Funeral policy investigation remains a focus as Ntimba murder bail hearing concludes

The bail applications of Fortunate Masilela (31) and Tsakane Nester Msithini (38), who are accused of the premeditated murder of Jabulile Ntimba (33), will be decided on November 10.

This follows the conclusion of the defence’s cross-examination of the investigating officer at the Boksburg Magistrates’ Court on October 23.

Dawn Park SAPS investigating officer Sergeant Prince Mbonambi faced further questioning from defence lawyer Samkele Kuzani, who represents both accused.

The questioning focused on the State’s opposition to bail and outstanding investigations into funeral and life insurance policies.

Masilela and Msithini are accused of murdering Ntimba, 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.

Insurance policies under scrutiny

One of the key issues during the proceedings was the investigation into five insurance policies linked to the deceased.

Mbonambi previously testified that both accused and Pat Makhubela, Masilela’s husband, were named as beneficiaries on three of the policies, while Ntimba’s four children were reportedly not listed as beneficiaries.

Under questioning, Mbonambi said investigators were still awaiting information from the relevant institutions to establish details about the policies and the accounts associated with them.

He indicated that the exclusion of the children raised concerns for investigators but acknowledged that the investigation was ongoing and that some information had not yet been confirmed.

The defence questioned whether investigators had evidence linking the accused to taking out policies on Ntimba’s life or making payments towards them.

Mbonambi maintained that further information was still required from the relevant financial institutions.

The court also heard questions about the deceased’s bank accounts and allegations that account details supplied to investigators did not correspond with accounts held in her name.

The investigating officer said requests for confirmation had been made and that investigators were still awaiting responses.

“According to the South African Banking Risk Information Centre (SABRIC), the deceased did not have bank accounts with Absa and Capitec. However, Momentum and Outsurance were supposed to pay out to these banks,” Mbonambi said.

Cellphone data and outstanding evidence

Cellphone data analysis was another point of contention during cross-examination.

Mbonambi confirmed that cellphone tower information placed the two accused in the same general area of Vosloorus on September 16 and later in Villa Liza at about 22:00, according to the State’s investigation.

The defence questioned the significance of the data, with Kuzani putting it to the investigating officer that cellphone tower information could support different interpretations.

The court also heard questions about the timing of the deceased’s last cellphone activity and whether the available information conclusively established the accused’s movements.

Mbonambi’s testimony formed part of the State’s case for opposing bail while investigations continued.

State raises concerns over possible interference

The defence further challenged the state’s concerns that releasing the accused could compromise the investigation, particularly regarding evidence still being gathered for an inquest.

Questions were raised about whether Msithini would have access to evidence relevant to the inquest into her husband’s death and whether there was sufficient information to suggest that she could interfere with the process.

The defence also questioned the State’s reliance on Masilela’s alleged confession and Msithini’s alleged admission, arguing that these allegations should not automatically disqualify them from being considered for bail.

Mbonambi maintained that the alleged confession and admission formed part of several reasons for opposing bail, rather than serving as the sole basis for the State’s position.

“It is a Schedule 6 offence,” Mbonambi said.

“Applicant one has allegedly shown no remorse in this matter. She poses a danger to her husband, as she informed the police that it should have been him and that, if she ever caught him cheating again, he would be next.

“Applicant one has not been truthful, not only to the police but to the court as well.

“Accused two made admissions before the confession was made and implicates accused one in her admission.

“Accused two’s clothes with blood stains were found at home.”

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