S v Ndlovu (SS72/2019) [2021] ZAGPJHC 899 (22 October 2021)

S v Ndlovu (SS72/2019) [2021] ZAGPJHC 899 (22 October 2021)

The court found that the accused systematically insured her relatives for unnatural deaths and was the sole beneficiary of the policies. She was consistently the last person seen with the deceased, and her conduct after their deaths, including rapid insurance claims and attempts to conceal evidence, supported the inference of guilt. The circumstantial and similar fact evidence, corroborated by multiple witnesses and documentary records, excluded any reasonable inference other than the accused's guilt. The accused's denials were found to be not reasonably possibly true. The court rejected the conspiracy count due to lack of meeting of minds but found the accused guilty of incitement and...

Citation
[2021] ZAGPJHC 899
Parties
Applicant: The State; Respondent: Rosemary Nomia Ndlovu
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2021
Case Number
SS72/2019
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty on six counts of murder, multiple counts of fraud, defeating the ends of justice, incitement, and attempted murder. She is acquitted on the conspiracy count.
Judges
Monama
Legal Topics
Murder, Attempted Murder, Fraud, Insurance Claims, Defeating Ends of Justice, Incitement
Criminal Law Civil Procedure Commercial and Corporate Murder Attempted Murder Fraud Insurance Claims Defeating Ends of Justice +1 more

Case Brief

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Parties

The State

Applicant

Rosemary Nomia Ndlovu

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of the murder of six relatives as charged.
  2. 2 Whether the accused is guilty of attempted murder, incitement, conspiracy, fraud, and defeating the ends of justice.
  3. 3 Whether circumstantial and similar fact evidence is sufficient to prove guilt beyond reasonable doubt.

Ratio Decidendi

The court found that the accused systematically insured her relatives for unnatural deaths and was the sole beneficiary of the policies. She was consistently the last person seen with the deceased, and her conduct after their deaths, including rapid insurance claims and attempts to conceal evidence, supported the inference of guilt. The circumstantial and similar fact evidence, corroborated by multiple witnesses and documentary records, excluded any reasonable inference other than the accused's guilt. The accused's denials were found to be not reasonably possibly true. The court rejected the conspiracy count due to lack of meeting of minds but found the accused guilty of incitement and...

Court Disposition

The accused is found guilty on six counts of murder, multiple counts of fraud, defeating the ends of justice, incitement, and attempted murder. She is acquitted on the conspiracy count.

Orders

  • Accused is found guilty on count 1 (murder of Madala Homu).
  • Accused is found guilty on count 2 (murder of Somisa Audrey Ndlovu).