Sipho Madonsela is still serving a life sentence in jail for the murder of Dumezweni Innocent Ndlovu, a living man who claims he has never encountered him.
The startling discovery was made at Pietermaritzburg New Prison during a victim–offender dialogue (VOD) session which took place recently.
Instead of fostering reconciliation between offenders and their victims, the programme revealed what seems to be a more than two-decade-long wrongful conviction.
Standing in front of Ndlovu, Madonsela, who has been incarcerated since 2001, expressed regret for allegedly “stabbing him to death” in Durban.
A shocked Ndlovu, very much alive and unharmed, rejected the apology outright.
Speaking to Sunday World, Ndlovu said: “I have finally met Madonsela, and I can confirm that I’d never seen him before.
“Correctional Services officials summoned me for a VOD meeting. He [Madonsela] explained that he is serving a life sentence for stabbing and killing me in Durban.
“I rejected his apology because that was clearly a lie. I’m alive, and I’ve never been stabbed in my entire life. For this reason, the VOD could not proceed.”
Non-existent incident
Ndlovu reportedly said the same thing to prison officials, claiming he was unaware of Madonsela and could not accept an apology for a non-existent incident.
The incident dates back to September 14, 2001, when Sunday World reported that Madonsela and his friend, Mthandeni Shange, had been arrested and later sentenced to life imprisonment for Ndlovu’s “murder.”
Both men operated a carwash at Durban’s Blue Lagoon while they were still teenagers.
Shange vividly recalled the day: “Durban Central police approached us, accusing us of stabbing Dumezweni to death. Before we could respond, they assaulted us and threatened us with firearms.
“Eventually, we were arrested and taken to the holding cells. Throughout the trial, there was no evidence linking us to the crime. But the court still found us guilty of killing Dumezweni.”
For more than 20 years, the men were incarcerated for a crime that does not seem to have happened.
Only in 2021, when VOD officials located Ndlovu’s residence and verified his survival, did the truth start to come to light. Shange was subsequently released on parole in 2023 after serving 20 years.
Nevertheless, Madonsela is still behind bars. His case calls into question due process, judicial supervision, and police behaviour in South Africa’s criminal justice system.
Department not taking blame
Singabakho Nxumalo, the Correctional Service’s spokesperson, stated that the department has no control over the situation.
“Upon admission, every offender goes through an orientation that includes information about the appeal process. In this case, Madonsela was sentenced to murder in October 2005 by the Scottburgh Regional Court,” Nxumalo said.
He said the department is responsible for incarceration and rehabilitation, highlighting that the victim was identified using his case number, 1593/06/04, from the Durban Central police station and was confirmed by Madonsela.
“When it became apparent that the victim was not familiar with the case, we ensured that he [Madonsela] was thoroughly informed of his rights to appeal.
“Ultimately, the determination of whether he is wrongfully imprisoned rests solely with the court, as this matter is beyond the jurisdiction of Correctional Services,” he said.
