REPORT OF THE MOERANE COMMISSION OF ENQUIRY INTO THE
REPORT OF THE MOERANE COMMISSION OF ENQUIRY INTO THEUNDERLYING CAUSES OF THE MURDER OF POLITICIANS IN KWAZULUNATALContentsINTRODUCTION . 2ANALYSIS OF THE TERMS OF REFERENCE . 7WITNESSES . 10THE EVIDENCE . 18FINDINGS. 412RECOMMENDATIONS . 417ACKNOWLEDGMENTS . 4241 Page
INTRODUCTION1.“Something is rotten in the State of Denmark.”12.Had Shakespeare lived in KwaZulu-Natal (KZN) between theyears 2011 and today, he might have had a modern-dayMarcellus utter those words – a theme to which we shallreturn. For present purposes, suffice it to say that theapparently never-ending murder of politicians in KZN is asymptom of a serious pathology in the Province’s bodypolitic.3.On 28 October 2016 the Premier of the Province of mission of Enquiry into the underlying causes of themurder and attempted murder of politicians in KwaZuluNatal, (KZN), in terms of section 127(2) of the Constitution ofthe Republic of South Africa, 1996, (“the Constitution”), readwith section 2(1) of the KwaZulu-Natal Commissions Act, 3of 1999, (“the KwaZulu-Natal Commissions Act”).4.The establishment of the Commission was made known bythe publication of Proclamation 1 of 2016 in ProvincialGazette 1748 of 28 October 2016.1William Shakespeare: The Tragedy of Hamlet, Prince of Denmark (Act 1. Scene IV).2 Page
5.The Commission was appointed with the terms of reference,generally, to investigate and report on the underlyingcauses of the murder of politicians in KZN with referenceto:5.1 the number, nature and locality of incidents ofmurder and attempted murder involving politicians,both as victims and suspects, in the Province from2011;5.2 indications whether the incidents are related topolitical, ethnic, tribal, social or criminal factors orany other internal or external influences or factorswhich may be considered relevant;5.3 theoutcomeofanypoliceinvestigationandprosecution of the incidents, including the number ofsuccessful prosecutions, trials and convictions of theperpetrators;5.4 the perceptions of the public, political parties,community structures and members of the relevantcommunities in respect of the underlying causes ofthe incidents of murder and attempted murderinvolving politicians, both as victims and suspects,and the effectiveness of the policing thereof by thepolice service in the Province.3 Page
6.The Commission was required to make recommendations:6.1 to address the underlying causes of the murder andattempted murder of politicians in KZN;6.2 in respect of the prevention of future incidents ofmurder and attempted murder involving politicians,both as victims and suspects and ensuring thesuccessful investigation and prosecution of theperpetrators;6.3 on any other matter of whatsoever nature that theCommission deems necessary or appropriate.7.The provisions of the KwaZulu-Natal Commissions Act No 3 of1999 were made applicable to the Commission, provided thatthe Commission was required to produce and submit its finalreport containing a summary of the evidence, its findings andrecommendations no later than 12 months after 28 October2016.8.By reason of the fact that there were unavoidable delays in thecommencement of the functioning of the Commission, its termwas extended by five (5) months to 27 March 2018 byProclamation 1 of 2017 published in Provincial Gazette 1891 of27 October 2017.4 Page
9.The duration of the Commission was further extended byProclamations 2 and 3 of 2018 to the end of April and the endof May, respectively.10. In terms of section 2(1)(e) of the KwaZulu-Natal CommissionsAct, Advocate MTK Moerane SC was appointed Chairperson ofthe Commission, whilst Advocate V Gounden and Prof CPotgieter were appointed as additional Commissioners. Mr SMdledle was appointed Secretary to the Commission in termsof section 2(1)(d) of the said Act.11. In terms of the Regulations applicable to the Commission, theChairperson designated Advocates B Manyathi and AMNgqanda of the Durban Bar as Evidence Leaders and RetiredBrigadier C Marion as Investigator. The said persons were dulyappointed as such.12. The appointment of the Commission arose out of concern bythe Executive Council of the Province of KZN over politicallyrelated killings which had become prevalent in KZN since sequences for governance in the Province.13. The situation was of great concern not only to the ProvincialGovernment, but also to political parties in the Province of5 Page
KwaZulu-Natal, who were of the view that the matter requiredurgent intervention.14. Regrettably, there does not seem to be any reduction in the rateof the murder of politicians in KZN. There is still somethingrotten in the Province of KwaZulu-Natal.15. Long after the establishment of the Commission, there wascriticism from certain quarters about the necessity ofestablishing a Commission of Enquiry into the murder ofpoliticians as a group or class of persons. It was argued thatpoliticians were not so special as to warrant the time, energyand resources devoted to the investigation of only theirmurders. It was also contended that the Commission wouldamount to nothing more than a mere “story telling” exercise.However, some of these critics actually came before theCommission and gave relevant and valuable evidence.16. It is generally accepted that it is the responsibility of the SouthAfrican Police Service (“SAPS”) to prevent, combat andinvestigate crime in terms of section 205 of the Constitution.On the other hand, the Provincial Government is responsiblefor research, analysis and the development of safety models interms of the Civilian Secretariat of Police Service Act 2 of 2011.The6 PageProvinceisaccordinglymandatedtoanalysethe
underlying causes of murder, in general, and the murder ofpoliticians in KZN, in particular, and develop measures toaddress such causes.17. In any event, the Premier is empowered by section 127(2)(e) ofthe Constitution of the Republic of South Africa, 1996, readwith section 2 of the KwaZulu-Natal Commissions Act, lishment of the Commission of Enquiry has not been thesubject of a legal challenge.ANALYSIS OF THE TERMS OF REFERENCE18. At the outset it is deemed appropriate to set out ourunderstanding of the import of the Terms of Reference.19. As stated above, the Commission is required to investigate andreport on the underlying causes of the murder and attemptedmurder of politicians in KwaZulu-Natal .20. The question that immediately arises as to who is a “politician”within the contemplation of the Terms of Reference. The SouthAfrica Pocket Oxford Dictionary defines “politician” as “a personwho is involved in politics as a job, either as a holder of or acandidate for an elected office”. Other dictionaries define the7 Page
word as “a person who is professionally involved in politics,especially as a holder of an elected office”, “representative”,“candidate”, “official”, “legislator”, “office-bearer”, “statesman”,“stateswoman”, “officer”, “policymaker”, “lawmaker”, “electedofficial”.21. It is clear from the above dictionary definitions that the word“politician” has a wide connotation encompassing variouspersons who are involved in the political process as ebearers,lawmakers or legislators, officers or officials etc. This was alsotheconnotationthattheEvidence LeadersurgedtheCommission to adopt.22. We have accordingly adopted this broad definition of “politician”to include elected councillors, candidates in local governmentelections, municipal officials and officers, such as, MunicipalManagers, Mayors and Deputy Mayors, members of theExecutive Committee of municipalities, members and officebearers of political organisations.23.Furthermore, the Terms of Reference are wide enough topermit the Commission to investigate the murder andattempted murder of politicians, as defined, “with referenceto indications whether the incidents are related to political,8 Page
ethnic, tribal, social or criminal factors or any other internal orexternal influences or factors which may be consideredrelevant.”24.The Commission was acutely aware of the fact that allmurders and attempted murders are, by definition, crimesor criminal acts. However, we conceived our mandate as thatof identifying those killings or attempted killings that wereperpetrated with a political motive or purpose or werepolitically related. The known or reasonably inferred factsattending such crimes were important in determiningwhether or not the killings were committed with a politicalmotive.25.In what follows, we deal with and analyse what we considerthe murder and attempted murder of politicians that fallwithin our Terms of Reference.METHODOLOGY26.For obvious reasons, related to time and resources, it wasimpossible to investigate the murder or attempted murder of9 Page
each and every politician killed in KwaZulu-Natal over theperiod 2011 to date. We also deemed it unnecessary to doso. We believe that the number of persons that wereinterviewed by the Investigator and Evidence Leaders andthosethatwere calledtogiveevidencebeforetheCommission provide a sufficient and representative ations.WITNESSES27.The Commission employed the above-mentioned BrigadierMarion as Investigator and the two above-named advocatesas Evidence Leaders to find and consult with witnesses.28.The Evidence Leaders and the Investigator sought and foundwitnesses and evidence from:28.1the KZN SAPS database, which compiled politicalviolence cases and which indicated politicians thatwere murdered or in respect of which attempts weremade to murder them;10 P a g e
28.2adatabankof politicalmurders/murdersofpoliticians provided by a political violence monitor inthe Province;28.3various political parties, professional organisationsand civil society organisations who were invited toprovide testimony on their understanding of theunderlying causes of the killing of politicians in KZN(see appendix . for organisations who were invitedto testify and those who testified);28.4academics and violence monitors who were invited totestify based on their scholarly and/or advocacy workin the area; riat indicating that they had information andstrong opinions on the underlying causes of thekilling of politicians.11 P a g e
29.Procedure for Final Selection of Witnesses.29.1The Investigator and the Evidence Leaders selectedcases using police dockets from the SAPS database,which represented the various geographical areaswhere killings of specific politicians had taken place.They also ensured that the cases represented thevarious political parties that have a presence in KZN.29.2The family members of the deceased were contactedby the Evidence Leaders on the contact numbers thatwere provided in the police dockets, and meetingswere scheduled with them.29.3In instances where the contact numbers were nolonger in use or had changed, the Evidence Leadersrequested the Investigator to trace the familymembers and obtain their current contact numbers.29.4In the latter instances, the Investigator had an initialmeeting or contact with the family members.29.5The Investigator then provided the Evidence Leaderswith a report based on the interview with the familymembers.12 P a g e
29.6The Evidence Leaders then contacted the familymembers and scheduled meetings with them.29.7In all instances, the Evidence Leaders interviewedthe family members.29.8In some instances, the family members referred theEvidence Leaders to the friends or comrades of thedeceased, who were also interviewed.29.9Where the Evidence Leaders were in agreement thatthe deceased was a politician in the broad sense andthat the underlying context or motive was political,they invited the family members, friends or comradesto testify before the Commission.29.10 The potential witnesses were briefed on the risksattendant on testifying and were also informed of theprotection that would be offered to them should theytestify.29.11 All witnesses were provided with copies of the Termsof Reference, which were also explained to them inthe consultations.13 P a g e
29.12 All witnesses who testified gave oral consent to do so.29.13 If transportation was requested to the venue tor transported some of the witnesses to thevenue and back to their residences.29.14 In other instances, the Secretariat asked the office ofthe Premier’s travel agent to make the necessarytravel and accommodation arrangements.30.Violence Monitor DatabaseThe data bank which the violence monitor Ms Mary De Haashad provided as killings of politicians was consulted. Thesame procedure was followed as set out in paragraph 29,above, in the selection from the SAPS database.31.OrganisationsAfter the organisation had responded that they were willingto testify the same process was followed as set out inparagraph 29, above. Organisations made the decision as towho would testify and the number of persons in theirdelegation. TheEvidenceLeaders consulted with allmembers of the delegation prior to them testifying. All14 P a g e
organisations were provided with the Terms of Reference ofthe Commission.32.Academics and ProfessionalsAfter they were contacted and they indicated a willingness totestify the Evidence Leaders met with academics and otherprofessionals. They were all provided with the Terms ofReference of the Commission.33.Site visit to ommissioners and the Evidence Leaders, the Investigator,the Secretariat and the Commission support staff visited theGlebelands hostel on 21 July 2017.34.Public Hearings34.1All witnesses took the oath or made an affirmation.34.2The Evidence Leaders led the questioning.34.3Questions were informed by the Terms of Referenceof the Commission.15 P a g e
34.4Representatives of the SAPS were present at thehearings and were given an opportunity to posequestions to the witnesses.(5)The Commissioners also put questions to thewitnesses.(6)All public hearings were recorded and transcribedverbatim.(7)The verbatim recordings, the closing arguments oftheleadadvocatesandthenotesoftheCommissioners were used as primary data for themaking and analysis of the findings.35.Final SampleThe final sample of witnesses who testified was thereforedetermined using a qualitative methodology which includeda purposive targeted approach to ensure representivity andwas sensitive to the geographical spread of where the killingstook place.36.In addition, the purposive targeted approach ensuredrepresentivity of the various political parties.16 P a g e
37.The final number of witnesses who testified was 63.Limitations of the Methodology38.The major limitation to the methodology is that somewitnesses were not willing to testify for a number of reasons,including fear of repercussions and the fact that some werestill in mourning.39.The Institute of Security Studies was invited to give evidence,but after consideration declined.40.Amnesty International offered to make a presentation to theCommission, but on reflection, decided not to.41.Although a representative of the eThekwini Municipalityattended the inspection-in-loco at the Glebelands Hostel on21 July 2017, and notwithstanding a written invitation, thesaid Municipality did not volunteer any witness to testify onits behalf. In our opinion, as the largest municipality in KZNthat controls a budget of more than 40 Billion Rands, theirtestimony would have been material and would havecontributed to the findings in the report.17 P a g e
42.Time and resource constraints were a challenge, but we areof the opinion that this final Report provides valid andreliable finding and recommendations that deal adequatelywith the matters that had to be investigated according to theTerms of Reference of the Commission.THE EVIDENCE43.We propose to set out a summary of the evidence presentedto the Commission, both orally and in written form aswitness statements. The purpose of the summary is toprovide an overview of the issues traversed by the respectivewitnesses. While it is intended to capture the basis of ourfindings and recommendations, we came to our conclusionsbased on the evidence as a whole. Thus, the evidence ons comprises the oral testimony of thewitnesses as transcribed and the written submissions andother documentary evidence presented by the witnesses,which were admitted as numbered exhibits.44.We propose starting with the evidence of the families of thevictims, so as to set out the evidential material in respect ofwhich other witnesses gave their testimony and expressedtheir opinions.18 P a g e
SIMPHIWE NTOMBELA45.(VOL 8).He testified on 15 June 2017. He is the brother of the lateVusumuzi Bonginkosi Ntombela (“Vusumuzi”). He was 46years, married and had four children when he died. He wasa teacher by profession. In early June 2015 he was shot andkilled in the classroom at Luvisi Primary School, where hewas the Deputy Principal, in front of the learners.46.The circumstances of the killing were the following. Thewould-be hitman approached the Principal of the schoolrequesting to speak to the deceased. The deceasedresponded that he was still busy teaching. Another learnerwas sent to him. The deceased then decided that the visitorshould come to him. The visitor then entered the classroom,shook the deceased’s hand and spoke to him about work. Itappears that the deceased then gave this person somenumbers to phone. The person pretended to be leaving, atwhich point the deceased turned to write on the chalk-board.That is when the hitman fired 3 or 4 times at the deceased.The bullets struck the deceased and two learners, ElizabethNhleko and Bongumusa Cele. As a result, the deceased and19 P a g e
Ms Nhleko died while Mr Cele suffered gunshot injuries butsurvived.47.The deceased loved his family because when he attendedpolitical meetings in Durban and they finished late, he woulddrive back home at Nquthu irrespective of the time andwould sometimes get home at 2h00.48.He was very humble and respectful and the people loved him.He was a person of principles and would not be swayed ifsomething was against good principles. He was againstcorruption and advocated good governance. He had noenemies except in political circles. One of the speakers at hismemorial service said to be loved by people is something thatno one could take away from him.49.At one stage, Amakhosi did not allow people to come to theirareas and talk about the ANC, but Amakhosi instructed theirIzinduna to allow him to canvass and campaign for the ANCin their areas.50.Mr Mdakane, the hitman, pleaded guilty in the High Court.He was convicted on 22 June 2015 of two counts of murder,one of attempted murder, unlawful possession of a firearm20 P a g e
and unlawful possession of ammunition. He was sentencedto life
Commission of Enquiry into the underlying causes of the murder and attempted murder of politicians in KwaZulu-Natal, (KZN), in terms of section 127(2) of the Constitution of the Republic of South Africa, 1996, (“the Constitution”), read with section 2(1) of the KwaZulu-Natal Commissions Act, 3 of 1999, (“the KwaZulu-Natal Commissions Act”).
May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)
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Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. Crawford M., Marsh D. The driving force : food in human evolution and the future.
Le genou de Lucy. Odile Jacob. 1999. Coppens Y. Pré-textes. L’homme préhistorique en morceaux. Eds Odile Jacob. 2011. Costentin J., Delaveau P. Café, thé, chocolat, les bons effets sur le cerveau et pour le corps. Editions Odile Jacob. 2010. 3 Crawford M., Marsh D. The driving force : food in human evolution and the future.
