Inquest reveals apartheid police culpability in 1991 ANC cadre's murder in KwaZulu-Natal
The Durban Magistrates’ Court has ruled that apartheid-era police and askaris were responsible for the killing of Umkhonto Wesizwe (MK) cadre Velemseni Mthunzi Njakazi in 1991, bringing long-awaited closure to his family.
Njakazi, a member of the African National Congress (ANC) and its military wing, was killed by members of the Natal Security Branch on January 28, 1991. Two former security policemen, Tjaart van der Walt Fourie and Johannes Hendrik Cloete, had previously applied for and were granted amnesty for the incident.
In 2021, the KwaZulu-Natal office of the Director of Public Prosecutions (DPP) received the matter for further investigation. The case was referred to the Deputy Director of Public Prosecutions responsible for the Truth and Reconciliation Commission (TRC) portfolio, who worked with the Directorate for Priority Crime Investigation’s (DPCI) KZN TRC Unit.
According to the National Prosecuting Authority (NPA), “The investigations which were conducted culminated in a decision to prosecute one of the askaris who was linked to the commission of the offence and had not received any amnesty for the killing of Njakazi.”
The accused, identified as Ninela, was due to stand trial in the Pietermaritzburg High Court. However, Ninela died before the commencement of his trial.
A decision was then taken to hold a formal inquest.
During the inquest proceedings, evidence was heard from Njakazi’s mother, Cloete (one of the amnesty applicants), a Mr Zulu who recruited Njakazi into exile, and an askari who was present with Ninela when he shot Njakazi.
The Durban Magistrates’ Court handed down its ruling earlier this year.
“The court found that two askaris and another person were responsible for Njakazi’s death. The court further found that the two police officers that were granted amnesty, as well as the handlers/commanders of the askaris, Spykers Myeza and Andy Taylor, were responsible as accessories after the fact to Njakazi’s murder. The court also found that their actions at the time of execution of the order when apprehending Njakazi, their conduct/actions amounted to criminal conduct.”
Following the ruling, the NPA confirmed that both Myeza and Taylor had since died.
Despite this, the inquest findings were welcomed by Njakazi’s family. “From interactions with Njakazi’s family, they have expressed that the inquest judgment has finally brought them closure. There has always been constant feedback to the family members regarding the progress,” the statement read.
The NPA said the inquest outcome underscores its ongoing commitment to dealing with outstanding TRC-related cases. “The NPA and its partners will endeavour to address the atrocities of the past and assist in providing closure to the families of the victims of these crimes.”
Regional spokesperson for the NPA in KwaZulu-Natal, Natasha Ramkisson-Kara, also conveyed appreciation for the role of investigators.
“The NPA also wishes to express its appreciation to the DPCI investigating team regarding the working relationship that has been developed and the open communication which has led to the successes regarding the referrals on the TRC work.”