‘A most unconvincing witness’

DURBAN High Court judge Esther Steyn criticised the manner in which rape survivor Nomfundo Nduli was treated by the police after reporting her abusive boyfriend. She was forced to sit in the same police vehicle as the man she accused of raping her.

“No diligent or well-trained police officer would have treated the complainant this way. She was asked to sit next to the alleged perpetrator shortly after his arrest, merely hours after she was allegedly raped,” said Steyn.

These were some of the abusive incidents Nduli had endured between 2012 and 2013, when she was in a relationship with Dumisani Clement Ndlovu.

Even after she broke up with him, he continued to harass her up to the point where he murdered a man who was trying to defend her.

Yesterday, Steyn convicted Ndlovu, 34, of murder, attempted murder, rape, two counts of assault with intent to cause grievous bodily harm, and robbery with aggravating circumstances.

He was acquitted on theft and kidnapping charges.

Steyn said the evidence led by the State and its witnesses collaborated and had proved its case beyond reasonable doubt.

She said Ndlovu had claimed to suffer from amnesia when pressed for answers and could not provide the court with clear answers.

“He was a most unconvincing witness. For example, his version that Nduli had consensual sex with him after he had seriously assaulted her (contradicts) his concession that he had to lock her up because he had expected problems,” said the judge.

She found there was no doubt that Ndlovu wanted to kill Nduli when he stabbed her.

“She was fortunate to have escaped the scene and received medical treatment,” she said.

In an attempt to convince the court to have mercy on him, Ndlovu took the witness stand and apologised to the court and to the people he had offended.

He pleaded with the court not to be harsh in punishing him, saying that he would want to return to his two children one day.

“When I get to prison, I am going to study and hopefully one day I will come back and raise my children. I want to change my life,” he said.

But State advocate Krishen Shah was not convinced.

“You had a chance to change your life when Nduli withdrew the rape charges against you. You came out of prison and you continued abusing her. What are you actually sorry about?” he asked.

He said Ndlovu’s apology was not sincere because he had not accepted the court’s judgment. He said Ndlovu only apologised because he wanted the court’s mercy and that was evident in his denial of what he did even after he was found guilty in a court of law.

Ndlovu’s lawyer, S Seedat, said the court should consider that Ndlovu acted after seeing Nduli walking with another man and had not planned to fatally stab Thulani Shezi.

He described his client’s action as “a crime of passion”, which Steyn dismissed, saying that Nduli was no longer in a relationship with Ndlovu.

The matter was adjourned until June 27 for sentencing.