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Vusiwana Baloyi listens attentively during the court proceedings.

No remorse

 

The life sentence meted out to ritual murderer and traditional healer Vusiwana Nelson Baloyi might sound like good news to some, but the family of the slain Mercy Ndou still have more questions than answers.

Baloyi (50), of Tshitavha outside Thohoyandou, was sentenced to life imprisonment on Friday in the Limpopo High Court in Thohoyandou for the murder of Ndou and five years' imprisonment for the robbery of her phone.

Ndou (33), who was a patient of Baloyi's, had her life cut short in May 2014 by the sharp blades of ruthless ritual killers who thrive on human body parts. Her body, with some parts missing, was found in an advanced state of decomposition not far from Tshitavha village near Thohoyandou. Her murder and the way she had been killed sent shockwaves through the whole country, with communities in the grip of deep fear, thinking that the ritual murder season which reached a climax in 2006 in Vhembe was back to haunt them.

Initially, Baloyi and Desmond Nemushungwa, who is a brother of the deceased, were arrested for the murder, but Nemushungwa was later released for lack of evidence.

During the trial, which lasted almost a month and with 18 witnesses called by the state and one by the defence, Baloyi admitted to being at the scene of the murder but said he had been forced at gunpoint to “throw the bones” before the murder. The trial attracted a capacity gallery at Court A of the High Court every day that it was sitting.

During sentencing, Judge Makhafola said Baloyi had not shown any element of remorse for what he had done. According to the judge, Baloyi was beyond rehabilitation. He described the murder of Ndou as a planned one, with Baloyi being part of the conspiracy. A very young life had been cut short in broad daylight in the most cruel, sadist and barbaric way, the judge said.

He added that the mere fact that Baloyi was not speaking out and not shedding light on the whereabouts of the missing parts, brought no closure to the family who had to bury their loved one with body parts missing. "This is the worst of murders - cruelty at its worst - and after looking at all the evidence, I find no compelling circumstances that could lead me to deviate from the minimal-sentence rule," he said.

The sentence came as good news to the family,  but they have reservations. The family said that a dark cloud was still hanging over their heads as they had buried a body with some parts missing. Reacting after sentencing, Rev Jabulane Monegi said even though they were satisfied with the sentence, they wanted answers. "We have seen justice being done and we are extremely happy that the killer will rot in jail. We are just praying that maybe one day he will talk and we will find the missing parts.”

Adv Ratshilumela Makhera appeared on behalf of the state and attorney Mpho Makhuvha for the accused.

The deceased, Mercy Ndou.

Attorney Mpho Makhvha and Baloyi in consultation during the trial.

Court A of the Limpopo High Court sitting in Thohoyandou was permanently packed to capacity during Baloyi's trial.

Sentenced to life in prison, Vusiwana Baloyi is being led to the court's holding cells before being taken to prison.

 

Date:30 September 2016

By: Elmon Tshikhudo

Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019.

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