Guilty of killing woman

GUILTY: Ayabulela Maliza and Odwa Maliza and their cousin Vuyolwethu Mkwaniso were found guilty of various crimes including murder at the Bhisho High Court Picture: MALIBONGWE DAYIMANI
GUILTY: Ayabulela Maliza and Odwa Maliza and their cousin Vuyolwethu Mkwaniso were found guilty of various crimes including murder at the Bhisho High Court Picture: MALIBONGWE DAYIMANI
Two Peddie brothers and their cousin, accused of robbing, kidnapping and murdering the brothers’ sister-in-law in January 2017, were found guilty by the Bhisho High Court yesterday.

Brothers Ayabulela and Odwa Maliza, aged 22 and 18 respectively, and their 26-year-old cousin Vuyolwethu “Mashava” Mkwaniso appeared before judge Nomathamsanqa Beshe yesterday to hear their fate. They faced charges of murder, kidnapping and robbery with aggravating circumstances. The three accused were arrested on January 17 last year in Peddie in connection with the kidnapping and murder of Noluthabo Vellem-Maliza, 25.

She was abducted on January 13 last year outside the Peddie Magistrate’s Court and her body was found dumped 27km outside in the bushes next to her husband’s car.

Beshe, who postponed the judgment to June 1 because Ayabulela’s lawyer was absent, found the trio guilty of all three charges. Beshe found the three to have intentionally and unlawfully assaulted the victim, and with force or threat of violence, took a Toyota Corolla car. On the kidnapping count, Beshe said the accused unlawfully and intentionally deprived Vellem-Maliza of her freedom of movement by preventing her from getting out of a car and driving away with her.

According to the indictment read by Beshe, Ayabulela occupied the driver’s seat, Mkwaniso took the rear passenger seat, while Odwa sat on top of Vellem-Maliza in the front passenger seat. Beshe charges that Ayabulela was the one who started and drove the vehicle to a deserted place near Ndlambe Village where the body was dumped.

On the third count, which is murder, Beshe told the court that at or near Ndlambe Village, the accused unlawfully and intentionally killed her.

The epic trial saw 17 state witnesses taking the stand, including case investigator Warrant Officer Mkhululi Manisi, the victim’s husband Momelezi Maliza, state pathologist Dr SW Dwyer and four villagers from Ndlamba Village. Beshe stated that on January 16 2017, Dr Dwyer, who conducted a medico-legal post-mortem examination on Vellem-Maliza’s body, found the cause of the death to be “not inconsistent with anoxia owing to extrinsic upper airways obstruction and rotational injury of cervical spine”.

Beshe concluded that: “At all relevant times, the accused acted in concert with a common purpose to rob, kidnap and kill Vellem-Maliza.” — malibongwed@dispatch.co.za

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