An employee of the Passenger Rail Agency of South Africa (Prasa) who was on trial in the Durban Magistrate’s Court for the 1989 murder of a political activist was found guilty of the killing on Wednesday.
Durban — The mother of a political activist who was 17 years old when he was shot and killed in 1989 cried inside the Durban Magistrate’s Court when the court on Wednesday found his friend guilty of his murder.
After mother Phindile Edna Nxumalo was escorted outside the courtroom her emotional cries could still be heard inside the courtroom as Acting Magistrate BK Khumalo explained to convicted killer Gugulethu Wesley “Matiri” Madonsela, 52, that his bail was now cancelled and he had to go down to court cells.
Madonsela, who was alleged by the State to have been affiliated with an A-Team that worked with the Natal Security Branch, had been on trial for the February 1989 murder of Siphelele Nxumalo.
At the time of his killing in Chesterville, Nxumalo, who died from multiple gunshot wounds, had been an activist with the United Democratic Front, which was affiliated to the ANC.
Evidence from an eyewitness was that Madonsela and three other friends approached Nxumalo, who was standing with his girlfriend. Two of the four including Madonsela produced guns and fired at Nxumalo.
When the teen was on the ground, the two shooters continued shooting while the eyewitness, Nxumalo’s girlfriend Phumelele Miya, watched from a bush she had hidden behind.
Passing judgment, Khumalo said the accused denied shooting Nxumalo but failed to take the stand.
Phindile and her brother Sipho Nxumalo had been listed as State witnesses. However, the State rested its case without calling them and indicated that Madonsela’s counsel could use the two as witnesses.
“In my view, Phindile did not take the defence’s case further. What is to be made if anything is to be made of the failure of the accused to testify … There is direct evidence linking the accused to the crime. He was identified as one of the perpetrators by the witness but the accused chose to remain silent.
He acknowledged that the evidence of a single eyewitness must be credible for the court to accept it.
Khumalo added: “Miya proved to be a remarkable witness. She was composed, she did not fabricate evidence, her evidence of identification was reliable. The witness’s evidence was satisfactory, clear, and credible in every respect … The post mortem report corroborated Miya’s evidence that the deceased was shot more than once.”
Madonsela will be sentenced today (Thursday).
On Wednesday, in aggravation of sentence for the State, advocate X Msimango called for Madonsela to be handed a term of direct imprisonment rather than a non-custodial sentence.
“This case is here in court through the Truth and Reconciliation Commission (TRC) Unit. This follows an outcry by society that was affected by the apartheid regime which caused Parliament to establish this unit.
“This matter appears in the TRC report and it emanates from there. This conviction is not going to end with the Director of Public Prosecutions (DPP) office but will go to Parliament. This indicates it’s serious,” said Msimango.
Madonsela’s attorney, Bongani Cele, said a wholly suspended sentence would be most appropriate for his client.
“Direct imprisonment won’t serve any purpose. He must not be made a sacrificial lamb,” said Cele.
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