Christmas in prison for murder-accused wife of Umlazi cop after bail bid adjourned

It will be a prison-issue Christmas lunch for Nongcebo Faith Ntombela, wife of murdered Umlazi police officer Capt Thomas Ntombela, after a bail hearing was adjourned on Wednesday to December 28 for a ruling.

Faith Nongcebo Ntombela, 43, and Sthembiso Khumalo, 53, are charged with Khulani Cele, who is serving a life sentence at a Kokstad prison for a different murder conviction.

A hitman, Mzo Ntombela, who was sentenced to 20 years' imprisonment by Durban high court judge Kate Pillay in August, implicated the trio during his trial.

Ntombela and Khumalo, who appeared in the Umlazi magistrate's court on Wednesday, also face an additional charge of conspiracy to commit murder.

Thomas Ntombela was killed outside his Umlazi home in May.

Ashwin Rughbeer, who represents Faith Ntombela, asked the court to release her on bail so she can “process” her late husband's financial affairs and look after their children.

“The couple's property is joint. Money needs to be sorted out and some of the assets are also in need of liquidation,” said Rughbeer.

There was no evidence to suggest Ntombela would intimidate state witnesses despite earlier testimony from investigating officer W/O Sibusiso Ntshangase, he said. 

Ntshangase testified she contacted state witnesses before her arrest.

Rughbeer said shortly after his client was arrested, she had been paraded in court, putting her life at risk.

“In my nine years of working in this court, I have never witnessed this. Normally when people make their appearance, they use the back entrance. My client has already been punished by members of the public,” said Rughbeer.

This was why she had not immediately applied for bail, he said.

He also objected to a petition opposed to his client being released on bail, introduced by Ntshangase, saying the document was not authentic.

“The petition is not worth the paper it is written on. It’s just a scribbled piece of paper. We should have at least had those people before court to testify,” said Rughbeer.

The petition has been provisionally admitted into evidence.

Khumalo’s legal representative, advocate Mduduzi Mvune, accused the state of being biased. Mvune cautioned against the court degenerating into a “kangaroo court” based on comments from the gallery.

“Your worship, I find it difficult to exercise my duties as a legal officer because of the conduct of some members of the public. Every time I submit something that does not augur well in their ears, they make remarks,” he said.

His client, who is employed by the education department, has dependents and assets which included two cars he had bought on higher purchase.

“The issue of children is not only protected in bail legislation, but also in the constitution. The court has to take that into consideration.”

In the investigating officer's evidence-in-chief, he said Khumalo helped the police find the officer's firearm on his property.

“It would have been difficult, if not impossible, to make that breakthrough. Here is a person who alerted the police. This [not being granted bail] would discourage members of the public from co-operating with the cops,” said Mvune.

The court session was not without drama as the defence stopped closing remarks by prosecutor Sabatha Nhlanhla, arguing the state had erred in handing over documents to the magistrate without the defence been given copies.

“That’s not due process. We were not present when the state was there, so we [are] not sure what conversation would have been had. If this was done in good faith we would have at least been told before the state started addressing [the court]. It was only after I picked it up,” said Rughbeer.

“Your don’t approach a presiding officer about a pending matter and give him or her any document that relates to the matter at hand. I am taking exception to that, it’s irregular.”

However, Nhlanhla said there was nothing untoward about the omission. 

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