VELEMSENI MTHUNZI NJAKAZI INQUEST FINALISED

23 SEPTEMBER 2025

VELEMSENI MTHUNZI NJAKAZI INQUEST FINALISED

The Inquest court sitting at the Durban Magistrates’ Court has found that the then apartheid era South African Police and Askaris were responsible for the death of Velemseni Mthunzi Njakazi (Njakazi). Njakazi was an ANC and Umkhonto Wesizwe cadre who was killed by members of the Natal Security Branch on 28 January 1991. Tjaart Van der Walt Fourie and Johannes Hendrik Cloete applied for amnesty for all offences directly connected to or flowing from the shooting incident which resulted in Njakazi’s death. They were granted amnesty.

In 2021 the Director of Public Prosecutions Office in KwaZulu-Natal, received this matter for further investigation to determine whether there were any other persons other than those who had been granted amnesty who could be held criminally liable for the death of Mr Njakazi. The Deputy Director of Public Prosecutions who is assigned to deal with the TRC portfolio and his team, began working on the matter with the DPCI KZN TRC Unit. The investigations which were conducted, culminated in a decision to prosecute one of the Askari’s who was linked to the commission of the offence and had not received any amnesty for the killing of Njakazi. It was decided that the matter be prosecuted in the High Court, Pietermaritzburg.

The indictment set out the offences which the accused was to respond to. Unfortunately, Ninela died before the commencement of his trial. Due to this, the NPA had to remove the matter from the roll. Subsequently, a decision was taken that a formal inquest be held. The inquest proceedings were held at the Durban Magistrates’ Court. During the inquest proceedings, the court heard the evidence of Njakazi’s mother, Cloete who had applied for the amnesty, a Mr. Zulu who had recruited Njakazi into exile and an askari who was together with Ninela when Ninela shot Njakazi.

On 21 January 2025, the Court found that two askaris and another person were responsible for Njakazi’s death. The court further found that the two police officers that were granted amnesty, as well as the handlers/commanders of the askaris - Spykers Myeza and Andy Taylor were responsible as accessories after the fact to Njakazi’s murder. The court also found that their actions at the time of execution of the order when apprehending Njakazi, their conduct/actions amounted to criminal conduct.

Following the inquest court judgment, it is only then that evidence emerged that both Myeza and Taylor had died. From interactions with Njakazi’s family, they have expressed that the inquest judgment has finally brought them closure. There has always been constant feedback to the family members regarding the progress. The NPA and its partners will endeavour to address the atrocities of the past and assist in providing closure to the families of the victims of these crimes.

The NPA also wishes to express its appreciation to the DPCI Investigating team regarding the working relationship that has been developed and the open communication which has led to the successes regarding the referrals on the TRC work.

Issued by:

Natasha Ramkisson-Kara

NPA Regional Spokesperson

KZN Division

0716700229