By BAKANG MOKOTO
17 August 2026 – The accused, Lucas Mmakgathi (49), who was sentenced to 25 years imprisonment by the Madikwe Regional Court following his conviction for the murder of his son (2). On 4 May 2024, Mmakgathi requested permission from the child’s mother to spend time with the child in town.
The National Prosecuting Authority (NPA) regional spokesperson North West, Lindiwe Mabasa said trusting his intentions, she agreed. Mabasa said, however, the accused carried out a calculated and deceptive plan by taking the child to a nearby bush instead, where he used his shoelace to strangle the child to death.
“He was arrested the following day. During sentencing proceedings, state prosecutor, Zola Mpayipheli, argued that the accused’s actions demonstrated extreme cruelty, hatred, barbarity, and a complete disregard for human life.
“The state emphasised that the accused had deprived the child of his most fundamental constitutional right, namely the right to life,” she said.
Mabasa further said in his guilty plea, the accused told the court that he became angry after the child’s mother informed him that he was not the biological father of the child. She added that he claimed that feelings of hatred and anger prompted him to commit the offence.
“The court further heard that the accused watched as the child took his final breath. This testimony left members of the deceased’s family and those present in court visibly distressed and emotional.
“Following his testimony, the accused was referred for mental evaluation, which found him fit to stand trial. The state submitted that the accused’s guilty plea should not be viewed as genuine remorse, but rather as an attempt to secure a lesser sentence,” said Mabasa.
He said the prosecution further highlighted the seriousness and prevalence of crimes committed against women and children and urged the court to impose a sentence that reflected the gravity of the offence. Mabasa said the court agreed with the state’s submissions and found that the accused posed a danger to society.
“In imposing sentence, the court remarked that the accused should be removed from society for a considerable period. While taking the guilty plea into account, the court sentenced him to 25 years’ direct imprisonment and declared him unfit to possess a firearm.
“In terms of Section 299A of the Criminal Procedure Act 51 of 1977, the accused will not be considered for parole unless the prescribed communication has been made with the victim’s family and their views have been considered,” he said.
Commenting on the outcome, Director of Public Prosecutions in the North West, Dr Rachel Makhari, commended the swift response of the South African Police Service (SAPS), as well as the efforts of the prosecutor and the court in ensuring that justice was served.
“This sentence reflects the seriousness with which our courts regard violent crimes against children. The successful prosecution of this matter demonstrates the commitment of the criminal justice system to protecting vulnerable members of society and ensuring accountability for those who commit such horrific acts.
“The NPA continues to prosecute hundreds of matters involving domestic violence, gender-based violence and femicide (GBVF), and crimes against children across the country,” Makhari.
She said NPA remains committed to ensuring that perpetrators who violate the rights, dignity and safety of women, children and other vulnerable persons are held accountable and face the full consequences of the law.
The Guardian 