PRESS RELEASE
To: All Media
ATT: News Editors, Human Rights Reporters
For Immediate Release
28 August 2026
Press Statement by the Foundation for Human Rights and Deneys
The trial concerning the 1987 enforced disappearances of Umkhonto we Sizwe (MK) operatives, Ntombikayise “Ntombi” Kubheka and Musawenkosi “Sbho” Phewa, was due to resume in Durban Regional Court on Monday 24 August 2026. However it has been postponed again due to SAPS refusing to fund the cost of Senior Counsel for two of the accused and for the NPA to review the representations to be made by the third accused.
Former Security Branch officers Hendrik Johannes Petrus Botha, Salmon Johannes Gerhardus Du Preez and Martinus Dawid Ras Jnr, are being prosecuted for charges of murder and kidnapping of Ms Kubheka and Mr Phewa. A fourth and fifth accused Jakob Albert Coetzer and Lawrence Gerald Wasserman, were also charged but have since passed away since charges were laid in 2024.
Mr Kruger, attorney for Botha and Du Preez, argued for a postponement of the trial on the basis that his clients have approached the High Court for a decision mandating that the SAPS should fund the costs of their representation by senior counsel. Botha and Du Preez are seeking representation by senior counsel due to the complexity of the matter, and the seriousness of the charges they are facing. Kruger explained that while the acting head of SAPS legal services in KwaZulu-Natal had agreed to support funding senior counsel for the two defendants, they had been unable to secure the necessary sign off from SAPS’ head office. Likewise, Du Preez and Botha were unable to get any assistance from the state attorney. Consequently Du Preez and Botha had approached the Pretoria High Court to seek an order reviewing the decision of the SAPS and mandating that their representation by senior counsel be funded by the state. The matter remained unopposed and on 21 August 2026, the High Court adjourned the matter requesting further information on the case in order to make its decision on whether to grant the order requested.
Meanwhile Ras, who is currently represented by the State Attorney who appointed Mr Jeremy Goldstone as counsel, had approached the NPA asking for charges against him to be dropped. The NPA declined to drop the charges, and Ras’ own legal representation has advised that he is now contemplating exercising his right to ask the NDPP’s office to review this decision.
Magistrate Soomaroo, who presided over the matter, was reluctant to grant a further adjournment. She highlighted the need to balance the fair trial rights of the accused with the rights of the Phewa and Kubheka families for the case to be progressed, particularly given the decades of the delays that the families have already experienced. She also noted that Du Preez and Botha already have legal representation, and that she would be entitled to proceed with the trial on this basis. However, Magistrate Soomaroo found that the risk of proceeding with the trial in these circumstances was that it may open up grounds of appeal for the defendants, which could risk further undermining the course of justice and retraumatising the families. Ultimately Magistrate Soomaroo decided to grant one further adjournment. The matter has now been listed for a progress update on 30 November, with the trial set to commence for one day on 10 December, with a further week of hearings provisionally listed for 8 to 12 February 2027.
Magistrate Soomaroo also acknowledged the ongoing TRC Cases Inquiry chaired by retired Constitutional Court Justice Sisi Khampepe, which is investigating the delays in the investigations and prosecutions of TRC cases, and whether these were caused by political interference. She recommended that the Phewa and Kubheka families consider making a submission to the Inquiry regarding the cause of the delays concerning the legal representation for the accused persons in this case.
The Phewa and Kubheka families are deeply dismayed by the further delays to the trial. Their frustration and disappointment was palpable in the crowded public gallery. While the families acknowledge the right of the accused to proper legal representation, and have opted not to oppose Du Preez and Botha’s application to the High Court, they believe that this matter should not be subjected to any further delays and must proceed at the next trial date.
The Phewa and Kubheka families are represented by Deneys, and have appointed Mr Muhammad Zakaria Suleman as counsel under a watching brief.
The Foundation for Human Rights (FHR) and Deneys stand in solidarity with the Kubheka and Phewa families in their pursuit of truth, justice, and healing.
Background:
Ntombikayise Priscilla Kubheka
In May 1987, MK operative Ntombikayise Priscilla Kubheka was abducted, tortured, and murdered near Winkelspruit by the Security Branch. Several perpetrators applied for amnesty for her abduction and murder; some were granted amnesty for the kidnapping, but none for the murder. Her daughter, Thuli, has been tireless in seeking justice for her mother’s death.
Musawenkosi “Sbho” Phewa
Also in May 1987, MK operative Musawenkosi “Sbho” Phewa was abducted by askaris and handed over to the Security Branch at Winkelspruit. He was never seen again, and his body has not been recovered. No one applied for amnesty in his case. An inquest was opened in 2022 but did not proceed. In November 2023, the DPP in KwaZulu-Natal decided to prosecute Botha, Du Preez, Ras Jnr, and Coetzer. Wasserman was added to the proceedings in November 2024 but died shortly after being indicted. At least three other alleged perpetrators, including the notorious Andy Taylor, died before they could face justice.
/END
Media Contacts:
Foundation for Human Rights:
Jessie Waldman / j.waldman@fhr.org.za / +27 786448258
Deneys:
Nicola Irving / nicola.irving@deneys.co.za
Francis Makkink / francis.makkink@deneys.co.za
