26 years for policy murder 'too lenient'

KAROO NEWS - Graaff-Reinet's notorious insurance murderers, Nomphelo Maloyi (37) and Yithulwazi "Lwazi" Kay (36), were both sentenced to 26 years in prison for the premeditated murder of Nomphelo's maternal uncle, Mynhardt Maloyi (66), during the night of 25 November 2022. The sentence was handed down by the Makhanda High Court last Thursday, 26 September.

The body of the 66-year-old was found inside his house in Henry Street, uMasizakhe township, Graaff-Reinet the morning after the murder, when Maloyi, who pretended to be his primary caregiver, faked concern and asked a neighbour to check on him under the pretense of intending to deliver groceries.

Motive

Evidence presented in court revealed that Maloyi orchestrated the murder as she was the beneficiary of two life insurance policies - one from FNB for R150 000 and one from Sanlam for R15 000 - that she had taken out on her uncle's life.

She solicited Kay's assistance who agreed to kill her uncle after she promised to pay him R20 000 as soon as she received the payout. Subsequent to the murder, Maloyi submitted the claims but failed to pay Kay the full amount she had promised.

Her involvement in the murder was exposed when she sought assistance from others to either eliminate Kay or to lend her the remaining balance she owed after he started threatening her.

Following her arrest, Maloyi made an unsolicited confession to a fellow inmate, revealing vital details about the murder. This disclosure aided the investigation, corroborating other evidence and strengthening the case against both accused, who maintained their innocence throughout the trial.

Too lenient

According to Luxolo Tyali, regional spokesperson of the National Prosecuting Authority's Eastern Cape Division, the prosecution is intending to appeal Maloyi and Kay's sentences as they consider it to be "inappropriately lenient".

Advocate Sibusiso Mgenge had asked for life imprisonment based on the severity of the crime and the blatant disregard for human life.

Despite Mgenge's emphasis on the duo's lack of remorse and attempts to shift blame, the court determined that substantial and compelling circumstances justified a lesser sentence. A pre-sentence report in this regard was compiled by social workers.

Insurance murders escalating

Judge Nozuko Mviko agreed with Mgenge's assertion that insurance payout murders are escalating, not just in the Eastern Cape, but nationwide.

She emphasised that, in the absence of legislation preventing individuals from taking out insurance policies on the lives of others without their explicit consent, the courts have a responsibility to impose sentences that deter potential offenders.

Eastern Cape Director of Public Prosecutions (DPP), Barry Madolo, commended those who provided crucial information, as well as the investigation conducted by the police.

Murderer, Nomphelo Maloyi, was employed at the Dr Beyers Naudé Local Municipality. Photo: Facebook