Luis Cabrah Algeria

Luis Cabrah Algeria (d.o.b. unknown - 1989)

Brief overview:

Luis, owner of the Violet Eating House in Millsite, Krugersdorp, was shot in the arm and head during an attempted robbery in 1989.

"Mafanandota and Beggie (also known as Beji), set out from the Jabulani location for Krugersdorp in Amon Nkosana Mabizela Opel motor car with the express purpose of robbing a shop in order to obtain money. Mchunu and Mafanandota were each armed with a firearm. Beggie was armed with a panga. Mabizela was the driver of the car. They stopped about 200 to 250 m from the Violet Eating House at Millsite in the Krugersdorp district. Mchunu, Mafanandota and Beggie, armed as aforesaid, alighted from the car and set out on foot for the Violet Eating House. Mabizela remained in the car. As Luis approached them, but while he was still behind the counter, both Mchunu and Mafanandota fired at him, hitting him in the head and arm. All three then immediately - and without any attempt at taking money fled to the car in which first appellant was waiting for them and they all drove off. The deceased died from the bullet wound to his head."

Brief Biography:

• Other Victims/Family
• Funeral/Memorial
• The Farm/Smallholding
• The Region (Land disputes, other incidents etc.)

Attack Details:

• Date and time of attack
• Weapons
• Items Stolen
• Investigative officer/SAPS Case No:
• Torture, Gratuitous violence
• Indications of Hate Crime? Threats etc.

Perpetrator details:

• Number and Descriptions
  • 4
• Arrests
• Name/s and age/s of Perpetrator/s
  • Amon Nkosana Mabizela, Mbuyiseni Ernest Mchunu, Mafanandota, Beggie (also known as Beji)
• Country of origin of Perpetrator/s
• Trial/Conviction
  • The two appellants (Amon Nkosana Mabizela and Mbuyiseni Ernest Mchunu) stood trial in the Witwatersrand Local Division before Smit J and two assessors on a charge of murdering one Luis Cabrah Algeria (the deceased) and of being in possession of unlicensed firearms and ammunition. Despite their pleas of not guilty on all charges, both appellants were found guilty on the murder charge and second appellant was, in addition, found guilty of being in possession of a 9 mm firearm and ten rounds of 9 mm ammunition. On these two charges, which were taken together for the purposes of sentence, second appellant was sentenced to two years' imprisonment. The court found, in respect of the murder charge, that neither appellant had discharged the onus of establishing extenuating circumstances. Both appellants were accordingly sentenced to death. At the time the death sentence was, in the circumstances, mandatory. With the leave of this Court each appellant noted an appeal against the death sentence imposed by the trial court. Since their conviction and sentence on 28 March 1990 the Criminal Procedure Act, No 51 of 1977, has been amended in certain important respects by the Criminal Law Amendment Act, No 107 of 1990, which came into operation on 27 July 1990.
  • While this remains a most serious crime, there are the mitigating factors which I have mentioned. According these their due weight, this is not a case where the death sentence is "imperatively called for". See S v J 1989 (1) SA 669 (A) at 682 D. Although the death sentence may be a proper sentence, it is not the only proper sentence. Despite the fact that second appellant is a first offender, the mitigating factors in his case are not as strong as in the case of first appellant. Taking the main purposes of sentencing into account, I consider that in his case a sentence of life imprisonment is warranted. The appeals of both appellants are upheld. The death sentence in each case is set aside. There is substituted, in the case of first appellant, a sentence of 25 years' imprisonment and, in the case of second appellant, a sentence of imprisonment for life. It is ordered that the sentence which second appellant is at present serving is to run concurrently with such life imprisonment. G FRIEDMAN JA.

Additional Biographical Information:

Links to Media articles:

• https://archive.ph/z8tjq