Incompetence or conspiracy – AfriForum’s Private Prosecution Unit wants answers on DA councillor’s assassination

1 October 2024 

Nearly a year after Democratic Alliance (DA) councillor Nhlahlayenza Ndlovu was mercilessly gunned down in front of his family, the case has neither been solved nor have the police provided his grieving family with any meaningful update to suggest they’re any closer to catching the killers. AfriForum’s Private Prosecution Unit, which represents Ndlovu’s family, has now approached the Police Ministry to intervene following the abject failure by SAPS Crime Intelligence, its leadership and the so-called Political Task Team to make in-roads.

Assassins murdered the uMngeni Municipality’s chief whip in front of his wife and children on 4 December last year. He was shot more than ten times. In January, the DA’s Independent Task selected the unit as its operational partner to lead the investigation into Ndlovu’s murder, and it was formally briefed to provide support and legal assistance to the slain councillor’s family. Since January the unit, led by Adv. Gerrie Nel and supported by its senior investigators, has conducted extensive consultations and followed up on numerous promising leads in the uMngeni area.

In April the unit announced that it had secured potentially critical evidence that could solve the investigation but Major General Dumisani Khumalo, head of police Crime Intelligence, shut down all communication with the unit and, in effect, the victims of this heinous crime. 

Now, in a letter to the newly-appointed police minister, Senzo Mchunu, his deputy and police management, Adv. Nel, has raised serious questions about the status of the investigation. “We reiterate that the unilateral decision that SAPS not communicate in a meaningful way with the widow of an assassinated councillor amounts to a grave dereliction of duty and may even be an admission of the inability to respond to the issues dealt with in our letter dated 19 March 2024.

“In the absence of an explanation indicating otherwise, the only reasonable inference is that General Khumalo’s decision not to communicate with our clients is in fact a blatant attempt to mask rank incompetence and an inability to execute rudimentary policing functions or a deliberate attempt to avoid solving the matter. In addition, the deliberate delay caused by Khumalo and his team, undoubtedly irreparably prejudiced the investigation and a possible successful prosecution. 

“Whether Khumalo and his ‘team’ are failing to fulfil their duty or are incompetent, to expect our clients to accept the investigating team’s assurance that the matter is receiving attention without any meaningful engagement is not only dismissive but pays lip service to SAPS’ commitment to be victim focused,” said Nel.

AfriForum’s Private Prosecution Unit remains committed to availing its seasoned members’ expertise to the SAPS to arrest and prosecute the culprits, whose identities and motives are known. But this requires an open door and a commitment from SAPS to building a working relationship that puts the interests of society and the victims of crime at the forefront.

However, the unit is not averse to approaching the courts to compel the police to do their duty and fulfil their obligations.

Issued by Barry Bateman, Communications Manager: Private Prosecution Unit, AfriForum, 1 October 2024