Walter Sisulu University’s council has set up an independent commission of inquiry to probe several incidents including the recent fatal shooting of student Sisonke Mbolekwa — but his grieving family is determined to sue the university for his death.
Mbolekwa, 24, was shot dead during a student protest on the Nelson Mandela Drive campus in Mthatha on Tuesday last week.
This week, WSU council chair Prof Tembeka Ngcukaitobi announced the commission, to be headed by retired Constitutional Court justice Chris Jafta, had been appointed to investigate many incidents including the circumstances surrounding Mbolekwa’s death.
Mbolekwa family spokesperson Ncedo Kolanisi said on Wednesday that they welcomed the decision to set up the commission.
But the family drew a distinction between the management of WSU and the council, saying the commission plan was a council decision, not a management one.
“Though the family welcomes it, it also wants to caution Walter Sisulu [management] this must not be a ploy to cover up all the incidents that have been happening, but rather a commission of inquiry that will be broadcast live on television so no stones are left unturned.
“As much as the family welcomes the commission of inquiry, that does not stop the family from pursuing legal avenues ... because the commission will not compensate for the loss of [Sisonke’s] life.”
On Tuesday, Manelisi Mampana, 54, a university residence manager, appeared in the Mthatha magistrate’s court on a charge of murder for Mbolekwa’s death and attempted murder for allegedly shooting and wounding fellow student Lizwa Sinoyolo Ndzumo,19, during a protest over poor living conditions in the Mthatha student residences.
Addressing the media outside the court, Kolanisi said the postmortem results revealed Mbolekwa had been shot in the back, suggesting he had been retreating at the time of the shooting.
Mampana was also charged with unlawful possession of a firearm and ammunition after it was established that his 9mm pistol was unlicensed.
Ngcukaitobi announced the commission’s evidence leader would be advocate Bayethe Maswazi.
Former convocation president and Mthatha lawyer Zincedile Tiya would be the attorney for the commission, while respected businessman and former National Student Financial Aid Scheme chair Sizwe Nxasana would be the commission’s technical expert.
Additional technical experts and other service providers would be announced after consulting the chair, Ngcukaitobi said.
The office bearers assumed their duties on Tuesday.
In line with the terms of reference, the commission must investigate and make recommendations on:
- The circumstances surrounding the shooting of Mbolekwa, Ntando Gqetywa and Ndzumo on April 15;
- Whether any employee of the university conducted themselves appropriately in the way the three students were shot;
- The allegations of a breakdown in student discipline and governance on the Mthatha campus, and their underlying causes, and whether adequate measures were taken by responsible university employees to ensure that student grievances were identified and addressed, and that discipline was enforced and maintained to ensure everyone’s safety;
- Allegations of excessive force and violence against students by security companies employed by the university, specifically the incident concerning Sethu Ndamase; and
- Whether the security companies employed by the university had managed student protests in accordance with the Bill of Rights; whether they were adequately resourced and experienced; whether their appointment was sufficiently rigorous to identify and manage risks; and whether the contracts were managed appropriately.
Ngcukaitobi said the commission should provide its final report and recommendations to the council within three months.
On Wednesday, he said the council had resolved to appoint the commission because Mbolekwa’s death was of immense public interest.
“A commission of inquiry is our best hope to obtain enough information to know what happened.”
Referring to the appointment of Jafta, he said a commission chair should be a distinguished person of integrity, fearlessness and fairness.
Jafta’s history spoke for itself. He was someone who “will leave no stone unturned and will be fair to all those affected”.
“We trust his judgment and ability to investigate the matters that have been assigned in the terms of reference,” Ngcukaitobi said.
On Wednesday, SRC member Themba Zikhali said Ndamase was a second-year woman student who was shot and wounded by a guard earlier in 2025.
Eastern Cape provincial police spokesperson Brigadier Nobuntu Gantana said the commission’s work would not hinder police investigations as the inquiry would have terms of reference which might be broader than the criminal investigation.
Daily Dispatch
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