TRC Final Report

Volume 3

Chapter 3

Subsection 28

The Case of Aubrey Nyembezi

The Clermont Advisory Board, a representative body elected by ratepayers in the township in September 1982, opposed incorporation. The Board was chaired by prominent Durban attorney Aubrey Nyembezi and composed of mainly UDF-aligned businessmen and advocates.

In October 1985, three weeks before scheduled elections for the Advisory Board, Nyembezi’s home was set alight whilst he and his wife were inside. The couple survived but their house and its contents were destroyed.

Jamile contested the October 1985 election and was defeated. Nyembezi was returned to his position on the newly elected Board, together with Advocate Vuka Shabalala, Mr Zazi Khuzwayo and Mr Emmanuel Norman Khuzwayo.

190 During February 1987, Jamile, together with Inkatha-supporting Chiefs Khawula and Lushaba, were attacked with a petrol bomb in Clermont. Jamile blamed members of the Clermont Advisory Board and allegedly instructed hired hit men to kill members of the Board.

The Attempted Killing of Cornelius Delani Sikhakane, Johannes Sibongumusa Luthuli, Khayelihle Ndlovu, Nkosinathi Sithole and Themba Msimango

During April 1987, Jamile instructed Mr Vela Mchunu and another ‘Caprivi trainee’ to kill UDF members Cornelius Delani Sikhakane, Johannes Sibongumusa Luthuli, Khayelihle Ndlovu, Nkosinathi Sithole and Themba Msimango who were opposed to the incorporation of Clermont into KwaZulu and had used abusive language to Jamile the previous day. Jamile instructed Msizi Hlophe [AM1779/96] to guide the two attackers to a particular house, where they opened fire on the victims. Cornelius Sikhakane and Johannes Sibongumusa Luthuli were injured in the attack.

The Killing of Bhekuyiswe Khumalo

On 5 April 1987, at Mamba Valley Riverside in the Inanda District, Jamile unlawfully and intentionally killed Mr Bhekuyiswe Khumalo, and attempted to kill Mr Thokozile Shabalala. In 1991 Jamile was convicted in the Durban Supreme Court of murder and received the death sentence, later commuted to life imprisonment.

The Killing of Zazi Khuzwayo

During April 1987, Jamile instructed Daluxolo Luthuli to kill Mr Zazi Khuzwayo [KZN/MM/997/DN], a member of the Clermont Advisory Board. Luthuli instructed Sbu Bhengu and ‘Caprivi trainees’ Phumlani Xolani Mshengu, Alex Sosha Khumalo [AM4027/96] and Vela Mchunu, who carried out the attack on 9 May 1987. Jamile’s son, Hlakaniphani Jamile, transported the hit men to and from the scene. Clermont youth Msizi Hlophe [AM1779/96] pointed Khuzwayo out to the assassins.

Hlophe, Luthuli [AM4075/96] and Khumalo [AM4027/96] applied for amnesty in respect of their role in killing Khuzwayo.

The Killing of Pearl Tshabalala

In October 1987, Jamile instructed Daluxolo Luthuli to kill Ms Pearl Tshabalala, a prominent businesswoman and member of a women’s organisation which supported the Clermont Advisory Board. Tshabalala was the wife of board member Vuka Tshabalala. Luthuli instructed four ‘Caprivi trainees’, including Mr Alex Sosha Khumalo and Mr David Zweli Dlamini, to assist him in the killing. Jamile instructed Mr Msizi Hlophe [AM1779/96] to guide the group as they were not familiar with Clermont.

On 15 October 1987, the men fired several shots at Ms Tshabalala’s moving vehicle outside her business premises in Clermont. She survived the attack. On the evening of the 10 February 1988, Pearl Tshabalala was shot dead in front of her five-year-old child as she was leaving her business in Clermont [KZN/MM/992/DN].

The Case of Obed and Zuzwe Mthembu

On 21 February 1988, Mr Obed Mthembu and his wife Zuzwe survived an attempt on their lives. Obed Mthembu, who chaired the North Coast Chamber of Commerce, was opposed to incorporation and had delivered a speech at Pearl Tshabalala’s funeral just four days earlier.

The Case of Nicholas Mkhize

Taxi owner Nicholas Mkhize was killed on 15 July 1988. He, too, was a prominent businessman opposed to incorporation. He was shot dead by Mzisi Hlophe [AM1779/96], who was later convicted for this murder.

The Case of Emmanuel Khuzwayo

On 28 February 1988, Jamile instructed a ‘Caprivi trainee’ to kill UDF supporter Emmanuel Norman Khuzwayo, who was also opposed to the incorporation of Clermont into KwaZulu. Again, Jamile asked Mzisi Hlophe [AM1779/96] to accompany the assassin as a guide. Khuzwayo was killed on the same day.

191 In 1991, Jamile and Hlophe appeared in court facing fifteen charges, including five counts of murder, seven of attempted murder, and three of incitement to murder. In the indictment, Jamile was accused of being involved between 1987 and 1989 in the killing of UDF-associated persons opposed to the incorporation of Clermont into KwaZulu. Two ‘Caprivi trainees’ who were implicated during the trial, Zweli Dlamini and Vela Mchunu, were hidden by the KZP until it was over. Owing to the inability of the police to trace these two suspects and other witnesses, Jamile was convicted on only two counts: one of murder and one of attempted murder. Hlophe was convicted on two counts of murder. Jamile was sentenced to life imprisonment but was released in terms of the Indemnity Act of 1992. He had served just one year of his sentence. Hlophe was granted amnesty by the Commission in 1996.

THE COMMISSION FINDS SAMUEL JAMILE ACCOUNTABLE FOR THE GROSS VIOLATIONS OF HUMAN RIGHTS OF CAPRIVI TRAINEES IN CLERMONT TOWNSHIP.