Pretoria - A Mamelodi East man on Monday pleaded not guilty in the Pretoria High Court to raping and murdering his girlfriend, who was five months pregnant with his child.
Zanele Khumalo was 18 when she was found dead in her parents’ Garsfontein home. According to a post-mortem, report she was probably strangled to death.
Thato Kutumela, 26, also pleaded not guilty to a charge of robbery with aggravating circumstances. He is accused of robbing her of her pyjamas, panties and robe.
Zanele was murdered on the morning of April 21 last year. She had written her matric the previous year and as she had fallen pregnant, she decided to spend a gap year at home, before resuming her studies.
The State alleged she had a love affair with Kutumela and it is claimed that he on occasion physically abused her.
It is claimed that on the day of the incident he waited outside the complex where she lived, until somebody opened the gate. Zanele was alone at home at the time and while the accused was there with her, neighbours saw her crying. But she assured them she was fine.
The State claimed Kutumela then raped and strangled her. He allegedly left her lying on her stomach and covered her with a blanket. He is said to have stuffed her pyjamas and underwear into his backpack before leaving the complex.
Kutumela said that on the day of the incident he was on his way to work, but he took the wrong taxi and ended up near Zanele’s home. He went to visit her and they had consensual sex. He said her phone rang and after answering it, she appeared anxious for him to leave.
He said a neighbour came to ask her whether everything was in order with her and she said yes. They then again had sex before he left for work.
Kutumela said when he returned home from work that night, he heard she was dead. “I was scared as I had visited her earlier that day and the police questioned me.”
Zanele’s father, Temba Khumalo, the spokesman for the Department of Water Affairs, testified that he met the accused in 2010, shortly before his daughter’s matric dance.
She told him she would invite Kutumela along as her date and he insisted on first meeting him.
Kutumela was invited for a Sunday lunch, during which Khumalo questioned him at length to establish “what kind of person he was”.
Kutumela told Khumalo that he had dropped out of university due to financial constraints, but that he was working very hard to save money to further his studies.
“He said he planned a bright future with my daughter. I felt my daughter was in safe hands as he was a man who was planning his life. I relaxed and accepted him as my daughter’s boyfriend. I told him I loved my children very much and that she may not be harmed in any way.”
Khumalo said when he and his family went on holiday that December, he could see Zanele was not herself. She, however, assured him that everything was in order.
Two months later, in February last year, he found out that Zanele was pregnant. Although he was upset, he had no choice but to accept it. Her aunts went to Kutumela’s home to discuss the pregnancy and subsequent payment of damages and the accused fully accepted his responsibilities in this regard.
Khumalo said before these negotiations were concluded, he one day arrived home to find his daughter looking very distressed. He then had a father-daughter talk with her.
The State at this point launched an application to allow hearsay evidence and argued that it would be in the interests of justice for the court to allow this. It mainly pertains to statements Zanele made to her father and a friend, as well as allowing her diary to be presented as evidence. She apparently made several entries, which the State said were relevant to this case.
His lawyer vehemently opposed this and said it would prejudice the case of the accused.
Acting Judge Johan Kruger will on Tuesday deliver his ruling in this regard, after which Khumalo will proceed with his evidence.
Pretoria News