Durban — There was a turn of events in the murder case of an ANC branch leader from KwaNdengezi near Pinetown, Thulani Nxumalo, when the lawyer of one of the accused asked the Durban High Court on Friday to give her more time to go through the court transcripts.
Lawyer T Ncwane, who is representing a second suspect in the case, Nkosiyanda Ndlovu, asked the court to give her two days to finish going through the transcripts and to consult her client. This resulted in the case being postponed to October 24. Ndlovu is accused with Felokwakhe Ndlovu, the first suspect, an induna (community leader) from KwaNdengezi and Nkosinathi Mbambo. The trio are facing charges of conspiracy to murder, murder, possession of an unlawful firearm and unlawful possession of ammunition. Nxumalo was gunned down at KwaNdengezi near Pinetown in September 2018 after returning from an ANC meeting.
Before his murder, Nxumalo had complained about someone constantly calling him during the meeting. In a charge sheet the State alleges that Felokwakhe Ndlovu was selling plots of land for his own benefit at KwaNdengezi. Nxumalo had started to investigate the matter and as a result their relationship soured.
The State further alleges that Ndlovu decided to kill Nxumalo. He approached Nkosiyanda and Mbambo to assist him, and they conspired to eliminate the deceased.
“On the evening of September 3 2018 Nkosiyanda and Mbambo went to Nxumalo’s residence armed and waited for the deceased not far from his home. Nxumalo, who had attended a branch executive committee meeting, alighted from a friend’s vehicle a short distance away from his home. While he was approaching his home the assailants fatally shot Nxumalo several times and fled the scene,” alleges the State.
According to the State, Nxumalo sustained bullet wounds to the head, neck and chest. The police recovered the firearm used. It had a magazine loaded with six live bullets.
The firearm was ballistically tested against seven spent cartridges found at the scene and it was confirmed that they were fired from it.
The State adds that at all relevant times during the commission of these offences, the accused acted in furtherance of a common purpose.
“It is at present unknown to the State precisely when, where and or in what manner the common purpose was formed, but it is alleged that it was in existence at least immediately prior to and for the duration of the commission of the offences.”
The three suspects are to remain in custody until the case resumes on October 24.
Speaking to the Daily News, Nxumalo’s wife, Makhosi, said she was happy with how the case was being handled.
“I believe that justice will be served, now that we are here I can see that we are not far from it.
“I trust the law,” she said.
Ndlovu is also a co-accused in another case, where two senior police officers are accused of accepting a bribe of R120 000 from his wife, Sibongile Ndlovu, to fudge evidence in the murder case. Ndlovu is accused alongside Captain Bonginkosi Dlamini of the Hawks, Lieutenant-Colonel Khephu Ndlovu of the SAPS, his wife, Sibongile, and their son, Lindokuhle Ndlovu.
Daily News