Former cop Bonginkosi Dlamini, Sibongile Ndlovu, and her husband, Felokwakhe Ndlovu, former Lieutenant Colonel Khephu Ndlovu, and the couple’s son, Lindokuhle Mbonambi to be sentenced later in April fo their corrupt involvement in trying to quash a murder case of an ANC branch leader.
Image: Nomonde Zondi
The State has urged the Pinetown Regional Court to impose the harshest possible sentence on two former senior police officers convicted of accepting a R120,000 bribe to compromise evidence in the murder case of ANC branch leader Thulani Nxumalo.
Nxumalo was political leader in KwaNdengezi, west of Durban.
The convicted officers are Bonginkosi Dlamini, the investigating officer in the Nxumalo case, and former Lieutenant Colonel Khephu Ndlovu. In 2020, Dlamini accepted the bribe from Sibongile Ndlovu, the wife of convicted killer Induna Felokwakhe Ndlovu, who sought to secure her husband’s acquittal. Khephu Ndlovu facilitated contact between Sibongile and the officers handling the investigation.
In addition to the corruption charge, Dlamini was found to have interfered with State witness Celani Dlamini by pressuring him to withdraw his statement against Felokwakhe. The couple’s son, Lindokuhle Mbonambi, was also implicated after concealing the firearm used in the murder. The bribe exchange took place in the parking lot of Durban Central police station.
During sentencing arguments, Deputy Director of Public Prosecutions Advocate Lawrence Gcaba said the court must take into account that the two former officers had “turned their badges upside down”.
“This corrupt act was committed on SAPS premises. How disrespectful is that?” said Gcaba, adding that the accused had used a police vehicle and state facilities to conduct the illegal transaction, demonstrating blatant disregard for the law and the institution they once served.
Gcaba argued that Dlamini, as the investigating officer, was fully aware of the Nxumalo family’s suffering, yet chose to undermine the case. He also linked the matter to broader concerns about corruption within the police, referencing the Madlanga Commission, which exposed systemic failures at senior levels of the SAPS.
“The country has been exposed to rot at the senior level of SAPS because of corruption. The courts are expected to act and show no mercy to these kinds of offences,” he said.
He further criticised Felokwakhe Ndlovu for involving his wife and son in the criminal conduct, describing his actions as cowardly. Gcaba also noted that Ndlovu chose not to testify, instead submitting a written statement, despite having an opportunity to take the stand.
“He had an opportunity to take the stand and protect his son. People have died because of him. Sons and wives are suffering because of him. But they made those choices themselves,” Gcaba told the court.
The State also opposed any deviation from the prescribed minimum sentence for retired Lieutenant Colonel Ndlovu, rejecting arguments that his status as a pensioner warranted leniency. Gcaba cited a Supreme Court of Appeal ruling cautioning against deviating from minimum sentences without compelling justification.
In response, defence advocate JP Broster argued that the court should confine itself to the charges against his clients and avoid undue criticism. He attributed delays in the matter — which the State largely blamed on Dlamini — to the exercise of legal rights, and urged the court to consider that Dlamini has been in custody since February 2020.
Citing case law, Broster distinguished between mercy and remorse, stating: “Mercy is not a reward for remorse.”
Advocate Laurens De Klerk, representing Felokwakhe Ndlovu, requested that any sentence imposed run concurrently with his client’s existing life sentence for Nxumalo’s murder. He described the bribery as a futile act by a family driven by desperation.
Magistrate Muntukayise Khumalo has reserved judgment and is expected to deliver sentence later this month. He indicated that he requires time to consider the submissions made by both the State and the defence.
Nxumalo was gunned down on his way home from a branch executive meeting in the area. He was also a member of the community policing forum.