Three life terms each for funeral cover insurance fraud murders

A Durban woman and her accomplice who plotted the deaths of two of her relatives and a family friend have been handed three life sentences.

Nonhlanhla Mbele, 42, and Mthofi Cyril Msipha, 53, were sentenced by Durban high court acting judge Kevin Gounden on Thursday.

Gounden had convicted the pair earlier this month. He found the pair were responsible for the murders of Mbele’s sister Susan Xolo, brother-in-law Thulani Cele and someone she knew from church Thamsanqa Mthembu. Mbele was also found guilty of conspiring to kill her helper Nonkuleko Hadebe and family friends Nosipho Mdlalose and Sthembile Hadebe. 

The National Prosecuting Authority said before the murders, Mbele devised a plan to enrich herself through fraudulent claims from funeral policies.

Between June 2019 and September 2020, she obtained funeral cover plans through Capitec Bank/Centriq Life Insurance Company, insuring several members of her immediate family as well as people known to her.

Mbele made herself the policyholder and the beneficiary of the policies. According to the policies, Capitec undertook to pay out double the cover amount if the assured person died in an accident or from unnatural causes.

After their murders, Mbele lodged a claim with the insurer and was paid out.

Gounden said Msipha had played an active role in the death of Mthembu and Cele where he arranged the hitmen. He bemoaned how Msipha had also tried escaping from custody.

“In my view Msipha played no less a role than his co-accused,” said Gounden.

They also received 15 years for conspiracy to commit murder, while Mbele was also sentenced to 15 years for fraud. Gounden said there was nothing that would jeopardise  the upbringing of Mbele’s two minor children. Mbele has four children, two of whom are minors and are in the custody of their father.

They will each serve an effective sentence of one life term.

The judge did no deviate from the prescribed minimum sentence of life for murder despite Mbele having spent four-and-a-half years in prison after her arrest.

The judge said though the delays were brought about by the outbreak of the Covid-19 pandemic, Mbele had also caused delays by changing legal representatives.

“The four years spent does not deviate from the prescribed life imprisonment,” said Gounden.

He rejected allegations of abuse made by the accused against police officials.

“In my view I still think it’s unbelievable. Mbele just refuses to take responsibility for her actions. This shows lack of remorse. She should have been sincere and taken the court into her confidence,” said Gounden.

He hoped the sentence would prevent like-minded individuals from committing the same offences.

“The offence is heinous and the accused showed disregard for the public The sentence should send a clear message that such behaviour will not be tolerated and I am persuaded there are no compelling and substantial circumstances for deviation from the minimum sentence,” said Gounden.

Victor Mthembu, 62, Thamsanqa Mthembu’s father, said he had mixed reactions to the sentences.

“I would have wanted the sentences not to run concurrently because, who knows, maybe they will get parole.”

TimesLIVE

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