/ 4 August 2000

OMkhize was surrenderingO

Investigators at the Independent Complaints Directorate this week began fitting together the pieces of the puzzle around Bheki MkhizeOs death Paul Kirk and Niki Moore African National Congress MP Bheki Mkhize, killed in a police raid on his home at Mahlabathini, near Ulundi, was shot through his open palm an indication, say the provincial ANC leadership, that he was killed while trying to surrender. While the Independent Complaints Directorate (ICD) was being unusually tight-lipped about its investigations this week, the Mail & Guardian can reveal that the main purpose of a top forensics expert sent by Minister of Safety and Security Steve Tshwete to assist the ICD is to help establish whether Mkhize was involved in a struggle.

Meanwhile other strange circumstances of MkhizeOs death at the weekend have begun to filter out. Among unexplained events is why police rather than identify themselves used a teenage boy to wake Mkhize and summon him outside. Realising that his home was surrounded by more than a dozen police, Mkhize is alleged to have placed his parliamentary identity card under the door to identify himself, then stepped outside. Something happened and a single shot went off, killing him instantly. But although the police station is a 20-minute walk away, police took more than four hours to inform anyone of the shooting. Police at Mahlabathini/Nongoma allege Mkhize was shot in self-defence after he dropped his revolver bought recently for protection and lunged for a policemanOs rifle.

Police claim they wanted to search his home for illegal guns, although they did not have a search warrant and found no unlicensed weapons. Earlier in the day the same police had confiscated two illegal weapons from another house and claim they were tipped off that there were weapons at MkhizeOs home as well. On Thursday this week investigators began trying to fit together the pieces of the puzzle. Statements have already been taken from witnesses, as well as MkhizeOs widow and police who were present at the scene. After slamming through MkhizeOs open palm, the bullet smashed into his skull beneath his nose, instantly killing him. Sophisticated forensics tests will enable investigators to establish how far away the rifle was from MkhizeOs hand when the shot went off. This, investigators say, will enable them to establish whether in fact Mkhize was involved in a struggle when the shot went off, or whether he was murdered while surrendering. Forensics tests will also establish if MkhizeOs revolver was fired and whether it was fired by him. A well-placed source in the ICD said it is Overy unlikelyO that Mkhize, a known pacifist, would walk out with a five-shot revolver and attempt to take on 13 heavily armed police. OThe story seems a little improbable,O said the source. The provincial head of the ICD, Stix Mdladla, has confirmed only that it took four hours for his unit to be told of MkhizeOs killing. Provincial police commissioner Moses Khanyile claims that legally the police did not need a search warrant. Police may search any premises without a warrant if the time taken in obtaining one would give the suspect time to conceal evidence. But the questionable killing of Mkhize feeds into growing perceptions that the police in KwaZulu-Natal have been partisan in investigating and dealing with political murders.

The arrest in political murders in Nongoma stands at 5%, and convictions at 2%. In the last six months, 68 murders have been reported in the area. Recent statistics are not available because police have embargoed the release of any figures related to political murders. The Inkatha Freedom Party is convinced that political violence against the party is escalating in the Mahlabathini/Nongoma region, after a four-year hiatus. OWe canOt understand why, because there is a dialogue between parties and in the past three years there has been peace,O an IFP researcher said. OBut there have been about 20 political murders in the last year and they are following a distinct pattern. First someone is killed who is seen as irreplaceable and then there is a series of murders of lesser party members to create a leadership vacuum. We suspect there is a rogue element within the ANC who are bent on destabilisation.O

IFP MP Albert Mncwango, whose constituency comprises Nongoma, is at the forefront of investigations into political murders. He is reported to be under the escort of personal bodyguards each time he leaves his home. However, Bheki Cele, ANC provincial representative for safety and security, says that far from solving the problem, Mncwango is part of it. OThe IFP must be honest with themselves, and take a close look at Mncwango. He says there is no ANC in Nongoma, but he is wrong. His belief could cause a dangerous reaction to the ANC.O Cele also believes there is a rogue element within the IFP, and calls on the party to admit it. OThere is tremendous intolerance towards the ANC in Nongoma. The IFP must discipline its ranks, just in the same way we will need to discipline any rogue elements we find within our party.O Cele believes that the Nongoma police can be blamed for a certain amount of complicity in political violence: OWhenever our members have been dying mysteriously the police have not made arrests. It is only when outside investigators are brought in that such cases are resolved. We are frustrated by the Nongoma police.O Violence monitor and academic Mary de Haas is even more outspoken: OA common theme running through all the violence is alleged complicity of the local police. The Nongoma police station is largely staffed by members of the former KwaZulu police. Examples of alleged police complicity include the use of police weapons and vehicles. For example, the firearm and vehicle involved in the attempted assassination of [ANC member] PM Ntuli last year were reportedly traced to the office of the local commissioner of police.O De Haas believes that, similar to the situation in Richmond, peace in Nongoma cannot be obtained until the Nongoma police station is completely overhauled. OOfficers must be brought in who have no links to the area. The incumbent officiers must be redeployed elsewhere.O