r,' ,- (1 0 ~ ~ ~. ~ Independent Boord of Inquiry 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 APRIL 1991
I. INTRODUCTION:
Peace initiatives along with joint monitoring structures are
collapsing due to the escalating political violence in the
townships. Already, the West Rand region of the Inkatha
Freedom Party, at a public rally outside the George Goch
Hostel in Johannesburg has resolved to break off all regional
contact with the ANC . The emergency meeting between deputy
president of the African National Congress (ANC) and Inkatha
Freedom Party President Mangosuthu Buthel ezi in Durban late
last month has failed to stop the carnage. A five point plan
put foreword to monitor among other things the dates, venues,
subject matter, speakers and audiences o f all peace meetings
as well as the work of local peace units has failed to come
to fruition. The ANC's open letter to the State President
demanding the resignations of the Ministers of Law and Order
and Defence as well as an ultimatum that the government
should actively seek ways to end the conflict, has led to the
Government calling for a multi-party conference on ways to
end township violence. The conference scheduled for May 24/25
1991 has been criticised by the ANC as a"propaganda ploy"
BOARD IIE'/16E:(S Prol L Ackermonn Dr Allan Boesok Dr Alex Barone. PI Re'l Dr Monos Bulhe!ezl. tvlrs Judy Chalmers. Dr Fronk Chikone. ::;r ',llJ>. Colcrn(;n. Mr Brion CUffin. Mrs Sheena Duncan. tvlr Peler HarriS. Mr Enc Malob!. Br Juoe Plelerse. ,L'.rO'OIst'lop Desmond Tulu -2-
and already there are signs that the ANC and PAC will not attend. The government also announced proposals for the creation of a four-member standing commission into violence and intimidation.
After months of vacillation, Law and Order Minister Adrian
Vlok has slapped a ban on the carrying of pangas, axes and bush knives in "conflict situations", but despite calls for a complete ban on traditional weapons he refused to extend the ban to include spears, sticks, knobkerries and shields.
General press coverage of the violence has been dismal. Most newspapers have relied on police reports and body counts.
There has been little analysis as to the causes.
Despite the civil Co-operation Bureau (CCB) being disbanded in July last year the ramifications of its operations are still being felt. The recent announcement by the Minister of
Defence Magnus Malan that 28 members of the CCB including ex-managing director Colonel Joe Verster were to be sacked could lead to more revelations about the organisation's activities. Perhaps more revealing was the appearance on national television by Joe Verster where he clearly stated that all actions by the CCB were authorised. t' ~ '
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II. STATE INSTITUTIONS:
1. civil Co-operation Bureau (CCB)
On March 30 1991 ex-CCB agent Donald Acheson was deported to
Ireland (The Star 2/4/91). This was seen by many human rights
organisations as closing the last door on a possible
solution to the murder of Anton Lubowski.
Later in the month Minister of Defence Gen eral Magnus Malan
announced that 28 members of the CCB including ex-managing
director Colonel Joe Verster were to be sacked by the SADF.
These members had refused the offer of a retirement package
or of a transfer to other branches of the SADF. Actions were
to be taken against Verster for the recovery of files and
records which had gone missing at the time of the Harms
Commission. Furthermore Malan said that members of the CCB
will be assisted 'in applying for indemnity (Citiz en 11/4/91).
Malan also said that he would resign if he proved to be an
obstacle in the way of the State President, the National
Party or the SADF. -4-
The Board in a press release said the dismissal of the 28 was welcome because no government should be held hostage by its own employees especially when such employees are possibly involved in a host of illegal activities. However Malan should not delude himself into thinking that by taking this action he absolves himself of any responsibility for the entire CCB scandal. As Minister he bears both legal and political responsibility for all the actions of his department.
Joe Verster has indicated that he intends to pursue this matter through the courts (Beeld 15/4/91). He has said in a television interview that all actions taken by the CCB were fully authorised.
2. South African Police (SAP)
2.1. Lieutenant-General Lothar Neethling
On April 2 1991 Neethling applied for leave to appeal against the earlier decision of Judge Kriegler in his defamation case with the Weekly Mail and the Vrye Weekblad. Neethling/s counsel, advocate Fannie Cilliers (SC), argued that Neethling -5-
had not supplied poison to Coetzee; and that the court should take notice of Coetzee's motive to falsely implicate
Neethling; and Coetzee's ability to fabricate false evidence and his generally untruthful pattern of conduct (Citizen
3/4/91) . Cilliers argued further that Neethling had not deliberately set out to mislead the court and the Harms
Commission, as Judge Kriegler had found earlier but merely attempted to give a possible explanation as to how Coetzee had knowledge of the General's house. Coetzee had no motive to tell the truth but only desired to protect himself and to give effect to his grudge against the police force (Business
Day 4/4/91).
In reply counsel for the newspapers advocate Bobby Levine
(SC) argued that there was no evidence that Coetzee had any motive to falsely implicate Neethling. Furthermore if
Neethling was to be believed Coetzee had not even known him
(Business Day 5/4/91) .
On April 8 1991 Judge Kriegler refused leave to appeal as regards the R1 million claim against Vrye Weekblad. He said there was no reasonable prospect of another court coming to another legal and factual finding. Leave to appeal was -6-
granted with regard to the R500 000 claim against the Weekly
Mail. Leave was given as Kriegler had created a legal . precedent, that public interest was sufficient to defeat a claim of defamation, and that this should be tested by a higher court. In addition Kriegler found that Neethling had attempted to mislead both the court and the Harms Commission; claims that Coetzee had a grudge against Neethling were unfounded; and Coetzee's evidence remained remarkably consistent throughout. Neethling was ordered to pay 90 percent of the appeal (The star 9/4/91) •
Max du Preez, editor of the Vrye Weekblad, called for
Neethling's immediate suspension as he had probably been involved in multiple murders. Du Preez also called for an investigation into the police forensic laboratory (Citizen
9/4/91) •
The Neethling issue poses a dilemma for the government as they must either pay Neethling's legal costs and in so doing condone his behaviour, or abandon him completely. The state attorney said the government would pay Neethling's costs unless he was found to be linked to irregularities. Minister of Law and Order Adriaan Vlok had also pledged to suspend -7-
Neethling if found guilty of illegal activities. Gross irregularities are now linked to Neethling and it is still not clear who is to pay his costs (Sunday Star 14/4/91).
Du Preez said if the chief justice gave Neethling leave to appeal on petition he would demand security of R1 million. If necessary he was prepared to have Neethling sequestrated
(Sunday Star 21/4/91).
2.2 Japie Maponya
A Pretoria magistrate ruled on April 8 1991 that an inquest be held into the alleged death of Japie Maponya (Sowetan
9/4/91). Prior to the ruling members of the SAP had opposed an inquest on the grounds that Maponya's body had never been found and therefore there was no proof that he was in fact dead. Before the Harms Commission Almond Nofomela had alleged that Maponya was killed by the commander of Vlakplaas Major
Eugene de Kock. The inquest will proceed on June 24 1991. The
Board will be offering its full assistance to the legal team representing the Maponya family r
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at the inquest.
III. RIGHTWING:
The rightwing movement which was most active in the month of
April was the Afrikaner Weerstands Beweging (AWB). AWB member
Eugene Marais was given seven death penalties for the murder
of seven people in an attack on a bus on October 9 1990 in
Durban. Justice Hugo said attacks like this only served to
heighten racial tension (The star 5/4/91). AWB leader Eugene
Terre'Blanche was alleged to have assaulted a black farmer at
Ventersdorp in March 1991 (Citizen 5/4/91). Terre'Blanche has
however denied the assault. Terre ' Blanche , Orde Boerevolk
leader Piet Rudolph, and 12 other AWB members were arrested
in Pretoria just before an ANC march. The men were charged
with obstructing the police in the exercise of their duty. In
Krugersdorp an ANC march had to be cancelled to avoid a
conflict with a group of heavily armed AWB members (Sunday
star 7/4/91). Later in the month Terre'Blanche gave the
government a 30-day ultimatum to remove squatters from the
farm of Goedgevonden near Ventersdorp. He said if the
government did not act the squatters would be forcibly
removed (The Star 19/4/91). -9-
Murderer Barend Strydom, member of the wit Wolwe,had his death penalty commuted to life imprisonment by the state
President. Numerous rightwing groups have said that no effort will be spared in t he a ttempt to gain full indemnity for
Strydom (Beeld 18/4/91).
IV ATTACKS ON INDIVIDUALS:
1. Moses Khumalo
Diepmeadow mayor Moses Julius Khumalo was found dead in h i s car after he was ambushed in Meadowlands, Soweto. Khumalo
(63) was assassinated in a street in Zone 8 on Friday April
19 1991. This was the third time Khumalo h ad been attacked.
In 1989 nine bullets were pumped into his official car and in
1984 an attempt was made on his li: e when his horne was petrol bombed. Earlier this year Khumalo was one of three Greater
Soweto mayors who spoke out against the c i vic Associations of the Southern Transvaal's (Cast) calIon them to quit (City
Press 21/04/91). I .
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2. Kgabisi Mosunkutu
On Monday April 15, 1991 civic Associations of the Southern
Transvaal (Cast) vice-president and Post and telecommunications Workers Association (Potwa) president
Kgabisi Mosunkutu's home was raided by members of the South
African Police (SAP). During the raid the police allegedly held at gunpoint Mosunkutu's 14-year-old son. Mosunkutu
claims that his son Mbulelo and and their domestic helper were alone at home when about 18 armed men, who did not
identify themselves, entered the home and began ransacking
it. Mbulelo was asked whether his parents were members of the
ANC, and a gun was pointed at a photograph of ANC deputy
leader Nelson Mandela. Police confirmed the raid and said
that they had searched the premises because they suspected
that weapons were being hidden in the Pimville house. The
spokesperson also said the police did identify themselves
(The Star 17/4/91). ,.. l ~.
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3. Ouoa Motingoa, Eric Ngwane and Gabriel Lelake
The homes of three executive members of the African National
Congress Youth League in Munsieville, Krugersdorp, Oupa
Motingoa, Eric Ngwane and Gabriel Lelake were damaged in
separate pre-dawn hand grenade attacks on Tuesday April 11,
1991. The first attack took place at 03h15 at the Montingoa
home when a hand grenade slightly damaged the house. The
second took place 15 minutes later at Lelake's home. Lelake
sustained injuries to his back and leg. The third attack took
place at 03h35 at the Ngwane home. A police spokesperson for
the West Rand confirmed the attacks and said the police were
investigating but could not confirm whether the attacks were
politically motivated (Sowetan 12/01/91). II' ., ."
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V. TOWNSHIP VIOLENCE:
1. Daveyton
On Sunday March 24, 1991 at least 200 were involved in a
clash with members of the South African Police in Davey ton.
In the ensuing clash 12 alleged ANC supporters and one
policeman were killed. The 200 "Amabutho" had gathered in
the open veld in the Xhosa section of Daveyton after rumours
that Inkatha was to attack the section following an Inkatha
rally in the township.
The men gathered in a stretch of open veld between sihoko and
Sigalo streets at 09hOO. The group had agreed to meet with
the aim of protecting residents should Inkatha attack after
the rally. The men claim that despite assurances by Inkatha
that they would use mechanical transport to and from the
stadium and that they would not carry weapons they still
feared attack. They based their belief on previous Inkatha
behaviour as well as on reports that Inkatha had begun
harassing people on their way to the stadium. -13-
The Board has taken several statements from the men who had gathered in the veld as well as from the 31 arrested after the shooting. From this it has emerged that at about 13hOO a police casspir arrived. It was allegedly driving along sihoko street which borders one side of the open veld. It then parked about 10 metres away from the crowd. According to eyewitnesses, the Arnabutho were discussing possible defence tactics should there be an attack when a member of the SAP called one man from the crowd to corne and talk to them. The police and the representative from the crowd spoke for about five minutes and the man returned to the Arnabutho who were now seated. The casspir then drove past the Roman Catholic
Church situated at the end of the open veld. The man who had spoken to the police then addressed the crowd and said that the police had told him that the gathering was illegal and that they were going to give them 10 minutes to disperse. witnesses allege that they then noticed another police vehicle which had stopped in sihoko street where the casspir had previously parked. There seems to be some confusion as to what happened next some witnesses say that before the 10 minutes were up they saw police alighting from the casspir and without warning open fire. others say that the police started shooting before their representative had -14-
' finished giving them a full report back from the police. What is clear is that the men were seated when the first shots were fired. witnesses claim they heard the white policemen shout "skiet-skiet" and the black policemen say "bulala zonke" (kill all). It is clear from the statements in the Board's possession that the police gave no warning before they opened fire and that they did not give the crowd the full 10 minutes to disperse. Independent eye witnesses from the houses near the veld have confirmed this sequence of events.
Despite no inquest being held, 31 people have been arrested for the alleged murder of a white policeman. However there have been no arrests regarding the death of 12 people in the crowd.
Currently the Board is assisting the legal team representing the residents of Davey ton which includes the 31 accused. A judicial inquiry into the incident is to be held shortly. The Transvaal Judge-President Mr Justice CF Eloff is to appoint a judge for the inquiry at the request of Minister of Justice Kobie Coetsee (Saturday Star 30/3/1991). i"\ ~ .. 1
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2. Alexandra
The tragic consequence of a warning being ignored by the SAP
led to the massacre of 15 mourners in Alexandra in late March
1991. A group of armed men attacked the night vigil of Mrs
Jane Ramokgola a victim of a previous Inkatha attack. Prior
to the attack members of ,Mrs Ramokgola's family had
approached the ANC office in Alexandra saying they had heard
rumours that the night vigil would be attacked. The ANC
administrator Dumisane Limbane informed the security police
based at Kew Police station of the possible attack. He was
told that the police would not be able to station a police
vehicle outside the house all night but they would patrol
area at intervals. Survivors allege that the police did pass
the house twice before the attack. Perhaps more damning is
the allegation that the police were called several times
during the attack and despite promises that they were on
their way it was at least 15 minutes before the first police
patrol arrived. Nine people have since been arrested for the
attack and are facing charges of murder. ~ r l
-16-
April has been marked by a low key war of attrition in the
township. The death toll continues to rise, everyday there
are reports of one or two bodies being found. According to
residents Inkatha has shifted its recruitment focus from the
hostel to the surrounding area. Squatter camps have become a
prime target and residents residing in the areas between
first and sixth avenues have reported being threatened by
armed card carrying members of Inkatha. They allege that they
were warned to join Inkatha or leave the area.
Refugees and the original hostel dwellers who have been
forced from their homes are still seeking refuge at the local
ANC and civic offices.
3. Soweto
Violence erupted in Soweto on the 15 and 16 April after a
bloody clash between township residents and hostel dwellers.
The pitched battle between Inkatha supporters at the
Nancefield Hostel and ANC supporters from the adjoining
Klipspruit left 10 people dead. During the ensuing battle
involving at least 2 500 people part of the Nancefield hostel
was set alight . Once again allegations were made against the -17-
police. Residents claim that the police sided with Inkatha.
However the police claim they only intervened to keep the two warring factions apart. Several passers-by were injured when the police physically broke up the crowd using live ammunition. Police claim that the fighting began when hostel dwellers were attacked by township residents. Revenge attacks were later carried out by the hostel dwellers on the Power
Park squatter camp. However several witnesses claim that a group of residents had gathered at the railway line near
Klipspruit to defend themselves against the hostel dwellers when the police opened fire without warning.
4. East Rand
The spectre of Xhosa nationalism reared its head in a clash between two squatter camps in Katlehong on the weekend of 7/8
April. The residents of Holomisa and Mandela View have since made peace but the prospect of this conflict re-emerging cannot be overruled. The conflict according to some residents was over toilets rather than ethnic antagonisms. However, in the ensuing conflict more than 100 shacks were raised in
Mandela Park. The cause of the conflict is not clear but what ensued was an attempt by Holomisa Park residents to rid ..~... • • p ,
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Mandela View of Zulu speakers regardless of whether the Zulu
speakers were card carrying members of the ANC or not. This
rise of Xhosa nationalism and the tendency by many rural
Xhosa speaking people to see the ANC as a Xhosa organisation
is cause for concern. At a hastily convened peace meeting
between the two camps ANC chief-of -staff Chris Hani was at
pains to tell the residents that the ANC was home to all
races and tribes as well as to stress the role played by Zulu
leaders in the building of the ANC. He was doubtless
perturbed by the arrival of residents from the Holomisa camp
singing Xhosa songs: "My home is Umtata. My home is
Pondoland" (Weekly Mail 12/4/91).
5. Sebokeng
Nine policemen who face murder charges following the findings
of the Goldstone Commission have not been suspended from
active duty. A decision on suspension will only be made once
the full process of law has been completed. No trial date has
been set at this stage (The star 26/3/1991). , . ,
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6. Train attacks
Trains are once again being targeted for attack. Two people
were killed and 12 people injured when commuters on a Soweto
bound train were attacked near Inhlanzane. This is the second
attack this month by people alleged to be Inkatha supporters
(The star 24/4/91). witnesses to the April 24 attack say the
men were armed with pangas, axes and an AK-47.
On April 5 1991 commuters on a Naledi, Soweto bound train
were attacked by about 13 men armed with sticks, sjamboks,
axes and pangas. According to an eyewitness three of the men
were carrying plastic bags which he later realised contained
guns. People in the carriage were allegedly singing and
chanting slogans before the attack. A marshal was
subsequently beaten with a sjambok and another with an axe.
The witness then claims that the passengers began to panic
and head for the doors. It was then that the three men who
had been carrying plastic bags removed their guns and opened
fire. As the train pulled into Inhlanzane station, the
attackers alighted and ran in the direction of the Jabulani
Hostel which is situated about 300 metres from the station. -20-
According to an eyewitness who saw the attack, two members of the SAP who were in the vicinity of the station were informed of the attack by marshals and were asked to arrest the offenders. Instead of helping one of the policemen allegedly fired a shot which hit one of the marshals in the leg. The police were then allegedly asked what they were going to do about the situation. Eyewitnesses claim the police said their two-way radios were not working and that they did not have enough bullets. The Board is currently assisting the legal team in its investigations and has already supplied a number of statements to the team.
VI. WEAPONS
Law and order minister Adriaan Vlok's partial prohibition on carrying of dangerous weapons in "potential conflict situations" was described in a Sowetan editorial as "at best as a half step in an uncertain direction" (Sowetan 18/4 /91).
The banning of pangas, axes and bush knives has fallen well short of calls from the ANC and the Democratic Party for a wholesale ban on the carrying of dangerous weapons. The failure to implement a wholesale ban on the carrying of traditional weapons has opened the door to the return of f' l · ;
-21-
assegais, sticks, knobkerries CODfiscated in police raids on
hostels. witwatersrand police spokesperson Colonel Frans
Malherbe said police agreed during a meeting with Inkatha to
return only traditional weapons, including assegais and
knobkerries. Malherbe said the weapons were returned because
no crimes had been committed with them. He also added that
had other organisations made similar requests the police
would have acted in the same manner. (Bus i ness Day 25/4/91).
The availability of AK-47's has once agai n hit the headlines.
The Weekly Mail alleges in a front page article that they
brought an AK-47 and exposed an extensive and sophisticated
arms sales network supplying Inkatha members on the East
Rand. The network allegedly runs from Komatipoort to East
Rand townships and hostels and supplies AK-47's, shotguns,
Makarov pistols and Scorpion sub-machine pistols.
The AK-47 was allegedly purchased for R1 500. The only
condition of purchase was that the purchaser had to prove
that he was not a "comrade" and that he would not use it
against Inkatha. The sellers did however mention that there
were "others" (Mozambicans) who supplied arms to the
"comrades" . There apparently i s no love l os t b e tween the two
groups of suppliers (Weekly Mail 19/04/91). ... ~ .. . } -. ,
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An investigation by a reporter working for the Sowetan
reveals that AK-47's can be purchased for as little as R20 in
swaziland. The reporter Ike Motsapi alleges that he was
offered three AK-47 assault rifles for R70 behind the post
office at Lomahasha on the Swaziland- Mozambique border.
Motsapi was allegedly told that the seller normally got the
AK 47's from Renamo soldiers in exchange for food (Sowetan
19/01/91) .
VII. NATAL
Sporadic outbreaks of violence continued in Natal throughout
the month of April, par~icularly in Ndaleni near
Pietermaritzburg where 29 people have been killed (The Star
4/4/1991) and Talor's Halt also near Pietermaritzburg where a
bus was ambushed with one person killed and several injured
(The Star 12/4/1991). On the whole however the level of
violence in the area seems to be subsiding. Hopefully this is
due to the fact that the peace agreements of late January are
slowly being disseminated at a grassroots level and it would
seem are having more effect than in the Transvaal. -23-
VII. CONCLUSION
The various peace initiatives seem to have lost focus. The
Government's decision to hold a multi-party conference on violence has already run into trouble with various organisation expressing an unwillingness to take part and the various peace accords between the ANC and Inkatha having failed to filter down to the grassroots level in some areas.
Vlok's ban on the carrying of some traditional weapons is seen as a half measu·re - seeing that countless people have been killed with the "traditional' assegai and knobkerrie.
While there is no doubt that much of the violence is due to socio-political and economic deprivation as well as the behaviour of South Africa's security forces one should not forget that often the violence is also due to political rivalry and intolerance (South 10/4/91).
The onset of Xhosa nationalism is cause for concern particularly in light of attempt to ascribe the Reef violence to a "tribal war". Any peace initiative has to be rooted in the community and requires a culture of tolerance. -24-
A new trend seems to be emerging in the rightwing. The
threats ~y AWB leader Eugene Terre'Blanche to forcibly remove
squatters from farm land in Ventersdorp does not bode well
for the future. Particularly in light of the fact that the people who occupied the farm Goedgevonden are part of a general move to reoccupy land in South Africa. Many black communities who were forcibly removed from their land will
over the next few months be re-occupying their land. The
rightwing's threat to take action should the government fail
could prove disasterous. Collection Number: AG2543
INDEPENDENT BOARD OF INQUIRY (IBI) Records 1989-1996
PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012
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