RASHID LOMBARD/AFP
The National Prosecuting Authority (NPA) indicted four men in the Pongola Magistrates Court last week for the kidnapping and murder of a political activist in 1985.
Jameson Mngomezulu, 71, was a cadre of Umkonto we Sizwe and was regularly harassed by members of the security forces who would raid his home in the Oshabeni area in Swaziland.
It is well documented from transcripts from the Truth and Reconciliation Commission (TRC) that Mngomezulu was kidnapped in June of 1985 and forcibly brought back to South Africa due to his political activism.
The victim was assaulted, tortured and killed before his body was dismembered using explosives at Sodwana Bay.
During the TRC hearings that started in 1995, the now 76-year-old Paul Jacobus van Dyk, 77-year-old Frederick Johannes Pienaar and 82-year-old Gerhardus Stephans Schoon were refused amnesty for their role in Mngomezulu's death.
A spokesperson for the NPA in Kwazulu Natal, Natasha Ramkisson-Kara, said a fourth person, 63-year-old Douw Gerbrant Willemse was also indicted.
She said the state is alleging that Schoon and his co-assailants, together with Askaris and other members of the South African Police Service (SAPS), acted collectively in the commission of these offences.
At the time, 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.
The NPA said indictments were served on the legal representatives for Schoon and van Dyk, while Pienaar's representative handed in a medical certificate.
Ramkisson Kara said Willemse did not show up in court, and a warrant of arrest was issued. In contrast, a warrant for Pienaar was stayed, pending his next court appearance.
The matter was postponed to the 18th of April to finalise legal representation issues.
Apartheid-era cases revived
In June 2021, the NPA and the Hawks established a dedicated team to ensure those responsible for crimes are held accountable.
The decision, came as a result of a judgment of the Supreme Court of Appeal (SCA) in the Rodrigues matter where a full bench of the SCA dismissed an application for a stay of prosecution, citing a delay before the accused was indicted.
The NPA and Hawks said the SCA ruling was important and acknowledged that the unmerited delay of prosecutions was justice denied for victims of apartheid-era atrocities.
A specialist unit is now working full-time on apartheid-era cases.
Cradock 4 murders
Earlier this month the families of the slain Cradock Four welcomed the decision by Justice Minister Ronald Lamola to accede to the request to reopen the inquest into the 1985 murders of Fort Calata, Matthew Goniwe, Sicelo Mhlauli and Sparrow Mkonto.
