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When the Truth and Reconciliation Commission (TRC) handed its Final Report to then President Nelson Mandela in 2003, it also referred a list of several hundred cases to the National Prosecuting Authority (NPA) for further investigation and prosecution. These cases involved incidents of gross human rights violations, including murder, torture, enforced disappearance, kidnapping, and unlawful detention, in which no or only partial amnesty was granted by the Amnesty Committee of the TRC. The compact made with victims by the democratic government required that these cases be duly investigated and prosecuted. However, the process has been severely hampered due to political interference in the NPA. Recently, the National Director of Public Prosecutions (NDPP), Adv Shamila Batohi, reassured victims and South Africans in general that her office was looking afresh into the TRC cases.

This website serves as a repository of information on the progress made in these cases. The Foundation for Human Rights (FHR) will be continuously adding further apartheid-era crimes to this website, as-and-when they are ready for investigation. Initially, the focus will be on cases arising from the TRC process, but other apartheid-era cases may also be added. TRC cases that will shortly appear on our website include:

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On 17 November 1989, 20-year-old Anton Fransch, a COSAS member and MK commander, was killed in Cape Town. He died after a seven-hour siege (referred to as “the Battle of Athlone”) at the hands of the South African Police and the South African Defence Force, who targeted him for his anti-apartheid activities. Anton’s mother died in 2024 without seeing even a glimmer of justice. In March 2025, the Fransch family made representations to the NPA requesting the re-opening of an inquest into his death. The formal decision is pending.
Ashley Kriel was a young anti-apartheid activist from Bonteheuwel. Due to his political activism, Kriel was placed under surveillance by the Security Branch. As a result, he went underground, joined MK and went into exile to receive military training abroad. Shortly after returning to South Africa, his cover was compromised. On 9 July 1987, 19-year-old Kriel answered the door to his room, thinking that the men outside were municipal workers. He was shot and killed by members of the South African Police in in Hazendal, Athlone, Cape Town. The initial inquest held in 1989 found that the police was not legally liable for Ashley’s death. The Hawks are investigating the matter.
Bayempini Mzizi was a traditional healer who was sometimes approached by members of MK before and after their operations. On 9 July 1977, Mzizi was arrested on suspicion of terrorism and detained without trial. He was held for more than 35 days at the Brighton Beach Police Station. On 13 August, he was found hanging in his cell—just ten days after the suspicious death of another political detainee, Dr Hoosen Haffejee, in the same facility and under eerily similar circumstances. In 1978, a magistrate during the first inquest concluded that Mzizi had died by suicide and held no one accountable for his death. The family has never accepted this verdict. In February 2021, lawyers for Mzizi’s son asked the NPA to reopen the inquest into his death but to date, no formal decision has been made, with the NPA and Hawks citing an ongoing investigation.

On 24 November 1993, Clare Stewart, the 34-year-old MK operative and rural community activist and development worker had been abducted, her hands tied, and then shot in the head. Her body was discovered by cattle herders in a shallow ditch in Ingwavuma, in KwaZulu Natal. Before her disappearance, she had asked her sister Rachel to care for her children should anything happen to her—an acknowledgement of the risks she faced as an MK operative.

Dr Richard “Rick” Turner was a prominent anti-apartheid academic. In Durban, Turner met Steve Biko and became a key figure in the ‘Durban Moment,’ promoting Black Consciousness, trade unionism, and broader resistance to apartheid. Banned in 1973 for his activism, he was frequently harassed by the Security Branch. On 8 January 1978, Turner was murdered. He was shot through the window of his Bellair home in Durban, dying in his 13-year-old daughter’s arms. An informal inquest held in 1978 concluded that Turner had been killed by “unknown persons.” No one has ever been held accountable, although the Security Branch is widely believed to be responsible. Following new evidence presented during the reopened Haffejee inquest, the NPA informed the family in 2024 that the inquest would be reopened. However, a formal decision is still pending, and forty-seven years later, the Hawks-led investigation remains ongoing.

The available information indicates that Ignatius ‘Iggy’ Mthebule was a student activist associated with the then banned Azanian Student Organisation (AZASO) in 1975. Samuel Mthebule, Iggy Mthebule’s brother, testified before the Truth and Reconciliation Commission (TRC) that Iggy had been expelled from university in 1976, and had gone into exile in about 1981. He then allegedly returned to South Africa and became an underground African National Congress (ANC) operative in Johannesburg. The ANC was also a banned organisation at the time. In 1987, Mthebule’s unit was allegedly infiltrated by apartheid agent Joy Harden, who lured him to a restaurant in Hillbrow and identified him to the Security Branch of the South African Police as an underground operative. It was the last time Mthebule would be seen alive. To date his whereabouts remain unknown.

Matthews Mabelane was arrested and detained by the Security Branch at Zeerust while attempting to leave South Africa for Botswana. In January 1977, Matthews’ parents were informed by the police that he had been detained at John Vorster Square. On 16 February, they were further informed that their son had fallen from the 10th floor, following 23 days of detention. The police claimed that he had jumped out of the window during the interrogation. Magistrate Dormehl, who presided over the inquest into Mabelane’s death in 1977, found that his death was accidental and that no one was to blame.

Sbho Phewa was an anti-apartheid activist, a member of the United Democratic Front (UDF) and an underground MK operative. Sbho had ties with Ntombi Kubheka who ran the ANC Cell in KwaMashu, KwaZulu Natal. TRC records show that Ntombi sought help from askaris she believed were her MK comrades to assist Phewa in collecting firearms from Transkei. Unbeknownst to her, this request would ultimately lead to Phewa’s disappearance. It is believed that Phewa was abducted by the Security Branch in 1987. Phewa was never seen again. In October 2022, the NPA initially decided to open an inquest into his murder. However, by December 2023, it had opted instead to pursue criminal charges against former Security Branch members for his kidnapping and murder. Since then, two of the accused have passed away, and the trial has faced repeated delays.

On October 22, 1986, Mxolisi Dicky Jacobs, a founder of the Upington Student Congress and UDF activist, was found dead, hanging in his cell at Upington Prison. He was arrested on June 12, 1986, by the Security Branch and held for 129 days, during which he was allegedly tortured. Fellow detainees found it unlikely he had committed suicide, as he was reportedly in good spirits prior to his death. The 1987 inquest was marred with inconsistencies. Although Dicky’s case is still under investigation, with many records missing or destroyed, the family remains hopeful that they will one day find some measure of closure.

In 1987, Ntombikayise Kubheka, an MK operative and ANC member, was kidnapped by the Port Natal Security Branch after being lured to the Durban Beachfront by askaris. It is alleged she was interrogated and tortured at the Winkelspruit Army Shooting Range and allegedly died during the interrogation. In October 2022, the NPA initially decided to open an inquest into her murder. However, by December 2023, it had opted instead to pursue criminal charges against former Security Branch members for her kidnapping and murder. Since then, two of the accused have passed away, and the trial has faced repeated delays.

This case relates to the disappearance and murder of the ‘PEBCO Three’, namely: Sipho Charles Hashe, Qaqawuli Godolozi and Champion Galela, who were leaders of the Port Elizabeth Black Civics Organisation (PEBCO). This organisation was affiliated with the United Democratic Front (UDF), which in turn was aligned with the African National Congress (ANC), both banned organisations during apartheid. The three men were abducted at Port Elizabeth airport on 8 May 1985 and subsequently murdered near Cradock on a farm known as Post Chalmers. The TRC granted amnesty to Harold Snyman and Kimani Peter Mogoai for conspiring and ordering the abduction and murder; however, other perpetrators implicated in the case were refused amnesty.

 

In 2004, Gideon Nieuwoudt (who died a year later), Johannes Martin van Zyl, and Johannes Koole were charged with the abduction, assault, and murder of the PEBCO Three. This was the first case that the Priority Crimes Litigation Unit (PCLU) of the NPA had pursued in respect of perpetrators who had been refused amnesty. However, shortly after their bail hearings in 2004, Nieuwoudt and van Zyl applied to the High Court for a review of the Amnesty Committee’s decision. The Court ruled that another amnesty committee should be convened to rehear the application. As a result, the case was provisionally withdrawn against the security police officers. The NPA submitted that the prosecution could not proceed pending the amnesty decision. The amnesty committee was never reconvened, and the case has effectively stalled.

On 20 March 1986, Ramatha Nicholas “Boiki” Tlhapi, aged 21, was arrested by the South African Police while travelling to a funeral of several comrades in Stilfontein. Thlapi was last seen lying motionless in his cell, bleeding from the nose and mouth. After the arrest, Tlhapi disappeared, and despite the family’s efforts, neither he nor his remains were ever found. Despite obtaining several statements from Boiki’s friends and police officers during an inquest in 1994, the magistrate concluded that there was insufficient evidence to determine whether Boiki was deceased. Following recommendations from the NPA, the Minister of Justice and Constitutional Development approved the reopening of the inquest into Tlhapi’s disappearance in November 2024.

On 2 September 1976, Luke Mazwembe, a member of the Western Province Workers’ Advice Bureau and the South African Students’ Association, was detained. He was reported dead just two hours later, found in his cell at Caledon Square Police Station in Cape Town. During the 1976 inquest into his death, police denied assaulting Mazwembe. However, state pathologist reported multiple injuries on Mazwembe’s body, including bruises, abrasions, and swelling. Nonetheless, the magistrate ruled that Mazwembe had not been tortured or assaulted in custody. The Hawks are investigating the matter.

Tumelo Richard Motasi was a policeman based at the Hammanskraal Police College. The Northern Transvaal Security Police suspected him of being an ANC agent and leaking sensitive information to ANC operatives in Zimbabwe and Johannesburg. Richard and Busisiwe were shot dead by the Security Branch on 1 December 1987 at the family’s Hammanskraal home in the presence of their five-year-old son, Tshidiso. Although an initial inquest was held, its findings are unavailable. The Hawks’ investigation into the deaths of Richard and Irene Motasi remains ongoing.

Wellington Tshazibane was born and raised in Soweto and went on to study engineering at the University of Fort Hare and later at Oxford University. In1976, he was arrested under the Terrorism Act for his alleged involvement in the Carlton Centre explosion. On the 11th of December, 30-year-old Tshazibane was found hanging at the notorious John Vorster Square police station. A 1977 inquest concluded that Tshazibane’s death was consistent with suicide by hanging. The verdict has never been accepted by the family, who believe that Tshazibane was killed. The Hawks are investigating the matter.

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