In a landmark judgment where a man was sentenced to life imprisonment for killing his estranged wife over sole ownership of his RDP house, the Western Cape High Court has ordered he also forfeit the property to benefit their child.
Emotions ran high in court on Wednesday with scenes of joy and relief playing out as the family of slain Nosicelo Tsipa heard her killer Babsy Ntamehlo would not only stay behind the bars but must not benefit from marital share.
Judge Daniel Thulare also declared 43-year-old Ntamehlo unfit to possess a firearm.
In September 2020, Ntamehlo strangled Tsipa, put her body in a wheelie bin, set her on fire and buried her in a shallow grave near a river bank in Fisantekraal, Durbanville.
The wheelie bin tracks led to the discovery of her body.
Before her death, Tsipa had multiple protection orders against Ntamehlo.
The couple got into a customary marriage in 2008 and had one child, but things changed around 2016 after Ntamehlo received a government RDP house in Fisantekraal.
Tsipa received her RDP house in Atlantis before Ntamehlo, but sold the house to build a homestead in the Eastern Cape after her husband convinced her that was what they needed.
When Ntamehlo got an RDP house and the family moved in, some of the money from his wife’s sold property also assisted in the new home.
However, this was not a happy home as the husband’s abuse escalated; he no longer wanted his wife to a point of wanting to chase her out of the property.
Judge Thulare said Ntamehlo killed his wife because he didn’t want her to receive a share in the property.
“The message should be clear that a person who kills another should not be entitled to benefit from the (e)state of a person who he/she has killed.
The accused who killed Nosicela for her share of the house may not be enriched by his own unlawful conduct. In my view the law must be fair, the accused must be found on policy consideration to lack the capacity to benefit from the person who he has unlawfully killed,” he said.
State advocate Megan September requested that the court step in pertaining to the future of the 17-year-old boy child.
“He now must live with the Tsipa’s who he only learned after the death of his mother is not his real biological family,” she said.
It was heard in court on Wednesday that unknown people who claimed to be Tsipa’s paternal family claimed the body and buried her in the Eastern Cape.
“It is clear from the evidence presented that the accused deprived the child growing in a peaceful and loving family home and clearly did not have the best interests of the child at heart.
The State submission is that this court as the upper guardian of the minor child may consider the appointment of a curator in order to assist with regard to the immovable property.
“That the court may with reference to Section 173 of the Constitution Act 108 order that the house registered in the name of the accused be registered in the name of the minor in an attempt to balance scales of justice,” said September.
Judge Thulare ordered that the patrimonial benefits of the couple in respect of the Fisantekraal house be in favour of the minor.
An advocate has been appointed as a curator and Mayor Geordin Hill -Lewis has been ordered to ensure the establishment of a trust and assist with ownership rights of the property.
“Eastern Cape Premier (Lubabalo Oscar Mabuyane) shall within 30 days of this order trace the remains of the deceased buried within the boundaries of the province and shall immediately take all the necessary steps to ensure the child and the family (Tsipa that (raised the deceased) visit the grave as part of emotional and psychosocial therapy as advised by the social worker,” he said.
National Social development director-general Linton Mchunu is ordered to provide all the necessary resources, human and otherwise, to support the Social Worker, and all other necessary professions in assisting with the child with his emotional and psychosocial and all other needs within its mandate.
Judge Thulare granted leave to all the persons in the order to approach court on notice.
The Tsipa family, investigating officer Marius Jaars and September hailed the sentencing saying the journey was a long and very emotional time.
Cape Times