TRC Final Report

Volume 3

Chapter 3

Subsection 21

The Killing of Dion Cele

MK member Dion ‘Charles’ Cele (real name Mzimela), based in Swaziland, was involved in smuggling arms to South Africa. He was also allegedly responsible for a number of explosions in the country and for recruiting cadres for internal and external training.

Cele was abducted from Manzini, Swaziland, in July 1987 by Security Branch members Sergeant Lawrence Wassermann and Mr Hentie Botha, with the help of an unknown informer, and taken to a house in the eastern Transvaal for questioning. When he refused to co-operate he was taken to the Security Branch farm at Elandskop, Natal. His hands were tied and a bag was forced over his head. He was hit with a heavy piece of wood on the head and finally shot in the head.

The following security policemen have applied for amnesty for the abduction and killing of Cele: Sergeant LG Wassermann [AM4508/96], Colonel Andy Taylor [AM4077/96], Mr H J P Botha [AM453/97], Mr J A Vorster [AM4390/96], Mr J H S Labuschagne [AM5005/97] and Mr A E Verwey [AM5018/97].

The Killing of Phumezo Nxiweni

Mr Phumezo Nxiweni²⁵ was a student at the University of Natal Medical School. He was arrested in February 1987 in connection with two explosions in Durban during 1985. The first was a limpet mine explosion at the XL tea-room on 19 June 1985 in which seven people were injured; in the second incident a bomb exploded at the Spar Foodliner in St George’s Street, Durban.

In May 1986, Nxiweni was one of ten accused in the Dudu Buthelezi trial in connection with thirteen attacks committed in the Durban area. He was acquitted in February 1987. Security Branch members also suspected Nxiweni of involvement in the fatal Amanzimtoti bombing in December 1985 (see below).

In November 1988, Nxiweni was abducted and taken to the Security Branch farm at Verulam for interrogation, where he was killed and bureid.

Seven Security Branch members applied for amnesty in respect of the killing of Nxiweni: Mr H J P Botha [AM453/97], Mr J A Steyn [AM453/97], Mr J A Vorster [AM4390/96], Lieutenant Sam du Preez [AM4130/96], Colonel ARC Taylor [AM4077/96, deceased], Mr C van der Westhuizen [AM4388/96], and Sergeant LG Wasserman [AM4508/96]

The Killing of Bhekayena Raymond Mkhwanazi

Mr Bhekayena Raymond Mkhwanazi, [KZN/FS/121/DN], known by his MK name ‘Tekere’, left the country in 1984 after being harassed by the police. According to the amnesty applications of a number of Security Branch members, ‘MK Tekere’ was caught while on a mission to place bombs in the Durban area. He was abducted and taken to the Security Branch farm at Elandskop, where he was killed.

The following members of the SAP have applied for amnesty: Lieutenant-Colonel JA Vorster [AM4390/96], Colonel ARC Taylor [AM4077/96], Mr S du Preez [AM4130/96] and Mr LG Wasserman [AM4508/96].

The Killing of Mxolisi Penwell Khumalo, aka ‘MK Mubhi’

MK operative Mxolisi Khumalo aka ‘MK Mubhi’ was killed on 30 July 1988 at Pietermaritzburg in an incident in which, according to the police, a hand grenade in Khumalo’s possession exploded.

The Commission conducted a special investigation into Khumalo’s death following allegations contained in a statement made by a retired member of the Greytown Security Branch, a Warrant Officer Gwala. Gwala alleged that Pietermaritzburg and Greytown Security Branch members, notably Sergeants Simon Makhaye, Thulani Kleinbooi, Zimu and Mzolo, were responsible for Khumalo’s death. He told the Commission that Khumalo was deliberately lured to a place in Sobantu where he was killed²⁶ .

Khumalo’s mother, Ms Joyce Ntombiayise Khumalo, told the Commission that her son went into exile in 1986. In July 1988, he came to see her at home. About two to three months later, she heard that her son might have been killed in a bomb blast at Magogo soccer field in Sobantu.

Sergeant Simon Makhaye was subpoenaed to appear before the Commission in terms of section 29 of the Act. He told the Commission that he had been present at the time of Khumalo’s death, accompanied by Sergeants Kleinbooi, Zimu and Mzolo. He said they had obtained information about an MK operative in the area and had found Khumalo, who was allegedly known to Zimu. According to Makhaye, the four policemen tried to arrest Khumalo, but he reached for a grenade in his pocket and a struggle ensued. Makhaye stepped away to avoid the explosion. Kleinbooi allegedly shot Khumalo, who threw the grenade at Zimu, injuring him slightly in the explosion.

Commission investigators established that neither the Mountain Rise police station nor the Pietermaritzburg mortuary had any record of Khumalo’s killing. It was later discovered that Khumalo’s remains had been buried in a pauper’s grave at the Mountain Rise Cemetery on 8 August 1988, under the name of ‘Thembilile Gladman Sithole’. The inquest report number handed to the Commission concerned a pedestrian accident in Edendale that bore no relation to either Khumalo or one Thembilile Gladman Sithole.

The Commission arranged for Khumalo’s remains to be exhumed. This was done on 11 May 1998. State pathologist Dr Steve Naidoo attended the exhumation and conducted a thorough examination of the remains. He told the Commission that, although there had been some erosion of the bone matter in view of the normal passage of time, the skeletal frame was largely intact. Bone fragmentation found at the base of the skull was consistent with a gunshot wound to the head. Dr Naidoo said that there was no evidence that would indicate an injury by hand-grenade explosion.

In his Section 29 hearing, Sergeant Makhaye indicated that Sergeant Zimu knew Mr Khumalo, yet the police claimed that his true identity could not be established and he was buried under false documentation. Although no inquest was held, documentation from the former Security Branch states that an inquest was finalised.

IN REVIEWING EVIDENCE OF GROSS HUMAN RIGHTS VIOLATIONS PERPETRATED BY THE STATE IN NATAL AND KWAZULU DURING THIS PERIOD, THE COMMISSION FINDS THAT THE SECURITY BRANCH OF THE SAP ENGAGED IN UNLAWFUL COVERT ACTS RESULTING IN THE DISAPPEARANCE AND TORTURE, AND IN MANY SUCH CASES, THE DEATHS OF POLITICAL ACTIVISTS OPPOSED TO THE SOUTH AFRICAN GOVERNMENT. THE COMMISSION FINDS THAT IN SOME CASES POLITICAL ACTIVISTS WERE DELIBERATELY KILLED BY MEMBERS OF THE SAP. THE SAP IS HELD ACCOUNTABLE FOR THE GROSS VIOLATIONS OF HUMAN RIGHTS REFLECTED BY THESE ACTS.