The Arrest and Judicial Murder of Sipho Xulu and Lucky Payi

The Arrest and Judicial Murder of Sipho Xulu and Lucky Payi

On 7 June 1984, Sipho Brigitte “MaChina” Xulu (aka “Mpisekhaya”) and Clarence Lucky Payi (aka “Sihle”) were arrested by the apartheid security police for the assassination of Benjamin “Ben” Langa. On the night of 20 May 1984, Payi, Xulu and George Martins were driven by Dennis Hadebe to a house in the Georgetown area of Pietermaritzburg. Martins walked up to the house and his acquaintance Ben Langa opened the door. While the two men were conversing, Xulu and Payi walked up to them, whereby Xulu fired a shot from a Makarov pistol into Langa’s chest, while Payi shot Langa in the head with his Luger pistol. Both cadres fired other shots each and these bullets were lodged in the wall of the building.

According to evidence provided by Joel George Martins at the Truth and Reconciliation Commission (TRC) hearing held at the Pinetown Magistrate Court, on 27 June 2000, he had known Sipho Xulu since the early 1980s, as they both belonged to fraternal organisations that were affiliated to the United Democratic Front (UDF) in Pietermaritzburg. Xulu belonged to the Sobantu Youth Organisation (SOYO), while Martins belonged to the D.C.O. Matiwane Youth Organisation, with was based in the Edendale settlement of Pietermaritzburg. Sipho Xulu had left the country in 1982 for military training in Angola.

Before they undertook the operation, Xulu came to George Martins’ brother’s apartment in Edendale, Pietermartizburg that he was back in the country and that he sought assistance. George and his brother had been living at this apartment for quite a while, and so he just pitched up one day there and he was accompanied by Lucky Payi. He introduced Lucky Payi as a fellow guerrilla, who was infiltrated via Swaziland into the country, and that he was the comrade with whom he would be operating with in the country.

Xulu had advised George Martins about the assistance he needed, which immediately involved the recruitment of people for training to ensure the continuation of the armed struggle. At the time when George met Sipho Xulu he was armed, and his understanding was that he would receive military training internally as well. They did discuss this matter without further details. Sipho Xulu also advised George that he sought information, mainly a brief overview on political developments in Pietermartizburg since he had left the country.

On the night of 20 May 1984, they informed George that they were supposed to eliminate Ben Langa. Langa, who was born in 1944, was originally a Black Consciousness supporter, an activist in the South African Students Organisation (SASO) and a former banned person and detainee who had become part of the ANC underground in Pietermaritzburg. He was a noted poet and involved in cultural affairs.

It later emerged that the assassination of Ben Langa was ultimately attributable to Edward Lawrence, who was a Deputy Commander of the Natal Machinery of Umkhonto we Sizwe (MK) in Swaziland, because, retrieved from under Xulu’s mattress was a document titled “Report May 15 – 31”, which was signed, “Clarence Payi D699 KwaMashu (Sihle). Sipho Machina Xulu, 441 Khwezi St, Sobantu, Pietermaritzburg (Pat)”. Part of the report read: “Mission executed – Ben Langa eliminated on May 20 – reason – Leonard (a pseudonym for Edward Lawrence) informed us on the day we left that Ben is the guy who handed two comrades to the Boers. Also, that he operated fully for the enemy, D.C.O. Matiwane Youth and other various people confirmed through litigation”.

Previously, on 22 November 1983, just after midnight, apartheid death squads, led by Eugene de Kock, raided a house in Mbabane, Swaziland, and killed three MK operatives, including Keith McFadden and Zwelakhe Nyanda. Ironically, the person who survived the raid was Lawrence, known by several codenames – Ralph Mgcina, Leonard and Comrade Fear. He ran from the house naked and reported at the Swazi Police Station. Lawrence was responsible for ordering the killing of an innocent Ben Langa by MK operatives, Payi and Xulu.

According to the African National Congress’ (ANC’s) submission to the Truth and Reconciliation Commission (TRC): “Deliberate disinformation resulted in attacks and assassinations in which dedicated cadres lost their lives. In one of the most painful examples of this nature, a state agent with the name of ‘Fear’ ordered two cadres to execute Ben Langa on the grounds that Langa was an agent of the regime … Once the facts were known to the leadership of the ANC, President Tambo personally met with the family to explain and apologise for this action.”

And besides these acts of betrayal, most of the arrests and deaths of MK and ANC underground operatives that were handled by the Natal Machinery were attributable to Comrade Fear. On the morning of 27 July 1988, following his interview by an ANC Panel of Inquest, Lawrence complained of stomach pains and was later certified dead. During the TRC hearings, de Kock referred to Lawrence as “a very effective operative”.

Actually, Lawrence came under suspicion within the ANC and was detained and interrogated on 26 July 1988, after him and his wife, Jessica, were summoned to Lusaka. Under questioning, he reportedly confessed to being a police spy and subsequently died in ANC custody, the following day, reportedly drowning in his own vomit, although there were suspicions that he was poisoned by those who feared being exposed.

On 26 February 1985, Payi and Xulu were convicted of murder and terrorism. In passing the sentence the judge refused to consider either the youth of the two accused or their backgrounds. He then sentenced them to death. The charges against Xulu and Payi also alleged that together with George Martins and Dennis Hadebe they had intended to murder Faith Matlaopane, a detainee and recalcitrant witness in the Sithabiso Mahlobo, Benedict Martins and Duma Gqubule trial.

The African National Congress (ANC) issued a statement which said: “The ANC is convinced that the agents of the Pretoria regime put out false information aimed to discredit the late Ben Langa. When the real truth emerges it will be shown that the real responsibility for the death of Ben Langa lies with the Pretoria regime.” Sipho Brigitte Xulu and Clarence Lucky Payi were judicially murdered by the Pretoria regime on the morning of 9 September 1986.

“A triple murder had been achieved by the apartheid regime without firing a single shot themselves”. – ANC Statement to the Truth and Reconciliation Commission

Sources:
Joel George Martins, “Amnesty Application: Killing of Benjamin Johnson Langa Attack on Police Vehicle – Soweto”, Truth and Reconciliation Commission (TRC), 27 June 2000
African National Congress, “Statement to the Truth and Reconciliation Commission”, August 1996.
Truth and Reconciliation Commission (TRC), “Truth and Reconciliation Commission of South Africa Report,” Vol. 2, 29 October 1998.
Truth and Reconciliation Commission (TRC), “Truth and Reconciliation Commission of South Africa Report,” Vol. 3, 29 October 1998.
Christopher Merrett, “Born Out of Sorrow: Essays on Pietermaritzburg and the KwaZulu-Natal Midlands under Apartheid, 1948−1994”, Vol. 1, Natal Society Foundation, 2021.
Jacob Dlamini, “Askari: A Story of Collaboration and Betrayal in the Anti-Apartheid Struggle”, Jacana, 2014.
Stephen Ellis, “External Mission: The ANC in Exile”, Jonathan Ball, 2012.
Hugh Macmillan, “The Lusaka Years: The ANC in Exile in Zambia, 1963 to 1994”, Jacana, 2013.
Thula Simpson, “Umkhonto we Sizwe: The ANC’s Armed Struggle”, Penguin, 2016.
Gayton McKenzie, “Kill Zuma by Any Means Necessary”, ZAR Empire, 2017.

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