HUSBAND AND THREE HITMEN WERE SENTENCED TO LIFE IMPRISONMENT FOR MURDER OF THE WIFE AND HER BUSINESS PARTNER

HUSBAND AND THREE HITMEN WERE SENTENCED TO LIFE IMPRISONMENT FOR MURDER OF THE WIFE AND HER BUSINESS PARTNER

The Limpopo High court Polokwane- sentenced Stanley Thabo Leshabane( 58), Mbekelezi Ndodo Buthelezi(28), Emmanuel Thembelani Dlamini(33), and Bhekizenzo Sfiso Phiyose(36), to life imprisonment on two counts of murder and Ndodo was further sentenced to three years on two counts of possession of firearms and one year for possession of ammunitions.

On 10 October 2020 around Polokwane Industrial area, near Zune street the deceased persons, Chartered accountant Makoena Mabusela-Leshabane and her business partner, Tebogo Mphuti were shot and killed while seating inside a Mercedes-Benz by hitmen hired by the deceased Makoena’s husband, Stanley Leshabane. The two deceased were inspecting a certain property. The state led evidence of 22 witnesses in an attempt to prove its case. Evidence was led that on the 10th of October 2020, the two deceased met an estate agent at Zune Street in Polokwane. The estate agent testified that she met with the deceased and they were viewing a property that they wanted to rent for purposes of a business. After the deceased viewed the building, they went to their vehicle. She further testified that she saw three African males approaching the deceased’s vehicle. They were carrying things that looked like firearms and they started shooting at the two deceased who were sitting inside the motor vehicle. Another state witness, Dipenaar, testified that he heard gun shots near the property where he was working. After hearing the shots, he observed and saw the estate agent trying to reverse her car. He further saw three guys running towards the maroon car which was moving slowly. They entered inside the maroon vehicle and it sped off. The investigating officer W/O Kotze testified that they investigated the crime scene and found that the buildings nearby had CCTV cameras. After viewing the CCTV cameras, he requested an expert to download it and proceeded to investigate at the toll gates. The investigations established that the accused vehicle passed through the toll gates. He then applied for a section 205 of Act 51 of 1977 subpoena to obtain the registration number of the accused’s car.

Thereafter, they applied to various tracking companies to ascertain if the car has a tracking device. The police received a tracker report of the accused’s vehicle. It was discovered that the car was owned by Richard Zulu. Richard Zulu died whilst in custody before the commencement of the trial. Several police witnesses proceeded to the address where the car used to park on a daily basis. Further, they used GPS coordinates which led them to the arrests of Ndondo Buthelezi, Thembelani Dlamini and Sfiso Phiyose.

During the arrest of Zulu, Dlamini, Buthelezi and Phiyose, their cellphones were confiscated by the police. The witnesses testified that during the investigations, they established that the deceased vehicle was fitted with a tracker and they applied for the report.

The state led evidence of two experts from tracking companies. They testified that the vehicle of the accused followed that of the deceased from the hotel where the deceased slept until to the crime scene.

The state led evidence of cellphone expert and he testified that from Gauteng the cellphone of the Dlamini, Zulu and Phiyose moved parralel with the car that was spotted at the crime scene. The cellphone records of the accused activated the towers from Germiston on the 10 October 2020 and proceeded to activate various towers along the way to Polokwane. The accused and one deceased cellphone activated the same tower at the crime scene almost before they were killed. Thereafter, the accused’s cellphones activated the towers along the way to Germiston.

The state led evidence of Mamphoka who testified that Zulu called him on the 10 October 2020 during the day and confessed to him that he is from Polokwane to kill the wife of Leshabane. He further testified that Stanley Leshabane contracted him to kill his wife and kept on insisting to do so. The state led evidence during trial within a trial of the confession of Stanley Leshabane. The confession statement was admitted as evidence and on the confession Leshabane narrated the planning of the offence. Leshabane handed a photograph of the deceased, registration number and location of the deceased to the accused. He paid them a deposit of R5000 to kill his wife. The total amount agreed upon for the killing was R60 000

The cellphone expert testified about exchange of incoming and outgoing calls amongst the accused persons. The accused in their defence alleged that they did not know each other. The state further led evidence of ballistic expert, and during the evidence it was established that the firearm that was found in possession of accused Buthelezi is not the firearm that fired the cartridges recovered at the crime scene. The court accepted the evidence of the state witnesses and rejected the evidence of the accused. The court convicted all the accused on two murder charges of both deceased persons . The accused Ndondo Buthelezi was further convicted on the charges of possession of firearms and ammunition, Leshabane, Dlamini and Phiyose were acquitted on possession of firearms and ammunitions charges.

The Court Preparation Officer (CPO), Morongwe Moifo gave emotional support to the witnesses in court. Two Victim Impact Statement were facilitated and completed. Witnesses were brave to take the stand to tell the court about the impact of crime suffered as the results.

In aggravation of sentence, the stepson of Leshabane testified that himself and his siblings are surviving by getting counselling and the children are asking themselves why their mom was killed. Senior State advocate George Sekhukhune argued that the crime was carefully planned. The accused choose the location far away from Gauteng where the deceased were residing. They carefully planned the execution location so that they may not be easily traced. He further argued that the community of ga-Matlala suffered a great loss by not getting the library which was supposed to be build by Makoena. The deceased Makoena was providing jobs to the community by hiring people to work at her event company and also donated R300 monthly to an orphanage home to support children who were left behind by their parents. Furthermore, her minor children are surviving by receiving trauma counselling bi-weekly at their school. He further argued that gravity of the offences by far outweighs the personal circumstances of the accused persons. He concluded by saying that the court should not deviate from the prescribed minimum sentence.

The Judge Geriet Muller sentenced the accused persons to direct life imprisonment and declared them unfit to possess firearms.

The NPA welcomes the sentence and the Director of Public Prosecutions Advocate Ivy Thenga said that the punishment fits the crime and justice has been served. Adv. Thenga further commended the investigating team which was led by Captain Richard Boshomane and Adv. Sekhukhune.