Executive director of the Ahmed Kathrada Foundation (AKF), Neeshan Balton said he has been forthcoming with responses to the investigation team probing the December 1989 death of uMkhonto weSizwe (MK) combatants.
“I will be appearing before the Randburg Magistrate’s Court as required by a subpoena issued under section 205 of the Criminal Procedure Act. This provision allows for examination before a magistrate by a public prosecutor of a person who is likely to give material or relevant information as to an alleged offence,” said Balton.
“The alleged offence to which I am said to have relevant information is one under investigation by the SAPS: Crimes Against the State Unit (CATS), per its mandate concerning the Truth and Reconciliation Commission (TRC) cases and concerns the deaths of two Umkhonto we Sizwe cadres, Comrades Yusuf Akhalwaya and Prakash Napier.”
Balton’s comrades, Yusuf Akhalwaya and Prakash Napier died tragically at Johannesburg Park Station on December 11, 1989, when a limpet mine bomb, carried by Napier, exploded prematurely.
In 1989, part of Umkhonto we Sizwe’s Ahmed Timol Unit, was engaged in an armed operation targeting transport infrastructure intended to show solidarity with the then ongoing railway workers’ strike and to further the liberation struggle.
“Their untimely and tragic deaths are to be mourned. They were courageous young men with their lives still ahead of them. They left behind devastated families, and in Yusuf’s case, an infant daughter,” said Balton.
“While I was never involved in this military operation — neither in its planning nor in its execution — and have no personal knowledge of the tragic incident, I was their comrade as the political head of the Ahmed Kathrada Area Political-Military Committee," he said.
"Indeed, I recruited Prakash into MK. I know the sacrifice they made. Our democracy owes them a debt of humble remembrance.”
Balton said he has always been willing to make available any relevant information he has to the investigation team, led by a Lt. Col Jason Naidoo.
“But this public statement, ahead of Friday’s magistrate’s appearance, has become unavoidable in that the subpoena was secured on the back of the investigator’s claim that I have been less than forthcoming in my responses to requests for information and also by my concern as to the stark divergence between what was initially represented to me as the purpose of the investigation and the most recent representations,” he said.
“For the record, my willingness to assist the investigator, where that is possible, has been repeatedly shown. In face-to-face meetings and in correspondence stretching back now for over two years, I have provided responses to the investigating officer’s queries," Balton said.
"I have demurred when faced with vague, speculative questions that point only to an indeterminate fishing expedition. But I have repeatedly invited the investigator to explain to me why I am wrong in this posture.”
Balton said the subpoena he received maintains that he is to be examined in respect of an alleged offence of murder.
He said that at no point in his engagement with the Naidoo has the investigator mentioned that the matter concerned a possible case of murder.
"Instead, he has at all times represented that he was investigating the deaths of Yusuf and Prakash. Nor has there ever been any cause shown, certainly none of which I am aware, as to why these deeply tragic deaths of my comrades might be classified as murder,” he said.
“Be that as it may, I have again provided an exhaustive response, this time in affidavit form, to the questions that, per the legal advice given me, were relevant to the investigation so that I might assist. That response was deemed unsatisfactory and for this reason I must now appear before a magistrate. I will appear as I have engaged throughout - with every willingness to assist and provide information relevant to the investigation.”
Earlier on Thursday, IOL reported that the Ahmed Kathrada Foundation has thrown its weight behind Balton ahead of his court appearance before the Randburg Magistrate's Court on Friday in connection with the death of two Lenasia-based ANC members of the armed unit, the MK.
Chairperson of the Ahmed Kathrada Foundation, former Cabinet minister Derek Hanekom said Napier, Akhalwaya and Jameel Chand, as members of MK’s Ahmed Timol Unit (ATU), were on their way to conduct a sabotage attack at the railway station, when the limpet mine bomb exploded prematurely, resulting in the tragic deaths of the two MK combatants.
“Lieutenant Colonel Jason Naidoo of the SAPS: Directorate of Priority Crimes Investigation or Hawks has been engaging on the matter with Balton over the past two years as Balton was the underground political commander of the Ahmed Kathrada Political-Military Committee in Lenasia in the late 1980s that oversaw the activities of the ATU. The Hawks claim that they are investigating the circumstances of the explosion, and possible murder of the victims, by suspects who are unknown at this stage,” said Hanekom.
“They claim that this matter emanates from the report of the Truth and Reconciliation Commission (TRC), and they believe that Balton may have material or relevant information relating to the case.”
IOL