Almost a year after Democratic Alliance (DA) councillor Nhlalayenza Ndlovu was gunned down in front of his family, AfriForum’s Private Prosecution Unit has approached the police ministry to intervene and make progress in the case.
The uMngeni Municipality’s chief whip was murdered in front of his wife and children outside their KwaZulu-Natal home on 4 December last year. He was shot more than ten times.
Following his death, the DA offered a R1 million reward for information that would lead to the conviction of the individuals who murdered Ndlovu.
Despite 10 months passing, the case has not been solved, and the police have not given the Ndlovu family any meaningful updates that suggest they are closer to finding the councillor’s killers, according to AfriForum’s Private Prosecution Unit.
As a result, the unit 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 inroads.
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Since January, the unit, led by Advocate Gerrie Nel and supported by its senior investigators, has conducted extensive consultations and followed up on numerous promising leads in the uMngeni area.
According to the unit, in April it 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.
Now, in a letter to police minister Senzo Mchunu, his deputy and police management, Nel, have 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,” Nel said in a statement on Tuesday.
“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.”
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Nel added that the “deliberate delay” caused by Khumalo and his team 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.
The unit said it remains committed to making its members’ expertise available to the police to prosecute the perpetrators, “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,” the unit said.
However, the unit added that it has no problem going to court to force the police to carry out their responsibilities.
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