Jabulile Ntimba murder: Two accused were named as beneficiaries of policy

Bloodstains allegedly found beneath the seats of a silver BMW, an unrecovered murder weapon and an investigation into a funeral policy naming two women as beneficiaries form part of the State’s case against the pair in the murder case of Jabulile Ntimba.

Fortunate Masilela (31) and Tsakane Msithini (38) again appeared in the Boksburg Magistrates’ Court on October 19, where defence lawyer Samkele Kuzani continued questioning investigating officer Sergeant Prince Mbonambi as part of their bail applications.

The women are accused of the premeditated murder of Ntimba (33), whose body was discovered in a veld in Villa Liza, near Dawn Park, on September 17.

They also face charges of defeating or obstructing the course of justice.

Bloodstains found in BMW

During the initial bail proceedings on October 1, Mbonambi testified that he discovered bloodstains inside a silver BMW suspected of being used in the commission of the crime.

He told the court that he had asked Pat Makhubela, Masilela’s husband, what vehicle he had driven on September 16.

Makhubela reportedly said he had been driving his wife’s car.

Mbonambi testified that he accompanied Makhubela to his home, where he found the BMW in the garage and asked to inspect it.

“He opened the car and pressed its unlocking system, which opened all the doors and windows. I proceeded to inspect the car and found bloodstains on the gear lever,” Mbonambi testified.

“There were also bloodstains on the passenger seat, while underneath the seat there was a large amount of bloodstains compared to other areas. The carpet in the front of the car was also wet.”

According to Mbonambi, Makhubela confirmed that the marks were bloodstains but could not explain their origin.

The vehicle was subsequently taken to a SAPS storage facility in Alberton for further investigation.

During October 19 proceedings the court heard that the car had been taken to a carwash, but blood was allegedly still visible beneath the seats when investigators returned to Masilela’s home.

“There are three CCTV videos from surrounding houses showing the car being taken to the carwash,” Mbonambi said.

The defence questioned whether the blood had been scientifically linked to Ntimba or whether it could have come from an animal.

Mbonambi told the court that he was still waiting for results to determine the origin of the blood, adding the alleged murder weapon had not been found.

“After being shown where the weapon was thrown and after several searches, the weapon has not been recovered. According to the post-mortem results, two weapons were used and not one,” he said.

Funeral policy under investigation

The investigation also focused on a funeral policy under which the two accused were allegedly named as beneficiaries.

Mbonambi testified that investigators initially considered a possible love triangle because of the relationships involving Ntimba and Masilela’s husband.

However, the investigation later led them to examine the policy and the relationship details recorded on it.

According to Mbonambi, the deceased was the main policyholder, but investigators found that she had not paid for the policy.

He told the court that the policy described Masilela as Ntimba’s cousin and Msithini as her sister-in-law.

However, he said the deceased’s family disputed that the women had those relationships with her.

Mbonambi said the account had been frozen while the matter was under investigation.

“I have frozen this account; that is why the two accused have not gotten the money yet,” he told the court.

Defence challenges bail opposition

During cross-examination, Kuzani challenged the State’s concerns about releasing the accused on bail.

The defence argued that neither woman had previous convictions and questioned whether there was sufficient evidence to suggest they would abscond, commit further offences or interfere with witnesses.

Kuzani also questioned whether there was formal evidence of a community petition or protest opposing their release.

Mbonambi, however, argued that public concern and comments on social media were relevant to the State’s opposition to bail.

“Social media and the news have become a part of our lives. Some of the comments from community members from Villa Liza and Dawn Park,” he said.

“Even on the day of the incident, people were interviewed and said they are scared for their lives. The community is scared of the applicants, even though their faces are unknown on social media.”

He added that releasing the women could disturb public peace, referring to Ntimba as the ninth body discovered in Ekurhuleni.

Chats and traditional healer questioned

The State also relied on messages recovered from the accused women’s phones as part of its case.

Mbonambi testified that some chats had been deleted from both phones, but that corresponding messages remained on the other person’s device.

He alleged that the exchanges supported the State’s theory of a conspiracy to murder Ntimba.

“One of the chats reveals one of the accused telling the other one, ‘masimlinde aqale adakwe’ (let’s wait for her to get drunk first),” he said.

The defence also questioned the significance of the women’s visit to a traditional healer after their arrests.

Mbonambi had previously testified that the healer identified the two women as clients who allegedly sought herbs to remove bad luck and cleanse them.

He also said they had allegedly asked for help with the release of Masilela’s husband, who had been arrested in connection with the murder.

Kuzani challenged the suggestion that seeking a cleansing ritual should be viewed as incriminating.

“But is there anything wrong with cleansing yourself?” he asked.

Alleged assault disputed

The defence further challenged the circumstances surrounding Masilela’s alleged confession and Msithini’s alleged admission.

The defence raised allegations that Masilela had been assaulted in police custody, including claims that a plastic bag had been placed over her head, that she had been slapped twice and that her handcuffs had been tightened.

Msithini was also allegedly threatened.

Mbonambi said he was unaware of the alleged assault and was not personally involved in the alleged conduct.

He testified that Masilela appeared before an independent officer who was not appointed by him or involved in the investigation, allowing her to report any alleged assault.

Mbonambi also said Masilela was transferred to another police station because Dawn Park police station only had holding cells.

He testified that she was received by another officer without injuries and that none were reported during the identity parade.

The court heard that medical examinations showed Masilela had no injuries and she was taken to a medical practitioner.

The defence’s questions formed part of its challenge to the circumstances in which the alleged confession was obtained.

The bail proceedings concern whether the accused should remain in custody while the case continues. The allegations against both women have yet to be determined at trial.

The matter returns to the Boksburg Magistrates’ Court on October 23 for the final bail application.

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