JOHANNESBURG November 9 1999 - SAPA
EIKENHOF THREE RELEASED FROM PRISON
The Eikenhof Three walked out of their cells at Johannesburg Prison as free men
on Tuesday afternoon, more than six years after they were jailed for a triple
murder during the apartheid era. Their release came after Bulelani Ngcuka, the
director of public prosecutions, decided not to bring fresh charges against the
men. The warrant for their release was signed by Transvaal Deputy Judge
President Eddie Stafford on Tuesday morning. African National Congress cadres
Boy Titi Ndweni, Sipiwe James Bholo and Sipho Samuel Gavin were jailed in 1994
on charges of murdering Zandra Mitchley, her 14-year-old son Shaun and his
13-year-old friend, Claire Silberbauer. The Pan Africanist Congress of Azania
last year took responsibility for the attack. A colourful group of chanting ANC
supporters waved party flags and displayed posters at the gates of Johannesburg
prison on Tuesday afternoon as they awaited the release of the three. The
posters read: "Welcome Home", "Free at Last", "Goodbye
Curl Lewis," - referring to trial judge David Curlewis who convicted and
sentenced the ANC cadres - and "Jail is not for (the) Innocent".
Moments after their release, the three were hoisted onto the shoulders of the
supporters, who sang freedom songs on the prison grounds. At a press conference,
the Eikenhof Three expressed their gratitude to supporters. "Really this is
a surprise," said Gavin. "I am still surprised and I don't believe
this is true, that this is happening now. I'm shaking. "But I would like to
thank all those who supported us: the PAC, the ANC, our families and all those
who were part of the campaign. God be with you people. Thanks." Ndweni said
he was happy to be released because he and the other two had always been
innocent. Bholo thanked people for their support, adding his gratitude to the
lawyers who fought for the release of the three. Asked whether the three would
take action against the state, ANC provincial secretary Obed Bapela said:
"For now I think we are still celebrating the release of the three
comrades. We will discuss that organisationally." Asked what he thought of
South Africa's present justice system, Ndweni said he did not have a problem in
general. "There are just these reactionary judges. I think they will have
to appoint people who really know their work and judge by what is in front of
them and not because of a person's colour." Bapela added that the ANC was
not happy with the way the three were treated by police, and intended bringing
this up during the expected re-trial. "Now because there is no re-trial we
shall have to discuss what to do next." Ndweni and Bholo previously said
they confessed to the murder because they were tortured by members of the
Brixton murder and robbery squad. Mitchley and the two teenagers died on March
19 in a hail of bullets while on their way from Vereeniging and Johannesburg.
Steps to free the Eikenhof Three began two years ago after PAC member Phila Dolo
claimed responsibility for the attack. In his amnesty application to the Truth
and Reconciliation Committee, Dolo said he supervised the operation in his
capacity as commander in the Azanian People's Liberation Army, the armed wing of
the PAC. In a statement circulated on Tuesday, Ngcuka gave his reasons for not
reinstituting a prosecution against the three. One was Dolo's evidence to the
TRC, another the subsequent investigation by his Pretoria office. Other
circumstances he had considered were that the three had already spent six years
and seven months in custody, a re-trial would be lengthy, resources for
prosecutions were limited, and dealing with current crime was a priority. In
August this year, the Appellate Division set aside the conviction and sentencing
of the three by Judge Curlewis in 1994. The PAC launched a campaign to free the
men before Christmas last year. Speaking at the press conference, PAC
secretary-general Mike Muendane said the three deserved compensation.
"Together with the ANC we will try to explore the possibilities of
compensation," he said. Muendane also called for a judicial review
"because there are people who still use old values. These people must be
weeded out of the judicial system." Bapela thanked the PAC for their
national conference resolution to support the release of the three and
co-operate totally with the ANC. Bapela said it would be difficult for Ndweni,
Bholo and Gavin to reunite with their families and start life again. "But
with the support of the ANC, and the ANC Youth League in particular, I am
definitely sure that they will take care of you until you are part of the
community of the Vaal Triangle and Gauteng," he told the three. For the ANC
there was still the question of what had happened to the R25000 reward money
promised to those who found the Eikenhof killers. The party handed Ndweni, Bholo
and Gavin over to the authorities in March and April 1993, less than a month
after the attack. The money was previously promised to the families of the
three. Former Mpumalanga premier Mathews Phosa phoned during the press
conference to congratulate the three. He was instrumental in legal work that led
to their release. PAC president Stanley Mogoba on Tuesday expressed delight at
the release of the Eikenhof Three. However, the PAC was angry that it had taken
such a long time, he told Sapa. The PAC had hoped the men would be released last
year so that they could at least spend Christmas with their families. "At
least they'll finally be home for Christmas this year," Mogoba said.
© South African Press Association, 1999
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