In a case that could have come straight out of a movie, the Western Cape High Court has sentenced three individuals to life imprisonment for the premeditated murder of a 19-year-old woman. The deceased, N[…] D[…], who was the complainant in a rape case against Mmeli Kheswa (“Kheswa”) was killed the night before she was due to testify against him. Judge Lekhuleni handed down the sentences on 21 February 2025, describing the matter as one that “exemplifies the gravity and depth” of femicide and gender-based violence in South Africa.
The court found that the murder of N[…] D[…] on 28 June 2017 was the direct result of a conspiracy hatched inside Pollsmoor Correctional Facility. Kheswa was incarcerated at the time, awaiting trial for the alleged rape. While in custody, he met Mlungisi Ntsalaz (“Ntsalaz”), who was also facing a rape charge. Ntsalaz allegedly offered to arrange the murder of N[…] D[…] to ensure that the charges against Kheswa would be dropped. Kheswa relayed this offer to his wife, Cebisa Bhala (“Bhala”), initially claiming the “service” would be free. However, after Ntsalaz was released, he contacted Bhala demanding R10,000 to carry out the hit. Bhala agreed and sure enough, the day after the murder, she withdrew R5,000 and promised to pay the balance later.
The murder was executed with brutal efficiency. The deceased was shot three times: once in the arm and twice in the head. It happened outside her home in Du Noon the night before she was scheduled to testify against Kheswa in the Cape Town Regional Court. As Judge Lekhuleni remarked, “[t]he complainant’s constitutional right… to be free from all forms of violence was hideously infringed… her voice filled with resolve and determination, she was tragically killed to exempt [Kheswa] from accountability.” Investigating Officer Warrant Officer Wilmot Isaacs discovered the killing when he arrived to collect her for court. The rape charges against Kheswa were subsequently withdrawn, and he was released from prison, just as the conspirators had intended.
The case was cracked through a combination of confessional statements and digital evidence. WhatsApp messages between Bhala and Ntsalaz revealed not only their coordination of the murder but also an apparent romantic relationship that developed between them. In these messages, Ntsalaz declared his love for Bhala and claimed he had carried out the killing because of his feelings for her. Bhala had explicitly instructed him to always delete their WhatsApp chats. She did so, but, unbeknownst to her, Ntsalaz, apparently infatuated, kept all the messages. Their communication continued for weeks after the murder, with the pair exchanging jokes and discussing the crime.
On 4 July 2017, Bhala asked whether “all is quiet,” to which Ntsalaz replied that everything was calm, but he had been advised to avoid the area as some people had identified him. Particularly damning was a photograph of the deceased found on Ntsalaz’s phone, bearing the caption “RIP CHOMMIE.” When arrested on 28 July 2017, both Bhala and Kheswa eventually confessed to their roles in the conspiracy after initially denying any knowledge of Ntsalaz.
Judge Lekhuleni emphasised the broader implications of the crime, noting that it constituted a double violation of the victim’s rights. She was first allegedly raped and then murdered after seeking justice. He expressed concern about the chilling effect such crimes could have, warning that they may deter other rape victims from coming forward, especially where there is a risk that complainants “would be at further significant risk of harm.”
Despite the defence’s argument that the accused had already spent more than seven years in custody awaiting trial, allegedly constituting substantial and compelling circumstances warranting a departure from the prescribed life sentences, the court disagreed. Judge Lekhuleni ruled that while pre-trial incarceration is a relevant factor, it was not enough to outweigh the gravity of the crime, the absence of remorse, and the public’s need for protection and retribution.
You can read the full S v Bhala sentencing judgment here.
Written by Theo Tembo
The Legal Desk 
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