WIFE FUNEKILE’S MURDER: PASTOR MASIMULA ESCAPES DEATH SENTENCE, JAILED 60 YEARS

MBABANE – “This is one case that warrants a death sentence.”

Judge Ticheme Dlamini yesterday made this statement when sentencing Pastor Themba Masimula to 60 years imprisonment.  Masimula (48), who is a former teacher, killed his wife, Funekile Mdluli, by stabbing her in the neck and burnt her body in the car they were travelling in from a half-night prayer service that was held in Ezulwini on October 8, 2016.  Her body was completely burnt and the charred remains were found in the car. The court found Masimula guilty of the murder of Mdluli, on March 28, 2024.  When passing the sentence, Judge Dlamini said throughout the trial, Masimula did not show any remorse.

Evidence

On the evidence, the judge found that there were no extenuating circumstances (factors that reduce blameworthiness) present. “The murder was premeditated and unprovoked. Only the accused person appreciates, and knows why, he killed his now late wife. His version is that she died from a car accident that resulted in a blaze of fire, which extensively burnt her body.
“Evidence proved, however, that she died from a stab wound and cut injury to the neck. The evidence also proved that the vehicle was not involved in an accident and that the fire was caused by open flame that was caused intentionally,” said Judge Dlamini.

The crime of murder, according to the court, is considered by society as the most serious offence. Judge Dlamini said it was for this reason that in terms of Section 296 (1) of the Criminal Procedure and Evidence Act, 1938, the sentence of death by hanging was to be passed by this court upon an offender convicted before it of murder. “There is no doubt in my mind that this is one case that warrants the death sentence,” said the judge. He said he would, however, be guided by a 2012 judgment of the Supreme Court, where it stated that ‘the normal rule is that the offence of murder shall be punished with the sentence of life imprisonment’.  It was also stated in the judgment that the court could depart from that rule and impose a sentence of death if there were special reasons for doing so.

Judge Dlamini stated that he took into consideration the escalating instances of killing of women by their love partners; the ineffectiveness of the increased imprisonment periods meted by this court in order to deter would-be offenders; and the reality that the expected deterrence effect has not been achieved. The judge said in the case of Mazwi Mesuli Mbatha and Another v Rex, the Supreme Court stated that: “The mood of society... and the message is loud, clear and unequivocal, that this heinous crime must be visited with appropriately stiff sentences as a deterrent.”

The judge said the Supreme Court also stated that; “While it is so that a particular offender cannot be sacrificed at the altar of deterrence for other would-be offenders, the interests of the community must be satisfied that offenders of serious crimes such as these be punished accordingly.” In the case of Muzi Petros Khumalo v Rex, whose sentence of 23 years was revised to life imprisonment of 40 years by the Supreme Court when he filed an appeal, the latter court stated that: “Despite lengthy sentences and the promulgation of the Sexual Offences and Domestic Violence Act, gender-based violence remains a scourge in our nation as well.

“This court, therefore, must impose an increased longer sentence than the ones already imposed, so that the sentence should manifestly deter would-be offenders.” However, Judge Dlamini said he was alive to the fact that the Crown sought an imprisonment term of 40 years in Masimula’s case. The judge said sentencing was a matter primarily within the discretion of the trial court.  “Having considered the triad, I come to the finding that the accused be sentenced to life imprisonment of 60 years,” said Judge Dlamini. The sentence was backdated to October 8, 2016, which was the day of his arrest. Judge Dlamini said it was common cause that Masimula’s liberty was taken away on the day of the death of his wife.

Masimula was later granted bail by former Judge Sipho Nkosi, who is now a practising attorney. One of his bail conditions was that he was to be kept under house arrest. Judge Dlamini said Pastor Masimula never enjoyed the benefits of being admitted to bail as he could not even go to church or any other place he would have wished to visit.  “He was confined to house arrest at the homestead of the relative who undertook to look after him. I, therefore, consider the house arrest to be as good as a formal detention. 

Accordingly, I hold that his arrest and detention commenced on the day when his liberty was taken away from him by the State police on October 8, 2016. His sentence, therefore, is backdated to October 8, 2016,” said the judge. After being sentenced, Masimula applied for the release of his iPhone cellphone and clothes, which were seized by the police and used as exhibits during the trial, to him. The Crown did not oppose the application. Principal Crown Counsel Futhi Gamedze told the court that they had determined that the items indeed belonged to Masimula. Judge Dlamini granted the order for the release of Masimula’s items.  In this matter, Masimula was represented by Noncedo Ndlangamandla of Mabila Attorneys. The Crown was represented by Acting Director of Public Prosecutions Lomvula Hlophe.

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