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Askari to answer to charges of killing MK cadres

These are apartheid-era crimes which the TRC recommended should be prosecuted.

Siviwe Feketha Political reporter
Former MK soldier, Tlhomedi Mfalapitsa, who turned on his comrades.
Former MK soldier, Tlhomedi Mfalapitsa, who turned on his comrades.
Image: Antonio Muchave

Former uMkhonto weSizwe combatant accused of killing freedom fighters is expected to indicate later this week whether he will admit to some of the atrocities he allegedly committed, including the murders of student activists under the pretence that he would help them flee to exile.

Tlhomedi Mfalapitsa stands accused of bombing and killing Cosas members Eunice Madikela, Ntshingo Mataboge and Fanyana Nhlapo while secretly working for the Vlakplaas security police branch as an askari.

Activist Zandisile Musi survived the incident which took place at a pump house in Krugersdorp in February 1982. Musi succumbed to Covid-19 complications recently.

The case is one of more than 50 others which are being jointly investigated and prepared for prosecution by the Hawks and the National Prosecuting Authority (NPA).

These are apartheid-era crimes which the Truth and Reconciliation Commission (TRC) recommended they should be prosecuted.

NPA regional spokesperson Phindi Mjonondwane on Monday said the state was ready to go ahead with Mfalapitsa's case but that there was still need to agree with the defence on what he was willing to admit to.

“There are certain things that need to be sorted out, like the photograph that is mentioned in the pretrial minutes by the state which has not yet been provided to the defence.

“It is just among other things that are outstanding, hence the court gave an opportunity to meet again, iron out those issues and then come back with concrete pretrial minutes,” Mjonondwane said.

Mfalapitsa, who cut a lonely figure in the dock as he waited for hours for his pretrial, was rescued by his lawyer Innocent Mthembu as members of the affected families confronted him over the killings.

Musi’s elder brother Mbulelo said his brother was deeply hurt  when he died as the state had failed to bring Mfalapitsa and other perpetrators to book.

“What is the most hurting thing is that as the only person who survived that bombing, he died in June just about when we were thinking justice is to be done. At least he would have been resting at peace with himself,” he said.

Mbulelo said he had known Mfalapitsa closely as they both grew up together and ended up going to exile to train as MK operatives together.

“That is why I was asking him inside the court why he had to do this. It’s as if he trained in MK to kill my brother and other activists. We went to Botswana, Tanzania, Angola and Germany for military training. He comes back and joins the Boers to kill our people. I don’t understand,” Mbulelo said.

He said if Mfalapitsa had visited the families and apologised over the years, they would have healed.

The other families declined to comment.

Judge Betty Mahalelo postponed the case to Friday.

Trial is expected to start on October 4 and lead prosecutor Jabulani Mlotshwa said it was likely to last for five days if the issues relating to what Mfalapitsa could admit ahead of the formal trial were resolved.

Mlotswa said the state was planning to bring three witnesses to the stand, down from 16 listed in the indictment.

Security branch officers Carel Coetzee, Willem Frederick Schoon, Abraham Grobbelaar, Christiaan Siebert Rorich are among those accused of having taken part in co-ordinating the bombing.

When asked why only Mfalapitsa was being prosecuted, Mjonondwane said some of the cops had died and that the state was preparing the case of another surviving suspect.

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