Dubious traditional leader of the Nxamalala tribal authority in Impendle, Simphiwe Eric Zuma, also a relative of slain uMngeni local municipality councillor Nhlalayenza Ndlovu, sobbed as he appeared in the Howick magistrate's court on Thursday.
Zuma, 56, and his co-accused Thabo Dion Mathonsi, 26, appeared in court after the political killings task team arrested the pair for allegedly co-ordinating the murder of the councillor from Pietermaritzburg prison.
The pair face charges of conspiracy to commit murder and murder and were ushered into court alongside previously arrested suspects Masobho Hlongwa, 31, and Khayelihle Shabalala, 31.
It later emerged a fifth suspect, alleged hitman Zwelithini Buthelezi, 43, an induna (headman) in the Nxamalala tribal authority in the KwaZulu-Natal Midlands, has turned state witness.
Specialised tactical reaction unit members were present in the small court, packed with Zuma's relatives as well as DA top brass including provincial leader Francois Rodgers and mayor Chris Pappas.
When the four accused were ushered into the courtroom Zuma cried profusely despite the presence of magistrate Sifiso Ntini.
Mduduzi Nkomo, representing Zuma, asked for his client to be detained at New Prison instead of the Westville correctional centre he is unwell and it would be easier for Nkomo to have access to him.
Prosecutor Elvis Gcweka opposed this, saying detention in Westville was to avoid the possibility of the suspects colluding, and for security reasons.
Nkomo, however, asked for the state to place the suspects in isolation at New Prison.
He also asked for the state, in preparation for bail, to present them with evidence linking him to the murder.
“On the day it could have been my client was in Durban or elsewhere. We just want to know what is this evidence,” argued Nkomo.
Gcweka advised him to pen an affidavit seeking bail, to which the state would respond.
Ntini ruled against the defence, saying Westville had medical facilities, and it would also be easier for Zuma to consult with his legal representative based in Durban.
The case was adjourned to August 8.
Moments after the magistrate adjourned the matter, Buthelezi’s lawyer, who didn't want to be named, expressed his frustrations at not being informed about developments regarding his client’s case.
Zuma, who was out on bail for the killing of his relative, chief induna Qalokunye Zuma, at his rondavel on January 14 2023 in iMpendle, is alleged to have paid R30,000 to have him killed.
Family spokesperson Simo Ndlovu said they were unaware Zuma was linked to the politician's death.
“We did not expect this, we were shocked. In a family, when you are met with such a tragedy, one does not look at home. There were also times when Zuma would ask us if we are recovering from the loss,” said Simo.
He said Ndlovu’s death had left deep scars particularly for his children, one of which is a toddler.
“At the end of the day we have a life we still need to live. As painful as it is, we have to try to come to terms with this. We also need justice because these people have robbed us of a true leader in our family and the greater community,” said Ndlovu.
Pappas said it was a twist to see Buthelezi become a section 204 state witness.
He said the DA had previously enlisted the services of AfriForum to help crack the high-profile murder.
“We are pleased more people have been arrested in this case and we don’t know why they have been arrested. The evidence put forward means one of the accused had come forward with information, which has led to further arrests,” said Pappas.
He said they were concerned Buthelezi’s lawyer was not aware of being removed from the case.
“In other words the affidavit submitted to the police and the prosecutors was signed with different attorneys on record. The lawyer was also surprised his client had appeared in court on Tuesday,” said Pappas.
That raised flags about what was happening in the background.
“One wonders whether there is some plot between the prosecuting authority, police and crime intelligence. What is being put on the table is that it’s one thing to create a good case in front of the cameras, only for it to fall apart at the last minute as we have seen today,” said Pappas.
He said they hope to keep a close eye on possible attempts to sabotage the case.
A representative from AfriForum was also in court to monitor proceedings, but said police were reluctant to meet them to exchange information.
Similarly, Pappas said he was concerned police had not engaged Ndlovu’s grieving family.
“It’s almost 18 months now and it’s very concerning. If you take into consideration that they have information pertaining to this case,” said Pappas.
Ndlovu said he was wary of Zuma's tears in court.
“We can’t be moved by reactions. We don’t know whether he was acting or is genuinely remorseful.”
Another relative who attended court, Sifiso Zuma, described Zuma’s grief as a consequence of his actions.
Sifiso Zuma’s father was chief induna Qalokunye Zuma.
“All those tears represent the heartache I cried when Zuma appeared for my father's murder. His arrest in Ndlovu’s murder clearly points to the type of man he was,” said Zuma.
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