NPA DPCI joint statement on formal inquests in TRC matters

24 October 2022

The following is in respect of inquest proceedings on the following matters which emanate from the Truth and Reconciliation Commission proceedings:

- Ntombikayise “Ntombi” Kubheka

- Musawenkosi “Sbo” Phewa

- Zamukwenzani Bright Mlobeli/Sokhulu, and

- Jameson Ngoloyi Mngomezulu

Ntombikayise “Ntombi” Khubeka, Musawenkosi “Sbho” Phewa and Zamukwenzani Bright Mlobeli/Sokhulu were ANC activists and were alleged to be members of the KwaMashu ANC Cell, which had amongst its activities, a responsibility to provide shelter and food to members of Umkhonto Wesizwe (MK) who had been deployed to carry-out military assignments inside the country. During 1986 the Port Natal Security Branch received intelligence information about the operations of the ANC Cell at KwaMashu. Consequently, the Security Branch planned an infiltration of this ANC Cell and to achieve their objectives, solicited assistance from Vlakplaas for the services of askaris.

The askaris from Vlakplaas having been deployed, successfully infiltrated the KwaMashu ANC Cell. This infiltration led to the disappearance of several ANC activists including Musawenkosi “Sbho” Phewa and kidnapping of Zamukwenzani Bright Mlobeli/Sokhulu and Ntombikayise “Ntombi” Khubeka.

During the Truth and Reconciliation Commission proceedings several Port Natal Security Branch members applied for amnesty relating to the kidnapping and death of Ntombikayise “Ntombi” Khubeka. Some of the applicants were granted amnesty whilst others were not.

The National Prosecuting Authority was subsequently mandated to look at matters where amnesty was not granted by the TRC and decide whether there is a prosecutable case or not. To assist NPA in arriving at a proper decision, the DPCI was mandated to conduct investigations in such matters. To assist with the speedy resolution of these matters, parliament approved the establishment of units by both NPA and DPCI to focus on these matters.

The Director of Public Prosecutions in KwaZulu-Natal, after reading the dockets that were submitted by DPCI: KZN TRC UNIT in these matters, has decided that formal inquests should be held. Senior State Advocates from the NPA's TRC Unit will be handling the inquest proceedings which are set down for 24 - 28 October 2022 at Mlazi Magistrates' Court.

The Director of Public Prosecutions in KwaZulu-Natal also considered the matter of the death of Jameson Ngoloyi Mngomezulu, who is alleged to have been an ANC activist who was abducted in 1985 from Swaziland by members of the Jozini Security Branch, assisted by askaris from Vlakplaas. He was taken to Jozini where he was subjected to assault, torture and other serious forms of physical and mental ill-treatment. He died in their hand. His lifeless body was then taken to Sodwana Bay where it was blown up by use of explosives. Certain members of the Security Branch applied and were granted amnesty in respect of his murder whilst others were refused amnesty.

Following investigations conducted by the DPCI: KZN TRC- UNIT, the DPP has decided that a Formal Inquest be held to deal with the matter. Senior State Advocates from the NPA's TRC Unit will be handling the inquest proceedings which is set down set down for 07 - 11 November 2022 at Pongola Magistrates' Court.

Issued by Natasha Ramkisson-Kara, NPA Regional Spokesperson: KZN Division, 24 October 2022