Professional Documents
Culture Documents
The accused (Tayob) and (Nana) ought to have got stiffer sentences. Tayob is free and will see his
family daily. My dear son, on the other hand, is gone and is not coming back.
However, Professor Stephen Tuson, a criminal law expert at Wits University, and Professor Karthy
Govender, a constitutional law expert, told POST that Pillays bid to appeal the sentences was
unlikely to materialise.
This was mainly because she would have to persuade the State, which had agreed to the plea
bargain, to lodge the appeal.
Tuson said it was unlikely that the State (represented by advocate Denardo McDonald) would
consider Pillays request.
In terms of the procedures concerning plea bargains, the State has to canvass the views of the
victim (if alive) or the deceaseds family to satisfy Section 105 (A) of the Criminal Procedure Act.
I dont know the facts of this case, but from what was told to me, it seems that Pillays views were
canvassed by the KwaZulu-Natal Directorate of Public Prosecutions.
The directorate would have tasked the investigating officer (Lieutenant Monty Naidoo) to discuss the
plea bargain agreement with Pillay, he said.
It is not binding on the court to implement the input of the deceaseds family.
The sentencing of the accused was not an easy process, Tuson added.