TRC Final Report

Volume 2

Chapter 3

Subsection 40

Mxolisi Penwell ‘Mubhi’ Khumalo

367 According to the records of the Centre for Adult Education, two armed policemen arrested Mr Mxolisi Penwell ‘Mubhi’ Khumalo in Sobantu on 30 July 1988 at about 19h30. According to this version, a hand grenade detonated, killing Khumalo and, according to rumour, the two policemen. Two gunshots were heard immediately after the hand grenade blast. A statement submitted to the Commission by the Khumalo family [KZN/NNN/427/DN] states that Khumalo went into exile in 1986 and returned briefly in July 1988. The family was told that he had died in a bomb blast on a mission at a soccer field in Magqonqo.

368 In a section 29 hearing, Sergeant Bonginkosi Simon Makhaye admitted to involvement, along with other named Security Branch members, in the death of Khumalo. They were acting on information provided by a Colonel Voster or Vosloo. Makhaye said that the three attempted to overpower Khumalo, but he reached into his pocket and detonated a grenade. Two of the police were slightly injured and Khumalo was shot dead.

369 The Commission subsequently located a pauper’s grave in Pietermaritzburg where Khumalo had been buried under the name of Sithole. On further forensic examination of the remains, no trace of a grenade explosion was found. A bullet wound was found at the base of the skull (see Volume Three).

Mthetheleli Gcina

370 Mr Mthetheleli Gcina was shot dead in Gugulethu, Cape Town, on 27 September 1988 by askari Lucky ‘Agrippa’ Madubula and Mr David Musimeke. They said that an informer pointed out Mthetheleli to them while they were travelling in a minibus and wearing civilian clothes. Mthetheleli allegedly produced a pistol and fired shots at them, after which they shot and fatally wounded him.

Patrick Welile ‘Deks’ Dakuse

371 Mr Patrick Welile ‘Deks’ Dakuse, a well-known political activist, was shot dead by Murder and Robbery Unit members, Lieutenant Des Segal and Sergeant Etsebeth, on January 23rd 1989, allegedly while showing police the site of a buried weapon in the bushes next to Khayelitsha. Dakuse was allegedly a suspect in the killing of a councillor.

372 Segal stated that, after several days of questioning, Dakuse said he would point out where his weapon was buried. With his hands cuffed in front of him, Dakuse allegedly directed them to a bushy area on the outskirts of Khayelitsha and pointed out a site. He then dug a small hole with his hands and produced a plastic packet with an object in it, which he handed to Segal. While Segal was examining this, Sergeant Etsebeth allegedly saw Dakuse produce a grenade and fiddle with the detonator. Etebeth fired two shots at Dakuse, killing him. A .38 Smith and Wesson revolver was found in the plastic packet. Explosive expert Warrant Officer Theron took possession of a grenade.

373 At the inquest, Wynberg magistrate G Hoffman found that Dakuse was killed by police acting in self-defence. No photographs were presented to the inquest hearing of the position of the hand grenade at the scene. A photograph of the explosive in a plastic bag in an office environment was presented instead.