From left former Sergeant Bonginkosi Dlamini, Sibongile Ndlovu, her husband Felokwakhe Ndlovu, former Lt. Colonel Khephu Ndlovu, and the couple's son Lindokuhle Mbonambi at Pinetown Regional Court on Tuesday morning.
Image: Nomonde Zondi
Two former senior police officers and three others have each been sentenced to 17 years' imprisonment by the Pinetown Regional Court for corruption and accepting a R120,000 bribe to fudge evidence in the 2018 murder case of KwaNdengezi ANC branch leader Thulani Nxumalo.
The convicted individuals are former police officers Sergeant Bonginkosi Dlamini and Lieutenant Colonel Khephu Ndlovu, alongside Sibongile Ndlovu, her husband Felokwakhe Ndlovu, and their son Lindokuhle Mbonambi. Sibongile wanted her husband, Felokwakhe Ndlovu, to be acquitted in the murder case of Nxumalo.
The bribe was paid in 2020 at the Durban Central police station when Sibongile met with the officers. Dlamini was the investigating officer, while Lt. Colonel Ndlovu acted as the coordinator for the plot to save Felokwakhe. Additionally, Mbonambi was involved in hiding the firearm used to kill Nxumalo, who opposed Felokwakhe’s illegal sale of Ingonyama Trust Land intended for community development.
During sentencing on Tuesday morning, Magistrate Muntukayise Khumalo stated that there were no exceptional or compelling circumstances to justify deviating from the prescribed minimum sentence.
Former detective Sergeant Bonginkosi Dlamini, who accepted a bribe to weaken evidence in a 2018 murder case that he was investigating.
Image: Nomonde Zondi
“This court is not persuaded that there are compelling circumstances, as there are clearly no prospects of rehabilitation on the side of the accused. Aggravating factors far outweigh the mitigating factors,” he declared.
The magistrate stressed that even if the court erred on the lack of exceptional circumstances, the severity of the offences warranted the minimum sentence.
Magistrate Khumalo highlighted the betrayal of public trust by the former officers. Dlamini and Lt. Colonel Ndlovu, who was entrusted with ensuring the safety of South Africans and protecting crime victims, instead turned the SAPS batch upside down and interfered with State witnesses, knowing a person had died.
He identified Felokwakhe and Sibongile as the primary instigators, stating: “It is apparent that Felokwakhe and Sibongile are the authors of their misfortune. They behaved like the law did not exist.”
The court noted the chilling detail that State witness Piti Langa provided, and was killed after providing statements implicating Felokwakhe in the murder case. The magistrate pointed out that Sibongile was apparently ordering a star witness, who cannot be named, to comply with their demands and not implicate Felokwakhe, threatening them with the same fate as Langa if they refused.
“This raises questions as to how many individuals had been killed to shield accused 3 (Felokwakhe).”
From left convicted killer Felokwakhe Ndlovu, former Lt. Colonel Khephu Ndlovu and Felokwakhe's son Lindokuhle Mbonambi at Pinetown Regional Court on Tuesday morning.
Image: Nomonde Zondi
Magistrate Khumalo stated that the murder of Nxumalo, being politically related, had the potential to incite violence. Furthermore, he commented that it was unfortunate that Mbonambi was implicated in protecting his father, Felokwakhe, by hiding the murder weapon, noting that Mbonambi had done so stupidly.
The magistrate concluded that the former police officers and their co-accused showed no remorse. He acknowledged that Dlamini and Sibongile had been incarcerated for six years, but attributed the delays in the matter to the various applications they brought.
Finally, Magistrate Khumalo declared all the accused unfit to possess a firearm. Moreover, Felokwakhe’s life sentence for the murder of Nxumalo will run concurrently with his 17-year sentence.
Following the conclusion of the court proceedings, members of the Ndlovu family defied a court orderly's instruction not to communicate with the convicted criminals. When members of the Political Killings Task Team intervened, the angry family members began threatening them, causing a scene.