Independent Boord of Inquirv

~;J' ~ ~~ ~ . ~ . H Independent Boord of Inquirv

---1 Into Informal Repression -,'

Phone (011) 403-3256/7 Fox (011) 403-1366

.'"

REPORT OF THE INDEPENDENT BOARD OF INQUIRY INTO INFORMAL

REPRESSION FOR THE MONTH OF FEBRUARY 1991

I. INTRODUCTION:

FeRruary was highlighted by the re-emergence of targeting

individuals for attack. The most tragic example of this was

the murder of Bheki Mlangeni, an articled clerk at Cheadle

Thompson and Haysom, the Boards attorneys. In 1990 Mlangeni

was seconded to the Board to assist in the investigation

surrounding the Harms Commission. Mlangeni was killed by a ~ . highly sophisticated bomb, the original target of which was

former police captain Dirk Coetzee. Furthermore, there have

been several other attacks on trade unionists, civic leaders

and officials of the African National Congress (ANC).

Following the release of the auditor general Peter Wronsley's

report severe irregularities in civil Co-operation Bureau

(CCB) funding has come to light.

BOARD MEMBERS' Prof L Ackermann. Dr Allan Boesak. Dr Alex Beraine. Rt Rev Dr Manas Butheiezi, Mrs Judy Chalmers. Dr Frank Chlkane. Dr Max Coleman. Mr Brion CUffin. Mrs Sheena Duncan. Mr Peter Harris. Mr Ene Molobl. Sr Jude Pleterse. Archbishop Desmond Tulu -2-

The Board continues to monitor the violence on the Reef,and

apart from a few isolated attacks the violence which swept

the Reef during the latter half of last year has largely

ceased. It is difficult to say at this stage whether the high

level meeting between the Deputy President of the African

National Congress (ANC) , Mr Nelson Mandela, and the President

of the Inkatha Freedom Party, Mr Mangosuthu Buthelezi, has

) had any lasting effect.

II. ATTACKS ON INDIVIDUALS:

1. Bheki Mlangeni

In January 1990, Bheki Mlangeni was seconded by the Board's

attorneys to assist in the Board's investigation into the

police hit squads. This investigation continued throughout

the sitting of the Harms Commission. Bheki's work led to a

number of Dirk Coetzee's allegations being SUbstantiated and

he managed to uncover a considerable amount of corroborative

evidence, which was presented in exhibit form to the Harms

Commission. Mr Mlangeni's investigations were at times

extremely dangerous, however his enthusiasm and commitment to

the task remind steadfast. Bheki also attended the London

hearings of the Commission and served as a link between the

investigative team and Dirk Coetzee. r

-3-

In this capacity Bheki visited Lusaka on a number of

occasions. In April of 1990, Bheki received a telephone call

from an unknown person informing him that a hit squad had

been despatched to Lusaka to kill Dirk Coetzee. In the course

of the next few months Bheki also received telephonic threats

to his life. In August and September when the Reef violence

was at its height, Bheki was an integral part of- the Board's

investigative team. Bheki was also a well known activist and

totally committed to the community in which he lived. He was

education officer of the Soweto civic Association since 1987

and chairperson of the Jabulani branch of the ANC since 1990.

Prior to his graduation, he was an outstanding student leader

holding the following positions: executive of the Congress of

South African Students (Cosas) 1978-79, national political

education officer of the South African Students Congress

(Sansco) 1984-1988; regional chairperson of Sansco 1985-1988

and vice-chair of the Black Students Society at the

University of the Witwatersrand. He was detained on three

separate occasions, in 1982 and 1983 he was detained by the

Ciskeian authorities for six and three months respectively.

In 1986/87 he was detained under the state of emergency for a

year. -4-

Bheki was killed on February 15, 1991 at his Soweto home by a highly sqphisticated explosive device which arrived in a parcel from Lusaka. The parcel contained a walkman ~y~~ tape recorder with earphones and a tape marked "Hit squad information". Bheki took the equipment home and went into his room to play the tape. He put the earphones on and pushed the play button, detonating the explosive charge concealed in the earphones and killing him instantly.

Subsequent examination of the wrapper of the parcel established that it was posted from Joubert Park post office in Johannesburg on May 10, 1990. The parcel was addressed to a Mr D Coetzee in Lusaka and the sender was "Bheki" from

Cheadle, Thompson and Haydon, Geldenhuys Building, Denhill.

This was a misspelling of the name of the attorneys firm where Bheki worked. The address was combination of the actual physical address of the firm and the address of the offices from which the firm use to operate. From this it is apparent that the actual target of the bomb was Dirk Coetzee. -5-

The Board is concentrating a large portion of its resources on the investigation into Bheki's murder. Permission has been given by the South African government for the Board to bring in an independent forensic expert to examine the evidence.

2. Other incidents:

2.1 Reverend Frank Chikane:

The general secretary of the South African Council of

Churches (SACC), the Reverend Frank Chikane, who is no stranger to harassment, has reported to the Board's attorneys that his parents home in Soweto had been under surveillance by men in two cars, one of which was carrying several white men. His parents claimed that the men had taken photographs of their home. The Opel Monza's registration number was taken and investigations have shown that this car is registered to a South African policeman stationed at Protea police station in Soweto. Lawyers for the family have written to the Minister of Law and order, Mr Adriaan Vlok, the

Commissioner of Police and the Divisional Commissioner of

Police (Soweto) requesting an urgent investigation into the suspicious behaviour of the SAP in this case. -6-

2.2 Sam Ntuli:

The Thokoza home of Mr Sam Ntuli, the President of the civic

Associations of the Southern Transvaal (Cast), was attacked on February 2, 1991. Two handgrenades were thrown into his home resulting in the injury of five people one of whom was nine year old girl. Mr Ntuli was not home at the time of the attack. The matter is being investigated by the Board.

2.3 Solly Rasmeni:

African National Congress Klerksdorp Branch Executive member and National Union of Mineworkers regional organiser, Mr

Solly Rasmeni's front door of his home in Jouberton was badly damaged by an explosion. Police investigating the blast have said that commercial explosives were used.

2.4 Bheki Mkhize:

The Board's December/January report mentioned an attempt on the life of Mr Bheki Mkhize, the national president of the

National Education, Health and Allied Workers Union (Nehawu). -7-

The Board is currently investigating a second attack on Mr

Mkhize which occurred in late January when several shots were fired at him. Mr Mkhize said that after the shots were fired he saw a white kombi speeding away from the scene. Board investigators have taken a statement from Mr Mkhize.

2.5 Winkie Mabiletse:

Food and Allied Workers' Union (Fawu) shop steward, Mr Winkie

Mabiletse who is an employee of Clover NCO in Boksburg reported an attempt on his life. The Board has taken a statement but as yet there is no indication as to who the attackers may be.

III. STATE INSTITUTIONS:

1. The civil Co-operation Bureau:

In 1990 auditor-general, Peter Wronsley, was appointed by the

State President FW De Klerk and the Minister of Finance

Barend Du Plessis to do a thorough audit of the CCB. In the light of this the Board prepared a document highlighting irregularities surrounding the funding and financial -8-

practices of the CCB. This document was given to the

Democratic Party to assist them in the parliamentary debate on the issue. On February 6, 1991 Defence Minister, General

Magnus Malan announced that an internal audit of the CCB by the defence force had been completed and that there was no question of millions of Rand being unaccounted for. He said further that the CCB had not been active since February 1990 and was now 80 percent disbanded. (Citizen 7/2/91).

In his report the auditor-general indicated that R10 million had been spent on the CCB between April and July of last year. This money had been paid out for the resettlement of still serving members. Wronsley found further that the

Ministers of Defence and Finance had given verbal approval for operations of which the state President knew nothing.

This was in clear contravention of treasury rules. Wronsley also complained that of obstruction during his audit, limited access to documents and the destroying of records. (Business

Day 20/2/1991). These disclosures led to calls for Malan's resignation from both the Democratic and Conservative

Party's. (The star 21/2/1991). On February 21, Malan revealed that the SADF legal team for the Harms Commission had cost

R2,2 million, the cost to be borne by the taxpayer. DP member -9-

of parliament Tony Leon felt that the legal costs were excessive. (Beeld 22/2/1991).

The Board has called for a commission of inquiry to investigate the financial irregularities surrounding the CCB. such a body should be given the widest possible terms of reference as well as powers of subpoena, search and seizure.

It should be headed by a judge, the auditor-general should be one of the officials of the commission and evidence should be led by an independent senior counsel with the necessary financial experience.

2. Lt. General Lothar Neethling's legal fees:

Further problems with state funding has arisen in the

Neethling case. Neethling lost a defamation case against the

Vrye Weekblad and The Weekly Mail, arising from allegations of his involvement in police hit squad activities, with an award of costs against him. Former police commissioner,

General Mike Geldenhuys, had said that if Neethling had lost the case he would be personally responsible for his legal fees. Democratic Party MP Dave Dalling tabled a question in parliament for Minister of Law and Order, Adrian Vlok, as to I' I ,

-10-

who would be bearing the legal costs in this case. Acting

speaker, Helgaard van Rensburg ruled that the matter was sub

jUdice and as such could not be answered (The star 8/2/1991).

Mr Johan Scheepers, deputy minister of Law and Order said

costs would only be taxed after the appeal in this matter was

heard. He said further that the police department had a moral

duty to support employees in these types of situations, and

this included financial support. (Beeld 13/2/1991). While the

Board accepts the comments of the minister, the question

still remains why Neethling was allowed to choose his own

attorney and advocate instead of a legal team being appointed

by the state.

3. John Pearce:

John Pearce, the public safety director of the Johannesburg

City Council, was found to have been grossly negligent in the

execution of his duties by the Hiemstra Commission. On

January 30, 1991, Pearce was found guilty on all counts of

misconduct by the disciplinary committee of the Johannesburg

City Council (The star 31/1/1990). He was dismissed with full

pension on a months notice. However, Pearce has indicated

that he will appeal against the decision. (The star

12/2/1991). -11-

The Board is most disturbed by the fact that a man who has been found guilty of misconduct, affecting the lives of

Johannesburg's rate payers, by both a judicial commission and an internal investigation is dismissed with full pension.

Especially in light of the fact that such pension will be paid from municipal rates and taxes.

4. South African Police:

The South African Police (SAP) have launched an extensive campaign to promote a new non-partisan image. Police commissioner General Johan van der Merwe has admitted that in order for the South African Police to effectively combat crime, they need broad public support. (The Star 10/2/1991).

On February 12, Minister of Law and Order Adrian Vlok tabled draft legislation to bar policemen from being members of political parties and movements. (Business Day 13/2/1991).

The Board welcomes such legislation, especially in the light of allegations of support among policemen of militant rightwing organisations. However, the Board has received information that trainee policemen are still being issued with training manuals printed in the early eighties. Such manuals are allegedly heavily influenced by the "total -12-

onslaught" doctrine and evidently still portray the formerly banned organisations as the enemy. In the present political climate the Board is of the opinion that it is a matter of urgency that such manuals be comprehensively revised.

IV. RIGHTWING:

Three members of the Order Boerevolk, an extreme rightwing organisation, Leonard Venendaal, Arthur Archer and Craig

Barker who are being held on charges of terrorism relating to five bomb blasts in the Johannesburg area last year, ended hunger strikes of 28,22 and 15 days respectively. (Business

Day 31/1/1991). However leader of the Order Boerevolk, Piet

Rudolph, currently being held on several charges of terrorism, resumed his hunger strike on February 10. Rudolph claims he will remain on hunger strike until he is recognised as a political prisoner. (The citizen 11/2/1991). Rudolph appealed in the Rand Supreme court on February 17 against a refusal of bail in the magistrates court. His appeal was refused as the judge felt that there was no reason · (

-13-

to overturn the magistrates finding that Rudolph presented a

threat to society (Business Day 18/2/1991).

Another prominent rightwing movement the Afrikaner Weerstands

Beweging (AWB) held a march and meeting in Pretoria on

February 6, 1991. Although, the leader of the AWB, Eugene

Terre/Blanche predicted a turnout of about 2 000 people only

500 people attended the gathering. Disturbingly however, many

of these people were openly carrying firearms (Beeld

7/2/1991). Later in the month Terre/Blanche said that

regardless of any agreements reached between the government

and the ANC regarding the ANC/s armed wing Umkhonto we Sizwe,

the commando unit of the AWB, the "Wen Kommando", would not

be disbanded (Business Day 19/2/1991). Terre/Blanche also

called for rightwing unity and a concerted effort to "get rid

of" President FW de Klerk.

Actions of AWB members once again are the focus of a court

case where Therese Boltar and her son Stephen are claiming

over RIO 000 for injuries allegedly caused by policemen

following an AWB demonstration at Boksburg Lake in 1989. Mrs

Boltar has accused the South African police of failing to

stop an assault on her son by AWB members and wrongfully -14-

arresting her son and herself. Stephen Boltar claims he was assaulted by AWB members while the police looked on and later members of the SAP joined in the assault. Afterwards he and his mother were taken to Boksburg police station where they were held for two hours and then released without being charged (The Star 21/2/1991).

V. REEF VIOLENCE:

1. Sebokeng:

The Board in its last report covered the events leading to the massacre at the night vigil for ANC member Christoffel

Nangalembe on 12/1/1991. Twelve people were subsequently arrested for the attack which left 39 people dead. Two of the twelve had previously been arrested with Themba Khoza at the

Sebokeng hostel on September 4, 1990 and a third accused is believed to have been arrested for possession of arms at the

Kwa Madala hostel in December 1990. All three were out on bail at the time of the attack. The twelve appeared in the

Vanderbijlpark Magistrates Court on January 31, 1991, where . " . \ .

-15-

all charges against one of the accused were dropped.

Inkatha member and office bearer of the United Workers Union

of South Africa an Inkatha supporting union, Mrs Beullah

Kubheka asked the magistrate to release all the accused into

the care of the hostel dwellers at Kwa Mada1a in

Vanderbijlpark. However on February 6, Magistrate Gerald

Reynders declined to give the 11 accused bail and pointed to

the seriousness of the charges against the accused as well as

the fact that many of them had no fixed address and that nine

of the 11 were jobless. (The citizen 7/2/1991).

Further developments in Sebokeng relate to the ongoing

jUdicial inquest and the proceedings following the findings

of the Goldstone Commission of inquiry.

The inquest is being held into the deaths of 37 people who

were killed on September 4" 1990 at Sebokeng Hostel, some by

the SADF and others allegedly by Inkatha members, is

continuing. The inquest was set up largely as a result of

statements taken by the Board. 1 " \ .

-16-

The Board continues to provide full assistance to the legal

team representing the victims.

An unspecified number of policemen are facing charges of

murder following an investigation by the attorney general

into the findings of the Goldstone Commission. The commission

was appointed following the shooting by members of the SAP on

a march in Sebokeng on the March 26, 1990. In this incident

12 people were killed and 281 were injured. Judge Goldstone

found that the shooting could have been avoided and held the

police resonsible (Beeld 7/2/1991). The Board welcomes the

attorney generals decision as action of this nature could

prevent a recurrence of these types of events.

2. Train attacks:

A new form of vigilante violence aimed specifically at

individual political activists who organise the "train

sector", has emerged during the past few months. (New Nation

1/2/1991). Apart from these individual attacks, there have

been two attacks on train commuters. Despite the high level

meeting between Inkatha and the ANC on January 29, just three

days later on Friday February 1, alleged Inkatha members

attacked train commuters in Soweto who were on their way to a • t il . )

-17-

joint ANC/PAC rally at the Jabulani Amphitheatre. One

passenger was killed and 10 others were injured including a

teenage girl. On Wednesday, February 13, two people were

killed and 13 people injured when a group of men described as

"Zulus" went on the rampage in a Johannesburg bound Soweto

train. witnesses claim that the trouble began when an armed

group of "Zulus" boarded the train and began terrorising the

passengers. (The star 13/02/91).

3. East Rand:

The Board welcomes a recent announcement by the Minister of

Justice, Kobie Coetsee that two magistrates have been

designated to hold inquests into incidents in which people

were killed in last year's violence on the East Rand. The

magistrates have been told to look into the deaths arising

from events in Tembisa between August 19 and December 6 last

year and the deaths in Thokoza and Katlehong between August

13 and December 13 last year. (The Sowetan 8/2/1991). The

Board will be prepared to assist these investigations in

anyway it can. -18-

VI. NATAL:

Historical peace talks between Inkatha and the ANC took place on January 29, 1991. Members of the delegation included ANC deputy president Nelson Mandela and the President of the

Inkatha Freedom Party (IFP). An agreement was reached that all attacks would cease on the respective organisations with immediate effect. Mandela and Buthelezi also agreed to conduct joint tours of the areas, both in Natal and the

Transvaal, hardest hit by the violence. (The star 30/1/1991).

However on February 1, eight people were killed in a clash between the ANC and Inkatha in the Umgababa area in Southern

Natal. Both the ANC and Inkatha condemned the incident.

(Business Day 2/1/1991).

Durban journalist Lechesa Tsenoli launched a Supreme Court action aimed at the state President against the validity of regulations allowing zulu people to carry traditional weapons. Tsenoli claimed that not only were the regulations discriminatory against other cultural or ethnic groups, but also if all groups were prevented from carrying weapons this could have an effect on the violence in Natal as a whole.

(Weekly Mail 8/2/1991). ' . J

-19-

President FW de Klerk announced his intention to oppose the

action on February 19, 1991. (Sowetan 20/2/1991).

The most serious threat to the fragile peace occurred on

February 10, when 17 bus passengers were killed in an ambush

near Taylor's Halt in Natal. The bus was attacked by a number

of gunmen standing on both sides of the road. KwaZulu

legislative assembly delegate, David Ntombela accused the ANC

of staging the ambush. (The star 11/2/1991). The ANC national

executive committee (NEC) called for a joint commission of

inquiry into the ambush and invited Inkatha, the PAC and all

anti-apartheid forces in Natal to participate in the

commission. (The citizen 12/2/1991). On February 18,

following another high level meeting between Inkatha and the

ANC a renewed call for peace was issued. (The citizen

19/2/1991). Furthermore a Joint Peace Implementation

Committee was established. (The star 20/2/1991). The Board

welcomes the initiatives displayed by both parties in Natal

and especially supports the call for a joint inquiry into the

bus ambush. Responses of this nature are far more likely to

have a long term affect on the violence than mere accusations

and blanket denials of responsibility. , • II

-20-

VII. DEPORTATIONS:

The Board took statements from three South African citizens

who were arbitrarily deported via the Komatipoort border post

to Mozambique. The Black Sash has dealt with similar cases

over the years and believes that the border posts have been

used as informal recruiting centres for Renamo. There is also

the possibility that the border post officials are involved

in selling South African passports to Mozambican refugees.

Board member, Sheena Duncan of the Black Sash has offered to

assist in this matter and the statements will be handed over

to her.

VIII. CONCLUSION:

The Board wishes to emphasise its extreme concern with the

attitude displayed by those who dispatched the parcel bomb

which ultimately killed Bheki Mlangeni. The sophistication of

the device points to the involvement of those in the security

forces. That such people could dispatch a bomb to kill a

crucial witness in the Harms Commission whilst the Commission

was sitting shows the most fundamental contempt for rule of

law and the institutions of justice. ). . '

-4-

Bheki was killed on February 15, 1991 at his Soweto horne by a highly so,phisticated explosive device which arrived in a parcel from Lusaka. The parcel contained a walkrnan ~y~~ tape recorder with earphones and a tape marked "Hit squad information". Bheki took the equipment horne and went into his room to play the tape. He put the earphones on and pushed the play button, detonating the explosive charge concealed in the earphones and killing him instantly.

Subsequent examination of the wrapper of the parcel established that it was posted from Joubert Park post office in Johannesb urg on May 10, 1990. The parcel was addressed to a Mr D Coetzee in Lusaka and the sender was "Bheki" from

Cheadle, Thompson and Haydon, Geldenhuys Building, Denhill.

INDEPENDENT BOARD OF INQUIRY (IBI) Records 1989-1996

LEGAL NOTICES:

Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner.

Disclaimer and Terms of Use: Provided that you maintain all copyright and other notices contained therein, you may download material (one machine readable copy and one print copy per page) for your personal and/or educational non-commercial use only.

People using these records relating to the archives of Historical Papers, The Library, University of the Witwatersrand, Johannesburg, are reminded that such records sometimes contain material which is uncorroborated, inaccurate, distorted or untrue. While these digital records are true facsimiles of the collection records and the information contained herein is obtained from sources believed to be accurate and reliable, Historical Papers, University of the Witwatersrand has not independently verified their content. Consequently, the University is not responsible for any errors or omissions and excludes any and all liability for any errors in or omissions from the information on the website or any related information on third party websites accessible from this website.

This document is part of a private collection deposited with Historical Papers at The University of the Witwatersrand.