, 2000.