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Questions over alleged attempts to sideline assassinated DA Councillor’s widow in plea deal with alleged killers

Soundbite: Barry Bateman (English)
Soundbite: Barry Bateman (Afrikaans)

AfriForum’s Private Prosecution Unit has raised serious concerns with the National Prosecuting Authority (NPA) over apparent attempts to sideline Pretty Ndlovu – the widow of Nhlalayenza Ndlovu, the murdered DA Chief Whip of the uMngeni Local Municipality – in plea negotiations with some of his alleged assassins. The unit represents Pretty and the Municipality. On 4 December 2023, Pretty witnessed the attackers shoot her husband at least ten times at their home in eMasosheni, outside Howick in KwaZulu-Natal.

The unit has been informed that Pretty had been labelled “a problem”, that investigators have consequently approached other family members to circumvent Pretty exercising her rights, and that they have solicited their secret cooperation in signing documents because “Pretty is a problem”. Notably, the family members in question were allegedly instructed not to disclose anything to Pretty.

This course of action follows the NPA’s consistent failure to respond meaningfully to correspondence related to the proposed plea agreement between the state and the accused. Attempts by the unit to consult with the state, together with Pretty, also failed to materialise.

In March this year, and in subsequent correspondence, the unit raised its concerns regarding Pretty’s apparent exclusion from the plea process. It appeared that prosecutors were focusing on securing convictions against the so-called foot soldiers (or lower-level participants) in the conspiracy to murder Ndlovu, while relying heavily on the testimony of one accused to implicate the alleged mastermind. However, the accused in question could renege on the agreement later and scupper the case.

The unit added that the full details related to the alleged conspiracy and the specific roles played by each of the accused must be placed before the court, as this is not only in the interests of justice for the court to make a proper determination on the plea but also in the interests of the family and society.

In correspondence to the NPA Advocate Gerrie Nel, Head of the Private Prosecution Unit, reiterated the concern last week (10 July), saying victims of crime play a central role in the administration of justice. “We cannot allow our clients’ rights to be flouted where there appears to be a deliberate narrative, clouded in a veil of secrecy, used to avoid accountability, while the prosecution and the defence appear to seek to circumvent our clients’ right to make submissions for the purposes of open court processes,” wrote Nel.

“We must remind your office that our clients are not seeking special treatment or any kind of privilege, but rather to exercise their rights as established in section 105A of the Criminal Procedure Act of 1977. The exercise of this right is central to the NPA’s stated goal of being victim-focused,” said Nel.  

The accused are due back in court tomorrow (15 July 2026).

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