NURSE AND GARDENER SENTENCED TO LIFE IMPRISONMENT FOR MURDER IN R6 MILLION INSURANCE FRAUD PLOT

The National Prosecuting Authority (NPA) welcomes the sentencing of former nurse, Hapiness Sithembile Xulu (49), and her former gardener, Simon Isaac Mogale (40), by the Gauteng Division of the High Court in Johannesburg for the murder of Busisiwe Nxumalo, Xulu's stepdaughter and domestic worker.

The court sentenced both accused to life imprisonment for murder. Xulu was further sentenced to seven years' imprisonment on each of four counts of fraud after pleading guilty to unlawfully taking out life and funeral insurance policies in the deceased's name while falsely impersonating her.

Evidence before the court revealed that after Nxumalo relocated from KwaZulu-Natal to Johannesburg in September 2021 to live and work for Xulu, the accused opened a bank account in the deceased's name and fraudulently obtained four life and funeral insurance policies worth approximately R6 million, nominating herself as the sole beneficiary. The court heard that on 17 January 2022, only four months after the policies had been taken out, Nxumalo was murdered.

When insurance companies became suspicious due to the unnatural nature of Nxumalo's death and the short period between the policies being issued and the claim being lodged, they initiated investigations and confronted Xulu. She subsequently admitted to fraudulently obtaining the policies, and the matter was referred to the police.

Further investigations by Warrant Officer Phatutshedza Ngengenene, who was already investigating Nxumalo's murder, uncovered the full extent of the insurance fraud scheme.

Mogale, who had a relationship with Xulu as her former gardener and tenant, was convicted based on a confession that was admitted into evidence by the court. In the confession, he stated that Xulu transported him to a veld near Daxina Hospital where the deceased was lying unconscious, handed him a knife, instructed him to kill Nxumalo, and promised him R60 000 for carrying out the murder.

In aggravation of sentence, Senior State Advocate Leswikane Mashabela argued that Xulu, as a nurse entrusted with caring for and protecting others, had instead orchestrated a cold-blooded murder motivated by financial gain.

Judge Mohamed Ismail agreed with the state's submissions, describing Xulu as the mastermind behind the scheme. The court found that a young woman was brutally murdered so that the accused could enrich themselves, with Mogale participating in the killing after being promised payment. The court held that both accused acted in concert to murder the deceased for financial benefit.

The NPA welcomes the sentences, which demonstrate the criminal justice system's commitment to ensuring accountability for those who commit violent crimes motivated by greed and financial gain. The outcome also sends a strong message that those who exploit positions of trust and engage in premeditated crimes for personal enrichment will face the full might of the law.

Issued by:

Magaboke Mohlatlole

NPA Communications Officer – Gauteng Division, Johannesburg