Durban — The judge presiding over the murder trial of an off-duty Durban Public Order Policing Officer who was murdered at the height of the July 2021 unrest has said she would gladly hand a life sentence to the major role-players in the murder.
The two role-players Judge Carol Sibiya was referring to in the Durban High Court on Monday are men mentioned by name during the trial, but not among the accused and their whereabouts are unknown.
Judge Sibiya was replying to the State addressing her on aggravation of sentence and after counsel for both accused addressed her on mitigation of sentence. Sentencing proceedings for Mzikayifani “Kayelihle” Ndebele and co-accused Sibusiso Ndlela – convicted of the murder of Zolani Leadus Zuma – began on Monday.
Zuma was first shot, stuffed into refuse bags, and then loaded into the boot of his car which was set alight during the height of the July 2021 unrest.
On the night of July 13, Zuma was driving in his blue VW polo dressed in civilian clothes when he came across Ndebele and the assailants who looted goods from looters in a car that Afrika Mthembu was driving.
Zuma chased after Mthembu’s Kia truck in his Polo and fired shots while in pursuit, following them to a house in Tshelimnyama. Once at the house, he confronted Mthembu and the assailants producing his state firearm. Ndebele dispossessed Zuma of his gun and shot him and in the process; a shot also hit his uncle Mthembu in the knee.
Zuma’s car was found burnt the following day, with his charred body discovered in the boot.
Ndebele has been convicted for Zuma’s attempted murder; Ndlela was found guilty of his kidnapping and murder.
The 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 torch it. The two were said to have been part of the execution of this plan.
On Monday, Judge Sibiya questioned the State on the whereabouts of the two. Had they been arrested and before court she would have gladly handed them life sentences for their role, she said.
“Yes the judge is correct we have small fry here, it’s lamentable that Duve and Lungelo were not arrested; they ought to have been tried with them. The minimum sentence applies to accused 2 (Ndlela) however, it would be unjust if life was imposed on accused 2,” said senior State prosecutor advocate Shah.
Duve’s real name was unknown and at some point Lungelo whose last known location was the KK hostel in KwaDabeka was arrested for something else, he said.
“I was told Lungelo was arrested but by the time police got to the station that had arrested him he was gone. It would seem the lead perpetrators are out there leading a good life.”
Ndebele and Ndlela will be sentenced on Wednesday.
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