A FORMER ward councillor was sentenced, in the Durban Regional Court last week, to 10 years jail for various offences linked to him breaking the curfew during the July 2021 unrest.
The councillor said he was trying to urgently get medication to the child of a friend who was with him when police found four boxes of looted frozen meat items in his vehicle and a loaded firearm on his hip, which was reported stolen in 2016 by a police officer.
Mpumelelo Romeo Zuma, 47 was driving his Hyundai H1 in the Mariannhill area with a flashing blue light and Sthembiso Hlongwa, 41, was a passenger when they were stopped about midnight on July, 17, 2021.
He was charged for theft of the firearm and meat, ignoring the curfew, unlawful possession of a firearm and ammunition, unlawfully operating a blue light, and fraud.
Zuma’s two fraud charges stemmed from him transferring ownership of the H1 to a friend without permission and for not disclosing assets while his divorce proceedings with his wife were pending.
Magistrate Anand Maharaj jailed Zuma for 10 years for the unlawful possession of the firearm and three years’ detention for the balance of the charges, which will run concurrently with the 10-year term.
According to media reports, Zuma resigned as a councillor in 2018.
Hlongwa was charged with and convicted of breaking the curfew and theft of the meat items and was fined R10 000 or one year imprisonment.
The four police officers responsible for the arrests provided a similar version of events in court.
After noticing the H1’s flashing blue light, they checked its number plates and learnt it was not a police vehicle before stopping it.
Zuma approached the police and identified himself as the ward 32 councillor.
A Glock pistol was found on his waist and two boxes of cows’ hoofs and whole frozen chickens respectively were found in the vehicle.
They said Zuma gave no explanation for possessing a loaded unlicensed gun nor did either of them explain why they broke the curfew or indicate they had medication for a child.
There were no other occupants in the vehicle.
Bonginhlanhla Mkhize told the court he gave Zuma his ID details previously to register their business venture, but not to transfer vehicle ownership to his name.
Zuma’s wife, Phumelele, testified that they lived separately as divorce proceedings were under way.
She confirmed the H1 was his, he had two firearms, and the licensed one was removed and kept at the Montclair SAPS because of a protection order she obtained, and he had the unlicensed gun since 2017.
Both accused pleaded not guilty to all charges.
In their Section 115 admission statements in terms of the Criminal Procedure Act, Zuma said Hlongwa was at his Pinetown home when his child’s mother called about 9pm to say the infant was in urgent need of medication.
They drove unsuccessfully in search of medication.
“We eventually got some medication (allergex) in Dassenhoek and drove to Nkanyezi to drop it off, but were stopped by five men wanting a lift and were heading in the same direction.
“They promised to show us safe routes as some roads were blocked due to the looting,” read the statement.
Zuma said they agreed.
He noticed the men had a box and they told him it contained looted items gathered from the street.
Zuma said during the search of his vehicle an officer questioned him about a black firearm found.
“I don’t know, I have never seen it before,” he responded.
He told the officer the food items belonged to the other passengers who the officers released, but they arrested Hlongwa and him.
Zuma admitted to having the blue light, which was kept in the glove compartment.
He also admitted to transferring ownership of the H1 to Mkhize because his divorce proceedings had become “toxic”, but he planned to reverse ownership once the process had been completed.
Hlongwa gave a similar account, admitted to breaking the curfew regulations and denied the food items were his.
State prosecutor advocate Kuveshni Pillay asked why they had not called an ambulance or directed the child’s mother to a medical facility with a trauma unit.
Pillay asked Zuma about his failure to inform the police officers about the medical emergency and probed Hlongwa’s belief that allergex was potent enough to treat the child’s Covid-like symptoms.
She said Zuma’s secreting of assets was “unethical”.
Maharaj found their versions “highly improbable”.
He also found that there had been no five other occupants. The police would not have checked the plates to confirm the H1 was a police vehicle had they not seen the flashing blue light.
Maharaj found it odd that the mother of the child was not asked to testify about their medical emergency alibi.
He convicted them on all the charges.
SUNDAY TRIBUNE