DURBAN, KwaZulu-Natal — In the wake of explosive testimony surrounding the Cato Manor Organised Crime Unit, justice activist and writer John Clarke is calling on the National Prosecuting Authority (NPA) to act swiftly to restore public trust and demonstrate its capability to prosecute without fear or favor.
Speaking in light of the recent Nkabinde Inquiry, which initially focused on the disciplinary hearing of suspended Gauteng Director of Public Prosecutions Advocate Andrew Chauke, Clarke emphasized that the proceedings brought the alleged activities of the Cato Manor “death squad” into sharp focus. Clarke, who monitored the 51-day inquiry and compiled a day-by-day summary of the evidence, asserts that for the past 15 years, the truth has been “held hostage” by a false narrative.
Drawing on a concept of “manufactured consent,” Clarke described the legal maneuvering as “lawfare,” arguing that the truth was kept away from the rigorous cross-examination of the criminal justice system. “In warfare, they say the truth is the first casualty. In lawfare, it becomes the first hostage,” Clarke stated.
The inquiry featured testimony from whistleblowers Clarke has supported for years, including former Cato Manor police reservist Aris Danikas, who testified via video link from Greece, and former IPID investigator Shamila Williams. Clarke highlighted Williams’ extraordinary dedication, noting she testified by day while sleeping on the floor of a hospital by night to care for a cognitively impaired seven-year-old orphan she hopes to foster.
Clarke emphasized the extreme risks these individuals face, noting that at least six people with eyewitness or incriminating evidence against the unit have been killed. With Advocate Chauke now exonerated and the National Director of Public Prosecutions (NDPP) looking to reinstate charges, Clarke warns that those facing justice may attempt to eliminate remaining evidence and witnesses.
“We can’t sit and let the grass grow under our feet. Justice delayed is justice denied, and when justice has been denied for so long, it becomes injustice compounded,” Clarke urged, stressing the immediate need for the NPA to protect whistleblowers.
The hearings also cast a spotlight on tragic victims of the unit’s alleged operations. Clarke detailed the killing of 16-year-old Kwazi Ndlovu, who was fatally shot by police who raided the wrong house while he was sleeping and watching television. Officers allegedly attempted to plant evidence to justify the shooting, a case that eventually led to a costly civil settlement with the backing of Amnesty International, violence monitor Dr. Mary de Haas, and journalists who focused on the story 16 years ago.
Another prominent case involved taxi boss Bongani Mkhize. Despite securing a High Court interdict to prevent the police from unlawfully killing him, Mkhize was killed following a high-speed chase in Durban. According to Clarke, Major General Johan Booysen, who led the unit, allegedly rationalized these actions using an “ends justify the means” approach to combat the ongoing taxi wars. The current chairperson of the taxi association also testified that conditions have not improved since 2012.
Clarke did not hold back in his critique of the NPA’s leadership during the inquiry. He argued that NDPP Advocate Shamilia Batohi was under pressure to please certain constituencies and failed to properly review crucial communications from Danikas. Clarke contended that Batohi wrongfully scapegoated Chauke and other senior prosecutors, such as Advocate Nomgcobo Jiba, and effectively “abandoned the witness stand,” collapsing the disciplinary case.
Drawing historical parallels, Clarke compared the current policing failures to the apartheid-era policing in the Eastern Cape during the 1980s, paying tribute to the late anti-apartheid activist Molly Blackburn. Citing Archbishop Desmond Tutu, he warned that without authoritative responses from people of integrity, the “ghosts of the past” will continue to haunt the nation if they are not properly exorcised.
Clarke concluded by urging the new NDPP to ensure that the NPA acts without prejudice and that prosecutorial decisions are never dictated by the accused. He called for immediate arrests to ensure the safety of those who have waited 15 years for the truth to finally be vindicated.
