Durban — The Durban High Court has criticised the South African Police Service (Saps) for the trauma it caused to the Thulani Nxumalo family who had to pick up pieces of his body at the crime scene.
Nxumalo was the ANC KwaNdengezi branch leader when he was murdered outside his home in September 2018.
Judge Graham Lopes was handing down his judgment in the case against the three men on Wednesday when he described what was done on the fateful day to Makhosi Nxumalo, Thulani’s wife, as careless and inhumane.
“Some body parts of Nxumalo were left on the scene which forced his wife to clean it up herself. This showed that these people did not care about the family. I want the court secretary to take this up with the provincial leadership in the force,” said Judge Lopes.
Moreover, he said this was against Makhosi’s tradition and religion. He said no one should ever have to go through what she went through. “This left the deceased wife traumatised,” he said.
He added that when Nxumalo’s body was moved from the crime scene, it did not sustain any other injuries. Nxumalo sustained gunshot wounds to the head, neck and chest.
Felokwakhe Ndlovu induna of KwaNdengezi, Nkosiyanda Ndlovu and Nkosinathi Mbambo were found guilty of killing Nxumalo. Sentencing will take place next month.
Moreover, when Judge Lopes handed his judgement, he mentioned that three months before Nxumalo was slain, there was a meeting between him and Felokwakhe, about Mrs Makhathini – first name not mentioned – who was shot and killed.
He said after Makhathini lost her husband, Felokwakhe took advantage and sold a part of her land. He said before Makhathini died she had reported the matter.
However, when she died Felokwakhe went to Nxumalo, who was also a member of the community policing forum (CPF), to tell him to not say anything to the police about land disputes that Makhathini had reported. However, Nxumalo refused to do that.
“It was not easy for Makhathini to go to the chief on land issues as a widow because of tradition,” he said.
Moreover, he said Felokwakhe was arrested on a charge of murder of Mrs Makhathini and he suspected that Nxumalo was the one who reported him. Judge Lopes said after the death of Mrs Makhathini selling of her land was discontinued. He added that Felokwakhe sold people’s RDP houses illegally.
“He sold people land which was close to transformers and sewage pipes which is not allowed by the municipality,” explained Judge Lopes.
Furthermore, he said Felokwakhe was unhappy with Nxumalo. He complained that Nxumalo did not respect him as an induna in the area. He was also not happy that some issues in the area were reported to him.
Judge Lopes further revealed that Felokwakhe had tried to kill Nxumalo before where he had hired two hitmen who had passed away. The State witness, Mzi Makhubalo, was also part of those people and his job was to monitor Nxumalo’s movements.
Makhubalo was the one who also told Felokwakhe of Nxumalo’s whereabouts in 2018 before he was shot.
Moreover, Judge Lopes revealed that when Felokwakhe did not succeed with killing Nxumalo in 2016 and 2017, he got Mbambo and Nkosiyanda to assist him after his then-hitmen passed on. He also said after killing Nxumalo, Felokwakhe had planned to kill Mbongeni Ngwenya, who Felokwakhe described as someone who was like Nxumalo and said he had to be removed.
“Evidence against Felokwakhe implicates him on all four counts,” the judge said. Makhubalo was set free because he had turned State witness and the court found his evidence to be truthful.
The trio were found guilty on all four counts, murder, conspiracy to commit murder, unlawful possession of firearm and unlawful possession of ammunition.
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