Report for Sept-October 199.J mt
Magistrate W. Botha authorised a warr .. nt for their arrest and the trial was postponed. Kali, Mokoena Makhuma, L. Kembo, N. Ngwenya and P. Mkhwanazi face charges of abduction and assault with intent to commit grievous bodil y harm. The case was postponed. ..
11. REEF VIOLENCE
The October nation-wide week-long .. mnesty for illegal arms announced by Safety and Security Minister Sydney Mufamadi met with particular success in some East Rand townships. Thokoza led the way and hnnded in 23 AK47s, 3 pump·guns, lF3, 2 Uzis, two pistols and a handgrenade. Police said that more than 970 firearms and 8752 rounds of ammunition of various calibre's were handed in countrywide. Of the 970 firearms handed in - 42 were AK 47's.
The amnesty call was linked to a security boost, however in many areas additional security forces did not materialise. Sdf-ddt::nce unit as well as Self-protection unit members have been reluctant in some areas to hand in their weapons due to the lack of security. In Thokoza for example five satellite police stations were promised and yet only three have materialised. The Thokoza Police Station at anyone time has only fi ve working vehicles despite the fact that they have 30 on their books most are at mechanical school being repaired. Repairs can t .. ke anything from three to six months. Thokoza police • station has approximately 240 policemen and women of which 177 are former municipal policemen who were integrated into the SAPS in February this year and have received no formal training. It is alleged that many cannot read or write. Many of the recently trained SDU and SPU reservists are performing the functions of fully fledged police personnel and have complained about the low morale in the police station.
26 IBI Report for Sept-October '94
11.1 East Rand
Katiehong, Thokoza and Vosloorus, with their surrounding informal settlements, can expect public expenditure to the tune of R3 billion over the next five years. Professor Ben Turck, head of the PWV province's Reconstruction and Development Programme(RDP) Commission said the figure was provisional but had been drawn from the draft business plan for the Katorus Special Presidential Project.
He said the figure gave a sense of the scale of the planned operation to restore security, rehabilitate the physical environment MEC for HOllsing Dan Mofokeng said 1 023 houses d 11.1. 1 Karlehong The brutal slaying of Thokoza SDU member Thabiso Duba by SDU members from Radebe section Katlehong once again highlights the mistrust communities have of policing. Duba was allegedly accused of killing a Katlehong SDU member and was killed in a retaliatory attack. Duba was accused of stabbing to death a Radebe section SDU member in a shebeen f; and hence he was beheaded in revenge. Five SDU members from Radebe section were arrested, three of whom were later released. However, residents of Radebe section marched to the Katlehong Police station and demanded their releases as they said Duba was a common criminal and the whole community assumed responsibility for the killing. Revenge killings are still parI and parcel of every day life in the East Rand townships and until such time as communities begin trust the police force to protect and serve their interests they will continue. IBI believes recent moves to set up Community Police Forums 27 Reporllor Sept·October 199J ffil (CPF) in the area will bring about a better working relationship between the police and the communities they serve. However, the arrest in early October of three SDU members from Twala section, Katlehong has threatened the fragile CPF set lip in Katlehong. Colleagues of the three threatened to withdraw for th~ forum should they not be released. PWV provincial member of parliament Robert McBride said that the arrests should never have taken place because there was a "gentleman's agreement" between Ministry of Safety and Security officials and the SDU members that sllch arrests would be put on hold until a mechanism for disarming SOUs was put in place.~cBride said it had been agreed that because SOU members were involved in crime·fighting operations and no amnesty had yet been agreed to, their weapons would not be taken and they would not be prosecuted. Katlehong Station Commander Lt·Colonel George Nor~e denies ever receiving such an order and insists that it remains his responsibility and that of his men to carry out the law. But he does not rule out the existence of such a deal, pointing out that there is a desperate lack of communication between him nnd the upper echelons of the force. 11.1 .1. (a) Michael Math. All charges against Michael Mathe (17) were withdrawn in the Germiston Regional Court on October 12. Mathe was arrested along with Happy Xaba on January 9, the day ANC leaders Cyril Ramaphosa and Joe Siovo came under attack from the Mazibuko hostel • while touring the East Rand township of Katlehong. Freelance photographer Abdul Shariff was shot and killed when resi dents of the Mazibuko hostel opened fire on the touring party. Mathe who was 16 at the time was arrested later that day with Happy Xaba. Xaba was admitted to the Natalspruit hospital and Mathe was taken to the Internal Stability Unit (ISU) base. At this base he was allegedly assaulted several times by va rious ISU members. At one stage he was chained to the Nyala (armoured vehicle) and kicked and punched by policemen passing by. Later that evening he was taken to his home at Ramakonopi West 28 fBI Report lor Sept*Or:tober ~9.J and according to his mother Carina Mathe she could not recognise Mathe at first because his face was swollen from the beatings. Mathe was later taken to Nyoni Park the headquarters of the political and violent crime unit. This "park" was in the news la.st year when an urgent interdict was granted preventing further assault and torture of a 143 people held for 30 days under the unrest regulations. At Nyoni, Mathe claims that a policeman sat on his back and then pulled a rubber tube over his nose and mouth which prevented him from breathing. This was done several times. A dog by the nnme of "Stoffel" was set on him and he was forced to sign several statements. Mathe also alleges that at one stage a long rope was wrapped around his body and the he was picked up and thrown against the wall. • On January 12 he appeared in the Alberton Court and the magistrate made a note of his injuries. Despite his age he was denied bail and transferred to B6ksburg Prison -however at his next court appearance the magistrate realised that he was only 16 and he was transferred to Alberton Police Cells. Two formal bail applications were launched but bail was denied. Mathe remained incarcerated for five months. His medical and mental condition deteriorated and on the advice of a medical doctor, IBI called in a clinical psychologist. She reported that Mathe was suffering from Post Traumatic Stress that he was suicidal. She wrote a letter to the station commander recommending that Mathe be hospitalised. The station commander said that it was up to the district surgeon to decide whether Mathe should be admitted to • hospital. Amnesty International began a campaign to highlight Mathe's plight and he was visited at the Alberton Police Station by representatives of Amnesty International. After considerable international pressure Mathe was finally transferred to Nataispruit Hospital on May 9 exactly five months after being arrested Mathe was granted bail of R1OOO. 29 Report for Sept-October 199./ ml Mathe still has nightmares from his ordeal. While he was incarcerated his elder brother Morgan was shot in the face and as a resul t lost an eye. Several of his closest friends were killed in a gruesome attack on youths from Ramakonopi West in Thokoza Unit Fan Friday 13 (For more details on this incident see lSI May-August report). 11 .1.1. (bl Soow Metals Attack Mthembiseni Mtshali was acquitted in the Rand Supreme Court on September 8 on 10 counts of murder and 13 counts of attempted murder relating to the Scaw Metals Hostel massacre in Germiston last year. Judge G Gordon, sitting with two assessors, found that the State had failed to prove I beyond a reasonable doubt that Mtshali was one of at least three gunmen who opened fire on a crowd of funeral society members outside the hostel on August 22 last year. Mtshali a member of the Jnkatha Freedom Party, pleaded not guilty to all charges against him. He said he had been asleep in his room on the morning of the incident after returning from night duty. He was woken by gunfire. Concerned for his safety, he was making his way to the security office at the hostel entrance when he was shot in the legs. After haVing his wounds treated inside the hostel he was taken to hospital where, three days later, he was arrested. Three funeral society members present when the attack occurred testified that they knew Mtshali and identified him as one of the attackers. Al l testified in ca mera. One of his roommates told the court that Mtshali had not gone to bed after coming off nigh duty but had bathed, changed and left the room. 30 ml Report for Sept-October '94 Seven AK47s were later found by police in a hostel room close to where Mtshali had his wounds attended to before he was taken to hospital. Three of the weapons were proved to have been used in the attack. The judge rejected Mtshali's evidence that he had been asleep. However, although three witnesses were mature people whose evidence would, under normal circumstances, have been accepted by the court, their testimony had to be examined in the light of the hostility that prevailed between various groups induding the ANC and Inkatha. Although none of the witnesses had given an explanation for the attack, police believed it was a repri5 One witness said he had seen Mtshali fire at the crowd, while another said a balaclava clad man had fi red from the same spot. The judge said both could not be right. The judge found it unlikely that Mtshali would have gone back into the hostel afterwards to a room close to where the weapons were found. 11 .1.2 Voslooru. Police arrested Ed mond "Djejeka" Khumalo after a high-speed chase in Hillbrow on Monday October 10 (For details on "Djejeka" see 161 May-August report). • According to the police Djejeka was wanted for the following crimes: • The killing of a Vosloorus policeman; • Escaping from jail at least four times; • Numerous rapes; • megal possession of fi rearms; 31 Report for Sept-October J99.J ml • Armed robberies; • Attacks on the offices of the South African National Civic Organisation in Vosloorus; • Hijacking cars; and • Attacks on the homes of Vosloorus Self-defence unit members. • Djejek 11 .1 .31hokoza Despite intervention by the regionnl South Africnn National Civic Organisation (SA CO) in the dispute within the Thokoza SANCO branch tensions remain high. The executive has been suspended and a commission of inquiry h Thokoza received its first batch of trained SOU/SPU police reservists in late September. On the whole the reservists have been accepted by the community and in many instances have come to the fore in solving problems in the township. It has been stressed by the political leadership of Thokoza and the SDU and SPU that once their members become Police Reservists they are no longer responsible to their structure but to the station commander. Residents have stressed that it is important that the reservists be non- 32 lBl Report lor Sept-October ~9J partisan. The first group of 20 completed a four week training course at Maleoskop, C roblersdal in the Eastern Tra nsvaaL The course included weapons training and studies of the Criminal Procedures Act. There have however, been a few teething problems with reservists complaining about the low morale at the police station and the lack of motivation on the part of the police to attend to residents call s. Reservists have complained that very often they are forced to enter the house of a suspect the police plan to arrest while the full-time policemen wait in the vehicle. These issues are however, currently being addressed . 11 .1 .3 10) Thapelo Mofokeng IBI's May-August monthly report raised concern about the safety of former policeman Richard Thapelo Mofokeng who alleged that he had been tortured by members of the Brixton Murder and Robbery Unit and that he fe ared for his life after his co~a ccused Mzoli Mlama died in mysterious circumstances. According to the police Mofokeng escaped from custody at the Germiston Court ~howeve r his family believe that the police are involved in his escape and fea r for his life. 11.1 3 1b) Abe Vilakazi Abe Vilakazi the deputy chairperson of the Mandela section civic w as killed in Thokoza on October 1 when residents from Mandela section and hostel d wellers dashed . Vil akazi • was shot dead after trying to resolve a d ispute. The d ispute arose after hostel residents claimed that people of Mandela section had kidnapped two women from the hostel. It later emerged that the two w omen had been drinking at a nearby house and had then left by taxi. Vilakazi was shot while leaving the scene. It is not dear whether Vilakazi was shot by hostel dwellers or the SANDF who arrived on the scene later claiming that hostel dwellers had opened fire on them. 33 Report for Sept-October 199.1 lBl 11 .3.1 (el Phi lemon Sekanyanc Five men were sentenced in the Rand Supreme Court on October 31994 for their part in the shooting of Philemon Sekanyane of Phola Park. Sekanyane was shot on Saturday January 231993 during the funeral of Sabeth Khumalo (for details on Khumalo's death and the Khumalo gang see IB 5 December-january 1993 report). One of IBI's fieldworkers who was monitoring the funeral along with Peace Action, the United Nations, and the European Community took note of red Colt Gallant acting suspiciously in the area. An occuPOUlt of this vehicle fired the fatal shot at Sekanyane. The Board's fieldworker managed to give the registration number of the vehicle to the SADF • and they radioed ahead and the vehicle was stopped and six occupants were arrested. The car was searched and a number of firearms were found. The accused all denied having been in the car at the time it was stopped. H owever, the SADF produced a video which clenrly showed the accused being told to get out of the ca r and lie face down on the ground. It later emerged that one of the firearms in the car was licensed to one of the accused, Mbatha and it was this gun that fired the fatal shot. Mbatha was sentenced to 23 years imprisonment his co-accused Bheki Xaba was sentenced to 7 years and the remaining accused were given two years each for illegal possession of fi rearms. ~ 11.4 The Vaal The investigation into allegati ons of serious police misconduct in the Vaal Triangle by the Complaints Investigation Unit (ClU) of the SAP, under the supervision of the Police Reporting Officer (PRO) for the Witwatersrand is now into its fourth month and after some serious "teething" problems is beginning at last to produce some results. IBI continues to work closely with the team, but for fiscal reasons will be reduci ng its participation to one individual from the beginning of December. By the beginning of November only one completed case had been handed to the Attorney General's offi ce, 34 lSI Report for Sepl-D.::tober i9J although approximately a dozen other cases were close to completion. The investigation team management has set deadlines for the completion of other dockets by the middle of December. Realisticall y, it is unlikely that the investigation will be completed before the beginning of 1995, as detectives find that there is still an enormous amount of work to be done, and from mid December unt il the new year the investigation will be temporarily on hold. September and October have been contrasting months for the investigation. Bogged down under the sheer number of dockets, investi gating officers were struggling to make progress on their cases during most of September. The negative results of this heavy workload were compounded by the poor SA P m The international policemen working alongsi de the te In the early hours of September ]6, Mzwakhe Msimanga (aka Don Molebatsi) was shot dead in his bedroom in Sharpeville by a member of the Vanderbijlpark Murder & Robbery (VMR) Unit. The significance of this event should not be underestimated. Msimanga had been one of the original complai nants w ho had made allegations of torture to members of the Dutch Vi olence Observa tion Mission in April. Msimanga was also the man who in early May 1994 handed Ihe PRO a li st of fifty prisoners from the awaiting trial section of Vereeniging Prison who also alleged that they had been physically abused by the SAP. This group of men formed the basis of IBI's earlier enquiries and led ultimately to the establishment of the investigation that is currently underway. 35 Report for Sept·October 1991 ml The detective who shot Msimllnga was the So.'1me man nlleged to have tortured him and his co·accused in December 1993. Msimanga was shot over half a dozen times in his bedroom in Sharpeville. The detective is claiming he acted in self defence. The cru has investigated the case and the docket is currently with the Attorney General's office awaiting their decision. The killing of one at the complainants appeared to imbue the investigation team and its management with a sense of urgency. An interim report on the progress of the investigation and concer ns about the Msimanga killing and the behaviour of certain senior police officers was compiled by the cru management team (which includes a representative from 1m) towards the end of September. The report called for an inquiry into the management of policing in the Vaal Triangle and the removal of senior members of the present SAP management in the Vaal and their replncement by more suitable officers. On the basis of accumulated allegations under investigation by the cru, recomnlendations for the suspension of four officers from the VMR Unit (including the man who shot Msimanga) and the transfer of seven others from the same unit were given to the regional and national Ministries of Safety 'lOd Security as well as the regional and national. Commissioners of Police. The Commissioner, General Van der Men,ve, responded to these serious allegations by transferring the four recommended for suspension to John Vorster Square, despite support for their suspension by Ms Jessie Duarte, the MEC for Sofety & Security in the PWV. The management team also pointed out that there were two prosecutions pending against other members of VMR. These included charges of murder, attempted murder and kidnapping. All of the policemen charged remain on duty and still carry their firearms. The SAP have to date failed to give an official explanation, claiming it would be "unreasonable" to give reasons for the decision to keep these men on duty. IBI find this situation untenable and are extremely concerned about the message that this inaction is sending to the communities of the Vaal Triangle. The investigation team has a current workload of 121 cases, of which at least 64 are against the VMR Unit. All but a hondful of these cases allege torture by electric shocks. 36 ml Report for Sepl-Dctober '9J Despite continuing problems with the manner in which this investigation is being conducted, and the apparent reticence of senior SAP commanders to acknowledge that the bulk of complaints are substantially true, lSI believe the continuation and completion of this investigation remains imperative. Although a fraction of the total number of complaints, there should be some prosecutions emanating from the investigation, The information collated during the investigation will also prepare the ground for the envisaged Commission of Inquiry which will be able to examine the problem of policing misconduct and the failure / unwillingness of local police management to address the problem. It is important that individuals are brought to book for gross human rights violations, but equally if not more important to address the system that has enable these abuses to continue unchecked. • 12. TAXI VIOlENCE Violence in the taxi industry continues un The recent announcement made by the Minister of Transport, Mac Maharaj and p rovincial ministers that a working group to look into the taxi violence had been established was welcomed by all interested taxi organisations and commuters who want violence eradicated. The Minister made this announcement in Alexandra w hen launching a pedestrian and taxi project. He said corruption, which resulted in the "over suppiy" of taxi permits, would also be examined. The safety project will cover townships in the PWV before being implemented nationally. Ten people were killed in a horror attack at K.hayelitsha Stadium, Cape Town in October . .It is believed that the shooting was the result of rivalry between t\vo competing taxi 37 Report for Sept-October 199; IB I associations. An investigation into the shooting is receiving priority, a number of people had been questioned and several firearms seized for ballistics testing. In the East Rand township of Katlehong, a peace agreement was signed by taxi associations at the Germiston Civic Centre. It is believed that the agreement could end years of taxi violence which has claimed dozens of lives since 1988. The ceremony was attended by taxi operators, trnffic officers, policemen, and Germiston Mayor Sarel Naude. The taxi operators agreed to share r 12. 1 Northern Transvaal • In its effort to stem taxi violence in the area, the Northern Transvaal provincial government has ordered police in the area to conduct a "systematic manhunt" to disarm and apprehend all taxi drivers Olnd owners in possession of unlicensed firearms. The government said it was disgusted at the grmving rate of tnxi related ki llings in the province. The statement came in the "vake of the death of seven people, mown down by unknown gunmen. A special taxi violence unit in the provincial police service w as set up a few months ago to investigate the taxi violence in the province is progressing well. Regular roadblocks have been manned and several taxi d ri vers have been apprehended for using unauthorised routes, a practice which the government believes fuels violence . • 12.2 Wes!onana attock The "tragedy" of the murder of a taxi driver by nvo Westonaria men on election day "was senseless and thoughtless", deed caused by various factors, the Rand Supreme Court has found. Judge 5 J Mynhardt sentenced Cornelius Pyper, 26, and his friend James Wheeler, 27, to an effective 15 years imprisonment each fo r the murder of Myevuyoni Kenneth Papiyana and the attempted murder of his brother, Mr Godfrey Madoda Papiyana. 38 mI Report for Sept-October 19/ Pyper and Wheeler, who pleaded guilty to the crimes and admitted that after drinking heavil y on April 27, they had set Ollt to shoot blacks. They had driven on the R28 highway to Randfontei n at about 8 p.m. and shot Papiyana through the head, who was driving a minibus belonging to his father. Each were sentenced to 15 years for murder and a further five years for the attempted murder both sentences were to run concurrently. In addition, Wheeler, who was charged with the illegal possession of a firearm and ammunition, was given an additional one year sentence to run concurrently with the other sentences. 13. CISKEI A decision has still not been taken on whether or not to proceed with charges against the 69 soldiers allegedly responsible for killing 28 ANC supporters during the Bisho massacre in September 1992. The Attorney·Cener 14. CONCLUSION The Independent Board of Inquiry believes without a complete overhaul of the management structure of the police, torture nnd assaults of detainees will continue. Senior 39 Report for Sept-October /99-1 lBl officers in units have to be held account"ble for the actions of their juniors. It is not good enough for senior officers to say they had no knowledge of the torture/ assaults. The Independent Complaints Mechanism envisaged under the Police Act may go some way in alleviating the problem. At least then any reports of misconduct on the part of the police will be investigated by a body which has some civilian control. For example there is provision for a legally qualified civilian to take on the post of executive director. . - 40 Collection Number: AG2543 INDEPENDENT BOARD OF INQUIRY (IBI) Records 1989-1996 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012 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. 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