Murder accused Faith Nongcebo Ntombela, her lover Khulani Cele, and school principal Sithembiso Khumalo appeared in the Mlazi Magistrate's Court. Ntombela has since pleaded guilty to killing her husband and is testifying against her co-accused.
Image: Nomonde Zondi
A primary school principal who is denying a murder charge has told the Durban High Court that he had no reason to kill Durban metro police officer, Captain Zwelakhe Thomas Ntombela, as he was not going to benefit from anything.
During his evidence-in-chief, the principal, Sithembiso Justice Khumalo, further denied knowing Captain Ntombela and his home in Umlazi.
Khumalo is alleged to have conspired with hitman Khulani Cele to have the captain killed in May 2023. Captain Ntombela was gunned down outside his home in Umlazi.
He later died in the hospital.
Following his death, Mandlenkosi ‘Mzo’ Ntombela was arrested as the shooter. Upon being apprehended, Mzo pleaded guilty and spilled the beans on who sent him, implicating Faith Nongcebo Ntombela, the wife of Captain Ntombela, Cele, and Khumalo.
Mzo was then sentenced to 20 years' imprisonment. Faith also pleaded guilty after she was denied bail by the uMlazi Magistrate’s Court, further implicating her boyfriend, Cele, and Khumalo. She was sentenced to life imprisonment by the Durban High Court.
Faith Nongcebo Ntombela was sentenced to life imprisonment for killing her husband Captain Zwelakhe Ntombela.
Image: Sibonelo Ngcobo / Independent Newspapers
During court proceedings on Thursday, Khumalo told the court that he was working together with the Hawks to help them with this murder case. This collaboration, he said, began after the Hawks questioned him about being in possession of Captain Ntombela’s vehicle, a red Suzuki.
Khumalo claimed that Faith had given him the vehicle for repairs. Furthermore, he claimed he knew Faith as Cele’s wife.
Khumalo also testified that he contacted the investigating officer when his male helper informed him that Mzo, who was also his employee, had arrived with firearms.
The firearms in question are alleged to belong to the slain captain, and they were allegedly found in Khumalo's possession.
Khumalo explained: “Because we were working together with the police. I called them about this. I wanted to protect the boy (the helper) because he had touched the firearms, which is why I called the investigating officer.”
The principal added that Cele, currently serving a life sentence for an unrelated murder, is his neighbour at KwaMaphumulo, and their communication was mainly about updating him on his family.
As Khumalo was leading his evidence, senior State prosecutor advocate Krishen Shah noticed that he kept referring to notes he had taken while seated in the dock.
A brief legal argument erupted; Shah argued that if Khumalo was using his notes, the State was entitled to a copy as a rule of evidence. “It's either those notes are made available to us, or he closes the notebook,” Shah insisted.
Khumalo’s counsel, advocate Mduduzi Mvune, defended his client, stating: “I am not aware of any law that forces him to show his notes to the State or to the court. Unless there is an allegation that he has additional information besides notes.”
However, Judge Bruce Bedderson ruled in favour of the State, stating that it was a matter of fairness. “If he is going to use the notes to refresh his memory, they should be made available to the State. They are entitled to have them,” the judge said, noting that Khumalo had been taking notes throughout the trial.
Before Khumalo’s testimony, Judge Bedderson had already dismissed his application under Section 174 of the Criminal Procedure Act, which sought to have the charges withdrawn because the State lacked a prima facie case against him.
The judge found that a prima facie case had been established, meaning Khumalo had a case to answer.
Shah is scheduled to begin his cross-examination of Khumalo on Tuesday.