Hitman Khulani Cele and a school principal Sithembiso Justice Khumalo are charged with the murder of Captain Zwelakhe Ntombela
Image: Nomonde Zondi
The Durban High Court has dismissed a Section 174 application brought by primary school principal Sithembiso Khumalo, who sought to be acquitted of all charges, including the murder of a Durban Metro Police officer.
Judge Bruce Bedderson ruled that the State has established a prima facie case against Khumalo, stating: “He has a case to answer to.”
Khumalo is charged with the murder of Durban Metro Police Officer Captain Zwelakhe Thomas Ntombela, who was fatally shot in May 2023 outside his uMlazi home.
Ntombela’s wife, Faith Nongcebo Ntombela, and the shooter, Mandlenkosi ‘Mzo’ Ntombela, have both pleaded guilty to the murder and have since been sentenced. The sentenced duo implicated Khumalo, and Faith’s lover, Khulani Cele (accused 1), while Khumalo is the second accused.
Mzo, who pleaded first, was sentenced to 20 years imprisonment, while Faith was sentenced to life imprisonment.
Before the dismissal of Section 174, which allows a court to discharge an accused person at the close of the state’s case if there is no evidence that a reasonable court could convict, Khumalo's lawyer, Advocate Mduduzi Mvune, said the State’s evidence was of poor quality.
Convicted killer Faith Nongcebo Ntombela. She killed her husband Captain Zwelakhe Thomas Ntombela in 2023. She is currently serving a life sentence for the offence.
Image: Nomonde Zondi
“The evidence presented so far is of poor quality. There is no prima facie case against the accused,” Mvune said.
Mvune argued that the evidence provided by Faith and the hitman Mzo was contradictory, specifically pointing to inconsistencies between their plea statements and their oral evidence in court.
“It has been said in several cases that the credibility of witnesses plays a very limited role; however, the contradictions between the two witnesses are of such a serious nature that they should not be believed,” he said.
He maintained that his client was not involved in the planning of Ntombela’s murder and there were no facts implicating the Mpumlwane Primary School principal.
Senior State prosecutor Advocate Krishen Shah argued that the State possesses sufficient evidence to secure a conviction.
Shah urged the court to dismiss the application, stating Khumalo's lawyer “cannot wish away the aspect of Captain Ntombela’s firearm being found on the accused's two premises.”
Moreover, he said Mvune had an opportunity to cross-examine the witnesses about their plea statements, but he did not.
“He ought to have challenged the relevant aspects of the plea which he found to be inconsistent,” Shah said.
Slain Captain Zwelakhe Ntombela.
Image: Supplied
He highlighted that there was a significant amount of communication between the shooter, Mzo, and Khumalo before Ntombela was gunned down. After the murder, Khumalo and Mzo stopped communicating.
“He (Mvune) had these cellphone records and at no stage did he ask Mzo about them,” he said.
Shah said Khumalo was found in possession of Ntombela’s vehicle, and when police asked him about it, he cast suspicion on Mzo.
Following the dismissal of the Section 174 application, Khumalo took the stand to testify. He told the court he did not know about the crimes he is accused of and denied ever knowing Ntombela or his home.
The trial continues.
nomonde.zondi@inl.co.za