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 money paid to them to compromise evidence in the murder case of ANC branch leader Thulani Nxumalo.
The Convicted Officers
The Scheme
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 by making contact with the officers investigating the murder.
Dlamini also interfered with a State witness, pressuring him to retract his statement against Felokwakhe. The couple’s son hid the firearm used to kill Nxumalo.
The bribe exchange took place at the Durban Central police station parking lot.
The State’s Argument
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.”
“This corrupt act was committed in the premises of the SAPS. How disrespectful is that?”
He insisted 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. He also drew attention to the current national crisis, referencing the Madlanga Commission , which was established due to the widespread rot in 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.”
The Defence
Advocate JP Broster argued that the court should focus on the charges against his clients and that they should not be unduly criticised simply because they were police officers.
He urged the court to consider that Dlamini has been in custody since February 2020, and sought to separate the concepts of mercy and remorse: “Mercy is not a reward for remorse.”
Laurens DeKlerk , representing Felokwakhe (who is already serving life for Nxumalo’s murder), requested that any sentence run concurrently with his existing life sentence.
The Decision
Magistrate Muntukayise Khumalo is expected to deliver his sentence in late April, stating he requires a few days to consider the submissions.
The Bottom Line
A bribe paid in a police station parking lot. An investigating officer who took the money. A witness pressured to retract. A killer’s wife and son involved.
The State says: show no mercy. The court will decide. But the rot in SAPS is already exposed.
