TRC Final Report

Volume 6

Section 3

Chapter 2

Subsection 26

Internal clashes

246. Some of the conflicts in KwaZulu/Natal relate to internal disputes within the ANC and its allies. Two ANC members, Mr Thulani Christopher Madlala [AM5993/97] and Mr Happy A Mngomezulu [AM7322/97], were granted amnesty [AC/2000/104] for fatally shooting Mr Mpumelelo Phewa at Wembezi, near Estcourt, on 25 March 1994. The incident took place in the context of violent clashes between ANC members and former ANC members who had joined the South African Communist Party (SACP). Despite the intervention of the ANC, which explained that the ANC and SACP were allies, the fighting continued and more people were killed.

Acting in ‘self-defence’

247. Several applicants sought amnesty for incidents in which they themselves were victims of attacks. Regional COSATU chairperson, Mr Muntukayise Bhekuyise Ntuli [AM5201/97], was the victim of an attack by members of the IFP Esikhawini hit squad on 26 August 1992.¹⁶³ Union leaders in particular were targeted for attack by IFP members during this period and most had been assigned bodyguards by the ANC, usually former MK members.

248. Mr Ntuli’s home was surrounded in the middle of the night and he threw a hand grenade belonging to his bodyguard at the attackers, injuring several of them. Several other homes were attacked by the hit squad that night, and eight people were killed. Mr Ntuli applied for and was granted amnesty for the possession of a hand grenade and the attempted killing of four of his attackers [AC/1998/0061].

Clashes with police

249. Five persons applied for amnesty for incidents involving clashes with police. All w e re granted. In the main, these clashes took place when applicants were attempting to avoid arrest. For example, MK operative Joel MC Makanya [AM6627/97; AC/2000/058] was granted amnesty for a shoot-out with police in the Umzumbe area while he was transporting weapons from Gamalakhe, Port Shepstone, in July 1991. ANCYL and SDU member Frank B Khanyile [AM6108/97; AC/2000/014] was granted amnesty for an incident in October 1991 when he and others opened fire on a prefabricated police station in Grey town .

Attacks on criminals

250. Eight people applied for amnesty for killing persons whose criminal activities impeded political activities in the area. Mr Bongani Sydney Dunywa [AM7623/97; AC/2000/103] was granted amnesty for his role in implementing ‘popular justice’. He participated in the panga¹⁶⁴ killing of Mr Nyani Xolo on 26 October 1990 at Thelawayeka Wa rd, Paddock, near Port Shepstone. Mr Xolo was believed to be a criminal aiding the IFP and police.

251. In a different type of incident involving ‘popular justice’, Mr Joe Ngema [AM8078/97; AC/2000/033], who described himself as an SDU commander and a chief marshal in the Umgababa area near Durban, applied for amnesty for two incidents in which alleged criminals were sjambokked¹⁶⁵ and beaten to death in front of residents in June 1993. Mr Ngema alleged that, after incidents of rape and robbery, the perpetrators were found by ‘comrades’ and brought to a stadium for punishment in the form of lashes. When supporters of the criminals came to intervene, they too were beaten. Two died. The following day, after a second reported rape, the ‘comrades’ took a man called Etosh to be disciplined. He too was lashed and died of his injuries.

Armed robberies

252. Nineteen persons applied for amnesty in respect of a number of armed robberies. The Amnesty Committee found the majority of these to be criminally rather than politically motivated and consequently refused amnesty. Four ANC members were refused amnesty [AC/2000/123] for the fatal shooting of Mr Victor Lembede at Ngonyameni Reserve on 21 June 1991 during an armed robbery of his shop.¹⁶⁶ The applicants claimed that the attack was a political assassination as Mr Lembede was allegedly an IFP member. Mr Lembede’s son, who was present during the attack, disputed their version and denied that his father was an IFP member. The Lembede family was in fact related to Anton Lembede, a former ANC president. The Amnesty Committee rejected the applicants’ version.