Kwanele Khumalo was sentenced to 25 years in prison for the murder of Westville prison warden, Rishinund Maharaj, who was killed in his Westville home on September 12, 2024.
Image: File
The Durban High Court on Tuesday sentenced Kwanele Khumalo to 25 years in prison for the murder of Westville prison warden, Rishinund Maharaj, who was killed at his home in Westville on September 12, 2024.
Khumalo entered a guilty plea in terms of Section 105(1)(i) of the Criminal Procedure Act.
In his statement to the court, Khumalo recounted the events of that day. He said that while visiting Ntobelo Lushozi at a residence in Montclair, together with Thabiso Thusi, he received a call about a possible robbery at a house on Baden Road in Westville.
Khumalo and Thusi, both armed with an unlicensed firearm, then made plans to rob the property of jewellery and cellphones, intending to sell the stolen items and divide the proceeds with Lushozi.
They arrived at the Baden Road property at around 11am and gained access through an open gate.
“Thusi and I were armed, and we entered the property pointing our firearms. I instructed Lushozi to stand guard at the entrance gate of the house,” he explained.
Once inside, they encountered two Indian men. One ran further into the house, and a struggle broke out between Khumalo and Maharaj.
During the altercation, Khumalo shot Maharaj. He then took a cellphone, fled the scene with Thusi, and escaped in a vehicle. He later learned through media reports that Maharaj had died from the gunshot wound.
Thusi, who had been arrested alongside Khumalo, is currently on the run after being granted bail by the Pinetown Magistrate's Court.
Khumalo also admitted to separate crimes committed in May 2023. He told the court that while in Malvern with Lushozi and another associate, and armed with an unlicensed firearm, they drove around in a stolen Toyota Etios looking for a target. They identified a house with an open kitchen gate but a closed main gate, and he and Lushozi climbed over the fence to gain entry.
Inside, Khumalo found a remote control hanging on the wall, which he used to open the main gate and allow the stolen Toyota Etios onto the property. They encountered two women, locked them in a bathroom, and searched the house for valuables.
“I went to the main bedroom and found a jewellery box containing watches. I took these and proceeded to the lounge and took a television set. The items were loaded into the Toyota Etios, and we fled the premises,” Khumalo told the court.
Their escape was cut short when members of the South African Police Service spotted the vehicle and gave chase. During the pursuit, police fired shots and the car overturned.
Khumalo managed to escape on foot, taking the stolen jewellery with him and leaving Lushozi and the driver behind. He later sold the items for R4,000, and the money was shared.
In court, Khumalo expressed remorse and accepted responsibility for his actions, stating that he believed he could be rehabilitated.
His legal representative, Advocate T. Mthembu, told the court that Khumalo was willing to testify as a State witness against his co-accused if necessary.
The court sentenced Khumalo to 25 years’ imprisonment for murder, 15 years each for two counts of robbery with aggravating circumstances, 10 years for possession of an unlawful firearm, five years for unlawful possession of a firearm, and one year for possession of unlawful ammunition.
All sentences will run concurrently with the murder sentence. “The effective sentence is 25 years' imprisonment,” said Judge Mahendra Chetty, as he confirmed the plea agreement.
Kwanele Khumalo was sentenced to 25 years in prison for the murder of Westville prison warden, Rishinund Maharaj, who was killed in his Westville home on September 12, 2024.
Image: File