The NPA has revived a decades-old case linked to apartheid atrocities, seeking justice for Ndondo.
The Eastern Cape Director of Public Prosecutions, Barry Madolo, has made the decision to charge a former police officer for the 1985 murder of anti-apartheid activist Bathandwa Ndondo.
The officer, who was attached to the Transkei Security Branch (SB) at the time, is expected to appear in the Cala Magistrate’s Court in the Eastern Cape on Tuesday.
Murder and conspiracy charges expected
Luxolo Tyali, National Prosecuting Authority (NPA) regional spokesperson, said a charge of murder or conspiracy to commit murder “will be preferred against him before the matter is transferred to the Mthatha High Court for trial”.
Tyali said Nondo’s murder on 23 September, 40 years ago, remains one of the unsolved cases of anti-apartheid activists who died at the hands of the then authorities.
“The accused in this case did apply for amnesty before the Truth and Reconciliation Commission (TRC),” the spokesperson said in a statement on Monday.
“However, his application was rejected, as he had claimed that they shot and killed Ndondo because they feared that if they did not, they would be killed by Askaris.”
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In the apartheid context, Askaris were ANC defectors who switched their allegiance to the regime.
Tyali said the prosecution has evidence that the then-Transkei homeland government gave the accused, another member of the SB who has since died, and two Askaris who have also died, the task of arresting Ndondo.
The group then visited Ndondo’s home in Cala Village, driving a combi.
They allegedly found him in the same room as the late activist, Thobile Bam.
The chase and fatal shooting
Tyali said the alleged perpetrators then left with Ndondo in the combi, saying they were taking him for questioning at Cala Police Station. The activist reportedly tried to escape.
“As the combi was driving at Cala Village, witnesses saw Ndondo struggling to get out of the combi through the window, naked on the upper body,” Tyali said.
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“He ultimately fell off the moving car and started running, with the accused and his accomplices giving chase while firing shots towards him.”
Ndondo then ran into a certain homestead, where he fell as he entered.
Meanwhile, the former police officer and his accomplices allegedly continued shooting.
They then loaded him back into the combi and took him to Cala Police Station and later to the hospital.
Ndondo succumbed to his injuries at the hospital.
“With the enrolment of this criminal matter and the subsequent trial, the NPA hopes that the envisaged conviction will provide the much-needed closure to the victim’s family and the broader public,” Tyali said.
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