Two guilty of killing cop

Former police officer Phumzile Ngqayimbana, 41, and Siyamcela Ntshitshi, 33, were yesterday found guilty of killing an Elliotdale Station Commander in 2013.

Lieutenant-Colonel Nomalizo Dukumbana, 53, was murdered at the police barracks in Elliotdale in December 2013.

Ngqayimbana and Ntshitshi were also found guilty of unlawful possession of firearms with intent to commit an offence and unlawful possession of ammunition.

A third accused, Ngqayimbana’s brother, Mbuyiselo Ngqayimbana, was found not guilty on all charges and was discharged.

A fourth accused, Sipho Makhabeni, who turned state witness, was yesterday excused from prosecution.

A fifth accused, Ngqayimbana’s girlfriend Noxolo Matya, was sentenced to life for murder and a further 18 years after she confessed to conspiracy to murder.

In his judgment, Judge Zamani Nhlangulela said although the accused did not place their defences before the court at the outset of the trial, their evidence showed that their defence was that they did not commit the offences and were not present at the scene of the crime.

He said that in proving the case, the state called three of the accuseds’ work colleagues, who told the court that the plan to kill the deceased had been preceded by threats issued by Phumzile Ngqayimbana – a former police officer – over a labour-related dispute.

Makhabeni, as the accomplice witness, narrated the actions of himself and the accused from the planning to the execution stage of the murder conspiracy.

“He testified that he and Ntshitshi made an attempt to kill the deceased at her home in Corana but failed due to some hurdles. He confirmed that they did go to Elliotdale on December 17 to conduct a surveillance of the place and to see the deceased so that the attack later in the night was a desired success,” said Nhlangulela.

Makhabeni also testified that Phumzile had paid him and Ntshitshi R1500 instead of the R10000 that had been agreed to.

Nhlangulela said the court did not find the evidence produced by the accused to be reasonably possibly true due to the fact that it was improbable in the light of the overwhelming evidence of the state witnesses.

The matter has been postponed to June 11 for sentencing. — ziphon@dispatch.co.za

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