Fumigator charged over Durban couple’s deaths

A Durban man has been charged with culpable homicide in connection with the deaths of Nicholas and his wife, Matri Molver, whose bodies were found in their Musgrave flat.

In September 2022, the caretaker of Observatory Building became concerned when the couple did not leave for work and alerted Nicholas’s brothers, Matthew and Luke, who also lived in the same building. The brothers, who had a key to the family-owned flat, found the couple dead. They had been married for four years.

It was reported that an adjoining vacant flat had been fumigated using a white powder-like substance.

Charges the accused faces

On Wednesday, Irshaad Khan, 38, made a first appearance in the Durban Magistrates Court. Khan faces two counts of culpable homicide. According to the charge sheet, the accused unlawfully and negligently caused the death of Nicholas and Matri Molver by exposing them to the harmful chemical aluminium phosphite

Khan also faced contravening section 10 of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act. The charge sheet states the failure to furnish particulars before administering the agricultural remedy. The charge sheet states that the accused failed to issue a pre-treatment notice for a proposed fumigation to the occupants of the living accommodation, including the owner or manager of the building.

Also, the accused failed to display in bold block letters the words: “Notice of agricultural remedies use,” before applying a hazardous product.

Khan is also accused of using or recommending an agricultural remedy for a purpose or in a manner other than that specified on the label for monetary consideration. The state said the accused unlawfully administered an agricultural remedy pesticide, gastoxin tablets (active ingredient aluminium phosphite), for a purpose and in a manner other than that specified on the label on the container.

Fraud charges

Khan is also accused of fraud. The state alleges that he unlawfully and with intent to defraud misrepresented to the flat owner that he is a registered pest controller with a registered fumigation company/business, thereby inducing or attempting to induce the flat owner to hire him for fumigation purposes, causing prejudice or potential prejudice totaling R10,592. The state alleges that when the accused made this misrepresentation, he knew he was not a registered pest controller and his business was not registered.

Family welcomes court appearance

Nicholas’s mother, Zoë Molver, is certain she has a watertight case of culpable homicide that would bring justice for the family. Molver said she was pleased it had reached this stage. She was moved by the support of family and friends in court.

She said over the years she had made friends with people she had not known and somehow they became empathetic to her cause and fought for justice. From the outset, the Molver family blamed the fumigator and the owner of the flat that was being fumigated.

The family contacted a private company to conduct tests in the flat. Molver also enlisted the services of private investigator Muntumuhle Mbhele, who worked alongside the Berea police detective services to bring closure for the family. Mbhele was a former member of the SAPS detective services.

The matter is expected back in court on October 28, 2026.

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