South Africa court sentences two gang affiliates to life for murder of pregnant woman

In handing down life sentences for murder duo Jeremiah Fortuin and Ricardo Cloete, Western Cape High Court Judge Nonthuthuzelo Ralarala described their actions as abhorrent acts of violence that plague Cape Flats communities.

Fortuin and Cloete were sentenced for the 2020 murder of eight-months-pregnant Shahieda Nathan.

The two, affiliated to Ferodo’s criminal gang in Scottsdene, Kraaifontein, faced a slew of charges including murder, six counts of attempted murder, illegal possession of firearms, and illegal possession of ammunition.

Fortuin and Cloete were arrested for the murder of 21-year-old Nathan after the incident occurred on June 21, 2020, in a rival gang shooting, which was an attack against the Mobsters gang. The court heard that Nathan was not the intended target of the shooting but was an innocent victim.

According to details which emerged during the trial, at the time of the incident, Nathan was in a shack at Klipbok Street - a drug turf stronghold of the Ferodos gang - with six other people when Fortuin shot at the shack repeatedly, having believed that members of the rival gang were inside.

Judge Ralarala detailed that the convicted criminals were both repeat offenders, having various run-ins with the law, with each having had previous convictions dating back to 1997 and 1993, respectively.

According to Judge Ralarala's judgment, the pair had time for rehabilitation as they had “enough encounters with the law to change their conduct”, but despite this, they still chose a life of crime.

The judge added that Fortuin, after being previously released from prison, ran a business selling drugs in the community. 

During the trial, both Fortuin and Cloete maintained their innocence and pleaded not guilty to the charges against them.

During sentencing proceedings, Judge Ralarala recounted that despite the conviction, both of them maintained that they were not involved with the shooting and murder incidents, with Fortuin’s family disputing that he was a gang member.

Judge Ralarala stated that the sentences handed down to Fortuin and Cloete must reflect the “revulsion of such acts” after the pair violated the Kraaifontein community's constitutional rights to life and freedom.

“The victims were attacked in their homes, where they were meant to be safe,” said Judge Ralarala, who referred to the testimony given by a parole officer, who said the pair showed no remorse or accountability for their actions.

During the trial, Fortuin claimed that he did not know about the shooting incident, as he had allegedly gone to bed early the night before and was intoxicated from a party he attended in Klapmuts.

Fortuin, who denied any affiliation with a criminal gang, said that on June 21, 2020, he was at home and woke at 9am after the incident had already taken place earlier that morning. He argued that the witnesses who gave testimony to having seen him at the scene were “mistaken”.

Despite this, the court heard from the investigating officer's testimony that Fortuin would always assume the leadership role when he approached the community in the “Zoo area” during rival gang fights, and he would deny that the Ferodos were the instigators during fights but would instead point at the Mobster gang as the instigators.

Cloete, in his version to the court, stated that he was not at the address of the shooting but, after drug consumption, fell asleep at a friend's house, who is a neighbour to where the shooting took place.

During the sentencing proceedings, Judge Ralarala said she was satisfied that the State had proved its case beyond a reasonable doubt.