Hitmen to rot in jail over Amcu members' murders

Amcu member Makibongwe Ndazo at court lived to tell his story. Picture: Zelda Venter/Pretoria News

Amcu member Makibongwe Ndazo at court lived to tell his story. Picture: Zelda Venter/Pretoria News

Published Jun 3, 2019

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Johannesburg - Members of the Association of Mineworkers and Construction Union (Amcu) burst into spontaneous applause after two men hired to assassinate some Amcu officials in Marikana, were sentenced to lengthy jail terms each.

Simphiwe Silwane, 36, received a life imprisonment sentence for murder as well as an additional 70 years imprisonment for two charges of attempted murder and the illegal possession of a firearm and ammunition.

His co-accused, Samkelo Mkhutswa, 38, was sentenced to 45 years imprisonment in the Gauteng High Court, Pretoria. He was convicted on one charge of murder as well as the illegal possession of a firearm and ammunition.

Silwane was earlier convicted of the murder of Mveliso Biyela, who died while walking home from Wonderkop Hostel in Marikana on September 22, 2017. Biyela was in the company of his wife and son when his attackers opened fire.

He died from multiple injuries.

While Mkhutswa was never charged with this murder, Judge Bert Bam on Monday commented that he could count himself lucky for this. If he was charged, there may have been a different outcome for him.

Both men were convicted and sentenced for the attempted murder of one of Amcu’s top management at Lonmine Mine,  Malibongwe Mdazo. 

Judge Bam said it was just by the grace of God that Mdazo is still alive today. He said the two accused were very lucky that he did not die, else they would have had to answer for his killing as well.

Mdazo was severely injured after he was hit by several bullets as he was leaving a stadium in Mooinooi, shortly after a soccer match. 

He was at court to witness his attackers go to jail for a very long time. Mdazo said he was happy that they will remain locked-up for many years to come. 

He said the sentences the two men received, especially the life sentence, will hopefully be a deterrent to others who continue with violence in the Marikana mine area.

“There won’t be any other killings again like this if the courts continue to deliver this type of sentences, ” he said.

The court found that Mdazo and Biyela was shot with the same semi-automatic firearm. 

The third victim,  Amcu member Msindiseni Kwenene was shot at in September 2017 as he was walking to work. He ran away but another attacker armed with a handgun was waiting for him and further opened fire. He was later joined by a third armed man, but in spite of the hail of bullets, Kwenene survived the ordeal.

Both accused were convicted on circumstantial evidence. Silwane had also made a confession during the investigation into the murders.

He claimed both he and Mkhutswa were asked by some former disgruntled Amcu members to execute several killings. He said they were promised R50 000 for the job.

The killing and attempted killings were apparently motivated by the discontent of former Amcu members whose membership was terminated. Their positions were filled by others, which included Mdazo and Biyela.

Judge Bam said both the accused were hired hitmen who were willing to kill, all because of greed. The judge said neither accused showed any remorse for what they had done and they had no respect for their victims. To make matters worse, Biyela’s wife and child had to witness him being killed in front of their eyes.

“It is clear that they had no mercy for their victims and they intended for them to die,” the judge said. He referred in this regard to the number of shots fired at all the victims.

The two men were whisked to the holding cells within seconds after their sentencing, while hundreds of Amcu members in court cheered.

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