NPA WELCOMES LIFE SENTENCES IN DEADLY UPINGTON ROAD RAGE DOUBLE MURDER AND ATTEMPTED MURDER CASE

Upington, Northern Cape – The National Prosecuting Authority (NPA) welcomes the sentence imposed on John Ivan Francious Mouton (50), a resident of Upington, who was convicted by the High Court in Upington on two counts of murder and four counts of attempted murder following a tragic and senseless incident arising from a road collision.

The matter stems from events that unfolded in the early hours of 17 December 2022. The accused was involved in a motor vehicle collision with Joshua Rock. Following the collision, he retrieved a firearm from his vehicle and threatened Rock. During this confrontation, Shadrack Dube, a friend of Rock, arrived at the scene and attempted to intervene and defuse the situation. Despite these efforts, the accused discharged his firearm twice. Rock subsequently left the scene, while Dube remained behind.

Shortly thereafter, the owner of the vehicle driven by Rock, Boiphelo Khumalo, arrived after being informed of the accident. He was accompanied by several individuals, including an off-duty police officer, Ranchia Nokayi. Nokayi approached the accused to calm him down and contacted the police for assistance. While she was still on the call, the accused began shooting indiscriminately. Both Dube and Khumalo sustained fatal gunshot wounds. The accused then fired at four other individuals who had arrived at the scene, including Nokayi. Fortunately, none of them was injured.

During the trial, the accused claimed that he acted in self-defence, alleging that Dube was armed and that Khumalo posed a threat. The State, represented by Advocate Mary-Ann Engelbrecht, successfully argued that the accused’s actions were unjustified and that he had deliberately targeted unarmed individuals. The court rejected the accused’s version, finding that he had the direct intention to kill Dube and Khumalo and that his actions were premeditated.

Victim Impact Statements presented to the court detailed the profound psychological trauma and emotional suffering endured by the families of the deceased, as well as the victims who survived the shooting. The court imposed the following sentences: life imprisonment for the murder of Shadrack Dube; life imprisonment for the murder of Boiphelo Khumalo; and ten (10) years’ imprisonment for each of the four counts of attempted murder. All sentences were ordered to run concurrently. The families expressed a measure of relief and welcomed the sentences, noting the lasting impact of the accused’s actions on their lives.

The NPA reiterates the fundamental importance of safeguarding the right to life, as enshrined in the Constitution of the Republic of South Africa. The loss of life in this matter underscores the devastating consequences when individuals choose violence over lawful conduct. The justice system remains committed to ensuring accountability for those who violate this most basic of rights.

Furthermore, the NPA emphasises the critical responsibility that accompanies firearm ownership. Individuals entrusted with firearms are expected to exercise restraint, discipline, and sound judgment always. Road rage and acts of retaliation have no place in a lawful society. There are established legal frameworks and road traffic regulations designed to address disputes arising from accidents. Taking the law into one’s own hands not only undermines the rule of law but also leads to irreversible harm and tragedy.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson

Northern Cape Division