Kluyts was 14 weeks pregnant at the time. Her body was discovered off the running track in a secluded area.
Bafana Mahungela returns in the Palm Ridge Magistrate’s Court. (Photo by Gallo Images/OJ Koloti)
The High Court in Johannesburg has found Bafana Mahungela, 23, guilty on all charges related to the murder of Kirsten Kluyts.
On Friday, Mahungela returned to the court, where Judge Ian Cox delivered the judgment.
Mahungela was charged with the kidnapping, robbery with aggravating circumstances, murder and attempted rape of Sandton teacher Kluyts on 29 October 2023.
Mahungela pleaded not guilty to all charges.
Kluyts was 14 weeks pregnant at the time. Her body was discovered off the running track in a secluded area.
The state’s case is that Kluyts went jogging on the day in an event held at George Lee Park, Sandton. At about 8am, she was captured on video starting her third round on the running track, wearing a blue T-shirt, black ski pants, running shoes, sunglasses and a cap.
She had her cell phone, earphones and a watch with her. A minutes later, her cell phone was found lying close to the running track, and shortly thereafter, her naked dead body was found in a ditch next to a wall.
Later, the postmortem report revealed that the cause of death was blunt force head trauma, strangulation, and that smothering or pressure to the neck could not be excluded.
Video footage
Video footage showed Mahungela entering the Park around 8:06am. He was wearing a black T-shirt. However, at about 8:49am, he was captured on video walking whilst wearing a blue T-shirt of the deceased with certain items rolled up in his hands.
At about 8:52am, the Mahungela was seen scaling a closed gate that led outside the Park. He was wearing a blue T-shirt, and he threw items over the gate. Video footage again showed him wearing a light blue T-shirt and sunglasses, still carrying the items.
Further video footage shows the person in the blue T-shirt disposing of a cap and other clothing items into a drain. He even went back to see if the items were visible from the road. The cap was later retrieved from the drain.
Mahungela admitted to stealing Kluyts’ clothes, saying he removed them so he would not be implicated.
He also conceded that he wore her blue shirt and later disposed of it, along with her cap, pants and running shoes, down a drain.
Mahungela judgment
On the charge of kidnapping, the state argued that Kluyts was kidnapped and deprived of her freedom of movement when she was forced to enter a bush against her will.
“The only obvious conclusion is that she was taken by the same person who perpetrated the other offences against her,” said Judge Cox.
On the charge of murder, the judge said the evidence established beyond doubt that Kluyts died a “gruesome” and “violent” death as a result of a sustained assault.
“[The doctor’s] evidence was uncontested and clearly demonstrated that the injuries caused the deceased’s death. The court is therefore satisfied that the deceased was unlawfully and intentionally killed and accordingly finds that she was murdered,” said Judge Cox.
On the charge of robbery with aggravating circumstances, Judge Cox said: “In the absence of any evidence to the contrary, the court is satisfied that the deceased was deprived of her possessions during or immediately after the brutal assault perpetrated upon her.
“Having regard to the totality of the evidence, the only reasonable inference is that her property was taken in the course of the attack or immediately thereafter.”
Attempted rape
On the charge of attempted rape, the court was required to determine whether the state proved beyond a reasonable doubt that an attempt to commit rape actually occurred.
“There is no evidence before the court that the crime of rape was complete,” said Judge Cox.
“Upon consideration of the totality of the evidence and the prevailing circumstances, I am, however, satisfied that the only reasonable inference to be drawn from the proven facts is that the perpetrator and/or accused intended to rape the deceased.
“The court is nevertheless satisfied that the conduct of the perpetrator went beyond mere preparation and constituted a direct attempt to commit the offence of rape.”
On the charge of defeating the ends of justice, Judge Cox said: “The deliberate removal and concealment of these items demonstrate a conscious effort to prevent their discovery and to distance them from the crime scene.
“The only reasonable inference is that the items were removed and hidden in order to eliminate evidence capable of linking the perpetrator or the accused to the offences committed against the deceased. The facts speak for themselves and constitute a classic example of defeating or obstructing the course of justice.
“I am therefore incredibly satisfied that the state indeed succeeded in proving the guilt of the accused beyond all reasonable doubt on all of the accounts that he was charged with.”
The case was postponed to 27 October 2026 for sentencing proceedings.
