'Show no mercy': State demands tough sentencing for police bribery in ANC murder case

The State on Wednesday implored the Pinetown Regional Court to show no leniency when sentencing two former senior police officers convicted of accepting a R120,000 bribe.

This money was paid to them to compromise evidence in the murder case of ANC branch leader Thulani Nxumalo.

The convicted officers are Bonginkosi Dlamini, the investigating officer in the Nxumalo murder case, and former Lieutenant Colonel Khephu Ndlovu.

In 2020, Dlamini accepted the bribe from Sibongile Ndlovu, the wife of the killer, Felokwakhe Ndlovu, who sought her husband’s acquittal. Khephu Ndlovu assisted Sibongile by making contact with the officers investigating the murder.

In addition to the corruption, Dlamini interfered with State witness Celani Dlamini, pressuring him to retract his statement against Felokwakhe. The couple’s son, Lindokuhle Mbonambi, was also involved, having hidden the firearm used to kill Nxumalo. The bribe exchange took place at the Durban Central police station parking lot.

During the mitigation of sentence, Deputy Director of Public Prosecutions Advocate Lawrence Gcaba strongly argued that the court must bear in mind that these two high-ranking former police officers turned their badges upside down.

Gcaba highlighted the audacity of their actions, stating: “This corrupt act was committed in the premises of the SAPS. How disrespectful is that?”

He contended that the corruption could have occurred at the Ndlovu family home, but they chose to use SAPS premises and a police vehicle to conduct the illegal transaction, demonstrating their lack of respect for the service. He insisted that they should not be shown mercy.

Gcaba reminded the court that Dlamini, as the investigating officer, was fully aware of the Nxumalo family’s pain. The prosecutor also drew attention to the current national crisis, referencing the Madlanga Commission, which was established due to the widespread rot in the SAPS.

“The country as a whole has been exposed to rot at the senior level of SAPS because of corruption. The courts are expected to act and show no mercy to these kinds of offences.” 

Gcaba also criticised Felokwakhe Ndlovu for his cowardice in involving his son and wife in the crime, stating: “The less said about him the better.”

He noted Felokwakhe’s failure to take the stand, unlike his co-accused, opting instead to submit a written piece of paper. 

“He had an opportunity to take the stand and protect his son. People have died because of him. Sons and wives are suffering because of him. But they made those choices themselves.”

Furthermore, Gcaba disputed the defence’s argument for deviating from the minimum sentence for retired Lieutenant Colonel Ndlovu on the grounds of his pensioner status.

“The Supreme Court of Appeal warned that where a minimum sentence is applicable, the court should not deviate for flimsy reasons.” 

In defence, Advocate JP Broster argued that the court should focus on the charges against his clients, Khephu Ndlovu and Dlamini, and that they should not be unduly criticised simply because they were police officers. 

He attributed the delays in the matter, which Gcaba largely blamed on former IO Dlamini, to his client exercising his legal rights. Broster urged the court to consider that Dlamini has been in custody since February 2020. 

Citing case law, he sought to separate the concepts of mercy and remorse, stating: “Mercy is not a reward for remorse.”

Laurens DeKlerk, representing Felokwakhe, requested that any sentence imposed run concurrently with his existing life sentence for Nxumalo’s murder. He characterised the crime as a futile exercise by a family driven by desperation.

Magistrate Muntukayise Khumalo is expected to deliver his sentence in late April.

Khumalo stated he requires a few days to consider the submissions presented by counsel before handing down the decision.

nomonde.zondi@inl.co.za