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Emaan Solomons' killers get 35-year sentence

Yolande Du Preez|Published

Two men found guilty of the murder of Emaan Solomons, 7, have been sentenced to 35 years in the Western Cape High Court.

Image: Supplied

The family of seven-year-old Emaan Solomons has forgiven the two gang members responsible for her murder, saying justice has been served, even though it will not bring her back.

Emaan died at False Bay Hospital after she was caught in the crossfire of a gang war outside her Libra Road home in Ocean View on February 25, 2020. She was shot in the chest and hand (“Too many innocent lives lost,” Echo, March 5, 2020).

Junky Funky Kids (JFK) gang members Eben Basson and Chivargo Fredericks were sentenced to  35 years imprisonment in the Western Cape High Court on Wednesday April 30 for Emaan's murder, four counts of attempted murder, illegal possession of a firearm and illegal possession of ammunition.

The National Prosecuting Authority (NPA) said in a statement that Judge Gayaat Da Silva Salie sentenced Basson and Fredericks to 22 years' direct imprisonment for Emaan’s murder.

In addition, they were sentenced to five years direct imprisonment for each attempted murder charge, which will run concurrently with the 22-year sentence and an additional eight years for the illegal possession of a firearm and illegal possession of ammunition.

Judge Da Silva Salie deviated from the prescribed minimum sentence of life imprisonment after considering that they were first offenders and had been awaiting trial for five years.  

 

Convicted murderers Eben Basson and Chivargo Fredericks in the dock. They were sentenced to 35 years for the murder of Emaan Solomons, four counts of attempted murder, illegal possession of firearms and ammunition.

Image: Mahira Duval

Emaan’s father, Azmir Oosthuizen, told the Echo that while the sentence would not bring back his daughter, the family was happy with the sentence and justice had been served.

He said considering their current ages, 31 and 25 years, and that they had been awaiting trial for five years, they will effectively spend a long time in jail.

He said that he wanted to visit them in prison to tell them that he has forgiven them.

“I am very close to God and have forgiven them as I would also want to be forgiven for my sins,” Mr Oosthuizen said.

The statement said that Senior State prosecutor Advocate John Ryneveld had asked the court to sentence Basson and Fredericks to life imprisonment for Emaan’s murder and long-term direct imprisonment for the four attempted murders of Anees Davis, Marco Simon, Michael Daniels and Oscar Daniels and illegal possession of a firearm and illegal possession of ammunition.

During the trial, the court heard from Advocate Ryneveld that on the afternoon of February 25, 2020, Emaan and her friends engaged in their usual after a school ball game in a cul-de-sac in Libra Road, Ocean View, near her home. 

A few adults were sitting in a vehicle enjoying the afternoon when gunshots rang out. Emaan, her friends and the adults ran in different directions looking for a safe place as bullets whizzed past them. 

She made it into her home’s yard but collapsed in the front garden, a few metres from the front door. 

The court heard that her mother found her with a bullet wound in her back, which went out through her chest. She also had a wound in her left hand. She was rushed to hospital but was declared dead on arrival.

The accused were identified as those chasing and shooting at a rival gang member, Anees Davis, of the Taylor Gang, during the incident.

Fredericks was arrested that evening and Basson the following morning. Mr Davis was also taken into custody but later released due to lack of evidence. 

The firearm used in the shooting was recovered from a known JFK hideout in Alpha Way, Ocean View, following a tip-off. 

During sentencing, Judge Da Silva Salie said gang violence driven by turf wars and drug trade amounted to domestic terrorism, destroying families and robbing communities of peace in residential areas and hope for a better life.

Western Cape Director of Public Prosecutions, Advocate Nicolette Bell welcomed the sentence, saying it can never be over emphasised how important human life is, and the NPA will continue to be vigorous in its pursuit of these cases to serve as a deterrent to would-be murderers. 

“Such matters affect the safety and well-being of our communities, and we will continue to ensure justice for victims of crime,” she said.

City of Cape Town Mayor Geordin Hill-Lewis who had supported the family during the trial welcomed the sentence.

“The court has sent a warning to gangsters that jail without parole awaits those who terrorise our communities. I am relieved that Emaan’s family are getting some measure of justice out of this trial, knowing also that no amount of jail time can bring back Emaan. It has been an honour to support the family at court during key moments of this trial and to take inspiration from their strength and generosity of spirit,” he said.