by Satish Sekar © Satish Sekar (March 14th 2013)
Injury to Insult
The Eikenhof Three are still waiting for apologies for what they went through almost two decades after they were subjected to a terrifying ordeal that could have ended on the gallows for two of them, even though police knew beyond doubt who was really responsible for at least four of the six years they were in prison for a crime they did not commit.
Siphiwe Bholo, Sipho Gavin and Titi Boy Ndweni were framed for the murder of Zandra Mitchley, Shaun Nel and Claire Silberbauer and the attempted murder of Norman Mitchley and Craig Lamprecht as Apartheid was coming to an end. The Azanian People’s Liberation Army (APLA) quickly claimed responsibility for the Eikenhof attack, which occurred on March 19th 1993.
The current President of the Pan Africanist Congress of Azania (PAC), Letlapa Mphahlele had documents verifying this seized by police when he was arrested in a raid in Lesotho in 1995. Despite this the Eikenhof Three remained in prison until 1999. Shamefully, these documents have gone missing along with much of the original docket.
“The time we have wasted before in prison, nothing can buy that, but I think there’s a lot that the State should have done for us”, Ndweni told me exclusively. “There are a lot of programmes that they could have done, like for instance, if you realise that you have wasted somebody’s time, you can assist that person. For example, take him to school and make sure that he has a roof over his head. Those are some of the things that they should have done. We had to get them for ourselves”.
Regret
However while the State and police have not apologised at least one organisation regrets what they endured. “On behalf of myself and the Pan Africanist Congress of Azania, I hereby express our sincerest regret that you were unjustly arrested, tried, convicted and sentenced following the Eikenhof Operation of March 19th 1993”, Mphahlele wrote to each of the Eikenhof Three in December 2010.
The current President of the PAC and its only MP continued. “The operation was planned and executed by members of the Azanian People’s Liberation Army (APLA), the military wing of the PAC. We were taken aback when you and two of your colleagues were arrested and suffered for something you certainly knew nothing about. Although it is a long time since the incident took place, I hope you will accept our humble gesture of regret over what you subsequently went through”.
A Welcome Gesture
It was accepted by the Eikenhof Three. Disgracefully, it remains the only apology, or even expression of regret, they have ever received over their ordeal. “Regarding PAC and APLA I don’t have a problem about them, like they have apologised to us for us being convicted of their deeds,” Ndweni told me. “With regards to justice system, I think there’s a lot that needs to be done about it”. His sentiments are echoed by Gavin and Bholo, although the latter says the PAC don’t owe him an apology.
“I do accept their apologies”, Mr Bholo said. “Whatever happened then happened during struggle, so they were fighting a just cause … according to them they were doing the right thing. I don’t have a problem with their apologies. In fact, I would say, they don’t owe me any apology, because they are not responsible for my arrest. The only thing that was supposed to happen was the proper investigation and the proper presentation of the case in court and it could have resulted in the right people being arrested”.
The statement of regret by Mr Mphahlele remains the only apology that the Eikenhof Three have ever received for their ordeal, even though there is no doubt that they were completely innocent of any involvement in the Eikenhof attack.
Bholo calls for apologies from those he holds responsible. “They have to tell us exactly what happened, including the government, I would say so, because there are different heads to that – the head of Justice and the head of Safety and Security”, he said. “The ANC, they don’t, but the Justice Department, they do”.
Nevertheless, Ndweni believes that the African National Congress (ANC) hasn’t done enough to help them, but the apologies he wants most are not from them. “I would say the police, the prosecuting authority, the witnesses who gave the false evidence about us”, he says. Ndweni says that the Justice Minister owes him an apology too and that he is ‘disappointed’ that he has not received such an apology.
The twentieth anniversary of the Eikenhof attack is less than a week away. Even now it seems sorry is the hardest word to say.