Cape Town - Cape Town law enforcement officer Morne Horn was on Thursday sentenced to 10 years’ imprisonment in the Western Cape High Court, but was able to walk out of court after his bail was extended.
Horn was convicted for the murders of police officer Thandimfundo Sigcu and suspect Ndimphiwe Given Mtshawe, formerly know as Bongani Jack. Sigcu was a police officer in plain clothes trying to arrest Mtshawe when Horn shot them both on January 7, 2020.
Sigcu’s widow, Nobesuthu Sigcu, said she was disappointed by the judgment and sentence.
“For him to get so little, 10 years; it’s nothing. It’s been a struggle, it’s been hurtful, I’ve lost a lot of things because of this. I’ve lost a place to stay, my salary and I can't pay school fees.
“Coming here each and every court date, I’ve been borrowing money. It’s a lot but it is what it is; I can’t do anything about it right now,” she said.
As part of his defence, Horn said that he was unaware that Sigcu was a police officer when he shot him and saw Sigcu’s gun, claiming that he acted in self defence.
Judge Matthew Francis, however, rejected this version, but said during sentencing that Horn should not be sacrificed.
“While it is clear from the probation officer’s report that the accused regrets his act, I’m not necessarily convinced that he is indeed remorseful.
“Although the accused’s lack of true remorse is not an aggravating factor, it may well be indicative of the failure on his part to take responsibility for his actions and an absence of true empathy for his victims,” Judge Francis said.
He further said Horn found himself in a highly charged situation, knowing that Sigcu was armed. This situation was a first for Horn.
“The murders were clearly not planned or premeditated,” he said.
Judge Francis said Horn’s personal circumstances, the probation report, the fact that he was a first offender and that he was on duty at the time of the incident provided “compelling and substantial circumstances” which necessitated a deviation from the prescribed minimum sentence of 15 years.
Following the sentence, Horn’s lawyer, advocate Francois Van Zyl SC, told the court he wanted to apply for leave to appeal Horn’s murder conviction. He will bring a formal bail application on April 12. Horn’s bail was extended.
“There’s a reasonable possibility that another court may find that the accused did act in self defence,” Van Zyl said.