Ndlovu was sentenced to 25 years for murder, five years for each of the three counts of attempted murder, five years for unlawful possession of firearm and two years for possession of ammunition without license. His sentence was handed down in the Johannesburg High Court this week.
National Prosecuting Authority spokesperson, Phindi Mjonondwane, said Sibusiso Amos had been fatally shot by a security officer in March 2020 at Vosloorus when Ekurhuleni Metro Police Department (EMPD) officers were enforcing Level 5 lockdown regulations.
“Amos was shot inside the yard of his home after an argument broke out between him and the EMPD officers that were chasing patrons from a nearby tavern. Three children that were in the house were also wounded during the shooting,” Mjonondwane said.
“Amos was shot at close range with live ammunition, while standing behind a locked burglar gate. The bullet was fired from one of the EMPD officers’ shot gun,” he said.
Ndlovu told the court that he had picked up the gun soon after the officer fell down following an attack from members of the community. He then saw a scuffle inside the yard between Amos and EMPD officers. He approached and fired shots towards Amos to scare him off in order to stop the scuffle.
Senior State Advocate, Rolene Barnard argued that Ndlovu was a former police officer and who had received firearm training. She asked the court to consider that Amos had been shot in the sanctity of his own home, where he was unarmed and without any provocation.
In giving reasons for the departure from the minimum prescribed sentence of 15 years for murder, Judge, Thifhelimbilu Mudau remarked that Ndlovu’s murder had been a senseless killing, in full view of his family during the lockdown. He said that the accused was in a position of power and authority as he acted with EMPD.
“There was an unequal balance of power as the deceased was unarmed on the locked veranda. The deceased was unable to protect himself,” Mjonondwane said.
The NPA commended senior investigator, Hlanganiso Gladwin Ndlovu of the Independent Police Investigative Directorate (IPID) and Advocate Rolene Barnard for their efforts in delivering justice to Amos’ family.
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