Durban — A probation officer, as well as a correctional officer, recommended a custodial sentence for the two men who were convicted in relation to the murder of an off-duty Durban Public Order Policing officer who was killed at the height of the July unrest.
Zolani Leadus Zuma was first shot, stuffed into refuse bags and then loaded into the boot of his car, which was set alight.
Mzikayifani “Kayelihle” Ndebele and co-accused Sibusiso Ndlela are to be sentenced in the Durban High Court today (Wednesday).
On Monday, pre-sentencing reports were handed to the court and probation officer Silondiwe Madondo testified regarding her pre-sentencing report for Ndebele where she recommended a sentence of direct imprisonment for the accused.
“Correctional supervising is not suitable for the first offender (Ndebele),” said Madondo.
On July 13, Zuma had been driving in his blue VW polo dressed in civilian clothes. While driving he came across Ndebele and the assailants who were in possession of looted goods in a car that Afrika Mthembu was driving.
Zuma chased after Mthembu’s Kia truck in his Polo and fired shots while in pursuit. He was following them to a house in Tshelimnyama.
Once at the house, the officer confronted Mthembu and the assailants producing his state firearm. Ndebele dispossessed Zuma of his gun and allegedly shot him. In the process, a shot hit his uncle Mthembu in the knee. Zuma’s car was found burnt the following day, and his charred body was discovered in the boot.
Ndebele has been convicted for Zuma’s attempted murder while Ndlela was found guilty of his kidnapping and murder.
Men named in the trial as Duve and Lungelo allegedly came up with the plan to put Zuma in the boot of his car and to go and torch it, the two were said to have been part of the execution of this plan.
Correctional officer S Khuzwayo testified in relation to his report in respect of Ndlela, where he said that while the accused was not a danger to society, correctional supervision for him did not match the seriousness of the crime. He also said that it was not in the interest of justice for Ndlela to be handed a term of correctional supervision.
Khuzwayo said in his interview with Ndlela that he found that the accused showed no remorse.
In aggravation of sentence, Senior State Prosecutor Krishen Shah read out the victim impact statement of Zuma’s mother Velile Ngcobo.
“My son’s passing devastated and shattered me, I’ve never witnessed such a gruesome act; he was my firstborn child. Seeing my son’s body in such a manner left me shattered, all I was left with was a skeleton,” read Shah from the statement.
Judge Carol Sibiya said that it would be difficult to sentence the two, more especially since Ndebele had been 17 years old at the time of the commission of the crime.
“He (Ndebele) is the one who incapacitated the deceased in order for him to be killed, the court will look at that … The difficulty (of sentencing) has been playing in my mind, these were his friends (Duve and Lungelo) not older brothers from the area that he is used to and he was not under duress.
“It’s already been a painful and difficult period for me, these are not men, these are young boys.”
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