TRC Final Report

Volume 3

Chapter 3

Subsection 56

The Killing of Zmokwakhe Sibongiseni Mfana Phungula

Mr Zmokwakhe Sibongiseni Mfana Phungula was the Richmond SDU commander and outspoken in his criticism of Nkabinde. He suspected that Nkabinde was a police informer because the Magoda SDU members walked around town openly displaying their firearms and, when they were arrested, Nkabinde would secure their release by speaking to the police.

Phungula was killed, together with Mr M L A Mhlongo, by an informal ‘people’s court’ on 8 October 1993 [CR 41–10–93].

The Killing of Julius Mkhize

Shortly afterwards, Mr Julius Mkhize [KZN/NNN/043/PM], the newly appointed chairperson of the Richmond ANC branch,⁶² was forced to flee to Georgetown where he was killed, allegedly by SDU members [CR 12–10–93].

The Commission was unable to establish conclusively whether the killing was an internal operation by members of an SDU unit, or carried out by unknown persons opposed to the ANC.

THE COMMISSION FINDS THAT SDUS WERE ALSO RESPONSIBLE FOR THE KILLING AND ATTEMPTED KILLING OF AN UNKNOWN NUMBER OF POLICEMEN, AN UNKNOWN NUMBER OF ANC MEMBERS SUSPECTED OF BEING POLICE INFORMERS AND AN UNKNOWN NUMBER OF ANC LEADERS WHO ALLEGEDLY POSED A THREAT TO NKABINDE’S LEADERSHIP.

378 Mr Mnandi Phoswa was murdered on 29 December 1993 by Mr Bob Ndlovu and others, and Mr Mzwandile Mbongwa was murdered on 20 March 1994 along with Mr Musi Ximba, Mr Mzo Mkhize and Mr Mfaniseni Latha⁶³. A pamphlet circulated beforehand accused Mbongwa of being an informer for military intelligence. SDU members alleged that Nkabinde and Bob Ndlovu were responsible for the planning of the murder.

379 In March 1998, Nkabinde’s chief bodyguard, Bob Ndlovu, was given three life sentences in connection with the killing of three Pietermaritzburg policemen in Richmond in 1996. The presiding judge, Mr Justice Galgut, found that Ndlovu and his five co-accused (all Richmond SDU members) had acted in common purpose to ambush and kill the policemen, who were following up on cases in Richmond. In passing sentence, the judge said that the SDUs had conducted a reign of terror in Richmond and that the local residents had lived in fear of their lives. Even the police were not safe.

The SDUs were not subject to the law … they were free to carry on their illegal terror campaign as they pleased … Such lawlessness is a shocking state of affairs. It belongs in a barbaric community and has no place in an organised society.

380 Nkabinde was charged in 1997 with fifteen murders and acquitted on all charges on a technicality in April 1998.

EVIDENCE TO THE COMMISSION INDICATES THAT FORMER ANC MEMBER OF PARLIAMENT SIFISO NKABINDE WAS RESPONSIBLE FOR THE ESTABLISHMENT OF A NUMBER OF SDUS IN THE RICHMOND AREA OF THE NATAL MIDLANDS. THE COMMISSION FINDS THAT MEMBERS OF THESE SDUS CARRIED OUT MANY OPERATIONS AGAINST MEMBERS AND SUPPORTERS OF THE IFP IN RICHMOND AND BEYOND, INCLUDING BULWER AND IXOPO, RESULTING IN THE DEATHS OF AN UNKNOWN NUMBER OF PEOPLE. AN EXAMPLE OF SUCH OPERATIONS WAS THE KILLING OF IFP MEMBER, MR JJ NGUBANE, AT HIGHFLATS IN SEPTEMBER 1993.

THE COMMISSION FINDS THAT MR SIFISO NKABINDE WAS ALSO RESPONSIBLE FOR THE DISTRIBUTION OF ARMS AND AMMUNITION TO SDUS IN THE RICHMOND AREA. SUCH ARMS INCLUDED AUTOMATIC FIREARMS, PISTOLS AND HAND GRENADES. THE COMMISSION FINDS THAT SUCH WEAPONS CONTINUED TO BE DISTRIBUTED EVEN AFTER THE ANC ANNOUNCED THE SUSPENSION OF THE ARMED STRUGGLE IN 1990. THE COMMISSION FINDS THAT NKABINDE MUST HAVE CONTEMPLATED THAT SUCH WEAPONS WOULD HAVE BEEN USED IN THE COMMISSION OF OFFENCES, AND THAT IT WAS LIKELY THAT LOSS OF LIFE WOULD OCCUR.

THE COMMISSION FINDS THAT NKABINDE WAS RESPONSIBLE FOR PROMOTING AND/OR CONDONING A CLIMATE IN WHICH GROSS VIOLATIONS OF HUMAN RIGHTS, INCLUDING KILLING AND ATTEMPTED KILLING, COULD AND DID TAKE PLACE, AND FACILITATED THE COMMISSION OF SUCH VIOLATIONS. HE IS ACCORDINGLY HELD ACCOUNTABLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS THAT AROSE FROM SDU OPERATIONS IN THE AREA UNDER HIS CONTROL.

THE COMMISSION FINDS THAT THE ANC CONSISTENTLY FAILED TO REPROACH, DISCIPLINE OR EXPEL NKABINDE FROM ITS RANKS, AND THEREBY ENCOURAGED A CLIMATE OF IMPUNITY WITHIN WHICH HE CONTINUED TO OPERATE. TO THIS EXTENT, THE ANC IS ALSO HELD ACCOUNTABLE FOR THE AFORESAID VIOLATIONS.