TRC Final Report

Volume 3

Chapter 5

Subsection 36

Mthetheleli Gcina

Mr Mthetheleli Gcina was shot dead by askaris Lucky ‘Agrippa’ Madubula and David Musimeke who stated to the inquest that early on 27 September 1988 they met with an informant who wished to point out a trained ANC ‘terrorist’ to them. They then travelled in a minibus wearing civilian clothes. The informant pointed out an individual in Gugulethu as the said ANC operative. Musimeke and Madubula jumped out of the vehicle and approached him. Gcina allegedly had a plastic bag in his hand and produced a pistol. He then fired two shots while retreating. Both askaris returned fire. Gcina was reportedly wounded on his left cheek and stomach and died en route to hospital. The askaris took possession of a Makarov from him. Lieutenant Desmond Segal arrived at the scene, after apparently hearing shots. Musimeke was involved in the similar attempted killing of MK member Bongani Jonas a year earlier.

Ashley Kriel

Mr Ashley Kriel [CT00307], a young activist from Bonteheuwel, left the country in late December 1985, joined the ANC and underwent military training in Angola. He infiltrated the country in April 1987. The circumstances of his death have been the subject of controversy. On 9 July 1987 Warrant Officer Jeffrey Benzien of the Terrorism Detection Unit together with Sergeant AD Abels went to Kriel’s Athlone home. The two allege that they were disguised as council workers and were only intending to reconnoitre the place.

Kriel allegedly opened the door holding a pistol concealed beneath a towel. A scuffle broke out during which Benzien shot Kriel in the back with Kriel’s own weapon. There is evidence to contradict this version of events. Firstly, it was established that operational planning was done in the Athlone police station prior to the incident. Secondly, other members of the Security Branch were concealed in the vicinity. Thirdly, forensic evidence contradicts this version of events. Blood was found in the bathroom and the floor between the bathroom and kitchen door. Further, the bullet entrance wound indicated direct contact with the skin as opposed to passing through his clothing.

One grenade was allegedly found under a pillow on the bed by Warrant Officer Nel of the Security Branch. No other weaponry was present. The inquest found no one criminally responsible for the death. Despite applying for amnesty for the killing of Kriel, Benzien [AM5314/97] continued to maintain that the death was accidental. The Amnesty Committee had not made a decision at the time of reporting.

Patrick Welile ‘Deks’ Dakuse

Mr Patrick Welile ‘Deks’ Dakuse was shot dead by Murder and Robbery Unit members Lieutenant Desmond Segal and Sergeant Etsebeth on 23 January 1989, allegedly while showing police the site of a buried weapon in the bushes near Khayelitsha. Dakuse was a well-known militant activist. The Commission also has an affidavit made by Dakuse in 1986 regarding his torture and assault in 1986, three years prior to his killing.

Segal stated to the inquest that after questioning, ‘Zola Nzungu’ (Dakuse) indicated that he would point out where his weapon was buried. Dakuse then allegedly directed them to a bushy area near Khayelitsha. Segal states that Dakuse dug while handcuffed, then took a plastic bag out of the hole and handed it to him.

“The next moment I heard Sergeant Etsebeth shout ‘Watch out, hand grenade.’ I instinctively ducked and fell on the ground. At the same time I heard two shots go off and stood up, and I saw that the deceased was lying on the ground and that there was blood on his face. Sergeant Etsebeth reported to me that the deceased had a hand grenade in his hands and that he had fiddled with the detonator. I went through the plastic bag and took possession of a revolver whose serial number was not visible.”

The inquest found that Dakuse was killed by police acting in self-defence.

Ayanda ‘Ace’ Silika

Mr Ayanda ‘Ace’ Silika (23) was shot dead in Crossroads while allegedly escaping from the custody of members of the Unrest Investigation Unit on 12 May 1986. Silika, a youth activist, was arrested as a suspect in the fatal shooting of Constable Patrick Legong on 25 March 1986. His brother, Mr Guarantee Silika, had been shot dead by police during the street conflicts of 1985. The investigating officer stated:

“The suspect acknowledged to me that he had shot the police officer on 25 March 1986. He did it as revenge because the police had shot his brother dead during unrest the previous year. He told me that he was very shocked by the death of his brother and could not accept that his brother was dead. He had a T-shirt made with his brother’s face on it and wore it permanently. The death of his brother tormented him…”

Silika was allegedly taken by the investigation team to Crossroads at 04h00. Certain members then left the Casspir to ‘handle other tasks’. Two unit members remained with Silika, who asked to urinate outside. Silika then allegedly attempted to escape and succeeded in breaking away from the grasp of one unit member and running towards the shacks. It is alleged that one unit member pursued Silika, warned him to stop, and then fired four shots at him, fatally wounding him. The inquest found that no offence had been committed in killing Silika.