AfriForum accuses NPA of sidelining slain DA councillor’s wife in plea talks
In a strongly worded letter to the KwaZulu-Natal Director of Public Prosecutions dated July 10, the unit raises concerns about what it describes as a lack of transparency and an apparent attempt to circumvent the rights of Pretty Ndlovu, who witnessed her husband’s murder in December 2023.
AfriForum’s Private Prosecution Unit has accused the National Prosecuting Authority (NPA) of sidelining the widow of slain uMngeni Municipality DA chief whip, Nhlalayenza Ndlovu, in plea negotiations with two of his alleged killers.
In a strongly worded letter to the KwaZulu-Natal Director of Public Prosecutions dated July 10, the unit raises concerns about what it describes as a lack of transparency and an apparent attempt to circumvent the rights of Pretty Ndlovu, who witnessed her husband’s murder in December 2023.
Ndlovu was gunned down at his home in eMasosheni, near Mpophomeni in Howick, in front of his wife and children.
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AfriForum, which represents both Pretty and the uMngeni Municipality, claimed it was informed that investigators labelled Pretty Ndlovu “a problem” and subsequently approached other family members to secure their cooperation in signing documents linked to a proposed plea agreement.
According to the letter, those family members were allegedly instructed not to disclose these developments to Pretty.
Head of the unit, advocate Gerrie Nel, said the alleged conduct pointed to a deliberate attempt to exclude the complainant from participating in the justice process and raised serious concerns about transparency.
Nel said a Whatsapp message was sent to the state prosecutor on July 7 where the two accused were expected to enter into a plea deal.
The case was however postponed.
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“We cannot allow our clients’ rights to be flouted where there appears to be a deliberate narrative, clouded in a veil of secrecy, used to avoid accountability,” Nel wrote.
Nel further warned that the apparent failure by the NPA to respond to repeated correspondence dating back to April suggested a lack of accountability and disregard for victims.
The unit also raised concerns that “powerful people” could be shielded from prosecution while lower-level accused they described as “foot soldiers” bear the brunt of the criminal liability.
It appeared that prosecutors were focusing on securing convictions against the so-called foot soldiers (or lower-level participants) in the conspiracy to murder Ndlovu, while relying heavily on the testimony of one accused to implicate the alleged mastermind. However, the accused in question could renege on the agreement later and scupper the case.
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The unit further argued that full details of the alleged conspiracy and the roles of each accused must be placed before the court to ensure justice is properly served.
AfriForum stressed that victims have a legal right, in terms of Section 105A of the Criminal Procedure Act, to make representations in plea agreements, a right it says is being undermined.
“We must remind your office that our clients are not seeking special treatment … but rather to exercise their rights,” Nel said, adding that denying a grieving widow participation in the process “defies belief”.
The accused, Thobani Hlongwa, Khayelihle Shabalala, Inkosi Simphiwe Zuma of the Nxamalala Traditional Authority and Deon Mathonsi are expected to return to court on Wednesday, where Shabalala and Mathonsi are expected to enter into possible plea agreements.
The NPA had not responded to requests for comment at the time of publication.
