TRC Final Report

Volume 3

Chapter 3

Subsection 46

The Killing of Bheki Mzimela

Mr Bheki K Mzimela, an induna located in Chief Mathaba’s area of Nyoni, was alleged to be sympathetic towards the ANC because he supported the ANC’s call for a ban on the carrying of traditional weapons. Mathaba enlisted the help of the Esikhawini-based hit squad led by Gcina Mkhize to kill Mzimela. Three members of the hit squad, namely Mkhize, Zweli Dlamini and Israel Hlongwane, together with Jerry Mdanda and a man identified only as Dumisani, went to Induna Mzimela’s home on the night of 23 March 1992 and shot him dead [Amnesty application of Mkhize and Hlongwane].

304 Mkhize, Mbambo and Dlamini were arrested by the SAP (rather than the KZP) in 1993, following pressure from the Goldstone Commission and Advocate Neville Melville, the police reporting officer. Brigadier Mzimela, Captain Langeni and others attempted to prevent the arrest of Mkhize and Mbambo.

305 In 1994, hit-squad members, Mbambo, Mkhize and Dlamini were convicted of a number of crimes carried out by the squad. In mitigation of sentence, the three argued that the hit squad had been set up by senior IFP, KwaZulu Government and KZP members based in Ulundi and Esikhawini. Accepting their evidence in mitigation, the presiding judge, the Honourable Mr Justice Van der Reyden, said that when the trial commenced he was taken aback by the appalling standard of investigation by the KZP. Later he had realised that, what he had taken for incompetence, was a deliberate design to cover up. He said that the three accused could not have acted alone and called for:

a full investigation into the alleged involvement of those persons identified by the accused as the masterminds and puppet masters behind the Esikhawini hit squad.

306 In 1994, the Investigation Task Unit (ITU) was mandated to investigate the allegations of the three accused in the Mbambo matter. In June 1996, the ITU presented a comprehensive report to the Natal Attorney-General, Mr Tim McNally, in which they recommended the prosecution of eight IFP/KZP/KwaZulu Government officials: Prince Gideon Zulu, Mr M R Mzimela, Major M L Langeni, Mr Robert Mkhize, Ms Lindiwe Mbuyazi, Chief Mathaba, Mr BB Biyela, and Brigadier C P Mzimela. In the report the ITU argued that:

Eight of the individuals identified by the accused [in the Mbambo matter] are suspects in the present cases. All three accused are state witnesses in the present matter. They were the ‘foot soldiers’ who executed a programme of murder and destruction at the behest of powerful individuals who by virtue of their positions have been protected from detection. These persons utilised their position in the government and police, the very institutions which were meant to uphold law and order, to facilitate a murderous hit-squad network. Such a network, or form thereof may very well persist today. In so doing, the individuals involved have undermined the rule of law and have contributed substantially to the state of lawlessness and violence that is seen in many parts of KwaZulu-Natal today. These persons continue to occupy key positions of power and influence within the regional government and police. The investigation, as directed by the Supreme Court ruling in the Mbambo matter, has been aimed at exposing and bringing to justice those behind the hit squad (‘the suspects’). It is imperative that those who manipulated and used young operatives, who believed that they were acting with impunity, be prosecuted as vigorously as the operatives have been.

307 The Attorney-General declined to prosecute any of the suspects in the case on the grounds that there were discrepancies between statements made to the ITU by the key witnesses and statements they had previously made to the Goldstone Commission and the SAP. The ITU argued that these discrepancies were easily explained by the fact that, in the earlier statements, the witnesses were still covering up their personal involvement as well as that of their superiors. Despite the discrepancies there was sufficient evidence, including objective evidence, to press charges against the suspects.

308 To date, none of the Esikhawini hit squad’s hierarchy nor any of the other operatives have been prosecuted.

IN RESPECT OF THE ESIKHAWINI HIT SQUAD, THE COMMISSION FINDS AS FOLLOWS:

IN 1991, POLITICALLY MOTIVATED VIOLENCE BETWEEN SUPPORTERS OF THE ANC AND INKATHA ERUPTED AND ESCALATED IN THE ESIKHAWINI AREA OF THE KWAZULU NATAL NORTH COAST.

INKATHA LEADERS APPROACHED THE INKATHA CENTRAL AUTHORITY IN ULUNDI BECAUSE THEY WERE CONCERNED THAT THEY WERE IN THE PROCESS OF LOSING THE STRUGGLE.

DALUXOLO LUTHULI, WHO HAD BEEN APPOINTED POLITICAL COMMISSAR OF THE CAPRIVI TRAINEES DURING THEIR TRAINING IN THE CAPRIVI STRIP, SUMMONED GCINA MKHIZE, A MEMBER OF THE KZP BASED AT ESIKHAWINI AND A MEMBER OF THE GROUP WHICH HAD BEEN TRAINED BY THE SADF IN CAPRIVI, TO A MEETING IN ULUNDI.

THE MEETING WAS ATTENDED BY THE ABOVE-MENTIONED PERSONS AS WELL AS CAPTAIN LANGENI OF THE KZP BASED AT ULUNDI WHO HAD HAD A LONG TERM ASSOCIATION WITH LUTHULI AND THE CAPRIVI GROUP, ROBERT MZIMELA, THE SECRETARY OF THE KWAZULU LEGISLATURE, PRINCE GIDEON ZULU, THE MINISTER OF PENSIONS, AND MZ KHUMALO, THE POLITICAL ASSISTANT TO CHIEF MINISTER BUTHELEZI.

AT THIS MEETING, GCINA MKHIZE WAS INSTRUCTED TO TAKE ACTION AGAINST THE ANC IN ESIKHAWINI. IT WAS THE INTENTION THAT UNLAWFUL MEANS WOULD BE EMPLOYED AGAINST THE ANC. MKHIZE WAS TO PERFORM THESE ACTS IN CONSULTATION WITH MS LINDIWE MBUYAZI AND MR BB BIYELA. BOTH WERE LOCAL INKATHA LEADERS AND MR BIYELA WAS THE MAJOR OF ESIKHAWINI. HE WOULD ALSO TAKE INSTRUCTIONS FROM CAPTAIN LANGENI AND DALUXOLO LUTHULI.

INITIALLY THE PLAN WAS THAT HE WOULD ASSIST THE INKATHA YOUTH CARRY OUT ATTACKS IN ANC DOMINATED AREAS. HE WORKED WITH, INTER ALIA, THE FOLLOWING YOUTH MEMBERS: NLANIMPU MATENJWA, LUCKY MBUYAZI AND SYABONGA MBUYAZI.

CAPTAIN LANGENI ARRANGED THAT WEAPONS FOR THESE ILLEGAL ACTIVITIES WOULD BE SUPPLIED BY A CAPRIVI TRAINEE BASED AT PORT DURNFORD, THOMAS BUTHELEZI.

THE YOUTH WERE UNABLE TO PREVENT THE ANC FROM CONTINUING LAUNCHING ATTACKS ON INKATHA MEMBERS.

THIS WAS REPORTED TO LANGENI AND LUTHULI BY MKHIZE AND THE DECISION WAS TAKEN TO FORM A MORE SOPHISTICATED ‘HIT SQUAD’. MKHIZE WAS NOT PREPARED TO USE THE CAPRIVIANS BASED AT ESIKHAWINI AS SUGGESTED BECAUSE THEY WOULD NOT BE TRUSTED TO REMAIN SILENT ABOUT THE PROPOSED OPERATION OR WERE UNRELIABLE.

MKHIZE PROPOSED THAT KZP COLLEAGUE ROMEO MBAMBO BE APPOINTED AS A MEMBER OF THE HIT SQUAD. HE WAS ACCEPTED AFTER AN INTERVIEW WITH LUTHULI, LANGENI AND MZ KHUMALO. HE WAS GIVEN THE ASSURANCE THAT HE WOULD NOT BE ARRESTED FOR ANY OF HIS ACTIVITIES AND THE MANNER IN WHICH THE HIT SQUAD WOULD OPERATE WAS DISCUSSED IN DETAIL. PRIOR TO THE MEETING, MBAMBO HAD MET WITH MS MBUYUZI WHO HAD SUPPORTED HIS INVOLVEMENT IN THE ENTERPRISE.