Sindiso Magaqa's murder was a 'state-sanctioned killing' claims family amid Madlanga Commission evidence

The murder of ANC councillor Sindiso Magaqa in uMzimkhulu was a “state-sanctioned killing”.

That is the view of his family following damning revelations by a witness at the Madlanga commission this week. Witness E, who is a police officer with the crime intelligence unit, told the commission that the police knew before Magaqa was murdered that there was a plot to kill him.

He revealed that the police did not act on this information; furthermore, police assets were used to kill Magaqa. Witness E detailed the role that was played by crime intelligence in the matter. He stated that he had become aware of the murder plot and contacted his superiors about it, proposing how the murder could be stopped.

However, his police seniors ignored the information along with the plan to protect the former ANC Youth League leader. It emerged that a car and a gun used in the murder of Magaqa had belonged to the Crime Intelligence Unit.

Thabiso Zulu, the Magaqa family spokesperson and a close friend of Magaqa, indicated they blame the state for the death, adding it actively participated in the killing and then failed to hold those responsible to account. Zulu has been fighting for accountability since the murder. “This was a state-sponsored killing and the agents have not yet been arrested. What do you call that?” he said in frustration.

Speaking to The Mercury, Zulu said, “The testimony vindicated our position that Sindiso was killed with the help of the state. We call for an urgent arrest of all those who were involved in planning this heinous crime, i.e., politicians and those former apartheid agents from CI (Crime Intelligence).

“The NPA and the police must not be afraid to act against people from law enforcement agencies; failure to act will continue to undermine efforts to arrest graft and protect whistleblowers. “We also call for conclusions on investigations related to the uMzimkhulu memorial hall, which led to the death of many councillors, i.e., Khaya Thobela, Mduduzi Tshibase, and our very own Sindiso Magaqa,” he said.

Asked whether they will take legal action against the police amid the revelations, he told The Mercury, “No, we have not reached that conclusion yet. A meeting will be held to discuss issues in full, including how we are going to proceed after yesterday's confirmation of what we know. “We held a preliminary meeting yesterday, but we have not reached any conclusion about the steps to be taken; a meeting that will be fully attended by all will take place to consider all matters in the near future.”

He expressed frustration about how the state has handled the issue. He said the state has been sitting on the affidavit of Witness E for the last eight years; it has never arrested these police officers.

“We have had his affidavit for some time, and the state is not willing to implicate those involved. There are two people being named, and there is a third person who signed for the AK-47 and the car and is now acting. He refused to allow crime intelligence to provide security,” Zulu said. He said he had been pleading with the authorities for eight years to investigate the uMzimkhulu Memorial Hall, because that is where Magaqa died.

“It does not serve any purpose to say you are fighting corruption but you can’t investigate that hall of shame that caused the loss of many lives.” He said in the fight to hold those responsible accountable, he too had suffered, “I have lived a life of vagrancy because of the hall.”

Security experts warned that the revelations are damaging for the police’s reputation and could lead to grounds for a claim against the police. Security expert Dr Johan Burger said the revelations are only the first step and would need to be verified through an investigation to determine if the police had played a role in the murder of Magaqa.

“The commission will compile a report of its investigation, and if it finds that the allegations of police involvement in the matter had not been investigated fully, it can recommend that the investigation be reopened,” he said. He added, “If that investigation is conducted and confirms that the police played any role in the murder, the report of that investigation would place the family in a very strong position to launch a civil claim against the police.”

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