The Durban Regional Court in KwaZulu-Natal (KZN)on Zwelithini Mkhize (37), Mlungisi Ndlovu (32), Siyabonga Dlamini (30), Siyabonga Ngcongo (29), and Sithembiso Cele (30).

This follows their conviction on charges of robbery with aggravating circumstances, murder, attempted murder, attempted robbery, and housebreaking with intent to steal and theft.

According to KZN National Prosecuting Authority (NPA) Spokesperson Natasha Ramkisson-Kara said Mkhize, Ndlovu, Dlamini, and Ngcongo were further convicted of possession of suspected stolen property, while Ndlovu, Dlamini, and Ngcongo were also convicted of unlawful possession of a firearm and ammunition.

“On 18 June 2018, the complainant, a 39-year-old woman, and the deceased, Warrant Officer Philip Njabulo Linda, who were known to each other, were in the Malukazi area of Isipingo when they were accosted by the accused. The men pointed firearms at them and instructed the complainant to take them to a particular house in the area. Some of the accused left with the complainant while the others remained with the deceased,” said Kara.

She said upon arriving at the house, the accused did not find the person they were looking for.

“They then attempted to rob the complainant, but she did not have any of her belongings with her. On their way back to where the deceased and the remaining accused were waiting, they broke into a nearby house and stole several items. Once all the accused had regrouped, they ordered the complainant to kneel next to the deceased. At that point, the deceased instructed her to run. As she fled, she heard multiple gunshots. She was shot in the back and arm and eventually collapsed near a house in the area. She was transported to hospital for treatment and later learnt that the deceased had been killed at the scene,” she said.

Kara said following the incident, the accused remained at large for approximately a month before being arrested in the Durban central business district after police observed them driving suspiciously.

She said during the search, firearms were found in the possession of Ndlovu, Dlamini, and Ngcongo. Subsequent ballistic analysis linked those firearms to the crime scene.

Kara said in court, Prosecutor Nkosingiphile Manqele led the evidence of several witnesses, including the complainant. Identification parade results and ballistic evidence formed a crucial part of the State’s case.

“In aggravation of sentence, Ms Manqele submitted Victim Impact Statements compiled by the complainant and the deceased’s wife with the assistance of Court Preparation Officer Prudence Geraud. The complainant explained that because of the gunshot injuries she sustained, she has lost the effective use of her arm and is unable to stand for extended periods. Consequently, she is unable to work and provide for her family.

“The deceased’s wife told the court that she and her children continue to suffer trauma because of the incident. She described the deceased as a kind and compassionate man who contributed towards the education of children in the community and provided financial assistance where needed,” she said.

Kara said the court sentenced all five accused to 15 years’ imprisonment for robbery with aggravating circumstances; Life imprisonment for murder; Five years’ imprisonment for attempted robbery; Ten years’ imprisonment for attempted murder; and five years’ imprisonment for housebreaking with intent to steal and theft.

She said in addition, Mkhize, Ndlovu, Dlamini, and Ngcongo were each sentenced to one year’s imprisonment for possession of suspected stolen property.

“Ndlovu, Dlamini, and Ngcongo were further sentenced to15 years’ imprisonment for unlawful possession of a firearm, and one year’s imprisonment for unlawful possession of ammunition. The accused will serve an effective sentence of life imprisonment and have been declared unfit to possess firearms,” she said.

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