Joseph Lesetja Sexwale [JB02462/01GTSOW] and two others were exhumed and reburied; Khalipha, who was the only one from the Eastern Cape, was reburied in . The man arrested near Elliot was Mr Mveleli ‘Junior’ Saliwa [EC2691/97UTA], who had been driving the group. He was subsequently put on trial in Umtata.

135 The first terrorism trial was held in 1981. Among the accused were Mr Mzwandile ‘Kaiser’ Mbete [EC972/96ELN], Mr James Kati [EC0309/96WTK], Mr Mkhangeli Matomela [EC0121/96KWT], Mr Alfred Marwanqana [EC0670/96PLZ] and Mr Mveleli ‘Junior’ Saliwa [EC2691/97UTA], who had been captured during the August 1981 shoot-outs. Some were members of the opposition Democratic Progressive Party’s (DPP) youth league. Matomela and Marwanqana were finally acquitted in 1982; all the other co-accused were convicted and given sentences ranging from five to thirteen years’ imprisonment. Most of them had been in detention for more than a year before being charged, and most spoke of torture by police. Marwanqana, who had been jailed on Robben Island for ANC activities in the 1960s, fled into exile soon afterwards. He and two of his children, Thandiswa and Mzukisi, were killed in the SADF raid on Lesotho in December 1982.

136 In 1982, COSAS activist Siphiwe Mthimkulu [EC0034/96PLZ] and his friend Tobekile ‘Topsy’ Madaka [EC0766/96PLZ] were abducted from Port Elizabeth and killed by security police. In his amnesty application, Port Elizabeth police officer Mr Gideon Nieuwoudt referred to attacks on police officers at the time and claimed that the two activists were linked to these attacks and to a spate of bombings. This was used to explain the context in which the two were assassinated. However, it appears that while Mr Mthimkulu and Mr Madaka were linked to the ANC in Lesotho, they were part of a ‘propaganda wing’ involved in pamphlet distribution and were not involved in the armed actions.

The case of Siphiwe Mthimkulu

Mr Siphiwe Mthimkulu [EC0034/96PLZ] was a student activist in Port Elizabeth from 1979 until 1982, when he disappeared. He was chairperson of the Loyiso High School Students’ Representative Council and an active COSAS member. It is also widely believed that he was an underground member of the then banned ANC.

Mthimkulu was involved in the COSAS schools boycotts of 1980–81 and a campaign against Republic Day celebrations in 1981, which involved the distribution of ANC pamphlets in Port Elizabeth. Along with other COSAS members, he was detained on 31 May. After being shot while trying to escape

VOLUME 3 CHAPTER 2 Regional Profile: Eastern Cape PAGE 74 detention, he was treated in Livingstone Hospital. He was held at the Security Branch headquarters in Port Elizabeth as well as Algoa Park and Jeffreys Bay police stations and was subjected to extensive interrogation and torture, including suffocation, electric shocks, sleep deprivation and being forced to stand on bricks for many hours.

He was released without charge on 20 October 1981, after five months in detention. He made a statement to his lawyer and instituted a case against the Minister of Police for assault and torture. The day after his release Mthimkulu complained of pain in his stomach and legs and was soon unable to walk. Fighting for his life, he was admitted to Livingstone Hospital. In November, he was transferred to in Cape Town, where his hair started to fall out. Neurologist Dr Frances Ames diagnosed poisoning with thallium, an odourless and tasteless poison unavailable in except to the state.

In January 1982, Mthimkulu returned to Port Elizabeth in a wheelchair. The police claimed that a top-level investigation into his poisoning was being conducted. On 2 April 1982, he instituted a second claim against the Minister of Police, this time for poisoning. Within two weeks, he had disappeared.

Ms Joyce Mthimkulu, Siphiwe’s mother, last saw him on the morning of 14 April when he left for Livingstone Hospital with his friend, Mr Tobekile ‘Topsy’ Madaka, who often helped COSAS members with transport. After visiting the hospital, Mthimkulu spent the evening with other COSAS members, including Mr Madaka, Mr Lulu Johnson, Mr Tango Lamani and Mr Themba Mangqase. Mthimkulu left Johnson’s house that evening with Madaka and Mangqase, dropped Mangqase off and arranged to return to Johnson’s house later.

They never came back, and it seems that Mangqase was the last person to see them alive before they were abducted. About a week later Madaka’s car was found at Sterkspruit in the Transkei, near the Telle Bridge border post with Lesotho. Madaka’s passport and Mthimkulu’s wheelchair were inside. The two families received anonymous telephone calls claiming the youths were safe. Enquiries on behalf of the Mthimkulu family at the time ascer- tained that Mthimkulu was not in custody in South Africa or Transkei. Enquiries through the United Nations High Commission for Refugees, the Civil Rights League, the ANC and churches in Lesotho, and a trip to Lesotho, confirmed the Mthimkulus’ belief that he had not gone into exile.

In 1986, security police searched the Mthimkulu’s house, claiming Siphiwe was back in the area after being trained as a ‘terrorist’. In response to

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