TRC Final Report

Volume 3

Chapter 3

Subsection 55

Self-defence units (SDUs)

365 Substantial evidence placed before the Commission points to the fact that Mr Sifiso Nkabinde, the person responsible for the establishment of one of the largest self-defence units in the country, was recruited by the SAP Security Branch in 1988 as a registered source. He was recruited by Captain J T Pieterse and his task was to monitor political activists and inform the police about the movements of Umkhonto we Sizwe cadres. His previous handler, prior to his exposure as a Security Branch informer and subsequent expulsion from the ANC in 1997, had been security policeman Shane Morris. An extract from a Security Branch file on source SR 4252 outlines information obtained from Bhekumusi Gabriel Nkabinde, which is Nkabinde’s full name. The source is registered under the name of Derrick Nene.

366 Sifiso Nkabinde’s SDU structure allegedly became one of the most powerful in the Natal Midlands. This is borne out by criminal trials in which its members were alleged to be conducting offensive operations against the IFP in areas beyond the boundaries of Richmond, such as in Ixopo⁵² .

367 Sifiso Nkabinde mobilised support in areas further afield, including Impendle, Bulwer and Mooi River.⁵³ It is alleged that Nkabinde garnered support by providing weapons to ANC members in these areas.⁵⁴ In response, his counterparts in the IFP, namely Mr Ndadlazi Paulos Vezi (IFP leader, Patheni), Mr David Ntombela (IFP leader, Pietermaritzburg), Mr Phillip Powell (KwaZulu Natal urban representative, Midlands, and later IFP senator), Mr Dumisani Khuzwayo⁵⁵ (IFP organiser, Ixopo) and Mr Gamantu Sithole (IFP leader, Ixopo) began to mobilise IFP supporters. Violence in these areas flared.

THE COMMISSION FINDS THAT ANC SDUS WERE SET UP IN LOCAL COMMUNITIES WITH THE ENCOURAGEMENT OF THE ANC LEADERSHIP AND THAT SENIOR MEMBERS OF MK WERE CHARGED WITH THE RESPONSIBILITY OF TRAINING AND ARMING THESE UNITS, WHICH EXISTED OSTENSIBLY TO UNDERTAKE THE DEFENCE OF THESE COMMUNITIES. AUTOMATIC FIREARMS, INCLUDING AK-47S, PISTOLS AND GRENADES WERE DISTRIBUTED TO SDUS IN THE AREAS WORST HIT BY THE VIOLENCE, PARTICULARLY THOSE AROUND THE METROPOLITAN CENTRES OF DURBAN AND PIETERMARITZBURG.

THE COMMISSION FINDS THAT, WHILE THE TERMS OF THE PEACE ACCORD PROVIDED FOR THE SETTING UP OF LOCAL DEFENCE STRUCTURES, IN SOME INSTANCES MEMBERS OF THE SDUS ACTED IN TOTAL CONTRAVENTION OF THE SPIRIT OF THE PEACE ACCORD, AND CARRIED OUT UNLAWFUL ATTACKS ON HIGH-PROFILE AND OTHER MEMBERS AND SUPPORTERS OF THE IFP. INTERNAL KILLINGS WERE ALSO A FEATURE OF THE SDU’S OPERATIONS.

THE COMMISSION FINDS THAT THE ANC AT A REGIONAL LEVEL IN KWAZULU/NATAL KNEW THAT MEMBERS OF THE SDUS WERE ENGAGED IN UNLAWFUL ACTS, INCLUDING KILLING, ATTEMPTED KILLING AND SEVERE ILL-TREATMENT, WHICH CONSTITUTED GROSS VIOLATIONS OF HUMAN RIGHTS, AND THAT IT FAILED TO ENSURE THAT THOSE RESPONSIBLE FOR SUCH VIOLATIONS WERE DISCIPLINED OR BROUGHT TO JUSTICE. TO THIS EXTENT, THE ANC IS ACCOUNTABLE FOR SUCH GROSS VIOLATIONS OF HUMAN RIGHTS.

368 Simultaneous allegations were made that the police were assisting the IFP in its struggle against the ANC. These allegations were levelled as early as 1989 and were aimed in the main at Major Deon Terreblanche (now deceased) of the Riot Unit, and its members⁵⁶. In addition, community members have consistently alleged that police were involved in attacks. One notable instance occurred on 23 June 1991 when sixteen ANC-aligned persons were killed and their bodies mutilated. Witnesses claimed that police 4x4 vehicles had been used to offload the attackers and one survivor claimed that the attackers wore police camouflage jackets and were speaking English⁵⁷ .

369 From about 1991, the SDUs in Richmond were torn by internal conflict, the culmination of which were the killings of a popular leader in the area, Mr Mzwandile Mbongwa and others, allegedly by SDU members mainly from the Magoda area.⁵⁸ On the surface, the conflict appeared in part to turn around a power struggle in the SDU and a battle for resources (such as weapons) between units of the SDUs in different areas in Richmond. The alleged justification for these murders was that Mbongwa and others were police informers.

370 During 1990 and 1991, the ANC in Richmond sustained heavy casualties in Ndaleni and Magoda areas when large groups of IFP supporters from Nkobeni and Patheni crossed the borders, burnt houses and killed people. The IFP supporters managed to take occupation of a house in Magoda, which they used as a base from which to launch attacks⁵⁹. As a result of the violence, approximately 20 000 people left the Magoda and Smozomeni areas and took refuge in town⁶⁰ .

371 With the development of the SDUs, however, the tide began to turn against the IFP in the area, culminating in the so-called ‘Battle of the Forest’ mentioned earlier. Owing to the violence in the area, the Richmond SDU was established earlier than other SDU structures. According to a member of the SDU’s intelligence wing, Mr Nto Zuma,⁶¹ Mr Mzwandile Mbongwa (Richmond ANC Youth League leader), Sifiso Nkabinde (ANC Chairperson, Richmond) and Mr Harry Gwala (Natal Midlands ANC leader) formed the SDU in 1989. The Richmond SDU eventually had at least six members per area (10 areas). In addition to this, it had undercover members (or reservists) which brought the total to about twelve to thirteen members in each area.

372 Conflicts arose within the SDUs owing to the perceived favour given to the Magoda SDUs, the area in which Nkabinde had his home. Initially the conflict revolved around the fact that Magoda members were sent on training whilst other areas were not given this opportunity. In addition, in 1990 the SDUs had access to a limited supply of AK-47s and R-4s, which had to be shared amongst areas. This created conflict within the structure. The weapons were held by people from eMaswazini, who were deployed to other areas to defend them from IFP attacks.

373 According to evidence supplied to the Commission, it was decided that, in under-resourced areas such as Ndaleni, R50.00 would be collected from each household to purchase firearms. The evidence places Nkabinde at the centre of this project. Money was collected and a number of AK-47s were purchased.

374 Throughout the early 1990s, conflict between the Magoda SDUs and other Richmond SDUs arose over a variety of issues. At the end of 1992, Nkabinde called a meeting to discuss tensions within the SDU. SDU members complained that Nkabinde’s bodyguard and senior SDU member, Mr Bob Ndlovu, dispensed ammunition only to the Magoda area and that Nkabinde visited only Magoda and not Ndaleni and Isomozomeni. A further complaint was that Nkabinde helped Magoda SDU members to get released when arrested, but did not do this for other SDU members in Richmond.

375 The question of refugees from the IFP stronghold of Patheni also led to conflict within the Richmond SDUs. At a meeting with Nkabinde, it was stated that the Patheni refugees would be safe in the area. After this meeting, however, the Magoda SDU held their own meeting and decided that they would forgive all the refugees except their leader, Mr Zomwakhe Nzimande. The latter was subsequently killed in Richmond by Magoda SDU members. According to witnesses, Nkabinde stated that he agreed with the murder of Nzimande.

376 According to further evidence given to the Commission, other issues over which there was conflict included:

a Conflict over money that was collected to send SDU members for training in the Transkei, but was withdrawn and used by Nkabinde.

b Nkabinde’s role in preventing a strike at a supermarket at which Ndaleni SDU members were employed. The supermarket belonged to an owner of taxis in which Nkabinde had a financial interest.

c Nkabinde’s allegation that he had a list of police informers, on which the names of some Ndaleni SDU members appeared. His bodyguard, Bob Ndlovu, incited people to kill police informers.

377 As a result of this internecine conflict, a number of senior SDU members were killed, primarily by Magoda SDU members.