Phungula was killed, together with Mr M L A Mhlongo, by an informal ‘people’s court’ on 8 October 1993 [CR 41–10–93].
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.
62 Nkabinde was the Midlands secretary at this time.
63 Mr Melusi Gwala, Mr Southern Zondi and Mr Khayi Mtshali were charged with the killing of Mbongwa and Ximba. They were acquitted after a witness declined to testify for fear of his family’s safety. In another case, Mr Khomba Mngadi (ex-IFP, Patheni group SDU), Mr Musa Mkhize (Smozomeni SDU) and Mr Mxolisi Dlamini were charged and convicted for the killing of Mbongwa and Ximba and were sentenced to 25 years imprisonment. Mr Mpa Mtolo was acquitted in this trial. At trial witnesses testified that Nkabinde was present at the killing. No finding was made on the death of Mzo Mkhize and Mfaniseni Latha who were killed by stray bullets. All of the above are Richmond SDU members. Human Rights Committee, June 1996.
VOLUME 3 CHAPTER 3 Regional Profile: Natal and KwaZulu PAGE 302