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Mulalo
SIVHIDZHO
December 2, 2010
MULALO Sivhidzho confessed to killing her husband
in free and sober mind, a Johannesburg high court judge said
yesterday.
Judge Naren Pandya said it was not reasonably
possibly true that Sivhidzho had been tortured by the police and
forced to confess.
"It is unlikely for injuries suffered during
torture not to be visible to the doctor.
"The defence argued that she had bruises on her
wrists, but the doctor testified that the bruises might have been
caused by handcuffs," the judge said.
Sivhidzho allegedly paid her husband's friend,
Ntambudzeni Matzhenene, and co-accused Sello Arnold to kill her
husband Avhatakali Netshisaulu in 2006.
He was killed, bundled into the boot of his car and
burnt.
He was on his way to a business meeting with
Matzhenene.
She was arrested three weeks later and confessed,
according to the police.
Judge Pandya found that Colonel Primrose Ngcobo,
the police officer who took down the confession, had been truthful in
saying Sivhidzho had waived her right to a lawyer.
"It is reasonable to assume that a well-educated
and talented person such as the accused would realise what the
consequences would be when the right to remain silent is waived in any
case. Her rights were explained to her and there is no indication that
she asked for clearance," the judge said.
He went on to say that after being arrested
Sivhidzho asked her father-in-law (former City Press editor) Mathatha
Tsedu to organise a lawyer for her court appearance.
"It must be borne in mind that at the time of
making the statement, no lawyer had been appointed. She only asked for
a lawyer afterwards," said the judge.
In her confession Sivhidzho wrote that Matzhenene
had approached her with the idea of killing her husband after she told
him he was cheating on her.
"I was shocked and asked him what would happen. He
said no one would know.
"He phoned me again in November (2006) and said
everything was ready.
"On Thursday my husband left the house to meet
Ntambudzeni. He phoned 15 minutes later, saying he was being followed
by two cars. I told him to come back.
"Then Ntambudzeni sent me an SMS, and I knew they
had got him," she said in the confession.
Judge Pandya admitted the statement as evidence,
saying the state had proved beyond a reasonable doubt that Sivhidzho
had not been tortured.
"Material of the accused's evidence was
contradictory. She tried to divert from answering direct questions.
Her evidence of torture is rejected," he said.
Sivhidzho, Arnold and Matzhenene have all pleaded
not guilty to murder, kidnapping and damage to property.
'Widow left shop to meet killers'
July 29, 2010
THE text message Mulalo Sivhidzho sent to her
father-in-law after her husband's funeral was a partial confession to
her evil deed, the Johannesburg high court has heard.
Part of the text message read: "Part one has passed
now we have to go to part two, the material part, materials put us
Christians into temptations and do evil things to get materials of
this world.
"I trust you but the question is do you trust me,
sometimes I feel like you are my real father, you are everything to
me".
This message was sent by Sivhidzho to Mathatha
Tsedu, the father of her husband Avhatakali Netshisaulu who had just
been buried in Venda in December 2006.
Netshisaulu was hijacked and burnt alive in the
boot of his car, allegedly by Sello Arnold and about six other men who
had allegedly been hired by Sivhidzho.
His charred remains were found in Honeydew about an
hour after he called his wife to say he was being followed by two
cars. He was on his way to meet Ntabudzeni Matzhenene, also an accused
in the case.
State prosecutor Maro Pappachristoforou, in her
closing argument, said that knowing she had conspired to kill her
husband, Sivhidzho was overwhelmed with guilt and needed to unload.
"Why did she send Tsedu such a cryptic and
religious statement? Who are these Christians who will be tempted by
material things to do evil things?
"If one had to apply one's mind to all the facts
and keep her co-accused's statements in mind, it would not be very
difficult to see that she was in all probability overwhelmed with
guilt and was partially confessing her evil deed," she argued.
The prosecutor went on to say that her submissions
were corroborated by Sivhidzho's co-accused Ma-tzhenene's warning
statement in which he said she told him she "wanted her husband dead
so she could inherit all his belongings, she wanted to own it all
alone".
But Sivhidzho's explanation for sending the SMS was
that she was concerned about the squabble between the Tsedus and the
Netshisaulus over the burial process.
She said she had hoped Tsedu would read between the
lines in order to get what she meant.
Pappachristoforou described Sivhidzho's explanation
as utter nonsense.
Sivhidzho 'called' husband's killers
July 28, 2010
MULALO Sivhidzho called her husband's killers to
confirm they had got him before calling the police and going to search
for him, the state suggests.
A 38-second phone conversation is reflected from
Sivhidzho's house phone to her husband's cellphone almost 10 minutes
after he called her to say he was being followed by two cars.
This is contrary to Sivhidzho's version that the
last time she spoke to her husband, Avhatakali Netshisaulu, was when
he called to say he was being followed.
She said all the calls she attempted to make
afterwards went to voicemail.
But, a cellphone record expert testified that there
was a conversation and that if it had gone to voicemail there would be
no reflection of call duration.
Referring to this evidence, prosecutor Maro
Pappachristoforou suggested in her closing argument that Sivhidzho was
talking to one of the killers, who were now in possession of
Netshisaulu's cellphone.
"In all probability, she was talking to one of the
killers to ensure that they had killed him," she said.
Sivhidzho allegedly hired co-accused Ntabudzeni
Matzhenene and Sello Arnold to hijack, rob and burn her husband alive
inside the boot of his car in December 2007. He was on his way to meet
Matzhenene in Honeydew when he was killed.
Pappachristoforou also pointed out that network
signals proved that Matzhenene never left his home to meet the
deceased. It shows that all the calls he made and received through his
cellphone that night were at his shack in Zandspruit.
She also argued that Sivhidzho's claim that she had
never met Arnold was a blatant lie.
'How did Mulalo know it was his car?'
By Dudu Dube - Sowetanlive.co.za
July 27, 2010
MULALO Sivhidzho's utterances at the crime scene,
her inability to show emotion and her vindictiveness during the trial
are proof that she killed her husband.
This was prosecutor Maro Pappachristoforou's
submission during her closing argument in the Johannesburg high court
yesterday.
Sivhidzho allegedly hired co-accused Ntabudzeni
Matzhenene and Sello Arnold to kill her husband Avhatakali
Netshisaulu, the son of former newspaper editor Mathatha Tsedu.
Netshisaulu's charred body was found in the boot of
his car within an hour after he called her to say he was being
followed by two cars in Honeydew. He was on his way to meet
Matzhenene.
During the two-and-a-half- year trial, five state
witnesses testified that when Sivhidzho got to the scene where the car
was in flames, she screamed "my husband is in the boot".
"How could she have known that it was her husband's
car? She arrived when the car was still up in flames. She said she
could identify the car by its towbar. How does that happen? The
state's case is corroborated by five witnesses," Papachristoforou
said.
She argued Sivhidzho's behaviour when she arrived
at the crime scene was not that of an innocent person.
"She was composed for someone who just lost her
husband. That she screamed for firefighters to look for him in the
boot does not mean she was crying," she said.
"Witnesses said she was constantly on her cellphone
conducting interviews, I would have expected someone in her position
to be too shocked."
Papachristoforou went on to describe Sivhidzho as
abitter person who tried by all means to frustrate court proceedings
and discredit anyone who tried to incriminate her.
She said Sivhidzho's greatest victim was her
mother-in-law. After telling the court about Sivhidzho's disappearance
from the mall, Dzudzanani Netshisaulu spent two weeks on the witness
stand being cross-examined about her dead son's finances.
The three accused have pleaded not guilty to all
charges.
Hubby killed'for his money
By Dudu Busani-Dube - Sowetanlive.co.za
February 2, 2010
MULALO Sivhidzho murdered her husband because he
had a lot of money - and she wanted it - according to the man she
allegedly hired to do the killing.
MULALO Sivhidzho murdered her husband because he
had a lot of money - and she wanted it - according to the man she
allegedly hired to do the killing.
"She promised to pay me R4000 for the job. I never
received my money. When I called her the phone was off," said
Ntabudzeni Matsenene in a statement he made to the police.
Matsenene's statement was the first to be read out
in the Johannesburg high court after Judge Naren Pandya admitted
statements by all three accused as evidence in the trial.
Sivhidzho, Matsenene and co-accused Arnold Sello
had tried in vain to have their statements thrown out of court,
claiming they were tortured by police into confessing to the crime.
In 2006 they allegedly conspired to murder
Sivhidzho's husband, Avhatakali Netshisaulu, by hiring men to hijack,
rob and burn him alive in the boot of his car.
Matsenene's seven-page statement describes how
after meeting Sivhidzho just once, he was shocked to get a call from
her asking for a meeting.
"We met at the Spar on a Saturday. She came in a
taxi. She told me she wanted to kill her husband and needed my help. I
refused, but she persisted.
"When I asked why she wanted to kill him she said
it's because he had a lot of money, and she wanted it."
He said after the meeting, he went to the
Zandspruit informal settlement where he organised two Zimbabwean men,
Shadrack and Abel.
"Mulalo said she would organise three men on her
own."
On December 7 2006 Matsenene and Sivhidzho arranged
to meet at a garage close to Zandspruit, with each of them bringing
their own hitmen.
Sivhidzho arrived in her husband's car with two
men.
"She then told us she was going back home to give
him the car so he could come this side where the hitmen would attack
him."
Netshisaulu was supposed to meet Matsenene at the
same garage that afternoon but was found dead inside the boot of the
car.