Alleged political assassin walks following Crime Intelligence’s refusal to engage with Private Prosecution Unit

3 May 2024

AfriForum’s Private Prosecution Unit has secured potentially critical evidence that could solve the investigation into the politically motivated assassination of Democratic Alliance (DA) councillor Nhlalayenza Ndlovu. Maj. Gen. Dumisani Khumalo, head of the South African Police Service’s (SAPS) Crime Intelligence, has, however, shut down all communication with the Private Prosecution Unit despite its eagerness to assist the police. This illegitimate embargo has called into question the police’s willingness to investigate political murders involving opposition party members, where victims are not aligned with the governing party or its political bedfellows.

Ndlovu, chief whip of the uMngeni Local Municipality, was gunned down in front of his wife and children on 4 December last year. He was shot more than ten times. The majority of the shots were fired as he lay helpless on the floor of his home. The DA’s independent task team appointed the Private Prosecution Unit as its operational partner in January to lead the investigation into Ndlovu’s murder. The unit was also formally briefed to provide support and legal assistance to the Ndlovu family.

The unit, led by Adv. Gerrie Nel and a team of specialised investigators, have conducted extensive consultations since January and followed up on numerous promising leads in the uMngeni area. At a meeting with Khumalo on 13 March, Nel and his team expressed their willingness to work with the police. Regrettably, Khumalo has since terminated all communication with the unit and refuses to update Ndlovu’s widow and family on the investigation’s progress, despite the police’s obligation to do so.

In a letter to Khumalo, dated 19 March, Nel summarised the nature of the above meeting as follows: “Your seeming unwillingness to foster a relationship of cooperation to solve this callous assassination is disappointing [...] Despite our indicating that we may be able to assist in the investigation because we have access to information from persons who distrust the police themselves, you have shown no interest. It became clear that you have no intention to deviate from the chosen ‘investigation plan’. The meeting fostered the inference that the SAPS are more concerned with controlling investigations and a narrative than solving this particular murder,” said Nel.

On 11 April, the SAPS made a public appeal for the tracing of Zwelithini Buthelezi, an induna in the Mpophomeni area, in connection with a murder and attempted murder in the town of Impendle in KwaZulu-Natal. The appeal follows Buthelezi’s failure to appear in the Howick Magistrates’ Court. Buthelezi faces charges of theft of transformers owned by the uMngeni Municipality.

What the appeal does not reveal, however, is that Buthelezi had indeed been arrested by the SAPS weeks earlier, but that the state had not opposed his release on bail. If Khumalo had agreed to cooperate with the Private Prosecution Unit, Buthelezi would have faced meaningful scrutiny on charges related to Ndlovu’s murder.

“This suggests that the SAPS either withheld their intelligence from the prosecution or, despite our clients being informed that the theft case was used to target Buthelezi, were no closer to solving any crime and the team only grasped at straws. We reiterate the sentiment expressed in our earlier letter that the SAPS is duty-bound to serve and protect society and investigate all matters without fear, favour or bias. We emphasise that this duty does not allow the SAPS to circumvent the investigation of matters where the victims are not aligned with the governing party,” concludes Nel.

The unit has now copied Gen. Fannie Masemola, National Police Commissioner, in correspondence to Khumalo. “We remind ourselves that the SAPS, having arrested Induna Buthelezi a mere few weeks ago, released him without opposing bail,” Nel said in a letter dated 19 April.

Unsurprisingly, there has been no response from the SAPS Commissioner. It also seems that Khumalo has support for his decision not to keep the victim’s family informed of the investigation and to selectively decide which information and/or evidence they will collate in the docket.

The unit will continue attempting to engage with the police but has not ruled out going to court to compel the authorities to execute their duties.

Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 3 May 2024