JOHANNESBURG — Molemo “Jub Jub” Maarohanye and his co-accused Themba Tshabalala have had their murder and attempted murder convictions overturned, with their sentences reduced significantly. 
In June, the pair’s second appeal revolved around the disgraced gospel star claiming the reason why his conviction should be altered was because he wasn’t in control of his faculties because he was high.
Originally, Maarohanye and Tshabalala, were found guilty on four counts of murder after ploughing into a group of pedestrians travelling through Protea Glen four years ago, killing four schoolchildren.
The pair were given a life sentence for murder, attempted murder, reckless driving and driving under the influence of drugs.
At the time of the appeal, Maarohanye’s lawyer, Willie Vermeulen, argued that his client had been convicted of murder; dolus eventualis. This means that the court found Maarohanye and Tshabalala had an understanding of the damage they could cause by their behaviour, and therefore had indirect intention to kill.
However, Vermeulen insisted that because of his client’s use of drugs on the day of the race, the dolus eventualis argument no longer stood.
On Wednesday morning, Judge George Maluleke and his team of appeal judges seemed to agree with this argument, saying the dolus eventualis charges could not stand.
He altered the four counts of murder to four counts of culpable homicide and set aside the driving under the influence and attempted murder charges.
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He sentenced the pair to 10 years, with two years suspended, and insisted that the sentence be back-dated to when the pair were originally sentenced in October 2012.
—IOL
