Judges split over premeditation in GBV case, uphold life sentence for Cape Town student’s murder

The High Court in the Western Cape recently determined the appeal case of Muepa Paul Kasongo, who was convicted and sentenced to life imprisonment for the premeditated murder of his girlfriend, aspiring model Simnikiwe Mfengu. 

In a judgment reached on 20 March 2025, the matter saw a split decision among the judges, with compelling arguments surrounding the definitions of premeditation and suitable sentencing for perpetrators of gender-based violence. The heart of the matter arose from the tragic events that unfolded between 1 December and 3 December 2018. Kasongo, a model, was accused of fatally stabbing his girlfriend multiple times that evening. 

The prosecution built its case, alleging that Kasongo's actions were premeditated, citing earlier incidents marked by jealousy and violence that had occurred prior to the murder. However, his defence challenged the conviction, asserting that the murder was not the result of careful planning but rather a tragic outcome of a heated moment. 

Judge RCA Henney, who distinguished himself in a lengthy judgment, expressed dissent towards the original finding of premeditation by the trial court, highlighting that the evidence presented did not convincingly prove that the murder was planned.

"A person cannot plan or premeditate to commit an offence while such a person is in the process of committing it," said Judge Henney. His assertion led to questions about the conduct of the trial, as he underscored the lack of factual basis for establishing premeditation during critical moments prior to the murder. 

Concurrently, Judge CN Nziweni contended that sufficient evidence was presented to establish premeditated intent, especially noting the violent nature of the attack. He articulated that the brutality of Kasongo's actions, stabbing the deceased 11 times, indicated a chilling resolve that implies prior contemplation.

According to Judge Nziweni, the lack of remorse shown by Kasongo after the murder underscored the need for a harsher sentence to deter similar violent behaviour.  Central to the verdict was the debate on the application of gender-based violence legislation within the criminal justice system. The judges reiterated the courts' duty to respond not only to specific incidents but also to the prevailing context that witnesses the gruesome reality many women face daily. The ultimate decision upheld the life sentence. 

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