Durban — The National Prosecuting Authority (NPA) has moved to separate the cases of four former members of the South African Police’s Security Branch who are charged with the 1985 kidnapping and murder of an uMkhonto weSizwe commander because one of the accused is in hospital.
Gerhardus Stephanus Schoon, 82, Paul Jacobus Van Dyk, 76, Frederick Johannes Pienaar, 77, and Douw Gerbrandt Willemse, 63, are accused of kidnapping and killing Jameson Ngoloyi Mngomezulu.
The Jozini Security Branch members, assisted by askaris from Vlakplaas, allegedly abducted the uMkhonto weSizwe commander from Swaziland in 1985.
It is alleged that he was taken to Jozini where he was subjected to assault and torture and died at their hands. Mngomezulu’s body was then taken to Sodwana Bay where explosives were used to blow it up.
In January, when the men last appeared in the Pongola Magistrate’s Court, Pienaar was not present. The court was made aware that he was sick.
On Wednesday, the NPA decided to separate Pienaar’s case from that of the other accused.
Spokesperson Natasha Ramkisson-Kara said: “Accused 3 (Pienaar) is in hospital and hence could not be served with an indictment.
“The State has separated the cases. Accused 1 (Schoon), 2 (Van Dyk), and 4 (Willemse) have been served and (their case has been) transferred to the Mtubatuba High Court.”
She said a pretrial hearing had been set for July 22.
Ten members of the Security Branch, among them former Vlakplaas commander Eugene de Kock, applied for amnesty in respect of his murder. Seven of the applicants were granted amnesty.
At the time of Mngomezulu’s murder, Schoon was the commander of the Jozini Security Branch of the South African Police. Van Dyk and Willemse were based at Vlakplaas and Pienaar in Piet Retief.
According to the Truth and Reconciliation Commission report, Mngomezulu was severely tortured for days.
Details heard at the TRC hearings were that on June 1, 1985, three members of the Mngomezulu refugee community in southern Swaziland – Jameson Ngoloyi Mngomezulu, David Mkethwa Mngomezulu, and Leonard Loghudu Mngomezulu – were abducted and forcibly taken to South Africa.
David and Leonard were detained and tortured for information. After six weeks, they were released and returned to Swaziland.
However, Jameson Mngomezulu was not so fortunate.
The security police believed the MK commander, who had been trained in North Africa in the 1960s, was involved in infiltrating MK guerrillas into South Africa.
The TRC heard how the abductions were authorised by De Kock and undertaken by Vlakplaas operatives or askaris, among them Willemse and Van Dyk.
Of the accused in Mngomezulu’s murder, three applied for amnesty but were refused. Willemse did not appear before the TRC.
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