In the matter between

THE STATE

versus

MZIWAMADODA LENNOX QWABE Accused

A. PREAMBLE

WHEREAS:

IN THE HIGH COURT OF SOUTH AFRICAWESTERN CAPE PROVINCIAL DIVISION

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

1. The accused is charged with committing the following crimes:

Count 1: K ID N A P P IN G;

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

Count 3: M U R D E R ;

Count 4: C ON TR A V E N IN G SECTION 3 OF THE FIREARMSCONTROL A C T , N O . 6 0 O F 2 0 0 0 ( ILLEGA LPOSSESSION OF A FIREARM).

22. Adv Adrian Mopp, Deputy Director of Public Prosecutions ("the DeputyDirector"), has been duly authorised, as required by Section 105A ofthe Act 51 of 1977, to negotiate and enter into an agreement with theaccused.

3. The Deputy Director and the accused, who is represented herein byAdvocate Daniel Theunissen, have negotiated and entered into thisagreement in respect of a plea of guilty by the accused to the offencesof which he may be convicted, as well as a just sentence to beimposed by this Honourable Court.

4 The accused has been informed of the following rights referred to insection 105A(2)(a) of Act 51 of 1977:

4.1 To b e presumed innocent until proved guilty beyondreasonable 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 ifhe enters into this agreement, the contents thereof will bemade known to the Court which may convict and sentence himin terms of the agreement or may refuse to accept theagreement, in which case the agreement will be null and voidand the State will not be able to use or present suchagreement against him as evidence in a criminal trial.

5. The Deputy Director has duly complied with the requirements ofSection 105A(1)(b) of Act 51 of 1977, in the following respects:

5 1 The investigating officer, C a p t Paul Hendrikse, h a s beenconsulted H e is satisfied with the terms o f the agreement,

including the sentence, as appears from his affidavit, attachedas Annexure A;

5.2 The Deputy Director and the investigating officer have alsoconsulted t h e fa ther o f th e deceased, M r . VinodkumarHindocha, regarding the content of the agreement, as appearsfrom annexure A;

5.3 Due regard has been given to the circumstances prescribed inSection 105A (1)(b)(ii) of Act 51 of 1977.

6. The accused has been informed that this agreement cannot bind theCourt not to exercise its discretion to make a specific order or conducta specific enquiry, in which event the accused will be entitled to followany direction(s) given by the Court or abandon the agreement.

7. The accused ma ke s th e following admissions relevant t o th ecircumstances of his entering into this agreement:

7.1 that he understands the charges against him as set out in theindictment;

7.2 that he was in no way unduly influenced or threatened to pleadguilty nor were any promises made to him should he pleadguilty, other than the terms of this agreement;

7.3 that he is in his sound and sober senses while entering into thisagreement;

7.4 that h e understands English, a n d s o th e te rms o f th isagreement is expressed in English.

8. The accused, represented and assisted by the abovementioned legalrepresentative, admits guilt in respect of the charges, as mentionedabove, 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 considerednecessary and appropriate for the purposes of this agreement. Theyare not intended to be the exhaustive account of all the details of therelevant events.

NOW THEREFORE the Deputy Director and the accused, as representedherein by Advocate Daniel Theunissen have negotiated and reached thefollowing agreement with the following terms in respect of a plea of guiltyby the accused as well as a just and fair sentence to be imposed by thisHonourable Court.

B. P L E A OF GUILTY AND ADMISSIONS

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

Count 1: Kidnapping

12.0n o r about 13 November 2010 and a t or near NY112, Gugulethuand/or Khayelitsha, in the jurisdiction o f the Western Cape ProvincialDivision, I, together with Xolile Mngeni, Zola Tongo, the husband of thedeceased (now known to me as Shrien Dewani), and in furtherance ofa common purpose, unlawfully and intentionally deprived Anni Dewani,an adult female, of her liberty by threatening her with a firearm, forcingher thereby to remain in Zola Tongo's motor-vehicle with registrationCF 160944, in which she was a passenger and taking her against herwill from Nr112 . Gugulethu t o Singolamthi Street, l l i tha Park,Khayelitsha

Count 2: Robbery with aggravating circumstances

13.0n or about 13 November 2010 and a t NY112, Gugulethu in thejurisdiction of the Western Cape Provincial Division, I, together with theXolile Mngeni, Zola Tongo and the husband of the deceased (nowknown to me as Shrien Dewani), and in furtherance of a commonpurpose, unlawfully and intentionally assaulted Anni Dewani, an adultfemale, by threatening her with a firearm and intentionally used suchforce to induce submission by the aforesaid person, and took andintentionally stole from her the items listed below, being her property orin 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; anda Blackberry cellular telephone.Estimated Total Value: R90 000.00 (ninety thousand rand)

14.1 admit that aggravating circumstances were involved in the robbery inthat a firearm was used.

Count 3: Murder

5

15.0n or about 13 November 2010 and at or near Singolanthi Street, llithaPark, Khayelitsha in the jurisdiction of the Western Cape ProvincialDivision, I together with the Xolile Mngeni, Zola Tongo and thehusband of the deceased (now known to me as Shrien Dewani), and infurtherance of a common purpose, unlawfully and intentionally killedAnni Dewani, an adult female, by shooting her with a firearm.

16 In addition, the accused makes the following formal admissions relatingto Count 3

616 1 T h e deceased w a s a t a l l material t imes correctlyidentified as ANNI DEWANI, being the person mentionedin the indictment.

16.2 D r Janette Verster conducted the post-mortem on thebody of the abovementioned deceased on 15 November2010.

16.3 T h e body o f the deceased suffered no further injuriesfrom the time of the offence up to the time that the post-mortem was conducted on the body of the deceased.

16.4 D r Janette Verster correctly noted her findings on thepost mortem report.

16.5 T h e cause o f the deceased's death as indicated on thepost mortem report was 'a gunshot wound to the neckand therefore unnatural'.

Count 4: C ont r a v e ning 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, llithaPark, Khayelitsha in the jurisdiction o f the Western Cape ProvincialDivision, I together with the Xolile Mngeni, and in furtherance o f acommon purpose, unlawfully and intentionally possessed a firearm, towit a 7.62 mm NORINCO pistol, without holding a license, permit orauthorization issued in terms of the Firearms Control Act, No. 60 o f2000, to possess that firearm.

C. T H E SUBSTANTIAL FACTS

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 alsobeen explained to me by my counsel.

19. I knew that the offences that I was committing were punishable in acourt of law.

20.The accused admits the following substantial facts relevant to thismatter stated hereunder by the accused in the first person.

20.1 O n 12 November 2010, I received a telephone call fromMonde. He told me 'a job' needed to be done. Monde said hewill give a person named Zola my number so that Zola couldcall me.

20.2 O n 12 November 2010 Zola (now known to me as ZolaTongo) contacted me. We arranged to meet the next day,Saturday.

20.3 O n 12 November 2010 I contacted Watti and told him thatsomeone wants a 'job' done. I explained to him what 'job'meant that someone had to be killed. Watti's proper name isXoHie Mngeni.

20.4 O n Saturday 13 November 2010 Zola contacted meagain. We arranged to meet in Khayelitsha. Zola met me nearKhaya Bazaar that afternoon and we drove to Sidima Circle inKhayelitsha 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 hewill bring a couple into the township and that the husbandwanted the wife killed. Zola said that it had to look like ahijacking and robbery. When Wafti joined us in the vehicle I toldhim what Zola had told me.

20.6 T h e agreement was that Zola and the husband (nowknown to me as Shrien Dewani) would be unharmed and thatthe deceased would be kidnapped, robbed and killed. Thekidnapping and robbery were part of the plan to make it appearthat this was a random criminal act, unconnected to Zola andthe husband. We also agreed that we would 'hijack' the vehiclethat evening in Gugulethu, at the intersection of NY 112 andNY108.

20.7 W a t t i and I agreed to take part in the conspiracy andexecute the plan for a fee of R 15 000.00. I told Zola to leavethe money in the cubby hole of the vehicle and that we wouldalso take his cellular telephone during the 'hijacking'.

20.8 W e had agreed to meet Zola in Gugulethu in the earlyevening. Zola had to call us when he left the hotel at about19h30, which would be the time they would be leaving the hoteltowards Gugulethu. But the call did not come at 19h30. Zolaonly called at about 20h15 the evening and said that they wereonly leaving the hotel at that time.

920.9 S o when Watti and I got to Gugulethu they were alreadyon the N2 passing Khayelitsha in the direction o f SomersetWest. Watti and I were late so we returned to Khayelitsha.

20 10 L a t e r Zola gave me another call and said tha t thehusband wants the job to be done the same Saturday. Zo l asaid the couple were having dinner and that he will meet us atthe same place in Gugulethu.

20.11 W a t t i and I headed back to Gugulethu We got a lift fromKhayelitsha to Gugulethu with a person I know as Mawande.

20.12 A t about 23h00 Zola sent me a sms to say that that theyare close by and are coming into Gugulethu.

20.13 W h e n Zola's vehicle go t to the predetermined place,Watti and I were in position. I saw the car coming into NY 112from NY 108 and told Watti that the car is here. We approachedthe vehicle and Watti, who was in possession o f a firearm,pointed i t at Zola and ordered him out of the vehicle. Zola gotout of the vehicle and into the back with the passengers. I got inbehind the wheel and Watti got in on the passenger side.

20.14 I drove the vehicle in the direction of NY 111 and NY 1and ordered Zola to get off at that intersection. Before he gotout Zola whispered that the money is in a small packet behindthe front passenger seat.

20 15 I drove to Khayelitsha along the N2, taking the BadenPowell turnoff. We proceeded past Kuyasa and that is wherewe ordered the husband to get out of the vehicle.

10

20 16 B e f or e Zola and the husband were dropped Watti robbedZola, the husband a nd the deceased o f some o f theirpossessions.

20 17 A f t e r dropping the husband I drove along Mew Way,Khayelitsha between Ndlovini Village and Harare.

20.18 W h i l e I was driving the vehicle Watti shot and killed thedeceased. Watti was seated in the front passenger seat at thetime that he fired the single shot.

20 19 I got scared and nervous and drove the vehicle into llithaPark, Khayelitsha where I parked the vehicle at the side of theroad.

20.20 I got out and saw that Watti was looking for the bulletcasing. I opened the back door of the vehicle, found the bulletcasing and picked it up.

20.21 I threw the bullet casing into a storm water drain whileWatti and I were running away.

20.22 I wore yellow gloves during the incident to avoid leavingany fingerprints and escape detection.

20.23 I saw Watti the following day, the Sunday, when hedropped the firearm at my place. On the Monday I arranged fora friend to keep the firearm.

20.24 I was arrested by the police on 18 November 2010 andon that same day I confessed my involvement to the Police. Ialso did a pointing out the next day where I pointed all thematerial places out to the Police, including the drain into which Ithrew the bullet casing as well as where I threw the yellowgloves away Th e Police retrieved the bullet casing in my

presence. I also assisted the Police to recover the firearm thatwas used during the incident.

D. AGREEMENT IN RESPECT OF A JUST SENTENCE

It is agreed that the following is a just sentence in the circumstancesof the charges mentioned above.

THE AGREED SENTENCE

II

Count One: Kidnapping"Five (5) years imprisonment which will run concurrently with thesentence on count three".

Count Two: Robbery with aggravating circumstances"Fifteen (15) years imprisonment which will run concurrently with thesentence 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 thesentence on count three".

IT IS FURTHER ORDERED THAT:

The accused shall only be eligible to be considered for parole afterhaving served two thirds (2) o f h i s s e n t e n c e o f t w e n ty fi v e ( 2 5) y e ar s

imprisonment: and

In terms of Section 103(1) (a) of the Firearms Control Act, No 60 of2000 no determination is made and the accused is deemed a personwho is unfit to possess a firearm.

FACTORS TAKEN INTO ACCOUNT FOR SENTENCE

21. The seriousness of the offences of which the accused was convicted,the interests of the community as well as the personal circumstance ofthe accused were a l l considered and taken into account by bothparties.

22.The aggravating factors are:

22.1 T h e c r i me o f murder i s a g ra ve offence. T h ecircumstances o f the present murder are particularlyaggravating, i n that the accused agreed fo r monetaryreward to become part o f a plot to murder an innocent,recently married young woman, who was a stranger tohim.

22.2 T h e accused, fo r venal monetary gain, made commoncause with the deceased's husband to murder his bride ofmere weeks, under circumstances that her murder was agrave betrayal of his recent marriage vows.

22.3 T h e accused was prepared to accede positively to ZolaTongo's request that the husband wanted to have his wifekilled. Th e accused sought the assistance o f XolileMngeni and was actively involved in ensuring the planwas executed.

22.4 T h e accused persisted with his plan over a period of time,during which the accused had the opportunity both toreflect on what he had agreed to do and to desist fromdoing it.

23. The mitigating factors are

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23.1 T h e accused was born on 19 March 1985 and is 27 yearsof 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 theWestern 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 in2011). The children reside with their mothers.

23.4 T h e accused i s unemployed and assisted h is motheroccasionally at her meat selling business.

23.5 T h e accused has n o previous convictions, i s a firstoffender and has showed remorse by pleading guilty.

23.6 T h e accused was arrested on 18 November 2010 andhas been in custody for eighteen (18) months.

23.7 T h e accused assisted the police with their investigationby confessing his involvement in the matter soon after hisarrest and pointing out various scenes relating to thecommission of the offences.

23.8 T h e accused assisted the police to recover the firearmused in the commission o f the offence and pointed outwhere the cartridge had been disposed of.

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23.9 T h e accused i s willing and prepared to testify in anysubsequent criminal prosecution instituted in regard tothis conspiracy.

23 10 T h e accused, by pleading guilty, hopes to minimize thepotential trauma which a trial may have on the family ofthe deceased.

23.11 T h e conclusion of the present matter by way of Section105A of Act 51 o f 1977 has spared the Court and theState the expense and inconvenience of a protracted trialinvolving the accused.

23 12 B y pleading guilty he is taking full responsibility for hisactions.

24. The substantial and compelling circumstances in terms of Section51(3) (a) o f the Criminal Law Amendment Act, Act 105 o f 1997 thatjustify the imposition of a sentence less than the prescribed minimumsentence of life imprisonment in respect of Count 3 are the cumulativeeffects of the mitigating circumstances mentioned above.

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

ADRIAN CARL MOPPDEPUTY DIRECTOR OF PUBLIC PROSECUTIONSWESTERN CAPE PROVINCIAL DIVISION

1T.%

MZIWAMADODA LENNOX QWABE

15

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

DANIEL THEUNISSENACCUSED C O U N S E L FOR THE ACCUSED

Av

I, the undersigned,

do hereby declare on oath that.

1 I am 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 am the investigating officer into the kidnapping, robbery and murder o f AnniDewani (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. DanielTheunissen have been i n discussion with the State to conclude a plea andsentence agreement in respect of the abovementioned matter.

4 I have had an opportunity to peruse the plea and sentence agreement and amaware tha t Qwabe i s pleading guilty to charges o f kidnapping, robbery wi thaggravating circumstances, murder and the illegal possession o f a firearm i ncontravention 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 personalcircumstances of the accused and the interests of the community and I am satisfiedwith the plea and sentence agreement in particular the effective term of 25 yearsimprisonment

6 O n 24 July 2012 at 171-109 I w a s p r e s e n t w h e n A d v M o pp s p ok e to Mr V i n od k u ma r

Hindocha. the father of the deceased. and informed him of the plea and sentenceagreement, the charges that Owabe was pleading guilty to and the sentence inrespect of each charge and Mr Hndocha expressed his satisfaction.

PAUL HENDRIKSE

1011-1b-.81"40Ce_s-

know and understand the contents of this declarationI have no objection to taking the prescribed oathI consider the prescribed oath to be binding on my conscience

SIGNED AT CAPE TOWN ON 24 JULY 2012

CAPTAIN PAUL HENDRIKSE

I hereby certify that the deponent knows and understands the contents of this declarationwhich was sworn to and signed by him in my presence at Cape Town on 24 July 2012.

-.6tc-40r-r

EL ZEEMAN (LT COL)17 DIAGONAL STREETDPCI, OCI GAUTENGNEWTOWNJOHANNESBURG