Independent Board of Inquiry POBox 32293 Broomfontein 201 7 Johonnesburg South Africo Phone (all ) 403 - 3256/7 Fox (all ) 403 - 1366
.') -- Report fo May - Augu st 1994 •
.".) Report for MIIy-AuifUst i9J IBI
Copyright otice
Members of the public are free to reprint or report information, either in whole or in part, contained in this publication on the strict understanding that the Independent Board of Inquiry is acknowledged.
Otherwise, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electrical, mechanical, photocopy, recording or otherwise, without prior permission of the publisher. • BOARD MEMBERS:
Dr Alex Boraine, Rev Frank Chi kane, Mr Brian Currin, Reverend Mvume Dandala, Prof John Dugard, Ms Sheena Duncan, Mr Peter Kerchhoff, Mr Norman Manoim, Ms Emma Mashinini, Br Jude Pieterse, Archbishop Desmond Tutu
• IBI Report for AlnrAugust i9J
TABLE OF CONTENTS
INTRODUCTION: 1
1. STATE INSTITUTIONS: 3
1.1 South African Police Se rvice (SAPS) 3 1.1.1 Vusi Phiri "C 4 1.1.2 Eugene de Kock 4
1.2 Prisons 6
2. RIGHT WING 7 . - • 2. t Freedom Front 8 2.2 Afrikaner Weel'"S tandsbeweging (A WB) 9
2.3 Ri ght-wing trials 10
3. THE GOLDSTONE COMMISSION 11
3. 1 Escom Arms Deal 12
3.2 Third Force activities \3
4. TRUTH COMMISSION 14
5. ATTACKS ON INDIVIDUALS 15 • 5.1 W alter Sisulu 16 .2 Wilson Xolo 17
5.3 Oswald OIadla 17
5.4 Mathew Goniwe, Fort Calata. Sparrow Mkonto and Sicelo Mhlauli 17
5.5 Anton Lubowski 18
7. NATAL 20
7.1 Creighton Massacre 22 Report for MarA ugus/'9.J lBl
7.2 Trusl Feeds Massacre 23
8. OTHER 23
8.1 Johannesburg Massacre 23
8.2 ANC PW V Lancet House "Prison" 25
8.3 Torture at Johannesbu rg Police Stations 25 8.3.1 Newlands ... 25 8.3.2 Brixton 26
9. REEF VIOLENCE 27
9.1 East Rand 28 9.1. 1 Thokoza ... _ 28 9.1.1 3 Self- Defence Uni lS (SOU,) 31 • 9. 1.1 .b The attack of Friday June 24: 31 9. I.I .C The atuck of Saturday July2 1994: 32 9.t.l.d Assault by members of the SAN OF 32 9.1. 2 Kallehong 34 9. l. 3 Vosloorus 36 9.2.1 Torture in the Vaal Triangle 41
9.2 .2 Boipatong Massac re 46
10. TRAIN VIOLENCE 47
11 . TAXI VIOLENCE 49 • 12. CONCLUSION 50
" IBI Report for A1.1)'-A ugust /94
INTRODUcnON:
At a time when police community forums are being established throughout the country the activities of SAPS special units such as Murder and Robbery Units, Internal Stability Units, Vehicle Theft Units etc. continue undermine the new Goverrunent's polici ng
programme designed to ~eate a more accountable police force.
In recent months the activities of units such as the Murder and Robbery and Riot and Violent crime Units have come under the spotlight . These specialised units have their own command structure and therefore fall outside the ambit of local station commanders. • Despite rulings that units repoft fo a local station commander upon entering and leaving an area, there is no control over their activities by the local police structures. Over the last three months there have been numerous of allegations of torture and assault as well as allegations of extra-judicial executions levelled at these units. Currently an investigation with civilian input is underway into the activities of the Vanderbijlpark Murder and Robbery Unit.
To date the special investigation team has received over 100 complaints from people who have allegedly been tortured and/ or assaulted by special units in the Vaal Triangle.
The Johannesburg based Brixton Murder and Robbery Unit has also come under the • spotlight with the dealh in July of Mzoli Mlamla. Mlamla a resident of Phola Park was arrested on July 3 and was meant to appear in the Johannesburg Magistrates Court on July 16. However when he failed to appear his family were informed that he had been killed while being taken out on investigation to Alexandra township on July 15. Police claim that while Mlamla was taking them to point out a suspect their vehicle came under attack and Mlamla was killed in the ensuing gun battle. MlamJa was in leg irons at the time of the alleged shooting and ensuing accident. Two policemen Warrant officer Diedericks and Eksteen were allegedly injured. It was further alleged that the car in which they were travelling crashed and burnt. However, a spokesperson for the police in Alexandra said that he had no knowledge of any attack on a police car in Alexandra on the night in Report for May-A ugust '9./ IBI
question. Secondly, a Safety and Security Committee which has been set up in Alexandra by residents and the SAPS has no record of the alleged attack. The Board was told that the committee was informed of all attacks on policemen in the area as attacks on policemen was a primary focus of the committee.
Constable Thapelo Richard Mofokeng, Mlamla's co-accused in a murder trial said in his bail application that he feared for his life as the investigating officer had informed him that if he did not co-operate he would end up like Mlamla.
The Benoni Murder and Robbery Unit has been accused of involvement in an extra judicial execution in Vosloorus on August 24. Eighteen year old Sibusiso Mbethe was shot dead after police surrounded a house he was hiding in. According to eyewitnesses • Mbethe was not given the opportunity to surrender but was shot several times. Witnesses also claim that the wounded Mbethe was kicked by members of the unit and that when an ambulance arrived to tend to Mbethe (almost an hour and a half later) members of the unit refused to allow Mbethe to be treated and he died on the scene. The Vosloorus SAPS are currently investigating the matter and the Board is assisting with location of witnesses. The death of Mbethe is related to tension between self-defence units and alleged criminals in the area. (See section on East Rand)
In early September members of the Boksburg Firearms unit arrived at house in Nkaki Street, Thokoza and kicked in the door. On entering the room they told the owners wife Mrs Dlamini to leave. When she left, her husband Carlton Dlamini's hands and feet were • tied behind his back and rubber tube was removed from a small brown metal box and placed over his mouth and nose and pulled tight so that he could not breathe. This was repeated three times. He was told that he was a "Commander" and that he should know where the guns were. The unit was then taken to two other houses where they found three AK47s and arrested two suspects. The suspects were both released the following day. IBI has been unable to determine whether a docket has been opened in this case.
2 lBl Report for MnrAugust 19.1
It is evident that in many criminal cases some form of torture and/or assault is used to extract information and confessions. Methods include electric shocks.. tubing and common assault. This perversion of standard police investigation procedures will inevitably have consequences detrimental to the course of justice. South Africa's new constitution outlaws the use of torture and if proven the courts have no option but to rule inadmissible information and/or confessions extracted in this manner. Having utilised such methods on a regular l:ijsis for a number of years without sanction it is imperative that such units are monitored closely to avert continued human rights abuses.
• 1. STATE INSmvnONS: . - 1.1 South African Police Service (SAPS)
A police task force has been appointed to investigate the alarming increase in the number policemen and women killed this year. As of the end of August at least 180 policemen and women have been killed. According to psychologist Lloyd Vogelman, director of the Centre for the Study of Violence and Reconciliation the killing of police personnel must be seen "in terms of a continuity of violence that has existed for along time. He says it is merely getting more attention now because the number of incidents have increased. Vogelman said the attacks were continuing because some people still believed that they were engaging in a political act because of the antagonism towards them in the past. • However, Vogelman says that the most important factor is a break down in law enforcement. As a result police attackers and for that matter attackers in general are confident of escaping the consequences of their actions.
On a more positive note the SAPS announced in July that they would be upgrading cells in the Witwatersrand to International Committee of the Red Cross (JCRC) standards. The SAPS said it had received complaints over the years from the JCRC about cell conditions but had been unable to rectify conditions because of budgetary constraints. It is expected that the upgrading of cells will be completed in 18 months' time.
3 Report lor May -August '9-1 lEI
1.1.1 Vusi Phiri
A Marianhill resident, Vusi Phid who was doused with petrol and set alight by two South African Police members in January 1992 (See Board report February 1992) received R170 000 in damages in an out of court settlement in early August.
Phiri, who was abducted from his shack by two SAP sergeants before being set alight, had originally claimed RSOO 000 damages.
A large part of his claim was based on his suffering from post-traumatic stress syndrome since the incident, which causes him to have sleepless nights and bad dreams and to suffer from a lack of concentration. The two policemen involved Sergeant Mark Allen • Lucy and Lance -sergeant Simon Gerald Coetzee were sentenced in 1992 to 18 months in prison. Two other constables, David Potgieter and Pierre Laubscher, were fined RSOOO each for being accessories after the fact, while constable Bradford Brown was given a suspended sentence of 18 months.
1. 1.2 Eugene d. Kock
Bail was denied to former SAP colonel Eugene De Kock on September 21994. De Kock the former commander of the SAP's Vlakplaas unit, is facing eight charges of murder, being an accessory to the attempted murder of Dirk Coetzee, fraud, terrorism, and unlawful • possession of arms and explosives. Some of the preliminary charges against De Kock relate to the following incidents.
The alleged murders of five persons near Nelspruit in March 1992. Four of the deceased were ambushed and shot; petrol, AK47s and hand-grenades were allegedly thrown into their vehicle and they were burnt to death.
4 IBI Report for MllrAugust ;9-/
A fifth person was allegedly arrested shortly aften vards, and la ter taken to a place where he was "executed" on the orders of de Kock. His body was then destroyed with explosives.
De Kock was allegedly an accessory to the murder of a Lindiwe Samba, who was severely assaulted and who la ter died of his injuries. His body was also destroyed by explosives.
The alternative charge is that de Kock had defeated the ends of justice by not revealing the real cause of the man's death.
The murder of a of a policemen and former colleague of De Kock- Sergeant Brian NqguJunga who testified before the Harms Commission, The State alleges that . - • Nqgul unga was a threat and that he would have been able to reveal certain incidents. He was allegedly abducled and shot with an AK 47 so that suspicion would fall on the ANC or other parties, rather than the police.
The attempted murder of former Vlakplaas member Dirk Coetzee, who joined the ANC after highly publicised statements about hit-squad activities at Vlakplaas. Colonel de Kock and others in 1991 allegedly had a bomb prepared in the form of a tape recorder and tapes connected to an explosive device. The bomb was addressed to Coetzee in Zambia but because he failed to pick it up at the post office it was returned to the Johannesburg address of a group of attorneys. Bheki Mlangeni of the law firm Cheadle Thompson and Haysom fetched the parcel which had his name on as the sender. When Mlangeni put the • earphones on and switched on the tape it exploded killing him instantly. The murder of a policeman known as Goodwill Sikhakhane at Grey town in Februar y 1991. He allegedly had information that could harm the Vla kplaas group.
The charge of terrorism relates to the supplying of the Inkatha Freedom Party with hand grenades said to have been used in at least 24 attacks.
5 Report for MarA ugust ~9.J IB I
1.2 Prisoo.
Unrest in South African prisons across the country in June once again led to loss of life and damage to property estimated at RSO million.
Following President elson Mandela's "State of the ation" inauguration speech which dwelled on the issue of amnesty, prisoners organisations took the initiative to campaign for a nation-wide amnesty for common Jaw prisoners, claiming that amnesty only for so called political crimes was discriminatory and blatantly unfair for the mass of South Africa's prisoners, most of whom were also victims of apartheid.
On June 8, 1994 the South African Prisoner's Organisation for Human Rights SAPOHR) • launched a campaign of "rolling mass action" in the prisons in response to the Minister of Justice's rejection of demands made on the amnesty issue. SAPHOR claimed that it had no option having exhausted all possible consultative channels.
Sit-ins, go slows, hunger strikes followed in many prisons around the country. In some prisons, irunates burnt and destroyed the contents of their cells in a bid to highlight their plight. Prisoners used the amnesty issue to highlight other grievances, such as prison conditions and endemic racism that continues to plague the country's prison services. Tension escalated and led to violence in a number of prisons as the authorities resorted to strong armed tactics when faced with confrontational and dangerous situations.
Between the June 9 and June 12, four prisoners were killed and seventy two prisoners and • prison warders were injured. In the worst incident on June 9, at Modderbee prison in the East Rand, prisoners took a warder hostage, demanding freedom under a general amnesty, the resignation of Correctional Services Minister, Sipho Mzimela and a meeting with Mandela or regional government members. They also demanded that the new administration take over the prison because of the prevalence of right-wingers working there. The situation was compHcated by a mass breakout through a storm drain. Over one hundred inmates escaped, fourteen were re-captured and one was shot dead. Direct intervention by the PWV regional premier, Tokyo Sexwale secured the release of the
6 lSI Report for May-August '9J
hostage, and quelled further violence as he listened to and promised to address grievances.
On June 10, Dr Mzimela announced a six month amnesty for virtually all categories of common law prisoners. After an emergency meeting with President Mandela, SAPOHR called off its campaign for mass action, criticising the limited amnesty offered to prisoners, but promised to pursue its campaign for amnesty through negotiations . However protests continued ..in some prisons, leading to further death ancj injuries.
It is noteworthy that in certain prisons warders also protested. At the J 5 Steyn prison in the Eastern Cape twenty warders went on strike claiming that the authorities failed to • heed their warnings which could baye averted riot at the prison. On June 6, the Modderbee branch of the Police and Prison Civil Right Union (POPCRU) sent a memorandum to Dr Mzimela's office complaining about human rights abuses against prisoners, unfair labour practices, racism and corruption at the prison. Similar complaints have been echoed across the country by other POPCRU branches.
At the end of June, President Mandela appointed a Commission of Inquiry into unrest in South Nrican prisons between 26/4/94 and 16/6/94, under the chairmanship of Judge Kriegler.
2. RIGHT WING • The right-wing who remained outside the election process threatened to violently disrupt the historic fe-organisation of political power. Yet in spite of a spate of country-wide explosions prior to the April elections, which left 19 people dead and scores of people injured, the right-wing's threat to resist the transfer of power was futile. (See 1BI's April 1994 report) While the AWB warned that Ihe election would bring about a civil war and political analysts speculated about the extent of the AWB's military power it was clear that nobody knew how seriously the right-wings threat to the democratic process should be taken. Questions concerning the right-wing support within South Africa's security forces and a potential right-wing military backlash remained unanswered.
7 Report for .May-August '9J IllI
While the AWB warned white South Africans of their imminent doom, the transformation from apartheid rule to a non-racial democratic order came to pass peacefully. The Government of National Unity has made provisions to accommodate the desires of Afrikaners seeking self determination and has attempted to alleviate white fears through an intensive reconciliation programme. The AWB's bluff has finally been exposed and as a result its thunder has been silenced. While the AWB can no longer be perceived as a military threat, individual right-wing members have proved capable of embarking on isolated cru5<1d es of violence.
2.1 Froodom Front A council made up of twenty Freedom Front members was established, in terms of the • interim constitution, to deliberate on the various options of achieving a volkstaaf. Speaking at the opening of this Volkstaat Council Freedom Front leader, General Constand Viljoen, resolved that the ta sk of the Council was to find a constitutional solution for all groups aspiring towards self-determination without affecting the rights of the people in the country. (Citizen 17/ 06/1994) The Conservative Party's Ferdi Hartzcnberg disapproved of the establishment of the Volkstaat Council, because he believes it does not p rovide for the creation of a sovereign independent" volks republic". (Citizen 24 / 05 / 1994) However, in a surprise move which caused him to be ostracised by the AWB, Dr Hartzenberg met with President Mandela on the May 251994 to explore ways in which the government and the Conservative Party could continue negotiations. • (Citizen 25 / 05 / 1994) for General Viljoen the achievement of a voll
8 ml Report for May-August i!).J
2.2 Afrikaner Weers/andsbeweging lAWS)
On the July 12 1994 an AWB delegation held talks with Justice Minister Dullah Omar about amnesty for right-wing political acts of violence. In May 1994 Minister Omar afUlounced that people responsible for political violence after the December 51993 would not be eligible for amnesty. Minister Cmar added that the government was not prepared to change its position on this date... . (Sunday Nab"on 15 /05/ 1994) At an AWB press-conference on June 281994, AWB media spokesperson, F'red Rundel, called on Minister Omar to release the AWB members charged with the pre-election bomb blasts because, "none of these acts were committed for personal gain or enrichment, but
all for an obvious political purpose ."~ nying that the motives of the alleged bombers • were to protect apartheid or enhance racial domination Rundel explained, "Anything that might have been done was for the ideal of freedom for the Boer nation and nothing else."
AWB leader, Mr Eugene Terre'Blanche said that the AWB wanted amnesty for all political prisoners whether left-wing or right-wing. Terre'Blanche said that the "natural" leaders of the Boers needed to be released from prison before talks could start. "Only when our leaders are given amnesty can they, along with those leaders not in detention, decide on steps which may be necessary for peace to be achieved", he said. Declaring the war to be over, Terre'Blanche argued that if the right-wing's political prisoners were not released the war would resume .
• On the September 31994 the AWB celebrated its 21 anniversary with a rally in Heidelberg. Weekly Mail &- Guardian journalist Jan Taljaard described the problems facing the organisation. "They mark their coming of age beset by severe problems. H aving to contend with a large part of its leadership corps awaiting trial, dwindling membership figures and a new government that will in all probability crack down on the kind of vagaries that the organisation could get away with in the past, 21 is not presenting itself as a very good year for the AWB" (Weekly Mail &- Guardian 02/09/1994)
9 Report for "'larA ugust '9./ ml
2.3 Right-wing hiol.
• The 42 A WB members faci ng charges of murder and attempted murder in connection with the pre-election terror campaign have been released on bail and their case has been remanded to the October 31994.
• On the December 12 1993 AWB members set up a road·block on the Ventersdorp' Krugersdorp road and killed four black people (including an eleven year old) and
seriously wounded three others. On May 11 19941 after being convicted on four counts of murder, six counts of attempted murder, of assault and illegal possession of arms and ammunition, Marius Visser, Frederick Badenhorst, Martinus van der Schyff, Karel Meiting and Andre Visser were sentenced to four death sentences. Gerhardus • Diedrichs, who was unarmed during the attack was acquitted on all counts of murder and attempted murder, but was convicted on four counts of culpable homicide. Deidrichs was sentence to an effective ten years in prison. On the June 17 1994, Dean Martin and Phillipus Kloppers also received four death sentence for their part in the road block murder.
• On July 26 1994 seven AWB members were convicted on charges of sabotage, causing explosions and the illegal possession of explosives. The commander of the "special task force", Albertus van der Merwe, was sentenced to an effective eight years in prison while AWB general, Jaapie Delefse received a R1 000 fine and a suspended sentence. Four other members of the "special task force" received suspended sentences. (Citizen • 28 /07/1994)
• Johannes van Wyk and Jean du Plessis, two members of a right-wing terror cell linked to the white supremacist and atheistic Church of the Creator and a group called the Nationalist Socialist Partisans, were convicted of charges of armed robbery and murder. These charges were linked to incidents in Walmansthal where they fired on members of the South African Defence Force and stole two R4 rifles and to the brutal slaying of three people in Louis Trichardt in 1991. (Citizen 21 /07/1992 and Citizen
10 IBI Report lor A'{JJy-A ugus/ ~9.J
01 / 09 / 1994) On September 51994 Van Wyk was sentenced to three life terms and an additional 49 years for his role in the murders while du Plessis received an effective 12 years imprisonment for housebreaking and the unlawful possession of firearms. (Weekly MaiJ & Cuardian 09 / 09 / 1994) The Pretoria Supreme Court refused Van Wyk and du Plessis leave to appeal. (Gtizen 07 / 09 / 1994)
• The other two members of the ceH, Jurgen Mathews White and Johannes Jurgens Grobbelaar, are believed to'. have committed suicide after being cornered by the police in the Northern Cape. Although it was never proved where they were headed, it is alleged that they were trying to smuggle arms and explosives into Namibia.
• • In December 1993 right-winger~, ted by former 32 Battalion member and intelligence officer, Commandant Willem Ratte, occupied Schanskop fort as a symbolic protest against the authority of the Transitional Executive Council. While eighteen of the right wingers surrendered to police, Ratte and some of his men managed to leave the fort through dense bush. (Gtizen 09/ 12/ 1993) Ratte who had dodged authori ties since December handed himself over to police and appeared in court on September 61994 on charges of trespassing and the unlawful possession of arms, ammunition and explosives. He refused to enter a plea saying that he d id not accept the authority of this "foreign state and its foreign fl ag". (Gtizen 07/09/1994)
3. mE GOLDSTONE COMN.ISSION
The Goldstone Commission into the Prevention of Public Violence and Intimidation has recommended that it be clisbanded by the end of October 1994 saying that its activities had been a consequence largely of the political transition which cul minated with the democratic elections.
In its fifth interim report the Commission said it welcomed "the marked decrease in public violence and intimidation since the elections.
11 Report for Mny-August ~9.J ml
"There is every reason to anticipate that this trend will continue". The Commission said it had been appointed in 1991 for a period of three years ending in October.
The report said that the Commission did have some unfinished business including reports on the Boipatong massacre, the Shell House massacre, taxi violence, criminal activities by members of the KwaZulu and South African police, and the effects of public violence on children.
The Commission recommended that witnesses under its protection continue to receive protection after its disbanding.
The Commission is still awaiting a response from the Government on its recommendat.ion • that the Commission cease to exist from October 1994.
3. 1 Escom Arms Deal
The Goldstone Commission's preliminary inquiry into the attempted purchase of flJ'earms by the KwaZulu government from Escom has found that Johan van der Walt manager of the National Protective Services Department at Escom had no authority to sell arms on behalf of the company even though the arms were under his direct control.
The Commission stated it was satisfied about the manner in which Escom came into possession of the firearms and that their becoming a surplus was legitimate and regular. The Commission found that in an attempt to control the firearms, they were transferred to f Escom's headquarters at Megawatt Park, Sandt-on. It found that any sales of the arms needed to be arranged through the corporate purchasing manager or alternatively through the commercial or legal departments. Van der WaH was also responsible for an unauthorised sale of 50 LM4 rifles to a Kempton Park arms dealer trading under the name of "Shotgun Willies."
The Commission criticised the South African Police Commissioner General Johan Van der Merwe for failing to consult the then Minister of Law and Order Hernus Kriel in the attempted sale of 1 000 LM4 rifles by Escom. The Commission reported that there was
12 181 Report for 1'dl1rA ugust /91
"prima facie" evidence that officers of the SAP were involved in the illegal deLivery of firearms to Kwa Zulu.
The Commission was satisfied that the ational Intelligence Services (NlS) were not involved in the gun sale. The report commended the actions of the Escom executive director Dr George Lindeque, who put a stop to the transaction and launched a full Escom inquiry. Escom said the findings.. would be considered during a further investigation by the Independent Mediation Services of South Africa on behalf of Escom and-unions representing employees.
Van cler Walt will remain on suspension pending the outcome of this inquiry . . - • 3.2 Third force activities The Goldstone Commission investigation into the Third Force has implicated a top security official of the Amalgamated Bank of South Africa (ABSA) Andries van Heerden.
The Commission is investigating alleged criminal activities within the SAP and KZP and the IFP. The Commission named Van Heerden as the alleged middle-man in arms deliveries to KwaZulu. Van Heerden and two other ABSA employees were also implicated in the Commission's report on train violence.
Following the above finding Van Heerden was fired by ABSA. Chief Executive of ABSA Danie Cronje said that Van Heerden had admitted "certain things" but would not • elaborate. The other two ABSA employees Victor and James Ndlovu are still under suspension as a result of advice given to the company by Transvaal Attorney General Jan d'Ol.iviera. The Ndlovu brothers were working in the maintenance department in the bank.
Cronje said ABSA had lodged an internal investigation after receiving a letter from Judge Richard Goldstone on March 14, 1994 requesting information relating to "certain accounts" allegedly held by two people under investigation. Van Heerden was reported
13 Report for May-Au/Just ~9-J lSI
to be employing only Zulu security officers loyal to the IFP. It was also alleged that Van Heerden was assisted by a fellow A BSA employee Dougie Crewe.
Cronje said ABSA's internal investigation had found that Dougie Crewe, head of secwity, was not implicated in Third Force activities. Neither Goldstone or the attorney general had found any evidence implicating Crewe. As a result his suspension was ljfted. Cronje said criminal investigations are continuing against the dlovu brothers.
4. TRUTH COMMISSION
A BiJi which provides for the creation of a Truth Commission and a process of amnesty • has been drafted, according to Justice Minister Dullah Gmar.
Gmar says the proposed Truth Commission ought to be established sooner rather than later, and that any delay could send the wrong signals to South Africa's strife·torn communities.
He said it was important that the commission did not witch·hunt, and that it be seen to be fair and impartial, and that it completed its work within a set time frame. The Constitution sets a cut·off date for crimes with apolitical objective for which amnesty may be sought as those acts committed before December 61993. This effectively rules out any amnesty plea by right -wingers arrested in connection with various explosions before the April 27 election. •
Omar said that there should be disclosure and acknowledgement and that perpetrators will be indemnified against criminal and civil actions.
The Truth Commission is also set to concentrate on reparation of victims rather than retribution.
The establishment of a Truth Commission has been opposed by the SAPS on the grounds that a commission cannot perform the roles of investigator, prosecutor and judge. SAPS
14 IBI Report for Afny-August'9J
commissioner General Johan Van def Merwe said that the SAPs were not against an investigation of these matters which should be exposed but did not feel that a commission of inquiry would achieve the desired effect. In a letter to the Minister of Safety and Security, General van def Merwe warns that the establishment of a truth commission might in the end also hurt members of the ANC's Executive Committee and even serving cabinet Ministers, who had committed deeds of terror during the apartheid era. In the letter General van def Menve warned." that the Truth Commission could become a serious embarrassment to the government
5. ATTACKS ON INDMDUALS . - • Apart from attacks on individuals there has been an alarming increase in the number of threats received by newly appointed regional and national parliamentarians. The PWV safety and security department are currently investigating threats against Premier Tokyo Sexwale's life. This death threat follows his strong pronouncements against drug lords and criminals. The PWV legislature have alleged that certain drug lords have put out a contract on 5exwale's life. There was also a plan to allegedly kidnap Sexwale's father.
In May at least four shots were fired at the home of the chairperson of the Constitutional Assembly Cyril Ramaphosa. A security guard became suspicious when four white men drove past the house in a red Golf which had no registration plates. The security guard • allegedly opened fire with a shot gun when two of the men were seen jumping over the garden wall at the back of the property. It is not known whether either of the men were hit.
Tighter security has been implemented at the PWV ministry following several security breaches. It would seem that the security breaches were linked to efforts to spy on several PWV ministries. The events which led to the belief that there was espionage on the go at the PWV government's offices in central JohaIUlesburg were the discovery of a "bug" in the Ministry of Education; break-ins; and tampering with locks in the offices of four other
15 Report for MarAugusl f9J IBI cabinet members, including that of Premier Tokyo Sexwale; and the disappearance of data from computer discs which were thought to have been securely stored.
The case is currenUy being investigated by the police.
5.1 Walter s isulu
Charges of culpable homicide, defeating the ends of justice and perjury have been preferred against Lance Sergeant Alan Kruger and Constable Stephanus van Rensburg in connection with the death of ANC leader, Walter Sisulu's, bodyguard last July (See IBI report for July 1993 and January 1994) and their subsequent evidence at the judicial inquiry before Judge MS Stegman during January this year.
The bodyguard, Ishmael Manlene Moloane died from multiple injuries after an unmarked police car approached the three-car convoy, escorting Sisulu along the Soweto highway after a birthday celebration in Johannesburg for Nelson Mandela .
A chase and a shoot-out ensued with the car in which Moloane was travelling crashing and over turning.
During the inquest, Judge Stegman found the hvo policemen to be criminally l.iable for the death of Moloane saying that they had been in an unmarked car and had failed to identify themselves. The second charge of defeating the ends of justice relates to allegations that the two attempted to mislead the judicial inquiry with a conspiracy of false evidence by allegedly persuading Sergeant Mark Mills to make a false statement. The State alleged that the two persuaded him to say that he had seen a blue flashing light on the roof during the incident.
The case has been postponed to September 9
16 181 Report fo r ft1lJrA ugust ~9J
5.2 Wilson Xolo
Wilson Xolo an Inkatha Freedom Party member from Mvutshini reserve near the atal south coast town of Margate was attacked and killed by unidentified men on Tuesday May 17.
Xolo was on his way to work when he was attacked. In the wake of the killing both the ANC and IFP have called for the.. people of the area to observe the principles of peace and tolerance.
5.3 oswald Dladla - • Oswald Dladla (34) who was employed- by the ANCs election office was shot dead in his home in Dobsonville, Soweto on Monday May 9. According to the ANC, gunmen entered the Dladla home and opened fi re before fleeing in a bakkie (van) belonging to the ANC regional office.
Dladla was rushed to the Zola clinic but was pronounced dead on arrival
5.4 Mathew Goniwe, Fori Calala , Sparrow Mkonla and Sicelo Mhlauli
Eastern Cape Judge President cville Zeitsman found that members of the security forces murdered Mathew Goniwe, Fort Calata, Sparrow Mkonto and Sicelo Mhlauli in 1985. (For details on the murder of the four see the Boards December / January, February/ March • reports).
Despite this finding the Eastern Cape Attorney General has said that after studying the evidence and findings into the re-opened inquest he had decided not to prosecute on the grounds that the available evidence was not strong enough for a reasonable chance of a successful prosecution against any individual or individuals.
The re-opened inquest finding stated that military officers, including former Military Intelligence chief Joffe! van der Westhuizen had been ordered to send, draft or received the top secret " death signal".
17 Report lor May-A ulJUst i9J ml
But the court could not pin point individuals or even the branch of the security forces responsible, even though Judge Zietsman 5 Coniwe and his three colleagues were murdered on June 271985 -j ust 20 days after a top secret military signal was sent calling for his "permanent removal from society". 5.5 Anton lubowsJo Almost five years after SWAPO NEC member Anton Lubowski was gunned down outside his Windhoek home, shortly before Namibia's first non racial democratic elections, the inquest into hi s death has found that South African agents were responsible for his death as part of a co-ordinated military intelligence programme to destabilise Namibia's transition to democracy. Mr Justice Harold Levy of the Namibian Supreme Court found that Lubowski had been shot dead on September 12, 1989 by Irish mercenary, Donald Acheson in a murder arranged by members of Military intelligence's CCB (Covert Collection Bureau). Lawyers representing the Lubowski family had argued in their closing statement that ten CCB agents had common purpose in the assassination of Lubowski as part of a campaign to disrupt SWAPQ's election campaign, in which Lubowski was playing a central role. The operatives named are; Joe Verster, former "Managing Director" of the CCB. Staal Burger, CCB manager of Region 6. Dr Wouter Basson, CCB co-ordinator of Region 6. Charles Neelse (now Wildschudt) and Johan Niemoller of Region 8, Ferdi Barnard, Calla Botha, Slang van Zyl, Chappee Maree and furmer Recce 5 member Donald Acheson. Acheson was arrested on the day of the murder and held in custody for eight months before being released on the grounds of insufficient evidence to prosecute. Judge Levy criticised the decision of the Prosecutor General, Hans Heyman, to release Acheson saying that there was strong prima facie evidence to prosecute him and Heyman's failure to do 18 IBI Report fo r MQrA ulJUst ~9-I so was "the height of incompetence". Heyman's had refused to testify at the inquest, stating that he was not obliged to give reasons for his decision to release Acheson. Judge Levy dismissed claims by former South African Defence Minister Magnus Malan that Lubowski had also been a Military InteJligence agent. Malan had made this "revelation" in parliament before he retired. Because of parliamentary privilege the courts were unable to subpoena MaJan, whose controversial allegation had the effect of temporarily confusing and complicating the role played by South African government agents in the assassination. Malan has subsequently stated that he stands by his former statement given in parliament. Levy also dismissed claims that SWAPO MP Danie Botha and Lubowski's former girlfriend Micbaela Clayton had played a role in the killing and • that there had been a conspiracy within the (former South West African) police to murder Lubowski, despite evidence presented that at least one senior policeman had had prior knowledge of the plan to assassinate the SWAPO activist. Judge Levy said that Namibia would be seeking the extradition of eight former CCB operatives implicated in the inquest. However Namibia would have to wait until a decision to prosecute is taken by the Prosecutor General (who is still Hans Heyamn's) before an application for extradition can be made. South Africa and Namibia are currently locked in negotiations on an extradition treaty but are deadlocked on the issue of a cut-off date for offences that will be covered by such an agreement. South Africa's position is that the cut-off point should be the date of Namibia's • independence, which would effectively indemnify those responsible for the Lubowski killing and other atrocities. Namibia wants the cut-off date to be Aprill, 1989. The Lubowski family have subsequently been in South Africa for meetings with Justice Minister Dullah Omar. After the meeting Omar said that the men may be extradited even without a formal treaty. Indeed, as South Africa is once again a member of the Commonwealth, it is possible that extradition could be facilitated, in spite of no formal extradition treaty, by a Commonwealth Co-operation Scheme, designed to facilitate such cases between member states. 19 Report for MarA ugust ~9-I IBI Anton Lubowski's murder once again illustrates the role played by South Africa in the destabilisation of the formally named Frontline States. Despite South Africa's fo rmal acceptance of the transition to Namibian independence, its attempt to maintain influence in the territory and influence the results of the election have again been exposed. 7. NATAL Safety and Security Minister Sydney Mufamadi announced in early August that he would conduct a full investigation into allegations of hit squads within the KwaZulu Police Force. Mufamadi's decision follows fresh allegations of hit squad activities and in particular the recent statement by retired KwaZulu Police Commissioner General Roy During that at least one hit squad operated from within the KZP with the sanction of people at the "highest level". During's statement follows the suspension of KZP station commander Owen Zama and a Transitional Executive Council report accusing 16 senior KZP officers of either direct or indirect complicity in hit squad activity. The 16 include Zarna and the KZP deputy commissioner Sipho Mathe. The TEC report follows two reports by the Goldstone Commission. In his reports Judge Goldstone said that there is strong prima facie evidence of the involvement of hit squad activity and "criminal political violence". The Goldstone Commission also allegedly has information linking the atal MEC for Safety and Security Celani Mtetwa and senior member of the IFP, to an illegal gun-running network. It is alleged that Mtetwa is linked to the receipt of weapons from a nehvork alleged to have been set up by renegade South African Police members. Mufamadi has appointed a team of eXp.!rienced police and legal investigators to probe the allegations and the team will report directly to him. The minister also said that he was thinking of establishing a witness protection programme to assist the investigation. The announcement of the investigation has led to threats by Home Affairs Minister and IFP 20 fB I Report for MarAugust '9/ leader Chief Mangosuthu Buthelezi to pullout of the Government of National Unity (GNU). Sporadic violence continues to plague atal in the wake of the election. At least 413 people have been killed in Natal since May . dwedwe near Durban has been ..hard hit with at least 16 people massacred in hvo separate incidents. In the first incident seven members of the Ngcobo family were murdered on Tuesday July 19. Ephraim Ngcobo said he had barely escaped death and explained that he and his brother were at a nearby kraal when they heard shooting. They ran back to their house and that is when. his- brother was shot. The gunmen attacked with • AK47s and shOlguns . Those killed were Bhejisa Ngcobo (44), his wife Elizabeth (44) and their children Sipho (27), Bobs (26), Michael (14) (Cindy (7) and Cathy (2). Mzwakhe Ngcobo (15) and Tayisile (2) survived the attack. Police in the area have blamed the attack on criminal elements and have alleged that the killers are known to them. A week later on Wednesday July 27 eight members of the Nyathikazi family were gunned down. Police first discovered the bodies of two men at the roadside and later discovered another six in the family's home. Those killed were: Joseph Nyathikazi (60) • and his wife Mahlakwana (45), their children Nqaphela (33), Nombulelo (19), Khehla (8) and George (5). Nyathikazi's relatives, Nonhlanhla Shangase (20) Mandla Mzimela (34) were also killed in the attack. A nine-month old baby survived the attack and was found crying next to its dead mother. A ninth family member Thabisile Dlamini is fighting for her life after being shol in the head. 21 Report for MarAupst ~9J IEI Police found several AK 47 cartridges on the scene and the yathikazi's car was set alight during the attack. Police said that apa rt from AK47s, spears and pangas may have also been used in the attack. A police spokesperson Warrant-officer Sandile MhIongo said Nyathkazi and his family were tenants at a homestead belonging to the Dlamini family. They had fled the Mshayazafe area in Inanda where Nyathikazi was an TFP leader. It is believed that their was a quarrel between him and his followers. The police are still investigating. 7_1 Creighton Massacre KwaZulu special constable, Wiseman Khumbulani Ngwane told the Pietermaritzburg Supreme Court in August how an IFP regional organiser dropped off a group of balaclava clad men, handed out firearms and then pointed them in the direction of a house full of ANC supporters. The constable was giving evidence in the Creighton Massacre in which four prominent lFP Midlands leaders are facing 14 counts of murder and two counts of attempted murder. The case arises from the massacre in February this year (See TBI report for February / March) on a group of youth who were preparing for an ANC organised voter education workshop in Creighton. The accused are IFP Midlands regional organiser Dumisani Khuzwayo, Richmond IFP chairperson Paulos Vezi, Bulwer IFP chairperson Gamantu Sithole and Ipoxo TFP youth brigade leader Thulani Dlamini. Ngwane told the court that Sithole handed out the weapons to the group of men he and Khuzwayo had delivered at a turn-off near Creighton. He added that Khuzwayo then told the men to " take cover and work like men". The accused are out on bail. 22 lSI Report for AfarAugust '9./ The case continues. 7.2 Trust Feed, Massacre Outrage f Ih ,wed the announcement in late June that former special constables in the KZP sentenc~d for their part in the Trust feeds massacre have been granted indemnity The fOUf, David Khambule, Dumisan Ndwalane, Khehla gubane and Thabo Sikhosana were convicted along with former police captain Brian Mitchell for their part In the 1988 killing of 11 people which included seven women and t\vo children. Mitchell was sentenced to death and the four to 15 yea rs imprisonment. Mitchell's death sentence has now been commuted to life imprisofU1l!!Qt . • The four were part of a group of 63 people released under the Further Indemnity Act. Most of those released were IFP members although a few were from the ANC. Among the A C people released were six men who herded a family of Inkatha supporters into a hut and burnt them to death. It is believed that the releases were part of deal made by the former State President FW de Klerk to ensure the TFPs participation in the elections. The indemnities which were signed the day before De Klerk left his office were later endorsed by the Government of National Unity (GNU). • 8. OTHER 8.1 Johannesburg MaS50Cre The shooting incident which took place in the centre of Johannesburg on March 281994 during an Inkatha march recently came under the spotlight in parliament. The shooting resulted in the death of at least 53 people. (For more details on the incident see the Boards April 1994 Election Special report). Democratic Party leader Tony Leon accused the ANC of a cover up regarding the incident which occurred outside Shell House ANC headquarters that day. He alleged that the 23 IBI Report lor A1nrAugust '9.J All investigations into abuses are now complicated by these evasions. Criminal gangs often claim to be members of SPUs or SDUs but their activities are not related to political struggle - their motivation is greed and gain and the power of coercion. The South African Police Service(SAPS) is unable to deal with this violent criminal activity until it has addressed the crim.. inality within its own ranks . . - • • 51 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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