Inquest into ANC Activist
The long-delayed inquest into the shocking 1981 murder of anti-apartheid lawyer and ANC activist Mlungisi Griffiths Mxenge is due to continue in the Pietermaritzburg High Court this week. This probe, which kicked off in April 2025, seeks to dig deeper into the brutal killing that shook South Africa’s freedom struggle. As the nation grapples with its painful history, this case shines a light on unresolved apartheid crimes and the quest for justice for victims’ families.
Mxenge, a fearless human rights defender, was snatched and killed by apartheid security forces in Umlazi, Durban. His death, marked by extreme violence, became a symbol of the regime’s desperate efforts to crush resistance. With fresh evidence and a push from the National Prosecuting Authority (NPA), the inquest aims to fill in the gaps left by earlier probes and bring some peace to those still hurting from the loss.
Who Was Griffiths Mxenge? A Life Dedicated to Justice
Born on 27 February 1935 in KwaZulu-Natal, Mlungisi Griffiths Mxenge grew up in a time when apartheid laws squeezed black South Africans at every turn. He chased his dream of becoming a lawyer, studying hard despite the odds stacked against him. In 1966, he spent 180 days in jail without facing charges, a common tactic to silence voices like his. A banning order followed, making life even tougher.
By 1970, Mxenge started as an articled clerk in a Durban law firm. But after finishing his training, the apartheid government blocked him from practising because of his past conviction and restrictions. He fought back and, in 1974, won the right to become an attorney. He set up his own practice, where he took on cases that others shied away from.
Mxenge became a lifeline for political prisoners. He defended ANC members, including Joseph Mdluli, and others from different groups. He joined the Mandela Release Committee, pushing for Nelson Mandela’s freedom, and was part of Lawyers for Human Rights. As a founder of the South African Democratic Lawyers’ Association, he built networks to protect those fighting injustice. Secretly, he backed the ANC’s armed wing, Umkhonto we Sizwe (MK), offering legal cover and support to underground fighters.
His Christian beliefs guided him, blending faith with activism. Church gatherings often became safe spaces for anti-apartheid talks. Mxenge’s wife, Victoria, shared his passion – she too was a lawyer and activist. Together, they stood as a powerful team against oppression, inspiring many in their community.
The Brutal 1981 Murder: A Night of Horror
On 19 November 1981, Mxenge’s life ended in tragedy. He was driving home from his office in Durban’s city centre after a day at work, which included attending a church service with friends. In Umlazi, south of Durban, attackers ambushed him. They were part of the Vlakplaas unit, a secret apartheid police squad known for dirty tricks and killings.
The assault was savage – Mxenge suffered over 45 stab wounds. His body was dumped near a sports field, left for all to see as a warning. The murder sent ripples through the anti-apartheid movement, showing how far the regime would go to wipe out threats. Mxenge’s work defending detainees and aiding resistance made him a prime target.
Tragically, his family’s pain deepened four years later. In 1985, Victoria Mxenge was assassinated in a similar attack, right in front of her son. The couple’s children were left without parents, facing a world scarred by loss.
Early Probes and the Truth Commission’s Revelations
An initial inquest in 1982 failed to pin blame on anyone, a pattern in many apartheid deaths where evidence vanished or was twisted. For years, the killers stayed hidden. Then, in 1989 – nine years after the murder – Butana Almond Nofemela confessed, pulling back the curtain on the plot.
The Truth and Reconciliation Commission (TRC) in the 1990s heard more. Four ex-security policemen – Dirk Coetzee, Almond Nofomela, David Tshikalange, and Brian Ngqulunga – admitted their roles. They said the hit was meant to smash ANC operations. But the TRC turned down their amnesty pleas in 1997 and 2001, ruling the killing did not fully qualify as political.
In 1997, a Durban High Court trial convicted Coetzee, Nofemela, and Tshikalange, handing them life sentences. Two others walked free due to weak evidence. Yet, questions lingered about who gave the orders and the full chain of command. The TRC, while groundbreaking, left many cases open, with perpetrators slipping through cracks.
Why Reopen the Inquest Now?
The push to restart the inquest in April 2025 comes from a drive to tackle apartheid cold cases head-on. The NPA, led by Advocate Elaine Harrison in KwaZulu-Natal, cited new leads and the need for a full record of Mxenge’s death. Working with the Hawks and National Archives, they aim to present fresh proof to challenge old rulings.
This fits into a bigger effort to revisit suspicious deaths, like that of Chief Albert Luthuli in 1967. Both inquests ran side by side in Pietermaritzburg, highlighting the TRC’s shortfalls. For Mxenge’s family, it’s about closure – knowing the whole story and honouring his fight.
Mbasa Mxenge, who was 15 when his father died, has called on the confessed killers to name who ordered the hit. His sister, Ntombodidi Mxenge-Makhanya, said the family welcomes the probe, even if it hurts to relive the past. The ANC has backed the process, with spokesperson Mahlengi Bhengu-Motsiri calling it a step toward healing “tragic, unresolved and mysterious deaths.”
Two surviving convicted men – Nofemela and Tshikalange – have asked the South African Police Service to pay for their lawyers in the inquest. This adds another layer to the legal tangle.
Delays and Hurdles: The Road to October
The inquest hit snags from the start. It began on 14 April 2025 but was put off to June to sort legal aid for witnesses, including former security branch members. In June, more issues arose with representation.
NPA spokesperson Natasha Ramkisson-Kara said: “It was twice remanded due to issues of legal representation of the former members of the Security Branch to be legally represented during the proceedings. On the recent sitting in June this year, the court advised that should the processes of legal representation not be finalised by October 9, the representatives of both the SAPS Legal and the State Attorney must appear before the court and advise on the reasons for the delay.”
The case was adjourned to 9 October 2025. The state has vowed to call all linked people, even without lawyers, using subpoenas if needed. These hold-ups show the challenges of old cases – fading memories, dying witnesses, and rights clashes. Still, the NPA stays firm on moving ahead.
Impact on Family and Community: Healing Old Wounds
Mxenge’s death shattered his family. Losing both parents to assassins left their children to rebuild alone. Relatives call the inquest a “mixed blessing” – it reopens scars but offers a shot at truth. In Umlazi and Durban, people remember Mxenge as a hero who stood for the downtrodden. His story fuels today’s fights for rights and equality.
The ANC has shown support, with leaders attending court to stand with the family. Provincial figures like former KwaZulu-Natal premier Nomusa Dube-Ncube have joined, stressing the need for accountability. Community voices echo this, seeing the case as part of mending South Africa’s divided past.
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