Convicted Murderer Alleges Corruption in Sindiso Magaqa Case
Sibusiso Malusi Ncengwa, currently serving time for the murder of former ANC Youth League secretary-general Sindiso Magaqa, has made shocking allegations of corruption and broken promises within the South African criminal justice system. In a detailed affidavit, Ncengwa claims that police, prosecutors, and Crime Intelligence officials conspired to manipulate evidence while promising him a suspended sentence that never materialised.
Now detained at Westville Prison in KwaZulu-Natal, Ncengwa alleges that investigating officer Jim Sekano assured him that he would receive a suspended sentence if he cooperated and pleaded guilty. “He [Sekano] instead will arrange a prosecutor called Advocate Lawrence Gcaba that will give me a suspended sentence in order for him to save my life,” Ncengwa states in his affidavit dated 26 November.
Ncengwa's legal troubles began in 2019 when he was arrested in Harding. He claims that he reached out to Sekano, informing him of his intention to plead guilty and share details about the crime. “I then informed him that I know about the commission of offence and I intend on pleading guilty. He said he will tell me the appropriate time to do so,” Ncengwa states.
In 2020, during a meeting at a Petermaritzburg prison, Sekano advised Ncengwa to hire an attorney. However, difficulties arose during negotiations, which were intended to secure a plea agreement in exchange for naming the mastermind behind Magaqa's murder. Ncengwa expressed dismay when, just before his sentencing, Sekano indicated that the new advocate had recommended a custodial sentence of 18 to 20 years, far from the suspended sentence he had been promised. “That honestly left me confused as I thought I will get a suspended sentence,” he added.
Now facing a 25-year sentence, Ncengwa plans to appeal, stating that police have indicated they will not oppose it due to his status as a state witness. “They will do a letter in support of my appeal and state that I will be a section 204 of the Criminal Procedure Act 50 of 1977 witness and testify against Skosana and the appeal judge must decrease my years,” he claims.
His affidavit paints a disturbing picture of a deeply flawed system, alleging that essential evidence was withheld and plea agreements manipulated to obstruct justice. Ncengwa details how various officials participated in misconduct surrounding the high-profile political assassination case, claiming that Crime Intelligence officials provided weapons and vehicles for crimes while later attempting to cover their tracks.
In a show of intent to disclose further information, Ncengwa expresses his willingness to reach out to the Magaqa family, specifically Sindiso's brother, Lwazi. He aims to share the truth regarding the case, voicing his desire for justice to be served for the family, which has shown ongoing concerns about the investigation's integrity.
Notably, Ncengwa's allegations extend beyond the murder charges to also implicate others in a cash-in-transit robbery in Harding. He names several individuals, including former police officer Sbonelo Myeza, businessperson Mbulelo Mpofana, Umzimkhulu municipal manager Zweliphansi Skhosana, and late Harry Gwala District Municipality mayor Mluleki Ndobe. According to Ncengwa, the motive for the hit on Magaqa was his sharing of corruption-related information within the municipality with the police.
As the case unfolds, concerns remain about transparency and accountability within South Africa’s criminal justice system. Despite repeated requests for comment, neither the police nor the National Prosecuting Authority had responded at the time of publication. The revelations continue to highlight systemic issues and the challenges faced in bringing justice to the Magaqa family.
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