Durban — The Nxumalo family were overcome by emotions and cried after the Durban High Court sentenced three men who killed the ANC branch leader of KwaNdengezi, Thulani Nxumalo.
There was ululation in court from the community and ANC members when Judge Graham Lopes sentenced induna Felokwakhe Ndlovu, Nkosiyanda Ndlovu and Nkosinathi Mbambo.
Nxumalo was killed in September 2018 by Mbambo, who was hired by Felokwakhe to kill him. Mbambo was paid R2000 for killing Nxumalo. His widow, Makhosi, said this was proof that if one worked hand-in-hand with the police they’ll get justice.
“Police do their work, we have to be patient and follow their instructions. My husband will not come back, but I am grateful,” she said.
Makhosi, who was crying, went on to hug the legal team and said “thank you”.
Her daughter, Thandazile Khuzwayo, said she was so happy.
“We saw how dad died, we were there when mom picked up some of his body parts. I’m sure mom would be able to sleep now because she had not been able to since she got death threats and she had to move to another area.”
Before Judge Lopes handed down sentence, the State prosecutor, advocate Elvis Gcweka, standing in for advocate Lawrence Gcaba, told the court that the three men should get life imprisonment.
“Felokwakhe orchestrated the whole thing even though he was a relative of the deceased. He did not care about that,” said Gcweka.
Lourens de Klerk, representing Felokwakhe, said he did not go to school but had seven children. Three of them were adults and others were still in school with the youngest being 8 years old. He said both Felokwakhe and his wife, Sibongile Ndlovu, were in custody.
De Klerk said Felokwakhe’s eldest daughter was looking after her siblings. Felokwakhe was a first-time offender, had a house and approximately 20 cattle, he said. He argued that he should get 25 years’ imprisonment.
Shaheen Seedat, representing Nkosiyanda, asked him to go to the witness stand to answer questions. Nkosiyanda told the court that he had a 10-year-old child and he used to work as a grass cutter and made R3000 a month.
When Gcweka asked him what he had to say to the community, he said: “I’ve been found guilty of a firearm and ammunition that were not found in my possession. I’m not remorseful because I did not commit the crime.”
Seedat told the court that the appropriate sentence for his client was 20 years, apart from the four-and-a-half years he had spent in prison. He argued the sentences should run concurrently.
Manoj Hardeo, representing Mbambo, who pulled the trigger, said his client had no previous convictions. He said he had been in custody for four-and-a-half years.
“Before his arrest he was working and supporting his two children who are 7 and 3 years old.”
Hardeo argued he should get 20 years.
Judge Lopes said Felokwakhe’s lack of education would not be excused because it did not stop him from obtaining a high position – being an induna, having 20 cattle and a homestead.
His position needed him to be truthful and neutral to solve matters, but he failed to do that, he said. He could have sought a solution between him and Nxumalo, but decided to kill him. He said he had to give the trio a severe sentence to teach others a lesson.
The trio were found guilty on all four counts – conspiracy to commit murder, murder, possession of an unlawful firearm and possession of ammunition.
Felokwakhe was sentenced to life imprisonment on count one, a life term on count two,15 years in prison on count three and five years on count 4.
Nkosiyanda, who took Mbambo to go and kill Nxumalo, was sentenced to 20 years in jail on count one, 20 years in jail on count two, 10 years on count three and five years on count four.
Mbambo was sentenced to life on count one, life on count two, 15 years on count three and five years on count four. All the sentences of the trio will run concurrently.
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