Nkandla policeman given life imprisonment for killing his boss

A 31-year-old Nkandla policeman has been sentenced to life imprisonment for the murder of his branch commander, who he shot twice in the charge office where they both worked.

While Const S’thembiso Nhleko has not elaborated on why he killed Sgt Thokoza Sibisi at the Ekhombe police station in Nkandla on May 24 last year, events leading up to the fatal shooting suggest that he feared Sibisi would report him for pretending to be sick so as not to have to do the evening shift.

Nhleko had been in the police force for more than seven years.

He pleaded not guilty before acting high court judge Anand Maharaj, sitting in the Mtunzini circuit court, claiming he had acted in self-defence.

Several witnesses testified during the trial that there had been a party - “singing, drinking and dancing” - in one of the rooms at the nearby barracks that evening. Nhleko was present.

Sibisi, they said, came in and greeted everyone. He had a phone in his hand with the flash on, it was pointed in their direction and there was general suspicion that he was taking a video.

Soon after Sibisi left, Nhleko followed him.

Const Keegan Hewitt, a witness to the crime, said he had been on duty that night and had recorded Sibisi’s absence in the occurrence book. He said Sibisi left the charge office for about five or 10 minutes.

A few minutes after he returned, Nhleko came in, “uttered a few words in isiZulu”, drew a firearm from his stomach area and fired at Sibisi’s head.

He then put the firearm on the counter.

Hewitt said he grabbed him and called for assistance from the barracks to subdue and handcuff him. 

Sgt Justice Gabela, who assisted with the arrest, said he asked Nhleko why he had done it.

He allegedly replied: “Why was he [Sibisi] taking photos to destroy my future?”

Another witness, Sgt Thokoza Ndlovu, who was the host of the “jovial party”, said when Sibisi entered the room, Nhleko had challenged him, asking him why he was taking pictures of them.

Sibisi had responded that he was using the flash as a torch. 

Nhleko’s version 'highly improbable'

Nhleko testified that he was supposed to be on duty, but had booked off sick. He admitted that he had challenged Sibisi about using the phone but said he left the party to go to his own home to fetch his medical aid card because he intended to go to hospital. 

He went to the charge office to report this to Sibisi and to hand in his firearm.

He said Sibisi told him that he was “drowning in liquor”, to which he responded: “You are not a doctor.”

Sibisi then “clicked his tongue”, drew his firearm and fired a shot in his direction. He returned fire.

But witnesses said there was no sign of any bullet holes in the charge office and Sibisi’s firearm was still in its holster after he died.

Judge Maharaj said he found Nhleko’s version to be “highly improbable”.

“I am satisfied on a balance of probabilities that the accused was not sick on that day and that he was upset about the deceased taking pictures of him [at the party],” he said.

Handing down sentence on Monday, Maharaj said Nhleko’s conduct was totally unacceptable, more so because he was a police officer.

He said Nhleko had not shown any remorse and the evidence suggested that he had tailored his defence to a typographical error on the initial ballistics report which indicated that bullets had come from different firearms.

He said there were no substantial and compelling circumstances to deviate from the legislated prescribed sentence of life imprisonment.

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