TRC Final Report

Volume 2

Chapter 6

Part Part6

Subsection 5

Killing of Thole Dlamini

36 Mr Kenneth Thole Dlamini, one of the original members of the MUFC, was shot dead after attending a night vigil on the night of 16 October 1988. He had fallen out with powerful elements within the club after testifying against MUFC member Mr Absolom Madonsela. His testimony had led to the conviction of Madonsela.

37 Ms Madikizela-Mandela denies any direct knowledge of or involvement in the killing of Dlamini.

THE COMMISSION FINDS THAT MR THOLE DLAMINI, A FORMER MEMBER OF THE MUFC, WAS IN ALL PROBABILITY SHOT DEAD BY MR CLAYTON SIZWE SITHOLE ON 16 OCTOBER 1988 AS A RESULT OF BEING LABELLED AN INFORMER FOR GIVING EVIDENCE IN COURT AGAINST MR ABSOLOM MADONSELA, THE FORMER SECRETARY OF THE FOOTBALL CLUB. THE COMMISSION ALSO FINDS THAT SITHOLE WAS IN THE COMPANY OF ANOTHER MEMBER OF THE MUFC BY THE NAME OF ‘BOTHILE’ AT THE TIME OF THE SHOOTINGS. THE COMMISSION FINDS FURTHER THAT, AT THE TIME OF THE MURDER, SITHOLE WAS LIVING AT OR WAS A CLOSE ASSOCIATE OF THE MANDELA HOUSEHOLD AND WAS REGARDED BY MS MADIKIZELA-MANDELA AS A MEMBER OF HER FAMILY. WHILST MADIKIZELA-MANDELA WAS NOT PRESENT IN SOWETO AT THE TIME OF THE INCIDENT, THE COMMISSION RECEIVED EVIDENCE THAT SHE KNEW OF THE INCIDENT AND ATTEMPTED TO COVER IT UP BY ASSISTING POTENTIAL WITNESSES TO GO INTO HIDING. THE COMMISSION FINDS THAT MADIKIZELA-MANDELA FAILED TO DISCLOSE HER KNOWLEDGE OF THIS INCIDENT AND, IN ALL PROBABILITY, ASSISTED SITHOLE TO EVADE THE CRIMINAL JUSTICE SYSTEM.

THE COMMISSION FINDS THAT ABSOLOM MADONSELA (WHO ADMITTED AS MUCH BEFORE MEMBERS OF THE SAPS AND THE COMMISSION’S INVESTIGATION UNIT) ORDERED SIZWE SITHOLE TO EXECUTE DLAMINI FOR TESTIFYING IN COURT AGAINST HIM.

ABSOLOM MADONSELA (AKA ‘BIZA’) SAID THAT HE HAD AUTHORISED THE KILLING AND INFORMED THE COMMISSION THAT HE HAD APPLIED FOR AMNESTY FOR THIS INCIDENT. HE WAS TOLD THAT THE COMMISSION HAD NO RECORD OF ANY SUCH APPLICATION. THE CIRCUMSTANCES OF HIS MISSING APPLICATION ARE BEING INVESTIGATED BY THE AMNESTY COMMITTEE.

Deaths of Tebogo Maluleke, Sipho Mbenenge and Sergeant Stephanus Pretorius

38 Mr Frans Tebogo Maluleke (aka ‘Peter’) and Mr Sipho Mbenenge were MK cadres who were temporarily accommodated at the house of MUFC ‘coach’ Mr Jerry Richardson. On 9 November 1988, following a tip-off from Richardson that the MK cadres were staying at his home, police came to the scene. In their attempt to capture the MK members, Security Branch member Sergeant Stephanus Pretorius – Richardson’s police handler – was killed in unusual and unexplained circumstances. Both MK members were also killed.

39 This incident is also directly related to the subsequent disappearance of Lolo Sono and Sibuniso Tshabalala (see below).

THE COMMISSION FINDS THAT MS MADIKIZELA-MANDELA PLACED MK MEMBERS MALULEKE AND MBENENGE IN THE HOUSE OF MR JERRY RICHARDSON FOR SAFEKEEPING. THE COMMISSION FINDS FURTHER THAT BOTH CADRES WERE KILLED AS A RESULT OF A POLICE OPERATION LAUNCHED ON THE BASIS OF A ‘TIP-OFF’ FROM JERRY RICHARDSON, WHO ADMITTED TO PROVIDING THE POLICE WITH INFORMATION IN THIS REGARD. RICHARDSON WAS RELEASED FROM CUSTODY FIFTEEN DAYS AFTER THIS INCIDENT.

THE COMMISSION NOTES THAT MADIKIZELA-MANDELA REFUSED TO ANSWER QUESTIONS DURING THE IN CAMERA HEARING ON WHETHER SHE HAD ANY SUSPICIONS REGARDING RICHARDSON’S QUICK RELEASE, IN THE LIGHT OF THE SERIOUS CIRCUMSTANCES IN WHICH HE HAD BEEN ARRESTED. THE COMMISSION FINDS THAT MADIKIZELA-MANDELA’S SUBSEQUENT TESTIMONY THAT SHE SIMPLY REGARDED RICHARDSON TO BE A VICTIM IN THIS INCIDENT IS NOT CREDIBLE.

THE COMMISSION FINDS THAT MADIKIZELA-MANDELA WAS NEGLIGENT IN THAT SHE FAILED TO INSTITUTE ENQUIRIES INTO THE DEATHS OF THE TWO CADRES AT THE TIME, AND THAT HER MISPLACED TRUST IN JERRY RICHARDSON WAS THE DIRECT CAUSE OF THEIR DEATH.

THE COMMISSION FURTHER FINDS THAT THE INVESTIGATION CONDUCTED BY THE SECURITY BRANCH INTO THE DEATH OF SERGEANT STEPHANUS PRETORIUS WAS RIDDLED WITH INCONSISTENCIES AND OBVIOUS OMISSIONS AND THAT ATTENTION SHOULD ALSO HAVE BEEN PAID TO THE ALLEGED UNCHARACTERISTIC AND ABERRANT ACTIONS OF PRETORIUS. SUSPICIONS OF THESE IRREGULARITIES ARE COMPOUNDED BY THE TESTIMONY OF CERTAIN SECURITY BRANCH OFFICERS, WHICH APPEARED AT TIMES TO BE LESS THAN CANDID. OF PARTICULAR CONCERN WAS THE TESTIMONY OF MR NORMAN LEMMER, THE INVESTIGATING OFFICER.