A former prison warder who wept in court and testified that he wanted his wife’s killer to be found and brought to book, was himself found guilty of the premeditated murder.
His defence was that he found his wife and mother of his children lying in a pool of blood in his room at the West Bank prison barracks unresponsive on March 1 last year.
Simphiwe Mxosa, 47, was on Tuesday found guilty of the premeditated murder of Bulelwa in the East London high court by judge Mbulelo Victor Nqumse.
Mxosa, who pleaded not guilty to the murder, cut a stoic figure in the dock, covering his face with a mask and occasionally bowing his head as Nqumse handed down the judgment.
During the trial, the state called six witnesses, including Mxosa’s former colleagues and neighbours and a nine-year-old child, while Mxosa was the only one testifying in his defence.
The court heard that Mxosa had tried to borrow a grasscutter on the pretence that he would cut the grass where he lived, and when that did not materialise he tried to borrow a firearm from a friend, who refused.
It also heard that Mxosa told his colleagues he had killed Bulelwa and had been wanting to do that for a long time.
It also heard that one friend had advised Mxosa to part ways with the victim instead of doing “funny” things to her.
When he was arrested outside a drinking spot in town about four hours after Bulelwa was found dead, the Dispatch reported that all he wanted to know was whether she was really dead.
The court heard Bulelwa’s head was hacked to the point where it was barely recognisable.
Mxosa had said he found his wife in a pool of blood and unresponsive and he knelt over her and called out her name, but she didn’t respond.
He left the room and screamed in the passage and later caught a taxi to town.
He was arrested outside a drinking spot near Gilwell Mall.
Nqumse said looking at the photos, it would not have been possible to hold the victim in the manner Mxosa said he did.
“Extraordinarily, he said he touched the head of the deceased and shook her, calling her by name, and there was no response.
“If regard is had to the state of the deceased’s head depicted in the pictures in the photo album ... it is not possible for anyone to have acted in the manner described by the accused.
“Anyone who had come across the body of the deceased would have realised ... that she could not be alive.”
The judge said when Mxosa testified, he gave an impression of interest in finding the perpetrator who had killed his wife in this callous manner.
“The story of the accused ... must be rejected as false.
“When he testified, he gave the impression that he is equally [intent on] finding the perpetrator of this heinous crime.
“It is therefore not difficult to find that the accused’s story is a complete lie, and his evidence is characterised by improbabilities.
“He was not altogether truthful in his evidence.
“Consequently, I find it to be an inescapable conclusion that it is the accused who killed the deceased,” Nqumse said.
He said looking at the overall conduct of the accused during the relevant period, he had come to the conclusion that the murder was premeditated.
Bulelwa had a protection order against Mxosa at the time of her death.
Outside court, James Tutu, Bulelwa’s father, expressed relief that his son-in-law was found guilty.
“I’m happy that he will be sentenced for what he did. My spirit will be at ease when he is sentenced.
“I’m happy we have finally reached this stage. I will be satisfied when he is sentenced.”
Mxosa will be back in court on Wednesday for mitigation of sentence.
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