A Durban man found guilty of the apartheid-era murder of 17-year-old United Democratic Front activist Siphelele Nxumalo was sentenced to 10 years imprisonment in the Durban Magistrate’s Court on Thursday.
Acting magistrate BK Khumalo said when handing down the sentence that Wesley “Matiri” Madonsela, 52, had not shown any remorse to receive mercy from the court.
Madonsela, who was part of an A-Team that worked with the Natal Security Branch in Chesterville, was arrested for Nxumalo’s murder after it took place in 1989 but did not return to court after he was granted bail. He was only recently arrested and put on trial in October.
Khumalo said Madonsela could have shown remorse for the crime.
“During the trial there was overwhelming evidence that you were guilty of the crime but yet you still chose to plead your innocence. You also could have gone to the Truth and Reconciliation Commission and pleaded forgiveness and in that way you would have shown remorse. To receive mercy from the court you must show remorse as that leads to rehabilitation.”
Khumalo added that murder was the most serious offence and had no time limits.
“It doesn’t matter if a murder took place in 1989, the year 2000 or even 2023; once a life is taken it can never be replaced. You and your two accomplices, who are deceased, violently took a life without remorse.
“You took away the right to life and according to the Constitution everyone has the right to life. It’s the judgment of the court that you be sentenced to 10 years’ imprisonment.”
Khumalo said that Madonsela would also be declared unfit to possess a firearm in future.
Madonsela’s attorney, Bongani Cele, asked the court for leave to appeal the sentence, with the appeal expected to be heard on November 14.
Muntu Nxumalo, the Nxumalo family spokesperson, said the family was relieved to finally have closure.
“We are not so much concerned about the sentence that Madonsela received, we were more interested in knowing how he was murdered.
Lots of people were telling us what happened, but it’s only through this court process that we found out the truth about what really happened.”
Nxumalo added that as a family they were activists during the fight against apartheid and that is why they needed the truth.
“I was on Robben Island during the Struggle; my sister’s husband was killed, my nephews were killed and that is why we needed this closure. It was a deep wound and at least by having the truth about Madonsela, we can say that the wound is healing.”
He added that they have forgiven Madonsela for his crime. “We feel that he should have come forward and told the truth to the Truth and Reconciliation Commission, that way he could have asked for amnesty. However, we have forgiven him because holding grudges will not bring Siphelele back.”
Natasha Ramkisson-Kara, KZN National Prosecuting Authority (NPA) spokesperson, said the NPA welcomes the findings of the court.
“This is an example of the NPA's TRC component’s efforts in addressing the atrocities of apartheid crimes; and getting justice for the victims and their families. The success of these cases relies heavily on the joint efforts between the NPA, the DPCI and other stakeholders.”
The Mercury