The sentencing of three men, including Nkosingiphile Gumede, who is already serving time for the murder of ANC councillor Sibusiso Maphumulo, was postponed at the Pinetown Regional Court on Tuesday morning.

Gumede, along with Sthabiso Thusi and Scelokwakhe Xulu, were scheduled to be sentenced for a series of violent crimes, including attempted murder, robbery, possession of a firearm, and possession of ammunition.

The trio’s method involved targeting and robbing individuals who had withdrawn large sums of money from ATMs, often shooting their victims. The gun used in the attempted murders was the same weapon Gumede used to kill Maphumulo in 2018.

The postponement occurred because the defence lawyer, CS Mendlula, was unavailable.

Senior State prosecutor advocate Elvis Gcweka informed the court that Mendlula was in Manguzi, following a death in his family.

Initially, Gcweka’s attempts to contact Mendlula were unsuccessful. Gcweka requested Magistrate Muntukayise Khumalo to briefly adjourn the matter, which Khumalo granted.

When the case was recalled later, Gcweka informed the court that he had managed to get hold of Mendlula.

“Mendlula is not before the court; he indicated that there is a death in the family. He is not around the whole week,” he said. 

Gcweka further informed the court that a social worker’s report for Xulu was still outstanding, adding that the only report they had was from the Correctional Services.

“It’s unfortunate that the matter cannot proceed today to finality as it was already planned. Matter to proceed in January,” Magistrate Khumalo said, postponing the matter.

The sentencing for the three individuals was initially scheduled for October. At that time, Xulu had requested a pre-sentence report. 

Before this, he had sought a postponement, claiming illness and an intention to visit the prison hospital. However, Magistrate Khumalo denied his request, stating that the court would conclude the sentencing promptly, and then an order would be made for him to be taken to hospital.

Separately, on November 27, the Durban Magistrate’s Court postponed the sentencing of Crime Intelligence officer Thulani Obed Thango.

Thango was found guilty of defeating the administration of justice by helping former ANC councillor Mthokozisi Nojiyeza evade arrest for the 2018 murder of Maphumulo.

Thango managed to assist Nojiyeza in evading the Political Killings Task Team for a few hours.

The task team ultimately located Nojiyeza inside the car of his lawyer, Lunga Peter, at the Durban Central solice Station. Peter was charged alongside Thango but died during the trial. Nojiyeza was not convicted of the Maphumulo murder.

Thango’s postponement was due to a probation officer, Thabile Mbuyazi, deciding not to prepare his pre-sentence report. 

“There was a conflict of interest, and I decided not to do the report,” she told Magistrate Jackie Jonck, who was fuming as she wanted to conclude the 2018 case. 

The violent trio would be sentenced in early January, while Thango would be sentenced next week.

nomonde.zondi@inl.co.za

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