Justice and tears of joy for victim
Ex-boyfriend jailed for 31 years
THE use of cellphones in prisons was one of the concerns expressed by Durban High Court Judge Esther Steyn when she handed down a 31-year prison sentence to a man who haunted his ex-girlfriend through Facebook messages while in prison.
Steyn said something needed to be done about it.
Dumisani Clement Ndlovu, 31, was sentenced to 56 years on charges of assault, rape, attempted murder and murder.
Because these sentences are to run concurrently, it would be an effective 31 years in jail. He was convicted last week.
Nomfundo Nduli, of Inanda, had ended her relationship with Ndlovu in December 2013, but he continued to harass her.
Even after the police arrested him for raping her, he still found a way to threaten her through Facebook messages he sent from a cellphone in prison. Steyn said Nduli could not feel safe even when Ndlovu was detained as an awaiting-trial prisoner.
Ndlovu had told the court that in 2015 he became jealous when he saw her walking with a man in town. He stabbed Nduli twice before turning the knife on her friend, Thulani Shezi, fatally wounding him.
“The sentences should serve as a deterrent to other offenders and remind them that courts will not tolerate or condone any violence on partners, ex-partners or members of society,” the judge said.
The mother of Shezi’s two children had testified during sentencing arguments. She said she was unemployed and that Shezi’s death left her to raise the children alone.
Steyn said her sentence gave recognition to the fact that Shezi was a young man, a father of two daughters and a life partner “who undoubtedly had hopes and life expectations which were abruptly brought to an end when he (Ndlovu) callously stabbed and killed him”.
“Your conduct has caused pain to his family. They were not only robbed of a loved one, but your conduct inflicted financial and emotional pain,” said Steyn.
Ndlovu’s lawyer had asked the court to take into consideration that he was over-possessive and that the crime of murder qualified as a crime of passion. However, State advocate Krishen Shah argued that the court should take into account that Shezi had died tragically.
On the evidence by the State that Ndlovu had raped Nduli, Steyn said he assaulted her since she dared not to love him.
“It was not enough for him hitting her. He had to throttle her and then removed her clothes and raped her, despite the fact that she had asked him to leave her alone. This offence calls for severe punishment,” said Steyn.
Nduli cried tears of joy after the sentencing: “This justice is not only for me, but for the man who died trying to protect me and for his family he left behind unexpectedly. I can live my life without fear of another person.”
She thanked the investigating officer, Detective Warrant Officer Sivan Naidoo.
“When he took over the case, he brought all the cases I had opened in the past and investigated them thoroughly,” she said.