Cop granted bail in time to bury son he allegedly shot by accident

● Retired police colonel Wilson Luthuli had a grim task on Friday — preparing for the funeral of his 12-year-old grandson, and paying bail for his policeman son, who is accused of shooting the boy.

The family of Durban police officer Hlonipani Maxwell Luthuli, 39, expressed their relief after he was granted bail on Friday.

Together with his wife and two daughters, Luthuli buried his only son, Kwenama, yesterday at their family homestead in eShowe, northern KwaZulu-Natal.

The grade 7 Northlands Primary School pupil was allegedly mistaken for an intruder and shot by his father at about 10am last Sunday at their family home in Manor Gardens, Mayville.

Luthuli, employed by the South African Police Service as a financial administrator with the rank of sergeant at the Durban harbour, apparently awoke to screams for help from his son at their double-storey home on Queen Elizabeth Drive.

Details are sketchy but it is understood Luthuli saw unidentified people standing at his gate, prompting him to run back upstairs to fetch his state firearm.

During his first court appearance on Tuesday, Luthuli’s attorney, Andile Dakela, said the Luthulis had recently been burgled and hence his client was on edge.

According to state prosecutor Calvin Govender, an initial sweep of the crime scene by investigators and expert witnesses suggested that Luthuli fired at least two shots from a window along the staircase.

“There were two bullet holes in the window frame. It must be noted that there was no curtain on that window and the glass was not broken.”

Govender said one cartridge was found in a gutter while three bullets were found in different places in the yard and seven bullets were missing from Luthuli’s firearm.

He said the postmortem showed that Kwenama had sustained two gunshot wounds, one to his back, the bullet lodging in a left rib, and one on the ankle.

Despite being rushed to Life Entabeni Hospital, 1.6km away from their home, Kwenama succumbed to his injuries.

Neighbours who spoke to the Sunday Times on condition of anonymity said a blue BMW vehicle was seen speeding through the area shortly before the incident.

Luthuli’s father, Wilson, a decorated former colonel and station commander of the Mayville and Cato Manor police stations, told the Sunday Times the family were traumatised.

“He was a very good child and very spiritual. He would pray before going to bed, in the morning and every time before he ate. He was also very humble.”

He paid R2,000 to have his son released on bail at the Durban magistrate’s court.

“We are just relieved he is able to bury his son. He is doing OK but it is still very difficult for us as a family.

“This was an accident, people should be considerate and respect our privacy right now.”

Northlands Primary School principal Alistair Naidu said Kwenama had touched the lives of many at the school.

“Kwenama was a true ambassador of our school. He was a gentle soul who was loved by staff and fellow learners. His kind nature and warm smile will be fondly remembered by all.”

During Luthuli’s bail application on Friday, the state deposed an affidavit by Amanda Pillay, of the Independent Police Investigative Directorate (Ipid), raising concerns that Luthuli could interfere with the witnesses in the matter, his wife and 13-year-old foster child.

It was suggested Luthuli stay at his uncle’s home in Newlands West and not at their home during the course of the case.

The media was barred from taking pictures of Luthuli in court. He remained motionless in the dock, his face often sunk into his hands.

The case was adjourned to August 16.