Lengthy Sentence For Men Who killed An Elderly Woman Accused Of Witchcraft

The High Court of South Africa, Eastern Cape Division, sitting in Sterkspruit sentenced four men convicted of killing a 92-year-old woman, they accused ofpractising witchcraft to effective 17-year imprisonment. Mzubongile Manundu (36), Sithembiso Yalwa (52), Siyabulela Manundu (34) and Mlungisi Manundu (40),were sentenced to 20 years for murder,and two years on a charge of imputing witchcraft.  The court ordered the sentences to run consecutively but suspended five years from the 20-year sentence.  Their co-accused, Nkosiyoxolo Velemani (41), was only convicted on charges of imputing witchcraft, and assault, with intent to cause grievous bodily harm, for which he was sentenced to two years and five years, respectively.  The court suspended two years from the sentence, effectively sending him to five years imprisonment.

On 14 March 2020, there was a funeral at Majuba village of Samkelo Manundu, who was stabbed to death in Cape Town.  After the funeral,  On the following day, following a traditional cleansing ceremony, the men went to the home of the deceased, Nosayinethe Manundu, and demanded that she produce Samkelo,whom they believed was still alive and kept by the deceased in a trunk at her home.  They stripped the elderly woman naked, assaulted and pushed her into her rondavel and closed the door, set the house on fire from outside. 

A few minutes later, as flames engulfed the hut, the old lady managed to escape and ran, but the men caught up with her.  As the inferno was raging, they could not put her back into the rondavel, so they put her in a big drum full of water, headfirst and drowned her.  Some community members cheered the killers on, and never bothered to intervene to save the victim.  All the convicted men were related to the deceased, and Yalwa was her neighbour. Some episodes of the attack were caught on a cellphone camera, and the men were arrested a few days later and the state successfully opposed their release on bail.

During the trial, they pleaded not guilty and limited their roles to what was in the video, which was admitted as evidence during the trial.  The video was shared extensively on social media and was also aired in a popular television current affairs program. In addition to the video, State Adv. Luvuyo Pomolo led the evidence of a man and woman who also took part in the assault of the deceased. They became state witnesses, according to section 204 of the Criminal Procedure Act.

Even though the prosecutor argued for the imposition of a life sentence, Judge Mbulelo Jolwana, found that the men could be rehabilitated as they were first offenders, who were model citizens until the commission of the offence.  The judge also regarded that the men’s subjective belief in witchcraft, as a mitigating factor compelling a deviation from the prescribed minimum sentence of life imprisonment.

Commending the prosecutor and Investigating Officer Colonel Nobesutu Dinga, for securing the conviction, Eastern Cape Director of Public Prosecutions, Barry Madolo, expressed his belief that the lengthy jail terms, will serve as a deterrent to other communities from harming elderly people they accuse of witchcraft, something that is very rife in the rural Eastern Cape.

Issued by:

Luxolo Tyali

NPA Regional Spokesperson

Eastern Cape Division

Tel: 0475012630

Cell: 0735559292

Email: ltyali@npa.gov.za