Mukosi Freddy Mulaudzi

Case record: Mukosi Freddy Mulaudzi

Background

Mukosi Freddy Mulaudzi (46) from Mandala Village was a convicted serial killer who was sentenced in the Thohoyandou High Court.

Mulaudzi began his criminal career in 1985, when he was arrested and convicted for a petty crime of theft. A fine of R120 or four months’ imprisonment was imposed on him.

Mulaudzi was later convicted on 20 serious counts, including two counts of murder. He received two life terms and many years in prison for those crimes.

Mulaudzi was sent to Baviaanspoort Prison in Gauteng to serve his sentence, but he escaped in 1996.

After his escape, he committed further crimes. In 2004, he embarked on a journey of stealing, robbing and maiming. He also raped and killed his victims.

A later report described that police alleged he had been on the run since 1999 after he escaped from Baviaansport prison in Gauteng, where he was serving two life sentences for murder.

The offence

In the Thohoyandou High Court case, Mulaudzi faced 28 serious counts, but two were withdrawn before the trial could start. The counts ranged from murder, attempted murder, rape and robbery, and also included housebreaking with intent to rob and steal, assault with intent to cause grievous bodily harm, firearm theft, and attempted murder.

The state alleged that Mulaudzi went on a killing spree in 2006, raping and robbing his victims of their belongings.

Victims named in the proceedings included:

• Margareth Nembudani of Phadzima
• Lufuno Magondo
• Zwidofhelangani Magondo
• Jeanet Dama
• Marvel Dama
• Maria Munyai
• Dakalo Munyai
• Phophi Radzilani
• Moses Mushiana
• Shumani Mushiana
• Lavhelesani Sivhugwana
• Shumani Sivhugwana
• Nyadzani Sivhugwana
• Winnietjie Tshilimandila
• Shonisani Thinandavha
• Ndivhuwo Winnity Tshilimandila
• Nyadzeni
• Levhalesani Maxwell Sivhugwana
• Rotondwa
• Moses Mushiana

A later account described that Mulaudzi hid in a defunct refrigerator when police arrested him at Mulodi.

Investigation

Senior Superintendent Motlafela Mojapelo said police had been hunting Mulaudzi for about 10 years.

Judge Godfrey Hetisani was worried that some stolen items had not been recovered up to the time the trial started. The items not recovered included a gun belonging to the police officer attacked and robbed in 2006 by Mulaudzi, and body parts removed from Shonisani Thinandavha.

Shonisani Thinandavha was found dead at Mulodi in July 2006 with her breast, right hand, left ear and upper lip sliced off.

Witness evidence led by witnesses was described as never contested because Mulaudzi opted to remain silent until the state closed its case.

The state advocate Bathuel Manyuha said Mulaudzi’s right to remain silent did not prove innocence because he did not want to take the witness stand. Manyuha also argued it was not proven that the accused did not commit the crimes he had denied.

The defence position described that Mulaudzi’s silence should not make him liable for all the charges as indicted and urged the court to take a decision as per witnesses’ evidence.

Arrest and custody

Mulaudzi was arrested in 2006 after he went on a killing spree.

Judge Godfrey Hetisani began delivering judgment on counts in August 2008 in the Thohoyandou High Court after Mulaudzi was arrested at Mulodi.

A later report said that Mulaudzi was nailed by police at Mulodi after he hid in a defunct refrigerator.

He had been eluding police since his escape in 1996 from Pretoria’s Baviaanspoort Prison, where he was serving several life sentences for other murders.

A report stated that Mulaudzi still had to serve the other two life sentences he was serving when he escaped from prison.

Trial

The trial took place in the Thohoyandou High Court.

Mulaudzi was facing 28 counts; two were withdrawn before the trial could start.

In closing arguments, Mulaudzi’s defence counsel, Adv Mmbambadzeni Manwadu, asked the court to be lenient when passing sentence.

Manwadu cited personal circumstances as mitigating factors. He said Mulaudzi was from a broken family where his father could not provide for him and Mulaudzi could not go to school. Manwadu said Mulaudzi dropped out of school in Std 2 in 1980, survived on odd jobs and earned only a pittance. He said Mulaudzi’s wife was also unemployed.

Manwadu said Mulaudzi had pleaded guilty to most of the charges and cooperated with the police. Manwadu said Mulaudzi did not waste the court’s time, was remorseful for his deeds, and stood a chance of being rehabilitated.

For the state, Adv Bethuel Manyuha argued Mulaudzi should be removed permanently from the community. Manyuha said the string of convictions showed he tended to repeat the same crimes, and giving another chance would be like giving him the chance to commit them again.

Manyuha also argued the manner in which victims had been killed was brutal and vicious and showed the pain the victims went through before they died.

Manyuha denied that Mulaudzi had cooperated with the police, and referred to body parts removed when Shonisani Thinandavha was killed never being found, and the firearm stolen from Magonono never being recovered.

Manyuha put it to the court that crimes were committed in the dark, making it hard for police to investigate, and that almost all were committed against women and children. Manyuha also said that in some instances, Mulaudzi wiped out a whole family to avoid being detected.

Manyuha said:

“It is clear that this man has no respect for human life. He does not deserve to be in the community. The fact that he had the resolve to kill a heavily pregnant woman speaks volumes about this man; he should not get any chance to return to society,” Manyuha said.

According to a separate account, the state advocate Bathuel Manyuha told the court that it was not proven that the accused did not commit the crimes he had denied committing. Manyuha said:

“The accused dealt with his victims in a brutal manner and had no mercy and some of the victims were lucky to survive” said Manyuha

That account also described that Mulaudzi pleaded guilty and not guilty to some charges. It stated the court had to find him guilty.

Sentencing

Judge Godfrey Hetisani sentenced Mulaudzi in the Thohoyandou High Court.

Hetisani said he took all the accused’s personal circumstances before making a decision. He adjourned the court before passing judgment, saying that he lacked the wisdom of King Solomon and needed time to pray.

Hetisani said the crimes had reached alarming proportions and had become more prevalent. He said the manner in which victims had been killed were particularly heinous, including that some victims had been burnt alive, some hacked with an axe and some having their body parts removed, never to be found again.

Hetisani said almost all crimes were perpetuated against women and showed they had been pre-planned before being executed. He said most of Mulaudzi’s previous crimes were committed after his escape from prison, showing he would still continue with a criminal career if given the chance. Hetisani also pointed out that Mulaudzi showed no remorse and that he only chose to plead guilty to some of the charges whose exhibits had been used in court.

Hetisani sentenced Mulaudzi to 11 life sentences and more than 200 years’ imprisonment.

The sentence imposed on Mulaudzi included the following terms for specified counts:

• Housebreaking with intent to rob and steal, committed at Dzumbathoho in June 2004 — 18 years
• Attempted murder on Margareth Nembudani of Phadzima, committed on June 29, 2004 — 18 years
• Housebreaking with intent to rob and steal, committed in September 2004 at Tshivhilidulu — 19 years
• Rape, committed in September 2004 — 27 years
• Assault with intent to cause grievous bodily harm on Lufuno Magondo — 18 years
• Assault with intent to cause grievous bodily harm on Zwidofhelangani Magondo — 18 years
• Housebreaking, committed on November 18, 2004 — 11 years
• Attempted murder, committed on November 18, 2004 — 11 years
• Assault with intent to cause grievous bodily harm, committed on June 4, 2005 — 15 years
• Firearm theft, committed June 4, 2005 — 15 years (policeman Joseph Magonono was robbed of his service firearm and it was never recovered)
• Housebreaking with intent to rob and theft committed in June 2005 at Dzumbathoho — 14 years
• Murder of Jeanet Dama, committed in June 2005 — life
• Murder of Marvel Dama, committed June 2, 2005 — life
• Murder of Maria Munyai, committed on August 20/21 2005 — life
• Attempted murder on Dakalo Munyai, committed on August 20/21 2005 — 17 years
• Murder of Phophi Radzilani, committed on August 4, 2006 — life
• Murder of Moses Mushiana, committed on August 4, 2006 — life
• Murder of Shumani Mushiana, committed on August 4, 2006 — life
• Housebreaking with intent to rob and theft — 12 years
• Murder of Lavhelesani Sivhugwana, committed on August 16/17 2006 — life
• Murder of Shumani Sivhugwana, committed on August 16/17 2006 — life
• Murder of Nyadzani Sivhugwana, committed on the August 16/17 — life
• Rape of Winnietjie Tshilimandila — 27 years
• Murder of Winnietjie Tshilimandila — life
• Rape committed on July 8/9 2006 at Mulodi — 27 years
• Murder of Shonisani Thinandavha, committed on July 8/9 2006 — life

Meanwhile, the report stated Mulaudzi still had to serve the other two life sentences he was serving when he escaped from prison.

Appeals

No appeal information was provided.

Timeline

• 1985 — Mulaudzi was arrested and convicted for a petty crime of theft; a fine of R120 or four months’ imprisonment was imposed.
• 1991 — Mulaudzi was convicted on 20 serious counts, including two counts of murder; he received two life terms.
• 1996 — Mulaudzi escaped from Baviaanspoort Prison in Gauteng.
• 2004 — He embarked on stealing, robbing and maiming; he raped and killed victims.
• June 2004 — Housebreaking with intent to rob and steal committed at Dzumbathoho (18 years).
• June 29, 2004 — Attempted murder on Margareth Nembudani of Phadzima (18 years).
• September 2004 — Housebreaking with intent to rob and steal committed at Tshivhilidulu (19 years); rape committed (27 years).
• November 18, 2004 — Housebreaking (11 years); attempted murder (11 years).
• June 4, 2005 — Assault with intent to cause grievous bodily harm (15 years); firearm theft from policeman Joseph Magonono; firearm never recovered (15 years).
• June 2005 — Housebreaking with intent to rob and theft committed at Dzumbathoho (14 years); murder of Jeanet Dama (life).
• June 2, 2005 — Murder of Marvel Dama (life).
• August 20/21 2005 — Murder of Maria Munyai (life); attempted murder on Dakalo Munyai (17 years).
• August 4, 2006 — Murder of Phophi Radzilani (life); murder of Moses Mushiana (life); murder of Shumani Mushiana (life).
• August 16/17 2006 — Murder of Lavhelesani Sivhugwana (life); murder of Shumani Sivhugwana (life); murder of Nyadzani Sivhugwana (life).
• July 8/9 2006 — Rape committed at Mulodi (27 years); murder of Shonisani Thinandavha (life).
• August 28, 2008 — Mulaudzi was sentenced to 11 life sentences.

Outcome

Family and community members packed the court room during the trial. Some said the sentence would not serve any purpose as he might escape again and continue with his murderous life. Others celebrated outside the court long after sentence had been passed.

A family member of some victims, Ms Julia Munyai, said the sentence would not serve any purpose at all. She said:

“You saw him laughing after killing so many of our relatives. He knows that he won’t die in jail, but will be enjoying the food and the government will be paying the bill,” she said.

Other details

A separate proceeding described a postponement in Dzanani magistrate's court. It said that the case against a man accused of seven murders including those of five children was postponed to November 15 for further investigation. Mukosi Freddy Mulaudzi (42) briefly appeared in court after he was arrested on Monday, and the postponement followed. The report said he had been eluding police since his escape in 1996 from Pretoria’s Baviaanspoort Prison, where he was serving several life sentences for other murders.

That report stated Mulaudzi was charged with seven new counts of murder, rape and housebreaking and theft. Mojapelo said Mulaudzi could also be connected to three counts of attempted murder, two of armed robbery, three of rape, four of murder, three counts of housebreaking and two cases of assault, all committed in the Siloam and Levubu areas in Limpopo since 2004.

The report linked the postponement to the killing of Ndivhuwo Winnity Tshilimandila (19) and Nyadzeni (14) Shumani (10) and Levhalesani Maxwell Sivhugwana (7), who were hacked to death in their home on Thohoyandou in August.

The same month, the report said Mulaudzi allegedly killed Phophi Tracy Radzilani (30) in her house with a sharp object. It also said her two children, Rotondwa (7) and Moses Mushiana (5 months), were burnt beyond recognition in their bedroom.

A final line described Mulaudzi boarding a police van with prison official Tshilidzi Manyelenyele as the start of a long time in prison.