After more than three decades the family of Siphelele Nxumalo finally got justice for his murder. Mr Nxumalo, then only 17 years old, was shot multiple times in Chesterville, Durban, in February 1989. At the time, Mr Nxumalo was an activist with the United Democratic Front (UDF), affiliated with the African National Congress (ANC).
On Thursday (November 9) the Durban Regional Court sentenced Wesley “Matiri” Madonsela to 10 years of direct imprisonment for the murder of Mr Nxumalo.
Madonsela, who was allegedly part of an A-Team that worked with the Natal Security Branch, then disappeared after the murder, said Natasha Ramkisson Kara, regional spokesperson for the National Prosecuting Authority (NPA). She added that Madonsela was eventually arrested and brought to court.
Ms Ramkisson-Kara said in representing the state, Senior State Advocates Humphrey Ngcobo and Xolani Msimango led the eyewitness testimony of Mr Nxumalo’s girlfriend who had been with him on the day of the murder. The state further led the evidence of the original investigating officer who testified on Madonsela’s initial arrest, his escape from custody and subsequent evasion of justice.
“The state also told the court that Madonsela’s actions were not remorseful in that the purpose of the Truth and Reconciliation Commission (TRC) hearings was to allow offenders to apologise and ask for forgiveness from the families of the victims of apartheid crimes. However, Madonsela evaded justice and did not come forward. In sentencing him, the presiding officer said that Madonsela took away Nxumalo’s right to life, which was the most basic human right. In addition to the sentence, the court deemed Madonsela unfit to possess a firearm,” said Ms Ramkisson-Kara.
She added that this case is an example of the NPA’s TRC Component’s efforts to address the atrocities of apartheid crimes; and getting justice for the victims and their families.
The success of these cases relies heavily on the joint efforts between the NPA, the Directorate of Priority Crime Investigation (DPCI) and other stakeholders, said Ms Ramkisson-Kara.