TRC Final Report

Volume 3

Chapter 3

Subsection 48

IN RESPECT OF BOTH GCINA MKHIZE AND ROMEO MBAMBO, AN ATTEMPT WAS MADE TO PREVENT THEM FROM BEING PROSECUTED.

IN THE CASE OF GCINA MKHIZE:

• BRIGADIER MZIMELA ARRANGED FOR HIS TRANSFER OUT OF ESIKHAWINI ONCE HE HAD COME UNDER SUSPICION.

• THEREAFTER HE WAS TAKEN TO CAPTAIN LANGENI BY DALUXOLO LUTHULI AND OTHERS IMMEDIATELY PRIOR TO HIS ARREST IN ORDER FOR ARRANGEMENTS TO BE MADE FOR HIM TO GO INTO HIDING. AT A CERTAIN STAGE DURING THESE ARRANGEMENTS, ROBERT MZIMELA WAS PRESENT.
• WHEN HE REFUSED TO GO INTO HIDING, HE WAS ADVISED TO COMPILE AN ALIBI.
• IN THE CASE OF ROMEO MBAMBO:
• MAJOR MCHUNU AND BRIGADIER MZIMELA MADE SEVERAL SUGGESTIONS AS TO HOW THE INVESTIGATIONS SHOULD BE SABOTAGED BY TAMPERING WITH BALLISTIC EVIDENCE.
• MBAMBO WAS ALLOWED TO CHOOSE WHERE HE WISHED TO BE DETAINED AND ALLOWED TO TRAVEL INTO TOWN TO DRAW MONEY FOR BAIL.
• MAJOR MCHUNU RECOMMENDED BAIL OF R500 BE GRANTED AND, WHEN THIS FAILED, HE, BRIGADIER MZIMELA AND AN ATTORNEY (NOW DECEASED) BY THE NAME OF GABELA ARRANGED FOR HIM TO APPEAR BEFORE A COURT NOT IN SESSION FOR BAIL TO BE GRANTED.

IN THE SUBSEQUENT SUPREME COURT TRIAL, MR JUSTICE VAN DER REYDEN COMMENTED ON THE INITIAL INVESTIGATIONS, INDICATING THAT WHEN THE TRIAL COMMENCED HE WAS TAKEN ABACK BY THE APPALLING STANDARD OF INVESTIGATION BUT LATER REALISED THAT WHAT HE HAD TAKEN FOR INCOMPETENCE WAS IN FACT A DELIBERATE COVER UP.

IN PASSING SENTENCE, THE COURT FOUND THAT THE THREE ACCUSED COULD NOT HAVE ACTED ALONE AND CALLED FOR FURTHER INVESTIGATIONS INTO THE ACTIVITIES OF THOSE WHO HAD DIRECTED THE HIT SQUAD.

THE ATTORNEY-GENERAL: KWAZULU-NATAL DECLINED TO INSTITUTE ANY FURTHER PROSECUTIONS.