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CASE OVERVIEW

Born on 18 January 1967 in Lamontville, KwaZulu-Natal, Musawakhe “Sbho” Phewa was an anti-apartheid activist, a member of the United Democratic Front (UDF) and an underground MkhontoweSizwe (MK) operative. Sbho had ties with Ntombikayise Priscilla Kubheka who ran the ANC Cell in KwaMashu, KwaZulu Natal, and who was abducted, tortured and disappeared in 1987.   

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 on 19 May 1987. Phewa was never seen again.   

In October 2022, the family was informed that the National Prosecuting Authority (NPA) would open an inquest into Phewa’s disappearance. By December 2023, the NPA opted instead to criminally charge former Security Branch members including Hendrik Johannes Petrus Botha, Salmon Johannes Gerhardus Du Preez, Martinus Dawid Ras Jnr and Jakob Albert Coetzer, for his kidnapping and murder. On 12 November 2024, Lawrence Gerald Wasserman was also charged with murder. Since then, Wasserman and Coetzer have passed away and the trial has faced repeated delays, including issues with the accused’s legal representation. 

Musawakhe Phewa was a committed activist who rose to prominence in the early 1980s as a member of the Masibonisane Lamontville Youth Organisation (MALAYO). He was part of a generation of youth activists in KwaZulu Natal who risked their lives to challenge the brutality of apartheid. He was closely associated with the likes of Nhlanhla Samuel ‘Zimba’ Gumede, Bheki Cele, and Mvusi Simakade Ngubo who were all youth activists and members of the MALAYO in the early 1980s. He operated within a highly dangerous environment, constantly under threat from state surveillance, infiltration, and repression. Despite this, he remained committed to the struggle and is remembered for his principled and selfless character. 

 

“My father, Musawakhe Phewa was a very kind and principled person. Hard working and selfless. He saw himself in others.  That is why he sacrificed his life for the liberation of others. We can emulate his selfless life as he paid the ultimate price of sacrificing his life for the liberation of South Africa. My father was born in Lamontville Durban KZN. He joined ANC and was part of the underground structures of MK in the 1980s. Which was an armed wing of the ANC fighting against apartheid government in SA in 1980s. My father was killed 19 May 1987 by apartheid agents at Amanzimtoti. He left me behind – I was born 20 May 1987, just a day after his disappearance.” – Mbuso Khoza 

During 1987, three askaris, Xola Frank “Jimmy” Mbane, Simon Radebe, and Nicholas Dube, infiltrated the ANC cell at the instruction of the notorious officer and head of the Terrorist Section of the Durban Security Branch, Andrew Russel Cavill “Andy” Taylor. The Durban Security Branch worked with the SB’s C1 unit that was based at Vlakplaas to identify and arrest trained members of the liberation movements. The askaris gained Ntombi’s Kubheka trust, and in the process, they were introduced to several MK operatives, including Sbho Phewa and Zimba Gumede.  

 

On 19 May 1987, Sbho Phewa disappeared. He was apparently abducted by Mbane, Dube and Radebe and handed over to the Security Branch at their base in Winkelspruit. He was never seen again. Regrettably, the TRC proceedings failed to shed further light on Phewa’s whereabouts. 

 

Days after Sbho Phewa disappeared, Ntombi Kubheka was abducted, tortured and murdered by the members of the Durban Security Branch.  

Despite the grave circumstances of his disappearance, no one applied for amnesty for Phewa’s abduction and death before the TRC, and his body has never been found. The TRC investigated the case. The information about Phewa’s disappearance, as described above, was mentioned by Mbane in his testimony against the amnesty applicants in Kubheka‘s case, which was presented to the TRC in 2000. The applicants denied having any knowledge about Phewa’s disappearance, and Mbane did not apply for amnesty for Phewa’s abduction. While the TRC Human Rights Violations Committee recognised Phewa as a victim, the TRC was unable to establish what had happened to him and his whereabouts.  

For over 35 years, the Phewa family has never stopped seeking justice. At the heart of this effort has been his son, Mbuso Khoza, who was born on 20 May 1987, just one day after his father was taken. Mbuso, his mother Faith Mama Mntungwa, and his family, particularly his uncle Vusi Gama, have become determined advocates for the truth, carrying the pain of not knowing Phewa’s whereabouts while confronting the state’s long-standing inaction. The family made numerous appeals to the ANC, the National Prosecuting Authority, and other institutions, demanding that those responsible be held accountable. Despite the emotional toll, they never gave up. Their struggle is a profound reminder of how the trauma of apartheid continues to echo through generations. 

 

In 2022, the National Prosecuting Authority announced the reopening of several apartheid-era cases, including that of Musawakhe Phewa. An inquest was initially set to begin at the Umlazi Magistrates’ Court, but due to delays, including the availability of legal representation and witnesses, it did not proceed as planned. By November 2023, the Director of Public Prosecutions in KwaZulu-Natal decided to abandon the inquest route and instead pursue criminal charges for kidnapping and murder against four surviving former members of the Security Branch, including Hendrik Johannes Petrus Botha, Salmon Johannes Gerhardus Du Preez, Martinus Dawid Ras Jnr and Jakob Albert Coetzer. On 12 November 2024, Lawrence Gerald Wasserman was also charged with murder, and all five accused appeared before the Umlazi Magistrate’s Court. Four days later, it was reported that Wasserman had died while travelling on a plane between Durban and Johannesburg on 16 November 2024. At the court appearance in January 2025, the court was informed that Jakob Albert Coetzer had passed away. The matter has been marred with multiple setbacks and has faced repeated delays, including issues with the accused’s legal representation. 

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EXTRA RESOURCES

Additional material and channels

Exposing the apartheid regime's Security Branch killing machine
Formal inquests in TRC matters – NPA & DPCI