ICTJ in the News

July 22, 2007

Activist's Family Still Wants Justice

The Herald Online

After waiting more than 20 years for justice, the children of Pebco Three member Sipho Hashe have vowed to go to court to see their father‘s killers punished.

They say that if the National Prosecuting Authority (NPA) declines to prosecute former security policemen Herman Barend du Plessis, Johannes Martin van Zyl and Gerhardus Johannes Lotz, they will go to court themselves to see justice done.

Du Plessis, Van Zyl, Lotz and Gideon Nieuwoudt, who died in 2005, told the TRC in 1997 that they had burned the bodies of the three activists and thrown the remains into the Fish River.

However, the NPA says bones discovered last week on a farm near Cradock could be the remains of the Pebco Three, meaning that the policemen lied to the TRC.

Forensic tests are being done to identify the bones.

Daughter Mandisa Hashe, of Kwazakhele, said: "If the National Prosecuting Authority does not prosecute these culprits, we will fight those who are guilty.

"They told lies to the TRC to get away with their crime but we aim to prove that they were involved in their murders," said Mandisa.

"If the bones found on the Cradock farm are theirs then this will prove those culprits who are still alive lied, and if the NPA does not fulfil its duty, then we will fight these men in court," said Mandisa.

Hashe, Champion Galela and Qaqawuli Godolozi went missing in 1985. Hashe and Godolozi were kidnapped at the Port Elizabeth airport, while Galela‘s wife Nosiseko last saw him as he left home.

Mkontowefizwe Godolozi, son of Qaqawuli, refused to comment until the investigations were completed, and Galela‘s family were not available.

However, Hashe‘s son, Lulamile, said he had been hard hit by his father‘s death.

"I last saw my dad when I was 17 years old. I was psychologically affected by his disappearance. The guidance from him was gone.

"I left school during my matric year and had to help support my family."

Grandson Simphiwe Hashe said that after 22 years of searching they would have to wait longer for the results of the DNA tests.

"We want to know with certainty whose bones have been discovered in Cradock by the NPA. We hope that whoever is responsible for this heinous deed is prosecuted and severely punished for the death of our father and grandfather.

"This will probably bring closure to us, as this has haunted us for a long time," said Simphiwe.

Meanwhile, the widows of the Cradock Four are among 21 families who filed a case in the Pretoria High Court to challenge the validity of amendments to the NPA policy dealing with apartheid-era crimes.

These amendments allow perpetrators of human rights abuses to apply to the national director of public prosecutions for indemnity, if the incident was committed before May 1994.

Fort Calata, Matthew Goniwe Sparrow Mkhonto and Sicelo Mhlauli were killed by members of the security police in 1985, their bodies burnt and mutilated.

Of the seven members of the security police who applied for amnesty at the Truth Commission, only Eugene de Kock was granted amnesty.

Nomonde Calata, Nyameka Goniwe, Nombuyiselo Mhlauli and Sindiswa Mkhonto took the action together with Khulumani Support Group, the International Centre for Transitional Justice, the Centre for the Study of Violence and Reconciliation and the Legal Resources Centre, saying the amendments undermined the rights of the victims.

- Additional reporting by Dineo Matomela dejagers@johncom.co.za