Four former police officers from the apartheid era have been charged with the 1985 murder of Umkhonto weSizwe (MK) member Jameson Ngoloyi Mngomezulu.  

Gerhardus Stephanus Schoon (82), Paul Jacobus van Dyk (76), Frederick Johannes Pienaar (77) and Douw Gerbrandt Willemse (63) were indicted on charges of murder and kidnapping in the Pongola Magistrates’ Court last week.

Only Schoon and Van Dyk showed up in court. Pienaar provided a medical certificate, while Willemse didn’t provide a reason for not attending and a warrant was issued for his arrest.

“The warrant of arrest for Pienaar was stayed but the warrant of arrest for Willemse was issued forthwith,” said NPA KwaZulu-Natal spokesperson Natasha Ramkisson-Kara.

“The matter was postponed to 18 April 2024, to finalise issues of legal representation.”

‘Severely tortured’

The Truth and Reconciliation Commission’s (TRC) final report detailed the killing of Mngomezulu.

“On 1 June 1985, three members of the Mngomezulu refugee community in southern Swaziland, Mr Jameson Ngoloyi Mngomezulu, Mr David Mkethwa Mngomezulu and Mr Leonard Loghudu Mngomezulu, were abducted and forcibly taken to South Africa. The latter two were detained and tortured for information. After six weeks, they were released and returned to Swaziland.

“Jameson Mngomezulu was not so fortunate. An experienced MK commander who had been trained in North Africa in the 1960s, the security police believed he was involved in infiltrating MK guerrillas into South Africa. He died as a result of being severely tortured,” reads the TRC report.

It said apartheid state assassin Eugene de Kock authorised the abductions, which were carried out by Vlakplaas operatives or askaris, including Willemse, Warrant Officer Gerhardus C Beeslaar, Almond Nofemela, Corporal Thapelo Mbelo and Captain Paul van Dyk, and Detective Warrant Officer Johannes Koole of the Security Branch. 

Apartheid arch-assasin Eugene de Kock. (Photo: Leon Botha)

It said Pienaar, Schoon and Beeslaar were involved in torturing Mngomezulu and the blowing up of his body. Some of those implicated had applied unsuccessfully for amnesty at the TRC.  

Ramkisson-Kara said, “The state is alleging that Schoon and his co-assailants together with askaris and other members of the South African Police Service, acted collectively in the commission of these offences.

“At the time of the commission of these offences, Schoon was the commander of the Jozini Security Branch of the SAPS, Van Dyk and Willemse were members of the Security Branch of the SAPS based in Vlakplaas and Pienaar was a member of the Security Branch based in Piet Retief.”

‘A semblance of closure’

Imtiaz Cajee, an author, activist, and nephew of murdered anti-apartheid activist Ahmed Timol said the reopening of apartheid-era cases was long overdue.

“We know the history. These cases should have been opened in 2003. The reopening of cases must be welcomed, and the NPA, the relevant investigating officers, and authorities must be commended. From the perspective of families, they want to see justice and a semblance of closure in their lifetime,” Cajee said.

He added that those accused of apartheid-era crimes had not had their day in court due to the time it has taken to reopen such cases and the refusal of those involved to cooperate.

“I’ve witnessed first-hand in the Timol inquest with [João] Rodrigues. He never had his day in court because the matter was prolonged for three years and eventually he passed on. In the Dr [Hoosen] Haffejee case, we had a similar matter. The interrogator died; only then did the NPA reopen the inquest,” Cajee said.

Read more in Daily Maverick: The death of Joao Rodrigues: Now we will never know the truth about the death in detention of my uncle Ahmed Timol

“It reminds us that apartheid-era perpetrators, even in their old age, don’t want to take accountability for the crimes they committed and they use the same Constitution to prolong these matters, medical certificates, absence, and all to avoid taking responsibility. This begs the question: what rights do the affected families have?”

Cajee said the cases should be used as a tool to “conscientise and build”, not to sow hate, or hate speech. He called on those in power to lead with integrity.

“Reopening inquests like this and pursuing justice should remind those in power that their comrades like Mngomezulu who died so they can hold political power today, the honour is on them to rule with integrity. We owe it to women and men like Mngomezulu. They did not die to have leaders looting state coffers,” Cajee said. 

Justice Minister Ronald Lamola recently approved the reopening of the inquest into the deaths of the Cradock Four — anti-apartheid activists Matthew Goniwe, Sparrow Mkonto, Fort Calata and Sicelo Mhlauli who were killed in 1985. DM