Durban — The three men accused of killing an ANC branch leader, Thulani Nxumalo, of KwaNdengezi in Pinetown, have distanced themselves on charges that the State has brought against them.
The State alleges that they conspired to kill Nxumalo in 2018. They are accused of murder, conspiracy to commit murder, unlawful possession of a firearm and unlawful possession of ammunition.
The accused are Felokwakhe Ndlovu, an induna of KwaNdengezi, Nkosiyanda Ndlovu and Nkosinathi Mbambo.
On Monday Nkosiyanda and Mbambo disputed their confession statements in the Durban High Court.
Nkosiyanda claimed that the first witness, Celani Dlamini, lied to the court. Dlamini had told the court that the trio killed Nxumalo. Nkosiyanda, who allegedly drove the white Toyota Corolla on September 3, 2018, said: “I did not know Nxumalo; I did not have any grudges against him or involvement in the planning (of his murder). I have never been sent by an induna (Felokwakhe) to go and kill Nxumalo.”
Nkosiyanda and Felokwakhe are cousins. Nkosiyanda denied all the charges against him and denied going to the Mangabantu shisanyama/butchery.
Last week the State alleged that the trio went to Mangabantu to braai meat after killing Nxumalo. Felokwakhe the first accused, said he had never been there. Nkosiyanda claimed he has never been there in his life.
Senior State advocate Lawrence Gcaba said: “In your confession statement, you stated that you are scared of Felokwakhe.”
He assured Nkosiyanda that he could feel free to tell the truth.
But Nkosiyanda disputed being scared of Felokwakhe and proceeded to deny his confession statement.
Attorney Manoj Hardeo representing Mbambo asked Nkosiyanda if he knew Mbambo prior to Nxumalo’s death or afterwards.
“I knew him when Nxumalo was alive. I saw him in Pinetown at Sanlam Centre, I was with Felokwakhe when I met him. He introduced me to him and I gave him a lift to a taxi rank because he had groceries. I never saw him after that, until we were both arrested,” he replied.
Nkosiyanda said when Felokwakhe introduced him to Mbambo he told him that Mbambo was a neighbour of his uncle.
Gcaba said Felokwakhe had told the court that Mbambo was a neighbour and best friend of his cousin at KwaNgcolosi, Thula Mabaso.
When Mbambo got into the dock he told the court that the arrest was “abuse”, and that he left his children who are very young. He said police officers assaulted him and put a plastic (bag) over his face.
“I nearly died. What makes me sad is that the prosecutor is charging us with one firearm… I may not be a lawyer, but I have not heard of this,” he said.
Judge Graham Lopes explained to Mbambo that the State is alleging that there was a common purpose among the accused to kill Nxumalo, and that this is why they are all facing the same charges. He said the State needed to show the court that they all knew about the gun, that they conspired, agreed that the gun would kill Nxumalo and that they would be charged with it.
“That is how the law works,” Judge Lopes said.
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