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Following a protracted court battle, the Mthimkhulu family is relieved after a man who killed their daughter was sentenced in the Cape Town High Court recently.
Siyabonga Mbotyi, who was arrested in connection with the murder of his former girlfriend Nandipha Mthimkhulu (21) in October 2019, was sentenced to life imprisonment and five years behind bars after being found guilty of the charge.
The sentences will run concurrently.
According to reports, the deceased visited Mbotyi with her month-old baby at Solly’s Town informal settlement when the incident occurred.
It is believed he strangled her to death with an electrical cable. Mthimkhulu’s body was discovered by neighbours in the morning from Mbotyi’s shack. It was covered with a small blanket from the upper body downwards. Her forehead skin, an ear and private parts were removed.
Mbotyi was arrested two days later. However, the case was marred by delays until sentencing on Monday 25 March.
Provincial police spokesperson Anelisiwe Manyana said the Acting Provincial Commissioner of the Western Cape police, Maj-Gen Preston Voskuil, praised Lwandle detectives for their unwavering commitment and dedication. “The initial investigating officer assigned to the case arrested Siyabonga Mbotyi (31) on Sunday 27 October 2019 on a charge of murder,” she said.
Manyana said as the investigation unfolded Detective W/O Marius Erasmus and Detective Sgt Wynand Carelse were assigned to the case and led evidence in court.
“The investigating team stood their ground in the honourable court, calmly stating the facts. As a result of the thorough investigation, the accused was found guilty of premeditated murder and mutilation of the corps.”
She stated he was sentenced to life in prison.
Regarding why the case had taken so long to be finalised, Detective Sgt Carelse cited court proceedings and the suspect’s playing hide and seek.
“We collected all the evidence and we had some witnesses willing to speak. But we had to wait for the DNA results from the doctor about some body parts of the deceased that had been mutilated, and which had been taken away and had taken some time. Initially, the case was at Strand Magistrates’ Court, but after a year it was transferred to the Cape High Court.”
Carelse said the reason the case had been prolonged at the Cape High Court was that there was no magistrate to preside over it.
He also accused Mbotyi of playing mind games.
“Besides the long wait for a magistrate to take on the case, the suspect was playing us. Sometimes he would say he would confess, but later he’d change his tune, which he did several times. We had compiled all the evidence, but there was no magistrate for the case until we got him early this year.”
Commenting on the sentencing, Mthimkhulu’s sister Nozuko Mthimkhulu said the murder still haunted her. She described the day as the worst of her life.
“Nandipha was visiting her boyfriend with her 1-month-old baby when the incident occurred. When the judge asked the culprit in court why he killed her he said because she didn’t cook that evening. He strangled her with an electric cable and after that, he removed the skin on her forehead, an ear and her private parts.”
Mthimkhulu sobbed as she described the horrific incident.
“Some of the neighbours who were witnesses in court, all women, said they had heard the commotion in their shack, but were scared to go out and check. They said when they went to the shack in the morning to find out what happened the previous night, they found the door open and Nandipha’s body lying at the door covered by a small blanket, from upper body downwards.” She said she and the rest of the deceased’s family were informed of the incident by some of Mbotyi’s neighbours.
Mthimkhulu said when they arrived at the scene her younger sister was fully dressed but her jeans and underwear were hanging from the thighs and the zip was open and her private parts were missing.
“She had some scratch marks on the neck. Mbotyi ran after he killed her because when the sun came up he was nowhere to be found. He was arrested the following day in his shack, still wearing the same clothes because he had blood stains on them.
“Fortunately when he came back he was seen by some of his neighbours who were sitting around. They said he was carrying a small plastic bag with something inside. They said before he got into his shack he threw the plastic on top of it.”
She said the community called the officers, who swiftly arrived and arrested Mbotyi.
According to Mthimkhulu, community members asked him about the plastic he had thrown on top of the shack, which he denied doing.
“One of the guys who saw him do it climbed up and retrieved it. When the officers opened it they found Nandipha’s body parts,” Fighting tears back, she said to date nobody had established what Mbotyi had intended with the body parts.
Mthimkhulu expressed her gratitude to Mbotyi’s family for their support at this very hard time.
“His family was so supportive. They assisted us during Nandipha’s funeral. Even when we were going to court sometimes we used to go together. They never betrayed us.”
