A KwaZulu-Natal High Court has handed down life imprisonment sentences to Nonhlanhla Cynthia Mbele, 48, and her co-accused, Mthofi Cyril Msipho, 53, for the murders of three relatives.
The pair were found guilty of orchestrating the killings to fraudulently claim funeral policy payouts. Acting Judge Kevin Gounden, in delivering the sentences, highlighted the premeditated nature of the crimes and the lack of remorse shown by the accused.
The murders involved Suzan Xolo, Mbele's sister; Thulani Cele, Mbele's brother-in-law; and Thamsanqa Mthembu, the child of a friend. Xolo was killed in March 2019, Cele in June 2020, and Mthembu in April 2020. The court heard that Mbele had taken out funeral policies on each victim, with the intention of claiming R100 000 for each death.
Msipho's role, according to the judge, was to hire hitmen and provide the weapons. After the killings, Msipho would distribute the money received from the insurance claims, keeping a share for himself.
"The crimes were out of greed and not out of desperation. Accused one [Msipho] played a pivotal role in accused two's [Mbele] masterplan in killing her relatives. The sentence must fit the manner in which the murders were planned and carefully orchestrated," Judge Gounden stated.
The sentencing took place amidst palpable tension in the courtroom. Relatives of the victims, present in the public gallery, audibly expressed their agreement with the judge's points, particularly his assessment of Mbele as the mastermind behind the meticulously planned murders. Their whispers of assent punctuated the proceedings, reflecting the profound impact the crimes had on their lives.
Both Msipho and Mbele's legal teams pleaded for leniency, citing the four years their clients had already spent in pre-trial detention. However, Judge Gounden remained unmoved, stating that the time served did not constitute substantial and compelling circumstances to justify a deviation from the minimum prescribed sentence.
He emphasised the lack of remorse and accountability demonstrated by the accused, asserting that deterrence and retribution should be paramount considerations in sentencing.
"The time they have spent behind bars is not a cause to deviate from the minimum prescribed sentence; they have shown a lack of remorse and accountability, and therefore, in my view, deterrence and retribution must come to the fore when it comes to sentences based on the behaviour of the accused," he explained.
"The crimes committed and the interest of justice determine that they should be sent to jail for long as a warning to other like-minded people."
In addition to the life sentences for each murder, Msipho and Mbele received 15-year sentences for conspiracy to commit murder in relation to three other thwarted planned murders, and further 15-year sentences for fraud related to the fraudulent insurance claims.
The judge described the murders as "senseless and heinous," condemning the taking of human life for financial gain. He underscored the court's duty to impose severe sentences for such conduct, emphasising the premeditated nature of the crimes and the accused's blatant disregard for human life.
"The court has a duty to impose a severe sentence for this type of conduct. The murders were premeditated to the extreme. After considering all the relevant facts, the accused showed a disregard for the lives of their family and friends. The court is not persuaded that there are substantial and compelling circumstances permitting deviation from the minimum prescribed sentence," he concluded.
The convictions and sentences were largely due to the testimony of Welcome Mbatha, a hitman who, after participating in the three murders, had a change of heart and confessed to the police. Mbatha, who became a state witness under Section 204 of the Criminal Procedure Act, was exonerated from prosecution due to his crucial evidence. His testimony was instrumental in bringing Mbele and Msipho to justice. Had Mbatha not come forward, the pair might have continued their deadly scheme.
Following the sentencing, Khumbuzile Xolo, Mbele's sister, expressed relief and hope that the lengthy sentences would serve as a deterrent.
"We are very happy with the sentence after such a long time of waiting for court proceedings to reach finality finally. What my sister did has changed our family dynamics; we are no longer close-knit because there are now a lot of trust issues among each other, and I would not want the same thing for any other family," she said.
