Byline: Refeloe Letsoisa
11 March 2024
The Mpumalanga Division of the High Court has convicted and sentenced Velly Teddy “Simbarara” Thwala (40) to life imprisonment for the premeditated murder of his girlfriend Nontobeko Nosipho Msithini (19), of extension 11 in Barberton, in the district of Mjindini.
The court declared the accused unfit to possess a firearm in terms of the Firearms Control Act of 2000.
On the evening of 18 February 2023, Thwala was with the deceased in his house at New Village, in Barberton.
He fell asleep, and when he woke up, he realised that the deceased was no longer in his house.
He was then informed that the deceased was seen at a certain tavern with her ex-boyfriend.
He got angry, armed himself with a knobkerie and went to look for her.
On his way to the tavern, the accused came across the deceased, and upon realising that the accused was armed, she ran away.
The accused chased and assaulted her with a knobkerie all over her body while dragging her in the direction of his house.
He continued assaulting her until they reached home.
When he noticed that the deceased was no longer breathing, he stuffed her lifeless body in a black bag.
The incident came to light after Thwala was seen pushing a trolley with blood dripping from the bag.
Community members forced him to open the bag and found the body of Msithini.
The matter was reported to the police, and the accused was arrested and has been in custody since February 2023.
In court, the accused terminated the services of his legal representative and elected to conduct his defence.
He denied the allegations levelled against him and pleaded not guilty.
State Prosecutor Antionette Nkosi led the testimonies of several witnesses.
The other witness told the court that he peeped through the window and saw Thwala assaulting the deceased until she became unconscious.
Other witnesses testified that they saw the accused pushing the trolley with the deceased body to the dumping site.
The arresting officer also testified about what he observed when arresting the accused.
The confession Thwala made upon his arrest was also admitted in court.
Arguing for a suitable sentence, Nkosi addressed the court about the seriousness of the offence the accused was convicted of and the prevalence of femicide cases in the country.
Nkosi said the accused showed no signs of remorse for his actions and was therefore not a candidate for rehabilitation.
In sentencing the accused, Judge Roloefse remarked that the deceased died the most painful death in the hands of his lover, who was supposed to love her.
He said Thwala had no regard for the deceased’s life after he violently assaulted her and even extinguished his cigarette on the deceased’s lips before she died.
He therefore found no exceptional circumstances justifying deviation from the prescribed minimum sentence of life, he sentenced the accused accordingly.
The Director of Public Prosecutions in Mpumalanga, Sonja Ntuli, lauded the prosecutor and the investigating officer for the speedy finalisation of the matter and for delivering justice to the deceased’s family.
He urges society to unite in the fight against the scourge of gender-based violence and femicide.