Mlambo trial ends as judge seeks clarity from police

Police testimony raises questions as Mlambo trial concludes:

10 hours ago

Estella Naicker 5 minutes read

Sthembiso Mlambo is charged with the murder of his wife, Sthembiso Khumalo; the attempted murder of the head of Waterval Prison, Daphné Hendricks; and conspiracy to murder Magistrate Ephrahim Khanyile.

The trial of Osizweni loan shark Sthembiso Mlambo and his co-accused, Sihle Ngwenya and Ayanda Ngwenya, came to an end in the Madadeni High Court on Tuesday last week.

At the time of going to print, state prosecutor, Advocate Nkonzo Mlotshwa, and defence attorney, Advocate Andrew Matlamela, were scheduled to make their concluding arguments on October 20.

Thereafter, the presiding judge, Bruce Bederson, will prepare his judgment.

Between them, Mlambo and his co-accused face five counts, including the murder of Mlambo’s estranged wife, Sithembile Khumalo, conspiracy to kill Madadeni District Court magistrate, Ephrahim Khanyile, failure to safely lock away a 9mm firearm as required by the Firearms Control Act, conspiracy to kill the head of Waterval Prison, Daphné Hendricks, and the attempted murder of Hendricks and another.

Mlambo has been in custody since October 11, 2023, in connection with the murder of Khumalo, a paramedic who was gunned down in May that year while driving home from the EMS (Emergency Medical Services) base in Utrecht.

A post-mortem examination revealed that Khumalo sustained five gunshot wounds to the face, head, neck and shoulder.

Mlambo was investigated in connection with Khumalo’s murder after a prison informant made a statement saying he was present when Mlambo planned the hit.

The informant alleged that Mlambo planned the murder in Waterval Prison while he was awaiting trial for a case of intimidation, theft and malicious damage to property.

According to the investigating officer in the murder case, Siphephelo Mngomezulu, Khumalo was a witness in that case.

Prison head survived alleged assassination attempt

Head of Waterval Prison, Daphné Hendricks, survived a failed hit on October 30, 2023.

According to Mngomezulu, the gunmen waited for Hendricks outside the prison and opened fire as she was about to head home after her shift.

Despite being shot in the knee, Hendricks fled to Utrecht Police Station, where she opened a case of attempted murder.

She believes that the incident stems from Mlambo’s unhappiness about being transferred to Ncome Prison from Waterval.

Inmates at Waterval, who were sharing a cell with Mlambo, further warned police that Mlambo’s best friend, Nhlanhla Mabaso, had taken the court interpreter, Andiswa Kunene, out for drinks in order to question her about Ephrahim Khanyile, the magistrate who refused Mlambo bail in the Madadeni District Court, and his movements.

When interviewed by police, Kunene confirmed this to be true.

Among the last of the defence witnesses to be called by Matlamela last week was Qimiselani Bhekuthintwa Makhimba Buthelezi, who testified for Ayanda Ngwenya (accused number 3 in the court proceedings).

It was alleged by an inmate from Waterval, who testified earlier in the trial, that he received a call from Ayanda the day before Hendricks was shot, in which Ayanda informed him that he and Makhimba were on their way to Utrecht to kill Hendricks.

According to Makhimba’s testimony, however, that would have been impossible.

Makhimba, who is Ayanda’s second cousin, has been incarcerated at Ncome Prison for a sentence he started serving on March 25, 2022, after he was convicted in the Pietermaritzburg High Court.

He could not have accompanied Ayanda to Utrecht on October 29, 2023, as he was already serving his sentence at the time.

Makhimba said members of the Amajuba Task Team investigating Mlambo had visited him at Ncome early last year and were well aware that he could not have been involved in the attempted murder of Hendricks as he was in prison when the incident took place.

After Matlamela closed his case, three police officers were called by Bederson to provide clarity on certain aspects of the trial.

Sergeant Victor Thwala, who is stationed at Hattingspruit Police Station, was the first to be called.

Thwala signed the entry made in the OB (Occurrence Book) at the Madadeni police holding cells on November 6, 2023, when Sihle Ngwenya (accused two in the court proceedings) was booked out of Waterval Prison (where he was an inmate) by members of the Amajuba Task Team and taken to Madadeni Police Station for questioning.

However, Sihle Ngwenya was entered into the OB at the Madadeni holding cells under a different name, Siyabonga Nkosi.

Questions put to Sergeant Thwala aimed to determine how Sihle Ngwenya came to be entered into the OB entry as Siyabonga Nkosi.

Ngwenya and Mlambo shared a cell in Waterval Prison in 2023, where it is alleged that the two arranged the hit on Mlambo’s wife, as well as conspired to kill Hendricks.

Ngwenya testified that he was brutally assaulted by members of the Amajuba Task Team on November 6, 2023, who forced him to make a false statement implicating Mlambo.

Thwala confirmed to Bederson that it was his signature on the OB entry at the Madadeni holding cells, which stated that ‘Siyabonga Nkosi’ was brought in, in connection with a case of attempted murder.

The entry further indicated that ‘Siyabonga’ was detained with ‘minor bruises’ that he said he had sustained after being assaulted by the prison warders at Waterval.

In court, Thwala pointed out Sihle Ngwenya as the person referred to as Siyabonga Nkosi in the OB entry and testified that it was Colonel Bridget Yusuf, the head of the Amajuba District Task Team, who told him that Sihle’s name was Siyabonga Nkosi.

Thwala said he was instructed on November 6, 2023, by Amajuba District Commander General Fred Alexander to assist with transporting a prisoner from Waterval to Newcastle. When he arrived at Waterval Prison that day to transport Sihle, Yusuf was standing outside with Sihle.

“When I asked the prisoner his name, I actually directed the question to him, but Col Yusuf answered instead and said his name is Siyabonga Nkosi. Sihle did not say anything at all,” said Thwala.

“Yusuf instructed that we should go straight to Newcastle Police Station. When I got to Newcastle, I took him out of the bakkie and proceeded to the charge office. I asked the suspect (Sihle/Siyabonga) to be seated on the bench and we waited for Yusuf because I didn’t know anything about the case. When Yusuf got there, she spoke to the commander of the charge office and after a few minutes, Yusuf instructed me to take the suspect to Madadeni Police Station instead.”

Thwala further conceded that while the signature on the detention register at Madadeni Police Station was his, he was not the officer who recorded the information contained in this document.

“The entry was hand-written by Officer Zondo, who was based at the police holding cells. He wrote down the information he got from Col Yusuf. I had to sign because Yusuf is female and there were only males in that cell,” Thwala explained.

Next, Bederson called Lieutenant Colonel Lucky Petrus Masuku to the stand, before calling Sergeant Ndumiso Gift Zondo.
Read more in next week’s edition.

The news provided to you in this link has been investigated and compiled by the editorial staff of the Newcastle Advertiser, a sold newspaper distributed in the Newcastle area. Please follow us on Youtube and feel free to like, comment, and subscribe. For more local news, visit our webpage, follow us on Facebook and Twitter, and follow us on our WhatsApp Channel