A plan to hide a firearm that was used to kill an ANC branch leader of KwaNdengezi Thulani Nxumalo was allegedly hatched at Westville prison by his cousin Felokwakhe Ndlovu together with his son.
This would be the argument that deputy director of public prosecutions advocate Lawrence Gcaba would use against Lindokuhle Mbonambi, accused number five in this matter.
Mbonambi is accused along his father Ndlovu, step mother Sibongile Ndlovu and two senior policemen, retired Lietenant Colonel Khephu Ndlovu from SAPS and Captain Bongani Dlamini from Directorate for Priority Crime Investigation.
They are charged with defeating the ends of justice. The two senior policemen allegedly accepted R120 000 bribe from the family to weaken evidence in Nxumalo’s murder.
The state has alleged that Mbonambi took the murder weapon and gave it to his friend Sphephelo Ndlovu on the day they went to church, to protect his father who was already in custody for the murder of Nxumalo.
The State believed that Mbonambi panicked when the police questioned him about his father’s gun and that was why he took it to his friend. However, Mbonambi disputed this, saying he would have given the police the firearm because they assaulted him.
“I was not going to sacrifice my life for a man who is not playing a role of being a father to me,” he said.
Sphephelo was arrested for being in possession of a firearm and was now a witness in the case.
During the cross-examination on Tuesday at the Pinetown Regional Court, Gcaba asked Mbonambi if he visited his father in prison before Sphephelo was arrested. “Yes,” replied Mbonambi.
He asked him why he went to church on that day. “I went there to give Sphephelo something. I also decided to attend the service because I like church and I hardly got the opportunity to go there because of work,” he said.
He disputed that on this day he gave Sphephelo a gun but did not disclose the parcel that he had for him. After a short adjournment, he voluntarily said it was a coat that Sphephelo had borrowed.
Gcaba reminded Mbonambi of the evidence-in-chief that was led by Sphephelo in May 2021. Sphephelo had said when he was arrested he was in the same cell as Ndlovu and he asked him what he said to the police about the firearm.
“He told accused three (Ndlovu) that the firearm belonged to him,” said Gcaba.
Gcaba further asked Mbonambi why his father asked Sphephelo about the firearm and if he had gone to visit his father in prison before Sphephelo’s arrest. Mbonambi said he did.
He then asked Mbonambi if his father had any relationship with Sphephelo.
“He knew him as someone familiar to my uncle. There wasn’t much of a relationship,” said Mbonambi.
He said he knew that Sphephelo had been arrested but didn’t know why, he also did not see the need to go and visit him while he was in custody.
Gcaba told Mbonambi who was being cross examined, that two days after Sphephelo’s arrest the ballistic results confirmed that the gun found in his possession was the one that killed Nxumalo.
He reminded the court that when Sphephelo led his evidence in chief in 2021 he said only he and Mbonambi knew about the gun and the proof was in the text messages that they sent each other. Gcaba reminded Mbonambi that this was not disputed.
Ndlovu is currently serving his sentence for killing Nxumalo. The matter has been postponed to December for arguments.
Sunday Tribune