Durban — The Pietermaritzburg High Court, on Thursday, convicted a social worker for the murders of his six relatives.
In February 2021 elderly couple Octavia 65, and Christopher Khumalo, 77, their daughter 37-year-old Mbali Khumalo and her son Thabo Khumalo,10, as well as their relatives 17-year-old Nothile Sphelele Khumalo and 8-year-old Elihle Sigampu were shot and killed allegedly by Christopher’s nephew Sthembile Nkosinathi Mthimkhulu in their eShowe home.
Elihle’s sister Nosipho who was nine at the time heard her entire family being wiped out while hiding in another room.
“Nosipho was an extremely credible witness despite being young, this manifested in her spontaneous responses in intense cross-examination, she was never unsure or evasive.
“This also has to be viewed against the fact that she was young and testifying about a traumatic incident. However, her responses to the sketch plan of the scene allowed her intelligence and honesty to shine through. She spontaneously explained and described exactly where each person stood and where they moved to as she watched the unfolding scene. This was a 12-year-old girl who testified with no sophistication to anticipate the cross-examination and to tailor the answers,” said Judge Kate Pillay in her judgment.
Evidence led by the little girl during the trial was that on that night she was on her way to sleep but before she reached the children’s bedroom the door was kicked in and she heard Mbali ask what they had done.
Nosipho hid behind the curtain in the children’s room where the light did not work and there was a door therefore she had a clear view of the passage.
She told the court that she heard each family member asked by Mthimkhulu repeatedly about the death of Uncle Bheki, who is his father in fact he wanted to know if Christopher had killed Bheki.
After each person was questioned the little girl said she heard shots being fired.
Nosipho’s evidence was that before this Mthimkhulu had lined everyone up in the passage instructing them to go into the children’s room but decided against it once he saw that the light in the room did not work.
She had said that Mthimkhulu then instructed them to go into Octavia’s room.
“She said the accused wore a mask when he entered the house adding that she saw him clearly while behind the curtain as he stood in the passage under a light taking off his mask,” said Pillay.
She rejected Mthimkhulu’s version which was that he had been drinking with a friend who lives close to the Khumalo residence explaining that he fabricated it to align his story with his car tracker report which placed his car parked 103 metres from the home for nine minutes.
“The accused simply denied killing the deceased, the court is not impressed with his version.”
During the trial, Mthimkhulu’s friend Vukani Sibiya testified in the defence’s case that he had been drinking with the accused near the Khumalo home from 22.40 until 23.00.
“The late appearance of this witness points to the that the accused contrived the witness to explain why his car was in the vicinity of the Khumalo home at the time,” said Pillay.
Mthimkhulu will be sentenced on Friday.
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