A gardener accused of acting with his employer to kill her domestic worker to benefit from R6m worth of life insurance claims, was denied bail in the Lenasia Magistrate's Court on Friday.

It's the state's case that Simon Mogale (37) and his employer, Sithembiso Xulu (48), acted in common purpose to conspire and kill Busiswa Nxumalo (21) two years ago, says a News24 report.

‘This court has the task of determining whether the state's case against the accused is weak or strong. Granting him bail would create a likelihood of him not standing trial. Therefore, bail is denied,’ said Magistrate Syfred Mat, who believed the state had short-changed itself by not also charging Mogale with insurance fraud.

Mati said the investigating officer, Sergeant Lloyd Ngengenene, testified on behalf of the state that there was a modus operandi between Mogale and his employer.

Mati added: ‘Indeed, when the deceased died, Mogale was paid, and accounts of Xulu were frozen by insurance companies. That evidence pertains to modus operandi. If Xulu killed Nxumalo with Mogale for insurance payouts, there was a common purpose between the two regarding the murder, as the state had mentioned. That common purpose didn't end there. It continued to be the alleged insurance fraud. Mogale could allegedly be added as a joiner-in in the scheme for Xulu to benefit. It beats me why Mogale wasn't charged with insurance fraud. The evidence of modus operandi is irrelevant if Mogale is not charged with fraud. The state has short-changed itself.’  

Xulu and Mogale are expected back in court on 20 September 2024.

Full News24 report