Accidental confession leads to conviction in insurance pay-out murder

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An accidental confession played a crucial role in securing the conviction of a woman who, with the assistance of a neighbour, brutally murdered her uncle to benefit from the insurance policies she took out on his life.

The National Prosecuting Authority (NPA) this week disclosed how Nompelo Maloyi (37) and Yithulwazi “Lwazi” Kay (35) plotted and carried out the murder of sixty-six-year-old Mynhardt Maloyi.

Nompelo Maloyi was the beneficiary of several insurance policies she had taken out on Mynhardt Maloyi’s life, totalling R165 000. Nompelo was her uncle’s primary caregiver.

Nompelo orchestrated the killing of her uncle by soliciting Kay’s help, promising to pay him R20 000.

On the night of 25 November 2022, Nompelo left her child with another neighbour and, together with Kay, who armed himself with a knife, went to Mynhardt’s home in the same neighbourhood in Umasizakhe township, Graaff-Reinet.

They accosted Mynhardt, tied his hands and feet with his shoelaces, struck him on the head with a blunt object, and stabbed him multiple times in the neck. He succumbed to his injuries and died at the scene. His lifeless body was discovered the next morning after Nompelo asked for someone to check on Mynhardt under the guise of delivering groceries.

Following the murder, Nompelo submitted claims against the insurance policies.

But Nompelo and Kay had a falling-out after he did not receive the full R20 000 he had been promised. Kay began threatening Nompelo, who tried to enlist other individuals to eliminate Kay or lend her the balance of the money.

During her arrest, Nompelo confessed to a fellow female detainee, revealing critical details of the crime.

“This unexpected confession played a significant role in the police investigation, corroborating other pieces of evidence and helping to paint a comprehensive picture of the crime. This confession and other State witnesses assisted in building a strong case against the duo, who protested their innocence throughout their trial,” the NPA said.

State Advocate Sibusiso Mgenge said the duo’s lack of remorse and attempts to shift the blame were a clear indication of their culpability. Their steadfast refusal to accept responsibility and their blatant attempts to downplay their role in the crime underscored the need for punitive action, said Mgenge, who asked the court to sentence them to life in prison.

However, the High Court in Makhanda found there were compelling reasons to impose a lesser sentence. Maloyi and Kay were each sentenced to 26 years’ imprisonment.

The NPA said it intended to appeal against what it described as an inappropriately lenient sentence.

“This case demonstrates the importance of community co-operation and meticulous police work in bringing the perpetrators of such heinous crimes to justice. The conviction on its own reflects the seriousness with which the prosecution views premeditated murders of innocent people for selfish gain by those who want to score on insurance payouts, a phenomenon which seems to be on the rise in the country,” said the Eastern Cape Director of Public Prosecutions, Barry Madolo.

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