Durban — In its address, the State reminded the Durban High Court on Wednesday why it should take state witness evidence as credible despite the defence council saying the court has to be cautious.
The state reminded the court that the induna Felokwakhe Ndlovu accused of killing Thulani Nxumalo, who was an ANC branch leader at KwaNdengezi, is also facing a case of bribery to an investigating officer of the Directorate for Priority Crime Investigation (DPCI-Hawks) to talk to the state witness Celani Dlamini into withdrawing from testifying against him in the murder case of Nxumalo.
Ndlovu is also facing a case of bribery. He is an accused in a case of bribery, which includes his wife, Sibongile Ndlovu, his son Lindokuhle, SAPS Lieutenant-Colonel Khephu Ndlovu and Hawks Captain Bonginkosi Dlamini.
Ndlovu is alleged to have paid R120 000 to Captain Dlamini.
Ndlovu and his co-accused, Nkosiyanda Ndlovu and Nkosinathi Mbambo, are facing charges of killing Nxumalo in September 2018. They are charged with conspiracy to commit murder, murder, unlawful possession of a firearm and unlawful possession of ammunition.
The trio have denied all the charges. Nkosiyanda and Mbambo also denied making confession statements to the police.
The senior State advocate, Lawrence Gcaba, put it to the court that Ndlovu tried to stop the witness Dlamini, who was his close friend, from testifying against him.
Gcaba further told the court that when Ndlovu had confessed to the witness Dlamini that Piti Langa was also in the car. Langa was killed shortly afterwards. Ndlovu had asked Dlamini to drive him home fast so he could hide a firearm that killed Nxumalo before the police got to it. Langa was also in the car when this was said.
“The three friends got arrested because they were suspected to have killed Nxumalo. Dlamini told the police from the get-go the truth. Both he and Langa were released. Langa was shot and killed a week after his release,” said Gcaba.
He said the evidence presented by Dlamini should be accepted by the court because it corroborates that of another witness, Mzi Makhubalo. Moreover, Gcaba said the court should accept Dlamini and Makhubalo’s evidence.
Gcaba said Makhubalo was present when Ndlovu uttered the words that Nxumalo should be dealt with. Gcaba also said Makhubalo turned state witness after being arrested and told of the part he played in Nxumalo’s murder.
The state added that Makhubalo said he was monitoring the movements of the deceased and that he alerted Ndlovu when Nxumalo was back from the meeting and on his way home.
Ndlovu said to Makhubalo: “If you don’t want to get hurt, get away from that place.”
Gcaba said 15 minutes later, there were gunshots, and Nxumalo was shot and died on the scene. He sustained gunshot wounds to the neck, head and chest. Gcaba said the court should reject Ndlovu’s testimony.
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