"Femicide and gender-based violence remain a scourge that continues to ravage our country to its core," declared Western Cape High Court's Judge D Lekhuleni while sentencing three perpetrators to life imprisonment for orchestrating the murder of a 19-year-old rape witness.
The victim was brutally murdered on 28 June 2017, merely a day before she was scheduled to testify against Mmeli Kheswa in a rape trial. The court heard how an intricate conspiracy was conceived within Pollsmoor Correctional Facility, where Kheswa and Mlungisi Ntsalaz plotted to silence the complainant to evade accountability. The murder was arranged for R10,000, ultimately leading to the tragic death of an innocent victim.
Judge Lekhuleni remarked on the irreparable harm caused not only to the victim but also to the societal fabric, highlighting that the deceased was due to assert her rights against the accused just hours before her life was violently extinguished. "Society's interest demands that individuals who commit such heinous acts must be held accountable. The deliberate planning of this murder evokes a profound sense of disgust and condemnation," noted the judge.
Accused 1, Cebisa Chuma Bhala, and Kheswa were husband and wife, married by customary law. In October 2016, Kheswa was charged with rape against the now-deceased 19-year-old woman. Following the alleged rape, he was assaulted by the victim's family in Du Noon, where they stripped him and posted photos on Facebook. Police later rescued him and took him to Groote Schuur Hospital.
While detained in Pollsmoor Correctional Facility, Kheswa met Ntsalaz, who was also facing rape charges. Ntsalaz offered to arrange the killing of the complainant to have the charges withdrawn. Kheswa agreed and contacted his wife about the plan.
After his release, Ntsalaz met with Bhala on 27 June 2017, requesting R10,000 for the murder. When Bhala indicated she couldn't afford the full amount, they sought funding from other family members.
On 28 June 2017, the evening before Kheswa's rape trial, Ntsalaz informed Bhala that he had killed the complainant. The following day, Bhala withdrew R5,000 from Shoprite and paid Ntsalaz, promising the remaining amount at month-end.
Police investigations revealed incriminating WhatsApp communications between the perpetrators. Messages showed Ntsalaz reassuring Bhala about leaving no witnesses, and included a photograph of the deceased marked "RIP Chommie". The communications also revealed an intimate relationship between Ntsalaz and Bhala, with Ntsalaz claiming he accepted the lower-than-usual payment because of his feelings for her.
Following their arrests, both Bhala and Kheswa made confessions that were admitted as evidence. Judge Lekhuleni emphasised the gravity of the crime: "The facts of this matter are so deeply unsettling to describe. The life of a vibrant young woman was brutally and abruptly ended for a mere R10,000 pursuant to a tripartite conspiracy."
The judge concluded that the seriousness of the crime necessitated a strong message to deter potential offenders and demonstrate that such acts will not go unpunished.
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