The Booysens Magistrate’s Court has removed the case between Annabelle Lebethe and the late Owen Ndlovu from its roll.
The matter was removed on Friday, 2 October 2026. Ndlovu’s wife, Portia Ndlovu , asked the court not to do it.
There were two matters before the court. Ndlovu had opened one against Lebethe. Lebethe had opened another one against him. The court combined them.
Lebethe did not come to court on Friday. Her legal representative did not come either. Instead, an affidavit was sent to the court withdrawing her case against Ndlovu.
“The applicant is withdrawing her application against Owen,” the court said.
The court then dealt with the matter Ndlovu had opened. It said it no longer had jurisdiction because he is dead.
“Now that the court has his death certificate, the matter is being removed from the roll,” the court said.
Portia told the court she did not want that to happen.
“My husband was killed a day before he could come to court. The criminal matter is being investigated, and I am asking this court not to remove it from the roll,” she said.
The court said the matter was being removed, not withdrawn. It said this does not stop the police investigation.
“There’s nothing that stops investigations from continuing, and this file can be uplifted at any time and be used in the criminal case. But for the purposes of this court, we don’t have the authority to continue, unless there is someone who says, ‘I’m coming to continue with this case as a second applicant,'” the court said.
Portia insisted said she was continuing with the matter. The court stood the matter down for a few minutes.
When it resumed, the court still said the matter must come off the roll.
“According to procedure, once the applicant is no more, we don’t keep the file on the roll. But if there is any interested party who wants to proceed, there is nothing that stops that person from continuing. But there is no need for it to be cluttering the roll,” the court said.
On 17 July 2026, the same court handed down judgment in Lebethe v Ndlovu (PHA 315/2025).
Ndlovu was kidnapped in Katlehong on 15 September 2026. He was found dead in Thokoza the next day. The Germiston Trio Crimes unit is investigating the murder under case number CAS 190/9/2026.
A related matter, PHA 1628/2026, had been postponed to 2 October.
Africa Daily has also reported on a burglary at the offices of Ndlovu’s attorneys in Sunnyside (CAS 898/8/2026). It has reported on a parliamentary reply about 11 stalled police cases as well.
“I still want justice for my husband”
Speaking to Africa Daily after the proceedings, Portia said she was not well enough to be in court. She came because she had to honour the court date.
“I’m not even fit enough to be standing in court, but I had to honour the court date. I was puzzled that the other party was not even here. I only learned from the magistrate that they are withdrawing their application against my late husband. I am also confused as to how they knew the matter which was opened by my husband would be removed from the court roll,” she said.
She said she was unhappy with the outcome.
“I’m not happy that the case has been removed, because my husband was killed a day before the court date. I still want justice for my husband, even if he is in his grave. I tried to reason with the magistrate, and I am disappointed. I am now going to seek legal advice,” she said.
She said the outcome affects her directly, which is why she wants justice for him.
