Ntombikayise Kubheka

Ntombikayise Kubheka lived in KwaMashu, a township north of Durban in Natal (today KwaZulu-Natal). A committed anti-apartheid activist, she became affiliated with the African National Congress’s (ANC) armed wing, uMkhonto we Sizwe (MK). Her underground work was wide-ranging: she helped store weapons, secured safe-houses for MK operatives, and served as a link between internal ANC units inside South Africa and structures in exile.

At the time of her death, she left behind her three-year-old daughter, Thuli, who has spoken of the profound difficulties of growing up without her mother and of living with the painful legacy of her loss.

Because of Kubheka’s role, the Security Branch of the South African Police regarded her as a senior ANC figure and labelled her the leader of the KwaMashu branch. By 1987, the Durban Security Branch, together with the notorious Vlakplaas unit, set out to infiltrate her network. The askaris Xola Frank Mbane (“Mbane”), Nicholas Dube (“Dube”) and Spyker Myeza were based at Vlakplaas under the command of the infamous Eugene De Kock. While posing as fellow MK operatives, the three askaris gained Ntombi’s trust.

TRC documents record that Ntombi sought the assistance of the askaris to assist Musawakhe ‘Sbho’ Phewa with the collection of firearms from Transkei. Unbeknownst to Ntombi, her plea for assistance would lead Phewa to his disappearance and likely murder.

Ntombi never saw or heard back from Phewa. The TRC records show that Ntombi grew increasingly suspicious of Mbane and Dube. This presented a problem for the Security Branch, and they sought to murder Ntombi.

During May 1987, Ntombi was abducted. Mbane, Dube and Radebe lured Ntombi into a trap. She was abducted at Battery Beach by several members of the Security Branch in an operation executed by Hendrik Johannes Petrus Botha, Salmon Johannes Gerhardus du Preez, Casper Adriaan van der Westhuizen, Roelof Brand Visagie, JHA “Joe” Coetzer, and “Bossie” Basson.

Ntombi was taken to the Railways and Harbours Police shooting range near Winkelspruit, where she was tortured by Taylor, Botha, Lawrence Gerald Wasserman, Van der Westhuizen, Coetzer and Basson. Following her interrogation and torture, it was believed that Ntombi was shot, and her body was dumped near the Bhambayi informal settlement by Du Preez and Wasserman. In 1997, the TRC identified the body as belonging to Kubheka.

Seven individuals applied for amnesty for defeating the ends of justice, abduction and the murder of Kubheka. Lawrence Gerald Wasserman (died in 2024), Johannes Petrus Botha (alive), Salomon Du Preez (alive, and Casper Adriaan Van Der Westhuizen (alive) were refused amnesty on all grounds.

Adrian David Baker (alive) and Roelof Brand Visagie (alive) were granted amnesty for defeating the ends of justice, while Simon Mokopo Radebe (deceased) for Kubheka’s abduction.

Martinus Dawid Ras (alive) applied for amnesty but later withdrew his application. Andrew Russel Cavill Taylor applied for amnesty but died before his application was heard. The askaris, including Xola Frank Mbane, Nicholas Dube and Spyker Myeza, did not apply for amnesty for their role in the abduction and murder of Kubheka.

The perpetrators admitted to luring her to Durban’s Battery Beach in 1987, abducting her, and taking her to an abandoned shooting range at Winklespruit, south of the city. There she was interrogated, beaten, and later died while in their custody. Her body was secretly dumped near the Bhambayi informal settlement outside Durban.

The testimonies of the applicants were riddled with contradictions. Some claimed that Ntombi died suddenly of a heart attack during interrogation, while others denied she had been assaulted at all. The TRC had traced remains believed to be Ntombi’s to a pauper’s grave in Stanger.

The TRC formally recognised Ntombi’s family as victims of gross human rights violations and referred them to the Reparations and Rehabilitation Committee.

You can find the Amnesty decisions by Judge Miller here.

As early as 2006, Advocate Ackermann, who was responsible for TRC cases within the NPA, identified the Kubheka matter in an internal memorandum as one of the cases recommended for potential prosecution by the Priority Crimes Litigation Unit (PCLU).

An inquest was opened during 2022 but did not proceed; and in November 2023, the DPP KwaZulu-Natal decided to pursue a prosecution of four persons in relation to the disappearance and murder of Kubheka and Musawakhe ‘Sbho’ Phewa: 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, when the matter was postponed to 28 January 2025. 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 hearing on 28 January 2025, the court was informed of Coetzer’s passing.

The commencement of the trial faces repeated delays due to the SAPS’ refusal to cover the legal fees of some of the accused.