Update
KNYSNA NEWS - Two of the four men found guilty of the planned murder and hit on Nosipho ‘Nomdundu’ Mafani (23) of KwaNokuthula - who had a mental disability - for a R600 000 insurance payout, have been sentenced to life imprisonment.
High Court Judge Derek Wille, sitting in Knysna, completed sentence proceedings earlier today, Thursday 19 June, on the four accused he had found guilty on 17 June.
Mboneli Msila (who with his wife had adopted Mafani at the age of 11) and Monde Tshemese (who pulled the trigger 15 times) were sentenced to life in prison for conspiracy to commit murder and life for murder.
Tshemese was also sentenced to five years for the unlawful possession of a firearm and ammunition, which will run concurrently with his life sentence.
Garden Route District Commissioner, Major General Phumzile Cetyana, senior state advocate John Reyneveld and the investigation officer, Sergeant Mphumezi Mlenze, in court.Photo: Supplied.
The two other convicted murderers, Mbulelo Jack and Lungisile Lucas, were each sentenced to 17 years in prison for conspiracy to commit murder and 17 years for murder.
These sentences will run concurrently. Wille said the murder had been orchestrated and gender-based violence cannot be tolerated.
“Gender-based violence in our country has regrettably reached pandemic proportions. This was a form of gender-based violence,” said Wille.
“I believe an unambiguous message needs to be sent to the offenders who participate in this type of violence and crime. In my view, the circumstances of this peculiar case demand that the offenders, for all practical purposes, be removed from society for an extended period.”
Bitou Deputy Mayor Nokuzola Kolwapi outside court on Tuesday 17 June, demonstrating with members of the Bitou Women's Forum. Photo: Supplied
During argument on sentencing earlier, State Advocate John Ryneveld called for an effective sentence of life imprisonment for all four the accused on the basis that the court should not make a distinction between the roles the different accused had played, because the court had found all four guilty as co-perpetrators for the murder charge and conspiracy to commit murder.
Ryneveld said: “The very same people who were supposed to take care of the young, severely mentally disabled Nosipho Mafani, instead of caring, planned and conspired to shoot and kill her like an animal, for funeral policies totalling R600 000”.
He said all the accused had been convicted on counts of conspiracy to commit murder and planned/premeditated murder, and that Mafani’s murder “was a methodical, planned exercise”.
Murdered Nosipho ‘Nomdundu’ Mafani (23). Photo: Supplied
Ryneveld had argued seeking life imprisonment for all four accused because they knew exactly who the target was, and what her mental state was.
“They must all be treated equally when they are being sentenced, since they all acted in the execution of a common purpose, despite the fact that they played different roles. The fact was that the deceased was placed in the care of Masila and his wife to take care of her, but instead was shot and killed, just like an animal, 15 times for financial gain.”
Ryneveld said the community are looking at the courts to send out a strong message that this type of conduct will not be tolerated.
“Individuals who have mentally disabled children in their care must understand, if they commit these types of offences, they will be dealt with harshly, regardless of their role,” he said.
The Provincial Commissioner of the Western Cape, Lieutenant General Thembisile Patekile, praised both the investigation and prosecution teams who secured the lengthy incarcerations.
"This sentence should send a very strong message to the public that those entrusted to care for our children should not exploit the opportunity for financial gain," he said.
"Gender-based violence and femicide remain one of the top police priorities and any act of gender-based violence and femicide will be met with a similar response from police. No efforts or resources will be spared, as we will make sure that those threatening the safety of our women are brought to book and removed from society."
The Garden Route District Commissioner, Major General Phumzile Cetyana, who attended the sentencing proceedings, praised the intricate investigation into the murder.
He thanked the investigation officer, Sergeant Mphumezi Mlenze, and senior state advocate John Reyneveld for their diligence, saying that their teamwork has led to the successful prosecution of the conspirators.
He also thanked the members of the Western Cape Provincial Serious Crime Investigations Unit who collaborated with Kwanokuthula detectives to ensure a guilty verdict.
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Four guilty of murder | Knysna-Plett Herald
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