Marike killer may face life behind bars

CAPE TOWN -- Former security guard Luyanda Mboniswa was found guilty in the high court here yesterday of murdering Marike de Klerk.

Cape High Court judge president John Hlophe and two assessors found the 22-year-old Mboniswa guilty of murder, but said there was not enough evidence to convict him on a rape charge.

Mboniswa was also found guilty of robbery with aggravating circumstances and housebreaking with intent to commit a crime.

The murder and robbery convictions carry possible life sentences. The sentencing procedure will start tomorrow.

Former president FW de Klerk said yesterday he was thankful that a verdict had been reached in the trial of the man accused of killing his ex-wife.

In a brief statement, De Klerk said: "Together with my children I am thankful that at long last a verdict was reached in the murder trial of Mboniswa.

"For them, more than anybody else, the long drawn out trial was extremely painful. As father I am proud of the way in which they dealt with the trauma involved."

In a separate statement the three De Klerk children, sons Jan and Willem and daughter Susan Hillocks, said they noted Mboniswa's conviction, and did not intend to comment on the merits of the case.

"As far as we are concerned the verdict confirms our confidence in SA's judicial system. The law must now also run its course in respect of sentencing."

Expressing appreciation to the police for their professionalism, they also said they welcomed what they said was the court's censure of the defence team and elements in the media "in respect of efforts to throw up suspicions against innocent people".

This was apparently a reference to evidence related to an agitated Willem de Klerk's arrival at his mother's flat after her death was discovered.

The De Klerk children said their non-attendance at the trial was due to "the painful sensation which was constantly created. None of us are prepared to be part of that".

Delivering a judgment that lasted almost four hours, Hlophe said he and his assessors were unanimous about Mboniswa's guilt on the three counts on which he was convicted.

Although the defence team -- senior counsel Pat Gamble, assisted by Hugo Rossouw and Sheriff Mohamed -- had contended that accomplices were involved with Mboniswa in the slaying, the judge said there was insufficient evidence to make a finding about this.

He said each state witness had been extensively cross-examined, and the court had no reason to rule any of them evasive or to doubt their veracity.

He said much of the prosecution evidence had been left uncontested by the defence, giving the impression that the defence was to lead contradictory evidence, which had not happened.

The only witness led by the defence had been a DNA expert who, instead of challenging the prosecution's DNA evidence, had in fact supported it.

The judge and assessors said the defence had challenged the validity of a confession made by Mboniswa, on the grounds that he had allegedly not been informed of his constitutional right to remain silent.

However, prior to being taken to magistrate Hennie le Roux, before whom he made a confession, Mboniswa's attorney at the time -- appointed by his former employer, Securicor-Gray -- had visited Mboniswa in his cell, aware that Mboniswa was being taken to make a confession.

The judge and assessors said it was unthinkable that the attorney had not during the visit specifically advised him of his right not to say anything.

Political parties and women's groups in the Eastern Cape welcomed the verdict. -- DDR-Sapa