Jailed pensioner appealing heavy sentence

10 Oct 2017 15:50pm
WINDHOEK, 10 OCT (NAMPA) – A 67-year-old farmworker sentenced to 55 years’ incarceration is appealing against his long prison term.
Eliakim Nampindi was on 21 July 2016 sentenced by High Court Judge Alfred Siboleka for stabbing two people to death in the Hardap Region in 2009 and 2011.
On Tuesday, Nampindi informed Siboleka that he decided to proceed with the appeal without legal representation, because the Justice Ministry’s Directorate of Legal Aid rejected his application for legal aid on the grounds that his appeal is without merit and is likely not to succeed before court.
Nampindi also contributed to setbacks in his case by not filing heads of argument before the Registrar of the High Court since lodging the appeal on 13 September 2016.
As a result, Nampindi was on Tuesday ordered to file an application of condonation for the late filing of the appeal, because he was supposed to do so within the prescribed 14 days from the date of sentencing.
The pensioner was ordered to file his heads of argument before or on 21 November 2017, stating why he feels the court has incorrectly imposed the alleged heavy sentence on him.
The pensioner’s appeal case was remanded until 21 November 2017 to allow him to respond to the court’s requests.
Nampindi, who serves his custodial sentence at the Windhoek Central Correctional Facility, wants the judiciary to reduce the sentence, which he feels is too heavy in comparison to his advanced age.
He was sentenced to 20 years’ imprisonment for stabbing to death fellow farmworker Paul Fredericks, 46, at Farm Onzerust in the Mariental District during a heated argument, apparently over alcohol, on 05 March 2009.
He was also sentenced to 35 years’ imprisonment for stabbing to death Anetta Jantjies, 38, at a farm near the Schlip settlement in the Kalkrand area on 03 August 2011.
He committed the second murder while free on bail for the first charge.
Nampindi was further sentenced to eight years in prison for assaulting another farmworker, Salmon Rooinasie, by stabbing him in the back on 03 August 2011, shortly after he had stabbed Jantjies.
The sentence of eight years’ imprisonment was ordered to run concurrently with the 20-year prison term imposed on the first count of murder.
State-funded lawyer Mbanga Siyomuinji defended Nampindi during trial.
Ethel Ndlovu, who appeared for the State during trial, will again represent the prosecution in the appeal.
(NAMPA)
SKE/HP/ND