Durban — A man sentenced for the murder of an off-duty police officer at the height of the July 2021 unrest will appeal his conviction and sentence on Friday in the Durban High Court.
This was indicated after Judge Carol Sibiya jailed him for 10 years on Wednesday.
She sentenced Sibusiso Ndlela, to 10 years in jail for the murder and his co-accused, Mzikayifani “Kayelihle” Ndebele, to four years for the attempted murder of the officer.
Ndlela was also sentenced to a further four years’ imprisonment for the officer’s, Zolani Leadus Zuma’s, kidnapping. His sentences are to run concurrently.
On the night of July 13, 2021, Zuma, in civilian clothes, had been driving his blue VW Polo. 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. He followed them to a house in Tshelimnyama.
At the house, the officer confronted Mthembu and the assailants, producing his State firearm. Ndebele dispossessed Zuma of his gun and allegedly shot him and 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 of 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 torch it. They were said to have been part of the execution of this plan.
Ndlela was allegedly there when Zuma was stuffed into his boot and travelled with Duve and Lungelo to where Zuma’s car was set alight. But he was standing at a distance when this happened and didn’t see who torched the car.
Ndlela’s lawyer, J Hariram, indicated that her client would be appealing both his sentence and conviction.
“My instruction is to appeal both conviction and sentence. At a later stage, I will furnish the full reasons for this. I got the instruction this morning,” she said.
Passing the sentence, Judge Sibiya said she took into consideration that the convicted duo had already spent 20 months behind bars.
“The offences were committed at a time of rampant lawlessness where people were stealing people’s property openly and without shame,” Judge Sibiya said.
“This includes Mthembu, who is the cause of this tragedy by getting his nephew involved in looting…
“The court is satisfied that a correctional supervision sentence is not an appropriate sentence for Khayelihle but one of direct imprisonment would be appropriate. With regards to Ndlela, his involvement included putting Zuma in his car and going with people to burn him in the car. Even when this happened, he continued to stay with Duve and Lungelo.
“It’s regrettable that the culprits are still at large. Even after Zuma was burnt in his car, you (Ndlela) returned to the house and continued to spend time with these two culprits.”
Judge Sibiya said the court had been mindful of the fact that Ndlela was 19 when the crime happened.
“His actions require the court to send a message to him and others who involve themselves in wrongdoing that their youth alone will not get them off the hook,” she said.
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Daily News