
Pretoria police officer, Warrant Officer Jacob Makana, has been found guilty of culpable homicide following the tragic death of Akhona Gxuluwe in 2021.
However, the Soshanguve Magistrates Court ruled that Makana would not serve jail time immediately. Instead, he has been handed a seven-year prison sentence, which has been suspended for five years, provided he does not commit a similar offense during this period.
The incident that led to Makana’s conviction occurred when he reportedly lost control of his vehicle, which then struck and killed Gxuluwe, who was walking along the side of the road. Culpable homicide, in this case, refers to the unlawful negligent killing of another person, and the court found that Makana’s actions directly resulted in Gxuluwe’s death.
The suspended sentence means that while Makana has been found guilty, he will not go to prison unless he is convicted of a similar offense within the five-year suspension period.
This type of sentence is sometimes imposed in cases where the court believes the defendant is unlikely to re-offend and where imprisonment might not serve as the most appropriate form of punishment. Instead, the court often seeks alternative ways to address the harm caused, as was done in this case.
In addition to the suspended sentence, the court has imposed several financial penalties and restrictions on Makana. One of the key components of the ruling is that Makana has been ordered to pay R150,000 to the mother of the deceased.
This compensation is intended to provide some financial relief to the family, who has been affected by the loss of their loved one. While no amount of money can bring back a life, such payments can help address the financial hardships that often follow the unexpected death of a family member.
Moreover, the court instructed Makana to take out a policy for the child of the deceased. This policy is presumably meant to provide ongoing support for the child, ensuring that their future needs are taken care of, at least in part, by the responsible party.
This ruling reflects the court’s acknowledgment of the long-term impact of Gxuluwe’s death on her family, especially on her child, who now faces life without a parent.
Another significant consequence for Makana is the suspension of his driver’s license for six months. This temporary ban on driving serves as a reminder of the seriousness of his actions and the responsibility that comes with operating a vehicle.
Losing control of a vehicle, especially when it results in the loss of life, is a grave offense, and the suspension of his license is a measure aimed at ensuring that Makana takes extra precautions if and when he is allowed to drive again.
The Independent Police Investigative Directorate (IPID), which is responsible for overseeing cases involving police misconduct, has closely monitored the case. IPID’s spokesperson, Phaladi Shuping, confirmed the details of the court’s ruling, emphasizing the conditions tied to Makana’s suspended sentence.
The involvement of IPID underscores the importance of accountability within law enforcement, particularly when the actions of a police officer lead to the death of a civilian.
While the suspended sentence and financial penalties reflect the court’s attempt to balance justice and rehabilitation, the ruling has elicited mixed reactions. Some may argue that a suspended sentence does not adequately address the loss of life, while others may feel that the conditions imposed on Makana, along with the financial compensation, are sufficient in ensuring accountability.
Ultimately, the case highlights the complexities of sentencing in culpable homicide cases, where the intent to harm is absent but the consequences are tragic nonetheless.
Makana’s case serves as a reminder of the critical responsibility that all drivers, particularly those in positions of authority like police officers, bear when on the road.
As the legal process comes to a close, the family of Akhona Gxuluwe continues to mourn their loss, and the court’s decision offers a measure of closure while also emphasizing the importance of preventing such incidents in the future.