Durban — AfriForum’s Private Prosecution Unit, which is representing murdered DA councillor Nhlalayenza Ndlovu’s family, has written to newly-appointed Police Minister Senzo Mchunu, his deputy and police management, raising serious questions about the status of the investigation.
The letter comes nearly a year after Ndlovu was gunned down in front of his family and his case has not been solved, nor have the police given his family a meaningful update to suggest they are any closer to catching his killers.
“AfriForum’s Private Prosecution Unit, which represents Ndlovu’s family, has now approached the Police Ministry to intervene following the abject failure of SAPS Crime Intelligence, its leadership and the so-called the so-called political task team to make in-roads,” said Private Prosecution Unit communications manager Barry Bateman.
Reviewing what has happened, Bateman said:
- Assassins murdered the uMngeni Municipality chief whip in front of his wife and children on December 4 last year, shooting him more than 10 times.
- In January, the DA’s Independent Task team selected the unit as its operational partner to lead the investigation into Ndlovu’s murder. It was formally briefed to provide support and legal assistance to the slain councillor’s family.
- Since January the unit, led by Advocate Gerrie Nel and supported by its senior investigators, has conducted extensive consultations and followed up on numerous promising leads in the uMngeni area.
- In April, the unit announced that it had secured potentially critical evidence that could solve the investigation, but Major General Dumisani Khumalo, head of police Crime Intelligence, shut down all communication with the unit and, in effect, the victims of this heinous crime.
- Now (October), in a letter to the newly-appointed Police Minister Mchunu, his deputy and police management, Advocate Nel has raised serious questions about the status of the investigation.
“We reiterate that the unilateral decision that SAPS not communicate in a meaningful way with the widow of an assassinated councillor amounts to a grave dereliction of duty and may even be an admission of their inability to respond to the issues dealt with in our letter dated March 19,” Nel said.
“In the absence of an explanation indicating otherwise, the only reasonable inference is that Khumalo’s decision not to communicate with our clients is in fact a blatant attempt to mask rank incompetence and an inability to execute rudimentary policing functions or a deliberate attempt to avoid solving the matter. In addition, the deliberate delay caused by Khumalo and his team, undoubtedly irreparably prejudiced the investigation and a possible successful prosecution.
“Whether Khumalo and his team are failing to fulfil their duty or are incompetent, to expect our clients to accept the investigating team’s assurance that the matter is receiving attention without any meaningful engagement is not only dismissive but pays lip service to SAPS’ commitment to be victim-focused,” continued Nel.
In the nine-page letter, titled MURDER: MPHOPHOMENI CAS 09/12/2023: OUR CLIENT: P NDLOVU AND THEFT AND POSSESSION OF STOLEN PROPERTY: HOWICK CAS 34/01/2024 OUR CLIENT UMNGENI LOCAL MUNICIPALITY STATE v DERRICK BUTHELEZI, AfriForum’s first point said the correspondence refers to the two matters referenced above and is more pertinent to their letter to General Masemola and Khumalo dated April 18.
“We write this letter to your office and those of the two deputy ministers because of the conduct of the Head of Crime Intelligence, Khumalo, and what we perceive to be the National Commissioner of Police, General Masemola’s regrettable and undeniable support for such conduct,” AfriForum said.
“Neither Gen. Masemola nor Khumalo have responded to our letters.”
AfriForum provided background which included: witnesses in their (AfriForum) interviews revealed what appears to be a criminal scheme involving the unlawful sale of government land and the illegal provision of services to occupants on the land. It is believed that Ndlovu’s objection to and attempts to thwart the criminal enterprise from continuing may have been the motive behind his assassination.”
Touching on their controversy, AfriForum said they respectively submit that there is no doubt that the ministry inherited a chaotic department riven by state capture and devoid of investigative capability. However, they are encouraged that Mchunu’s leadership at the helm of the seventh administration appears to be more realistic and mature in its approach to policing expectations and has an appreciation of the work his department has cut out for itself.
“... we must point out that following the assassination of Ndlovu in December 2023, our client and her family have had to abandon their homestead and have been living with relatives for months now,” the letter read.
“This situation persists without any progress in the investigation, which strengthens our contention that this case requires the allocation of competent detectives with the requisite skills, and a resolution from SAPS to deal with cold-blooded killers roaming the streets unaffected by their deeds. At the same time, SAPS told us as well as our client and other family members months ago that they had solved the case.”
The letter read that on May 8, the investigating team met with their clients and them. The team, following strict instructions from their commanders, refused to engage with us as the family’s legal representatives.
“What followed is nothing short of farcical yet considered to be professional conduct by the police officers involved. For our clients to have questions about the investigation answered, we had to leave the room with them in order to give them the questions to be put to the investigating team. Our clients and ourselves would then re-enter the room whereafter our clients repeated those questions so the SAPS could then respond to them,” the letter read.
“Following our meeting, we understood why the Crime Intelligence operatives investigating the matter refused to engage with us. Their feedback merely proved their inability to respond to pertinent questions about the investigation.
“This behaviour, we submit, does not do justice to the victims of crime. Despite our attempts to engage with two of the most senior generals in SAPS, Khumalo continues to fail and even refuses to show any intention to foster relationships of cooperation that will bring justice to the victims of crime. General Masemola has yet to respond.”
The letter went on to say that AfriForum acts for Ndlovu’s widow.
“Our brief is to ensure justice is done and the perpetrators are arrested and prosecuted. Nonetheless, SAPS refuses to report on the status of the investigation or to receive information relevant to the matter.
“We implore your office to ensure that SAPS fulfils its constitutional obligation to engage with us in the best interests of our clients and the broader communities they serve.
“We are not averse to approaching the court to force the SAPS to do their duty and comply with their obligations.”
Bateman added that AfriForum’s Private Prosecution Unit remains committed to availing its seasoned members’ expertise to the SAPS to arrest and prosecute the culprits, whose identities and motives are known. But this requires an open door and a commitment from SAPS to building a working relationship that puts the interests of society and the victims of crime at the forefront.
He added that the unit is not averse to approaching the courts to compel the police to do their duty and fulfil their obligations.
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