Fundiswa

Two days after Sazi was shot and died, Fundiswa's mother also died.

“two days later, after he got shot, Fundiswa's mother also died”

Sazi and Fundiswa had just finalized their lobola negotiations and were preparing for a civil union at the time of Sazi's death.

“at the time of this death, Sazi and Fundiswa had just finalized their lobola negotiations, and we were preparing for a civil union”

Because of the ingxotha ritual, the bride's integration into the husband's family is complete and irreversible under Mpondo customary law, creating obligations even after the husband's death.

“Because of ingxotha, the bride's integration into the husband's family is complete and irreversible ... Custom demanded that I protect and support her as if she were my own blood sister ... The ritual had already taken place when Sazi died ... ingxotha is not dissolved by death”

Customary law required protecting and supporting Fundiswa as if she were the speaker’s own blood sister, including facilitating her remarriage if she chose.

“Customary law therefore required me to treat Fundiswa as my own blood sister ... I had to protect and support her, including facilitating her remarriage if she chose to”

Fundiswa’s entire family passed on, leaving her as the only survivor in that family.

“Fundiswa's entire family passed on, leaving us with her as the only survivor in that family”

After approximately a year of mourning following Sazi’s death, the family told Fundiswa she was free to remarry and enter into another relationship if she wished.

“After about a year of Sazi's passing, the family ... decided that we inform her that ... she was free then to enter into any other relationship and remarry again if she wished to”

Fundiswa met a man she wanted to marry years later; a customary marriage took place in 2021 after lobola was paid.

“Fundiswa came to tell us in 005 that this guy whom she met wanted to marry her and then in 2021 the guy paid lobola and married her”

Brigadier Nkhwashu was angry and did not approve of the man Fundiswa wanted to marry because he discovered the man was already married.

“I was angry rather because she told us that this guy is a married guy ... I said to her, you cannot marry a married guy”

Brigadier Nkhwashu left the meeting when Fundiswa insisted on marrying the already married man, disapproving the marriage.

“I decided I was not happy to hear that he is a married guy and I said to her ... Then I left the meeting at that and she decided to continue on her own”

Brigadier Nkhwashu did not know if it was a polygamous marriage, only knew the man was married and did not approve.

“No, I had no idea ... I do not recommend you marrying a married guy”

The customary marriage between Fundiswa and the man took place because lobola negotiations occurred, lobola was paid, and rituals of customary marriage were engaged in.

“I called it like that because I learned afterwards that that event took place”

Brigadier Nkhwashu's relationship with Fundiswa is a traditional family bond related to Mpondo custom and is not based on any improper association.

“My relationship with Fundiswa is not based on any improper association . It is a traditional family bond related to Mpondo custom and in the ordinary human ties of care for a woman who become my sister through marriage”

Any assistance B R I G A D I E R N K H W A S H U gave to Fundiswa or her husband, including lending a vehicle, helping deliver clothes to her husband in prison, or meeting with Katiso, was done out of customary duty and family bond.

“Any assistance I gave to her or her husband must be understood in that light. Further to this, Fundiswa's entire family passed on . . . I lent her a vehicle, helped her deliver clothes to her husband in prison or meeting with Katiso”

After the customary marriage, Brigadier Nkhwashu accepted the new husband as his brother-in-law, reflecting customary family acceptance.

“I accept him as my sister's husband just as I would accept any brother-in-law”

Brigadier Nkhwashu met with Katiso towards the end of June 2024 after Fundiswa requested a meeting.

“My meetings with Katiso started towards the end of June 2024... Fundiswa gave me a call and requested a meeting with me and we made arrangements to meet and we finally met in Alberton in a restaurant.”

Fundiswa needed to conclude her family's estate as all her family died.

“She informed me that amongst others, the reason she needed to see me was because she needed to conclude her family's estate as I alluded earlier on that all her family died”

Brigadier Nkhwashu gave Fundiswa guidance on dealing with the estate and recommended visiting the Master of High Court and getting a lawyer.

“I gave her guidance on how to deal with the estate with my little knowledge that she must visit the Master of High Court and where she is experiencing challenges, she must just get the services of a lawyer who will assist her further”

Fundiswa was unhappy that Brigadier Nkhwashu had never met her husband Katiso because of loyalty to Sazi and because he was angry at her marrying a married man.

“Fundiswa stated that she is not happy that I had never met her husband Katiso as she has a relationship with me and she would like me to meet her husband and I had my personal reasons, among others being my loyalty to Sazi, and the earlier reasons that I stated that I was angry for her to go marry a married man”

The meeting arranged between Brigadier Nkhwashu and Katiso in Alberton at the end of June 2024 was arranged by Fundiswa to facilitate introduction.

“Indeed, a meeting was arranged between Katiso and myself... It was arranged by Fundiswa, because she has the one who requested me to meet the husband and telling me that the husband wanted to meet me also... Fundiswa was there to introduce the husband...”

Meeting in Alberton attended by four people: Brigadier Nkhwashu, Fundiswa, Brigadier's 17-year-old nephew, and Fundiswa's husband Katiso, who was introduced then Fundiswa left them alone.

“In that meeting it was the only four of us and Fundiswa came with my nephew and then she introduced us and then after introducing us she left us, she left the two of us to talk man to man.”

Despite separation from his wife, Fundiswa remained a part of Brigadier Nkhwashu's family.

“But then Fundiswa remained a part of your family... yes”

On 6 December 2024, Brigadier Nkhwashu learned from Fundiswa that Katiso had been arrested but did not know the charges; Katiso appeared in court on 9 December 2024.

“On 6 December 2024, I learned from Fundiswa that Katiso had been arrested ... On 9 December 2024, Katiso appeared in Vereeniging Magistrate Court”

The Ford Raptor vehicle registered in Brigadier Nkwashu's name was driven by Fundiswa, Katiso's girlfriend, on 5 March 2025 outside the Vereeniging Magistrate Court and was lawfully acquired from Nkwashu's eldest daughter who paid for it through Nkwashu, the registered owner.

“The Ford Raptor vehicle was indeed my private vehicle that was driven by Fundiswa on that day . And I purchased this particular vehicle lawfully from my eldest daughter , who was paying for it through me , since I am the registered owner of this particular vehicle.”

Brigadier Nkwashu was not driving the Ford Raptor vehicle on 5 March 2025 and was not present at the court in Vereeniging that day, and he had lent the vehicle to Fundiswa because she was afraid of being followed and could not use her own car safely.

“I was not driving the vehicle on the 5th of March . I was not present at the court either in Vereeniging on that day . I borrowed this particular vehicle to Fundiswa , who is my sister . She came to Gauteng to visit her husband in prison . She explained to me that she suspected people following her and she was afraid to use her car because it is known .”

Two days after Sazi Khuboni's death in 2000, Ms Nyangule's mother also passed away, but some siblings of Fundiswa were still alive then.

“Mr Khuboni passes away in the year 2000 ... two days later, Ms Nyangule's mother also passes away ... there were still siblings of Fundiswa to my recollection ... I think there were two who were still alive”

In 2005, Fundiswa told Brigadier Nkwashu that she met a man who wanted to marry her and they interviewed her about this.

“during 2005, Fundiswa came to us to come and tell us that ... she met a guy, this guy wanted to marry her ... we sat down and interviewed her ... in 2005”

Brigadier Nkwashu questioned Fundiswa about the background of the man she wanted to marry, and learned he was married, leading to his disapproval of the marriage.

“we came to a question of having to tell her the background of this particular guy ... she said yes ... this guy is a married man ... I get to differ with her on her intentions to marry this guy because of his marriage status”

Brigadier Nkwashu says his relationship with Fundiswa was dented and meetings ended in 2005 due to disagreements, but he tried to convince his wife otherwise.

“in the absence of perhaps a suitable word, it was dented ... we did not finish the meeting with me on that day because we were not agreeing in terms ... i abandoned the meeting with the sole intention of convincing my wife ... no, I do not go with that, not unless I am convinced otherwise”

Between 2014 and 2024, Brigadier Nkwashu and Fundiswa were talking over the phone infrequently, about three to four times in total, with a strained relationship post 2014.

“from 2014 we were just talking over the phone with Fundiswa ... I never actually met her ... over that entire period ... it was maybe not even four times ... three to four calls”

Brigadier Nkwashu states that until 2021, he remembers about three to four calls with Fundiswa, but cannot recall calls between 2021 and 2024.

“from 2014 to 2024 ... all that you remember is three to four calls ... between 2021 to 2024, I do not remember any”

Brigadier Nkhwashu was upset and disappointed that Fundiswa was marrying someone who was already married, and communication between them stopped as a result.

“you were angry , you were upset that she was marrying somebody who was already married . And you wanted nothing to do with that . So , I am assuming because of that , I will call it disappointment , I will not say anger . That disappointment , there was no communication between you and her after that”

Brigadier Nkhwashu recalls being told that Fundiswa was married to the man she was allegedly marrying and that she was staying in Durban, suggesting he might have spoken to her but did not hear she was married.

“I remember knowing that I remember having been told that Fundiswa was married to that guy that you were talking about . And she is staying in Durban . So that could meant that , although I do not have a good recollection , but that could meant that I might have spoken to her , but I did not hear , what I could remember is that I did not hear from her that she was married to that guy”

Between 2014 and 2024, Fundiswa was being chased around Gauteng for unknown reasons which prompted her to move to Durban, including an incident of house robbery which involved changes of residence.

“between 2014 and 2024 , much as I do not remember how many calls we had , I remember that there was a moment when she was being chased around when she was in Gauteng . Which is what I thought , that is what prompted her to move to Durban . Because there were people chasing her around for what we did not know . Because at some stages she was - there was a house robbery and I was called and she moved from Meadowlands to Roodepoort sometime and then she moved from Roodepoort to Fourways and during that time I was on the case of trying to assist in protecting her”

A family member very close to Fundiswa (also sister to Brigadier Nkhwashu's wife) regularly called Brigadier Nkhwashu with updates about Fundiswa because of their close relationship.

“there are a family member who is very , very close to Fundiswa . It is also the sister to my wife . So , she would call and say , Fundiswa had this and this and this , because they knew we were very , very close with Fundiswa”

Between 2014 and 2024, Fundiswa contacted Brigadier Nkhwashu requesting a meeting, coming from Durban specifically to meet him.

“those few calls that happened in between 2014 and 2024 , you then get a calls saying she is requesting to meet , correct ? ... And for this meeting she comes from Durban .”

Fundiswa asked Brigadier Nkhwashu for assistance regarding her deceased family estate, including siblings.

“she asks you about assistance in relation to her family estate , her deceased family estate . So , at this point , does that include no while siblings , or was this in relation to her mother ? ... Also including the siblings , because she said , I remember when we were talking about not being wanting to narrate too much and disclose certain hidden things , talk about the estate of the brother”

Fundiswa had a conversation with Brigadier Nkhwashu about meeting Mr Molefe, whom Brigadier Nkhwashu had only heard about in 2005 and never met before 2024.

“you say that in this meeting she then had a conversation with you about meeting Mr Molefe . ... Now , when this happens , you had not met Mr Molefe at all . And , in fact , on your version , you had only heard about him in 2005 .”

Brigadier Nkhwashu was asked by Fundiswa why her husband wanted to meet him; Fundiswa said it was not good that they did not know each other and that her husband was willing to meet him.

“I asked her , why does your husband want to meet me ? She say , it is not good that you guys do not know one another . Yet , me , I communicate with you now and then . And now , my husband is more than willing to meet you . And I want , me as Fundiswa , I want you to meet my husband”

Brigadier Nkhwashu found the request to meet Mr Molefe strange given that the couple married in 2021 but the request came in 2024; he conveyed this feeling to Fundiswa.

“did you find it at all strange that this request was coming in 2024 when they got married in 2021 and you started knowing of him and his intention to marry in 2005 ? ... Of course , Advocate , I find it strange . ... Yes , of course . As we were discussing , I asked politely ... I said , oh , okay . It is fine .”

Brigadier Nkwashu was initially not convinced but started to give a man a benefit of doubt regarding his character and personal situation including being in the process of a divorce.

“B u t s t i l l , I w a s n o t c o n v i n c e d , b u t a l i t t l e b i t c o n v i n c e d t o t h i n k t h a t m a y b e h e i s t r y i n g t o q u a l i f y t h a t h e i s a g o o d m a n f o r m y s i s t e r . B e c a u s e h e e v e n t o l d m e t h a t h e i s i n t h e p r o c e s s o f a d i v o r c e”

Brigadier Nkwashu acknowledges that keeping grudges over a long time does not assist him and that he cannot dispose of or wish away a person like Fundiswa, emphasizing persons are not disposable.

“I am the elder in my family. And as I grow and mature, I realise that keeping grudges for that long is not really assisting me, even myself. And, however, Commissioner, you will know that there is no dustbin for people. And you do not choose to be in the family or in a family relationship. And I cannot dispose, even if I might not have forgiven, but I cannot wish her away. I cannot dispose of a person. Persons are not disposable.”

Brigadier Nkwashu admits that he has not spoken with Fundiswa many times since 2005 and does not have the dates of those interactions.

“Since 2005, I have submitted that I have not spoken to Fundiswa many times. However, Commissioner, I have also submitted that I just do not have the dates with me.”

Brigadier Nkwashu and Fundiswa also met with Katiso at Fundiswa's house in Fourways before Katiso's arrest; during which Brigadier Nkwashu conveyed to Fundiswa concerns about being sold out when she asked why he was asked to meet Fundiswa's husband.

“After that meeting where we parted ways, after I said I do not discuss work cases, I believe we have met with Katiso before his arrest. And that could not be correct that I met him once. ... We met at their house in Fourways, which is Fundiswa's house. And also in that weekend, Fundiswa visited with his nephew, and then we met, we sit and dine, and then I asked Fundiswa separately ...”

Brigadier Nkwashu states that Katiso assured him it would not be possible to put him under the bus or to sell him out and that he had missed Fundiswa for quite some time and continued to take care of her needs.

“No, no, no, that cannot be the case. I would not have wanted you to meet my husband, and at the same time set you under the bus, me and you having missed each other for so long. ... I do not believe I did not know what you say you discussed with Katiso. ... I will say, yes, I forgive.”

Brigadier Nkwashu could have been influenced by Fundiswa, who guaranteed that the security job negotiation was not a lure.

“And Fundiswa, do you see where you put me? Now, she was saying the same thing... I was overclouded with anger, to say, I want him to tell me in my eyes... and he denied it until the last visit.”

The first visit by Brigadier Nkhwashu to the accused was problematic because it involved using her position to arrange after-hours access for food and clothes delivery, which is not typical conduct for someone seeking answers while angry.

“you use your position to contact somebody ... that first visit that you made ... you use your position to contact somebody ... you get to told you can come ... you do arrive there ... That is the first problem I have about that first visit that you made.”

Fundiswa called Brigadier Nkhwashu in February to accompany her to see Katiso, and Nkhwashu's explanation for the second prison visit was seen as unsatisfactory given Molefe's serious criminal charges.

“Fundiswa called you and said, I am coming up ... I am going to see Katiso, so please pick me up and go with me ... why did you not remain in the car ... you are a senior police officer ... Why are you associating with someone accused of such serious crimes?”

Brigadier Nkhwashu accepted that the reason she went to see Mr Molefe was not limited to delivering clothing but also to confront him.

“it was obviously to go and give him the clothes ... and obviously which I was asked by Fundiswa...”

Brigadier Nkhwashu used her rank and position to access the Area Commissioner and the facility after hours to deliver clothes and food, which Fundiswa alone would not have been able to arrange.

“Fundiswa alone would not have been able to call an Area Commissioner ... and all of that ... that is because of your position.”

Brigadier Nkhwashu and Fundiswa knew Mr Molefe was remanded to Groenpunt Prison after court and therefore knew where to deliver clothes and food, contradicting a misleading statement in paragraph 49 of his statement.

“You already knew in the same way that Fundiswa knew where he was and could have taken the food and the clothes to him... Your involvement was not because she does not know where to find him. She knew where he is. You knew where he is.”