Councillor fined R2 000 for illegal firearm

ANC councillor Lihle Khuzwayo strides out of the Durban Magistrate's court after his case yesterday.

ANC councillor Lihle Khuzwayo strides out of the Durban Magistrate's court after his case yesterday.

Published Nov 2, 2011

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YOGAS NAIR

AN ANC councillor who was found in possession of an unlicensed gun inside Durban’s City Hall, got off with a slap on the wrist – a R2 000 fine – after he pleaded guilty to the offence yesterday.

In the Durban Magistrate’s Court, Lihle Barrington Khuzwayo, 33, the Ward 89 councillor in Umlazi, said he broke the law to protect the lives of his two wives and seven children, who were under threat.

He was sentenced to a R4 000 fine or 12 months imprisonment. Half of the fine and sentence was suspended for three years on condition he did not commit the same offence in that period.

Khuzwayo had been attending a workshop on corruption in the city hall on September 21, when he was arrested by Warrant Officer Deena Naidoo of the Durban Organised Crime Unit, Cato Manor.

Firearms are banned at city hall and have to be declared at security.

Before passing sentence, Magistrate Bongkosi Ndokweni said South Africa was inundated with unlawful guns and that people were being killed daily using these weapons, which in most cases could not be traced.

He said the fact that Lihle claimed his life and that of his family was under threat did not justify his actions.

“Society condemns the use of illegal firearms because of the consequences that flow from such possession. These firearms have led to the killing of innocent people, including senior leaders in our region. Also, a councillor is not expected to unlawfully possess a gun.”

Khuzwayo was not declared unfit to own a firearm, but Ndokweni warned he should not be fooled into unlawful possession again, and should apply for a licensed firearm.

In the guilty plea, read by his attorney, Aslam Shaikjee, Khuzwayo said threats on his life began in November 2010, soon after he was elected as a candidate for the 2011 local government elections.

He claimed that he received a string of SMSes on his cellphone telling him not to contest the elections or he would be killed.

The ward he was contesting was an IFP stronghold, however he went on to win by under 20 votes.

He eventually turned to the municipality for protection. In July, three full-time bodyguards were hired to protect him from 6am to 6pm, seven days a week.

He said he fled his house in Umlazi and moved to a safehouse with his family.

The plea further stated that Khuzwayo was left vulnerable from 6pm until 6am, and this led him to accept an offer of a gun from a friend, Jabulani Xolo.

He said he knew what he was doing was wrong, but he feared for his family and agreed to take the gun, which was handed to him at the city hall by Xolo on September 21.

In mitigation, Shaikjee said Khuzwayo was the sole supporter of his family and had apologised to the community for falling foul of the law.

Shortly after sentencing, Khuzwayo said he was relieved it was over and he could get on with his work.

eThekwini speaker Logie Naidoo said the councillor had apologised for his error in judgment and had only accepted the gun for protection of his family.

“He co-operated with police and knows if he falls foul of the law again he will go to jail and lose his seat at council.”

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