Court hears Maloyi stabbed uncle then gave Kay the knife to 'finish the job'

Update

GRAAFF-REINET NEWS - Shocking testimony was heard during the bail hearing of two murder accused, Nomphelo Maloyi (36) and Lwazi Kay (35) on Monday 24 April in the Graaff-Reinet Magistrate's Court before Magistrate Nontutuzelo Mabenge.

Maloyi and Kay are charged with the premeditated murder of Moloyi's 66-year-old uncle, Mynhardt Maloyi in November last year - an investigation that has become known as the "insurance murder" - a case of murder for money.

The court heard on Monday that not only did Maloyi allegedly order the murder of her uncle, but the state believes she herself was the one who first plunged the knife into her elderly family member's body.

Previous convictions

At the outset of the hearing it came to light that both accused have had previous brushes with the law.

Kay has three previous convictions for theft during 2015 and 2016, while Maloyi, employed by Dr Beyers Naude Local Municipality, has one previous conviction for theft in 2019.

Nkosazana Gxumisa of Legal Aid SA, who represents Kay, put forward a number of factors in support of his client's application for bail.

This included that Kay has two children, aged 18 months and three years, who are financially dependent on him.

Zolile Ngqeza from Gqeberha, who represents Maloyi, said apart from the fact that Maloyi is the mother of a six-year-old child, Maloyi was not involved in the murder of Mynhardt Maloyi in any way and that she should be acquitted of the crime.

Reasons to refuse bail

The state opposes both applications and called investigating officer, Detective Monwabisi Morley, to testify.

Morley described how the two accused allegedly conspired to commit the gruesome murder.

Morley stated that Maloyi took out life insurance policies on her uncle's life and, as the beneficiary of these policies, wanted him dead. He testified that she approached Kay who agreed to "do the job" after Maloyi promised to pay him R20 000 as soon as she received the payouts. Kay was supposed to "finish the job" on 23 November but he had difficulty locating the victim's house.

He said on the evening of 24 November, Maloyi and Kay, both dressed in black, headed to her uncle's house. Morley said Maloyi apparently promised to buy her uncle a Coke and that he was therefore expecting her visit. When he opened the door for his niece, the two accused entered his house and tied him to a chair.

Morley said Maloyi stabbed her relative with a knife and then handed the knife to Kay who "finished the job".

Maloyi's lawyer objected to the investigating officer's testimony, arguing that a confession made by Kay as an accused is inadmissible against Maloyi, his co-accused.

But, after it was confirmed that the testimony is supported by witness statements, the investigating officer was allowed to continue testifying.

Safety and flight risk

The second reason for opposing bail is concerns regarding the safety of the public and the safety of the investigating officer relating to a conversation that Maloyi had with one of the inmates after her arrest.

Morley said since this particular inmate is familiar with court proceedings, Maloyi posed a number of disturbing questions to him. She wanted to know what will happen if she is released on bail and fails to return to court. According to the state, an indication that Maloyi poses a flight risk. She also wanted to know what will happen to the case if the investigating officer, her co-accused or witnesses should die. In addition, Maloyi wanted to know what will happen to the case if the docket is lost or destroyed. Morley testified that Maloyi had previously attempted to interfere with the investigation when she tried to contact one of the witnesses.

The state also raised public sentiment about the case. Protesters had on several occasions demanded that the accused be denied bail and the state feared that people may take the law into their own hands.

Access to IDs

The fact that Maloyi had access to residents' identity documents as the employee at Dr Beyers Naude Local Municipality responsible for issuing proof of address documents, has also given rise to fears that others may have been insured and are now at risk.

It was confirmed that Maloyi is still in the employ of the municipality and may continue to have access to people's identity documents.

A petition from the public imploring the Department of Justice to deny bail was handed into evidence by the prosecution.

In response to the magistrate's question about the status of the investigation, the state confirmed they are still obtaining a number of witness statements.

They are also awaiting a report from FNB regarding policies that Maloyi had taken out.

The state had also subpoenaed insurance companies that appear on Maloyi's payslip.

The case was postponed to next Thursday 4 May, when the bail hearing will continue.

Protesters during an earlier court appearance. A petition imploring the Department of Justice to deny bail was handed into evidence by the prosecution on Monday.