Alleged United Kingdom fugitive Ndodana Mkhanyisi Tshuma (46) has entered into a plea and sentencing agreement with the National Prosecuting Authority (NPA), pleading guilty to offences relating to the unlawful possession of firearms and ammunition, as well as contravening the Immigration Act.

Tshuma appeared before the Johannesburg Magistrates’ Court on Tuesday in two separate matters. The first concerns extradition proceedings instituted following a request by UK authorities; the second relates to charges arising from his alleged unlawful possession of firearms and ammunition.

Under the section 105A agreement, Tshuma pleaded guilty to four charges: unlawful possession of a prohibited firearm with an obliterated serial number, unlawful possession of an unlicensed firearm, unlawful possession of ammunition, and contravention of the Immigration Act.

The court partially heard the plea and sentencing proceedings in the firearms matter before adjourning to allow the State an opportunity to obtain the necessary authorisation for the agreement. The extradition proceedings were postponed to Thursday 10 September for hearing.

Background

Tshuma, a British citizen of Zimbabwean heritage, was arrested by police in Kensington, Johannesburg, on Friday 10 July, days after fleeing the United Kingdom. He is wanted by Bedfordshire Police in connection with the deaths of his wife, Nothabo Zandile Tshuma (42), and their daughters, Natalie (15) and Nala (five), whose bodies were discovered at the family home near Bedford.

According to the NPA, Tshuma initially entered South Africa legally through OR Tambo International Airport on Sunday 5 July, but his immigration status subsequently changed as a result of his fugitive status. Under the Immigration Act, he is regarded as both a prohibited and undesirable person, and is therefore considered to be in the country illegally.

He was allegedly found in possession of an unlicensed 9mm handgun at the time of his arrest.

Potential sentencing

The court has previously warned Tshuma about the potential consequences of a conviction on the firearm charges, noting that South African law imposes a minimum sentence of 15 years’ imprisonment for a first offence of unlawful firearm possession, escalating to 20 years for a second offence and 25 years for a third.

Extradition

South African prosecutors have confirmed their investigation is complete and that the state’s extradition request from the UK, covering three counts of murder, is ready to proceed. Justice Minister Mmamoloko Kubayi has confirmed that Tshuma will be extradited to the UK once the necessary paperwork has been finalised.

Tshuma’s lawyer, Chrispen Machingura, previously indicated that any plea agreement resulting in a prison sentence could delay his return to the UK, meaning he would remain in South Africa for longer.

NPA statement

The NPA said it remains committed to ensuring that all matters before the courts are prosecuted in accordance with the law and that the interests of justice are upheld.

ALSO READ: Extradition case against alleged UK fugitive moves forward