Rosemary Ndlovu back in court as murder conspiracy case nears conclusion

Convicted serial killer and former police officer Nomia Rosemary Ndlovu appeared in the Kempton Park Regional Court on April 8 alongside her former colleague, Nomsa Mudau, on charges of conspiracy to commit murder.

During proceedings, the State called Mudau to the stand as part of the closing arguments, where her version of events came under scrutiny.

During cross-examination, prosecutor Williams challenged Mudau’s account of how she met alleged middleman Lakhiwe Mkhize in Thembisa, describing it as ‘far-fetched’ and untrue.

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Williams questioned why Mudau had failed to inform her husband that someone had allegedly expressed intentions to kill him.

Mudau told the court she believed Mkhize appeared mentally unstable and harmless, and therefore did not consider the matter serious enough to report.

“He seemed harmless. I did not think it was important because I believed he was not mentally well,” she said.

Williams put it to Mudau that she had been angry with her husband and had approached Ndlovu to assist in orchestrating his murder. Mudau denied ever planning to kill her husband.

The accused face charges under Section 18(2)(a) of the Riotous Assemblies Act 17 of 1956 for conspiracy to commit murder, with an alternative charge under Section 18(2)(b) relating to incitement, instigation, command, or procurement of a person to commit murder.

Both accused pleaded not guilty and elected to remain silent, providing no plea explanation under Section 115 of the Criminal Procedure Act 51 of 1977.

The State led evidence from several witnesses, including Njabulo Vincent Kunene, Justice Mudau, Walter Musanda Nemukela, Jabulani Petros Mtshali, and Lakhiwe Mkhize.

At the close of the State’s case, both accused applied for discharge under Section 174 of the Criminal Procedure Act. The application was dismissed.

Ndlovu closed her case without presenting any evidence.

Mudau testified in her defence but did not call any additional witnesses.

The state argued that key aspects of its case remained uncontested during cross-examination.

These include allegations that Ndlovu contacted Mkhize telephonically, requesting assistance in arranging the murder of Mudau’s husband, and that Mudau subsequently met with Mkhize in Thembisa.

According to the State, these uncontested facts place both accused within the scope of incitement as outlined in Section 18(2)(b).

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Testimony presented in court detailed a series of meetings and communications involving multiple individuals allegedly recruited to carry out the murder.

Kunene testified that he was approached by Mtshali to meet at a hostel in Thembisa, where he was informed that a police officer, later identified as Mudau, wanted a “job” done.

He said they later met Mudau at a location in Thembisa, where she allegedly requested that they kill her husband, citing ill-treatment and infidelity.

Kunene claimed Mudau indicated she would pay them after submitting an insurance claim following her husband’s death.

He further testified that Mudau was wearing a police uniform at the time and appeared to be in a hurry.
The group later approached Musanda, who assisted in warning the intended victim.

Justice Mudau, the husband of the accused, testified that on February 25, 2018, he was approached by a man who informed him that his wife had hired people to kill him.

He was then introduced to individuals who allegedly confirmed the plot.

He told the court he only confronted his wife after her arrest and subsequent release, claiming she asked for forgiveness. This was disputed during cross-examination.

Additional witnesses, including Musanda and Mtshali, corroborated the sequence of events, stating that Mudau had repeatedly requested it and that they had initially agreed before deciding to warn her husband.

Mkhize testified that he received a call from Ndlovu in February 2018 requesting assistance in arranging the murder. He said Mudau later contacted him and reiterated the request during a meeting.
Ndlovu elected not to testify.

The state argued that her silence in the face of incriminating evidence allows the court to draw an adverse inference, as her alleged role in initiating the chain of events was not disputed.

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The state further argued that Mudau’s version was improbable, citing her claim that she encountered a stranger near a cemetery who offered to kill her husband.

It was submitted that her failure to report such an approach, particularly as a police officer, undermines her credibility.

According to the state, the evidence presented by witnesses was consistent and corroborated by details such as vehicle descriptions, meeting locations, and the warning given to the intended victim.

While acknowledging minor discrepancies in testimony regarding payments, the State argued these could be attributed to the passage of time, as the events occurred in 2018.

The state maintains it has proven beyond a reasonable doubt that Mudau incited and procured the attempted murder of her husband, and that both accused should be convicted on the alternative charge of incitement, instigation, command, or procurement of murder.
The matter was postponed to May 14 for the defence’s closing arguments.