Themba Mthombeni

Parties

• Themba Mthombeni — defendant.

• Thandiwe Masimula — victim, described as a childhood friend and a 17-year-old; later also described as 18.

• Thandiwe Masimula’s room-mate — victim mentioned in relation to an attempted rape.

• Two school teachers — potential victims mentioned in relation to an intention to rape.

• Police officer / policeman — victim in relation to a murder charge.

Timeline

• June 26, 2006 — Themba Mthombeni was sentenced to life in prison.
• June 27, 2006 — A report stated he was sentenced to life imprisonment and referenced additional punishment.
• April 2003 — Mthombeni forced Thandiwe Masimula, 17, to accompany him to his dormitory room at gunpoint, shot her in the neck when she refused to have sex with him, and raped her; after locking her body in his room he searched for other victims to rape.
• January — Thandiwe Masimula was found shot dead in Mthombeni’s bed; the report referenced a first-year student being raped and murdered.
• July — The policeman met Mthombeni in a bar after Mthombeni had been kicked out of his flat in Sunnyside, Pretoria, in July last year; the report also referenced the flat in Sunnyside.
• September 22, 2003 — Mthombeni appeared in the Pretoria regional court. His next appearance in the Witbank district court was stated as September 29.
• Monday (date not stated) — Mthombeni appeared for sentencing; his case had been scheduled for judgment but was postponed earlier.
• October 7 — Mthombeni’s case was postponed to this date because his lawyer was ill.
• September 29 (year not stated) — Mthombeni’s next appearance in the Witbank district court was stated.

Background

An engineering student, Themba Mthombeni, was sentenced to life imprisonment for crimes that included murder, abduction, violating a body, attempted rape and unlawful possession of a firearm.

Mthombeni was described as a Witbank engineering student. Another report described him as 21, from Mhluzi near Middelburg in Mpumalanga.

The offence

Mthombeni forced Thandiwe Masimula, 17, at gunpoint to accompany him to his dormitory room. When she refused to have sex with him, he shot her in the neck. He then raped her. After locking her body in his room, he searched for other victims to rape.

Mthombeni pointed a firearm at two school teachers who passed him in the street, with the intention of raping them. He fled after one of the teachers sprayed him with mace. He later returned to Thandiwe’s room, where he tried to rape her room-mate, but fled when her screams alerted a neighbour.

Thandiwe’s decomposing body was found in his room several days later.

Investigation / Police involvement

In April 2003, Mthombeni admitted forcing Thandiwe Masimula to accompany him to his dormitory room at gunpoint, shooting her, raping her, and then locking her body in his room while searching for other victims.

He was also described as having told police that he had sex with Thandiwe after she had died.

Arrest / Custody

Mthombeni was described as remaining in custody until his next appearance in the Witbank district court on September 29.

Trial

Mthombeni appeared in the Pretoria regional court and later in the Pretoria High Court for sentencing.

He had already pleaded guilty to the policeman’s murder, stating that he did so in self defence when the cop allegedly tried to sodomise him.

He also pleaded guilty to stealing the policeman’s car, firearm and cellphone.

His case was scheduled for judgment on a Monday but was postponed to October 7 because his lawyer was ill.

He remained on trial in the Witbank district court for the rape and murder of a first-year student in January. The report stated that Thandiwe Masimula was found shot dead in Mthombeni’s bed in a block of flats in Witbank, Mpumalanga, and that she had been dead for three days.

Mthombeni faced charges of:

• murder,
• rape,
• necrophilia,
• attempted rape involving Masimula’s flatmate,
• attempted murder,
• possession of unlicensed firearm and ammunition after he allegedly confronted two joggers while fleeing after the flatmate screamed for help.

Sentencing

On June 26, 2006, Mthombeni was sentenced to life in prison.

The report described that he was given a life sentence plus 15 years in prison on charges of murder, abduction, violating a body, attempted rape and the unlawful possession of a firearm.

Pretoria High Court Judge Mahomed Ismail said:

"I am perplexed why a person with so much potential would resort to such horrible crimes. "The manner in which you acted cannot be tolerated. A human life was taken as a result of your actions. Society cannot condone or tolerate this type of conduct where people resort to violence for the slightest excuse or provocation,"

The report stated that the judge referred to the crimes as "glaringly heinous".

Emotional family members wept and had to be consoled. They sat in silence in court for several minutes after hearing Mthombeni was going to jail for at least the next 25 years.

Appeals

No appeal information was included.

Outcome

Mthombeni was sentenced to life in prison on June 26, 2006.

Other details

• The policeman met Mthombeni in a bar and offered him a place to stay for the night after Mthombeni had been kicked out of his flat in Sunnyside, Pretoria, in July.
• Another report described that Mthombeni was accused of killing a policeman and later raping and killing a girl and keeping her body in his bed for three days.