Lenasia nurse and gardener convicted of murder in chilling R6m insurance scam
· Citizen
A 47-year-old Lenasia nurse and her 38-year-old former gardener have been convicted of murdering a domestic worker in a chilling R6 million insurance scam.
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Happiness Sithembile Xulu and Simon Isaac Mogale appeared in the Gauteng High Court in Johannesburg on Thursday, where they were found guilty of the murder of domestic worker Busisiwe Nxumalo, Xulu’s stepdaughter.
Xulu was also convicted on four counts of fraud after pleading guilty to unlawfully taking out life and funeral insurance policies in Nxumalo’s name while falsely impersonating her.
Fraud scheme
The pair plotted to cash in on fraudulent life insurance policies, turning greed into a deadly crime.
During the proceedings, the court found that shortly after Nxumalo relocated from KwaZulu-Natal (KZN) to live with Xulu in Johannesburg in September 2021, she fraudulently obtained multiple life and funeral insurance policies from various insurers with a combined value of approximately R6 million.
National Prosecuting Authority (NPA) spokesperson Magaboke Mohlatlole said Xulu nominated herself as the sole beneficiary on all the policies.
Evidence
Mohlatlole said evidence before the court revealed that just four months later, on 17 January 2022, Nxumalo was murdered.
“The court heard that Xulu and Mogale had a longstanding relationship, as Mogale had previously worked as Xulu’s gardener and resided in one of her shacks in exchange for performing gardening duties.
“Mogale was convicted on the strength of a confession that the court admitted after rejecting his claim that it had been obtained under duress,” Mohlatlole said.
Murder
In the confession, Mogale stated that Xulu transported him to a veld near Daxina Hospital, where Xulu handed him a knife and convinced him to kill Nxumalo in exchange for R60 000.
Mohlatlole said the court found that Mogale acted on Xulu’s instructions and caused the death of the deceased.
“His confession was supported by corroborating circumstantial evidence, which the court found proved his guilt beyond a reasonable doubt,” Mohlatlole stated.
Premeditation
Although there was no direct eyewitness testimony implicating Xulu in the murder, the court found that the cumulative circumstantial evidence overwhelmingly pointed to her involvement.
Senior State Advocate Leswikane Mashabela argued that the only reasonable inference to be drawn from the evidence was that Xulu orchestrated the murder to benefit financially from the insurance policies she had fraudulently obtained.
The court agreed and convicted Xulu of murder, finding that the totality of the evidence established her guilt beyond a reasonable doubt.
Mohlatlole said the matter has been postponed to 8 June for sentencing proceedings.
Verdict welcomed
“The NPA welcomes the convictions, which demonstrate the effectiveness of meticulous investigation and prosecution in uncovering and dismantling complex crimes motivated by greed and financial gain,” Mohlatlole stated.
Mohlatlole said the successful prosecution underscores the criminal justice system’s commitment to ensuring accountability for those who “exploit positions of trust and orchestrate violent crimes for personal enrichment”.