00084C

8.

PRESENCE OF POLICE AND DEFENCE FORCE

I deny that the presence, conduct and

activities of the South African Police

Force and units of the South African

Defence Force have rendered the lives

of ordinary residents in Kagiso and

Munsieville dangerous, intolerable and

insupportable. In fact the ordinary

law abiding resident of our community

is absolutely dependent upon the presence,

support and protection of the South African

Police and if necessary the Defence Force;

The present situation was brought about by the actions of organisations such as

First Applicant,the United Democratic Front and the African National Congress who use and intimidate young children not to subject themselves to any kind of discipline from other people, not even their own parents.

Parents have lost all control and discipline over their children. This has nothing to do with the presence or conduct of the police or the defence force. Children burn vehicles

IM‘ 000841

9.

in the streets,damage property in general and some even terrorize their parents.

I fail to understand how anyone can blame the police for this situation. Because of the present situation we desparately need the presence and protection of the police;

It is certainly not the police who kill or assault people for no reason whatsoever.

From what I have seen the police always exercise extreme caution and self control under the most dangerous conditions. They only shoot at people in self-defence and as a last resort.

It is certainly not the police that damage and destroy private and public property and who harass, abuse and threaten people generally.

Quite the opposite is true as it is the police who are provoked, harassed and threatened by a minority group of people in Kagiso and

Munsieville. The property of the police is damaged and destroyed.So is the property of

Counsillors generally as w^s my own property

10/. 000842

10.

on a few occasions as more fully set out

hereunder. The police are attacked and

sometimes brutaly killed by unlawful

mobs in our streets;

Because of the fact that Kagiso and

Munsieville were not declared an emergency -

area by the State President this area has attracted many unlawful outside elements.

These people, especially in Munsieville, have no permanent residence or identity documents and it is mostly from these people that First Applicant and similar organisations get their support. They are easily excited, influenced and/or- intimidated to roam the streets with petrol bombs in their hands, attack and kill people and generally burn and damage property;

One merely has to look at the type of person who attend the meetings of First Applicant and similar organisations to see who and what they are;

[ f t * / 11/.. These people attack the houses and other property of Councillors and/or employees of the West Rand Administration Board and also of the police. If they represent the people of Kagiso and Munsieville why do they do this.If they really represent and support the people of our community, why don't they just join us and work with us in the interests of the community at large. Councillors are daily threatened to resign. If they refuse to do so, their houses are burnt down and there is always a possibility that they might be killed;

In the light of the fact that we were elected to represent the community of Kagiso and

Munsieville I refuse to accept that these people who have elected u^ for no reason whatsoever, have now lost their faith and trust in us unless of course they are threatened or intimidated to do so. The situation is so bad that our friends and neighbours are scared to greet or speak to us in public. They however very often secretly telephone us and assure us of 000844

12

their support and also plead with us to try and do something about the general

situation;

First Applicant and similar organisations only use Kagiso and Munsdeville as a springboard to further their political objects and aims and their unlawful activities. They for

instance hold meetings in .public parks whilst pretending to work in the park or whilst they pretend to play soccer on our

sports fields;

First Applicant also use and even take over

other peoples funerals for furthering their political objects and aims. At such a funeral

they sing their political songs, dance and gen-

nerally disturb the peace notwithstanding

the attemps of their so-called marshalls

who are armed with sticks and sjamboks to control them;

The situation has deteriorated to such an

extent that family and relatives of a deceased now secretly request the assistence of the Q00845

13.

police to keep these groups and mobs away from the funerals;

To the best of iry recollection First Applicant was never very active in our area until about the middle of last year. Thereafter it became fairly active during or about

October 198 5 and very active towards the end of 1985 especially when it organised the consumer boycott;

The consumer boycott was supposed to be voluntary. This however was not the case and very soon people realised that they are the ones who suffer most because of the boycott. Many people refused to participate in the boycott but were forced to do so when the First Applicant started to put up their own road blocks where people and their vehicles were checked to see where they had bought their goods. If any goods were found which were bought from a white businessman these were destroyed on the spot. The organizers themselves however are not subject to the same limitations as the ordinary people as no one 000846

14

check them or where they get their goods from;

Hawkers with lawful licences were forced to get a personal letter from Mr Makgotlho to safeguard their goods from being destroyed at these road blocks or check points. It was because of these activities by First

Applicant and other unlawful conduct by

First Applicant in general that the police presence and activity in the said Townships had to increase.

First Applicant arranged a commemoration service on the 16th June 1985;

Immediately after that service and at approximately

17h00 I was in my shop which is called Manana

General Dealer situate at 1386 Kagiso. My son was with me as well as two young assistants;

A black constable came to my shop and warned me to close my shop as a large number of people were on their way in the direction of my business;

15/... 000847

15

My son and I were hastily escourted to my

bakkie which was standing outside and which

was stoned by a group of people as we drove

off. Thereafter the mob turned onto my shop

and severely damaged it to an extent of

approximately R40 000,00;

Thereafter on or about 11 October 1985 a second

attempt was made to burn my shop down when

it was attacked with petrol bombs and an

endeavour was made to blow it up with dynamite

during the night. I did not suffer any

substantial damage in this second attempt.

9.6 In a third attempt on or about November

my business was attacked by people throwing

- v.** stones at it as a result of which I suffered

* * - some damage;

On or about 11 October 198 5 an attempt was made

to damage my house whilst my family and I were

in the house. It was approximately 20h00 when

I heard a very loud explosion outside. I went

outside and people told me that an attempt was

made to blow up my house. It was unsuccessful 000843

16 .

for some or other reason as the police found the following morning that the explosion went off in the garden. The police then told me that it was clear that the same device was used as that some time earlier at one of the

Primary Schools.

Even with police protection it is as at the present momemt not safe for me and/or-my family to go out onto the streets o-f Kagiso.

It is however very comforting to know that the

South African Police and the Defence Force is 7 present and active in our area and that one can make use of their protection should it become necessary. I firmly believe that if the police and defence force should withdraw from our arecf absolute pandemonium and chaos would break loose as the criminal and unlawful elements in our community would be free to do whatever they want to.

IP 000849

17.

7 ' ______

I certify that on the J f - T t b day of M ( W e f t 1986

in my presence at JOHANNESBURG the Deponent signed this

Affidavit and declared that he knows and understands the contents hereof, has no objection to taking the oath and considers this oath to be binding on his conscience and uttered the words "I swear that the contents of this Aff aew€^«"« . Safcisyt National 3 PrifcWd St. Bfanc.y0^nnesauro

COMMISSIONER OF°OATHS^ ^aMg91’ 000850 D J'oo'y IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

In the matter between:

KRUGERSDORP RESIDENTS' ORGANISATION First Applicant

DIKEME JOSHUA MAGOTLA Second Applicant

BETHUEL MONGWAKETSI Third Applicant

JACOB SAFATSA Fourth Applicant

SAMSON MAHATANE KATAKA Fith Applicant and

THE MINISTER OF LAW AND

ORDER First Respondent THE DIVISIONAL COMMISSIONER OF POLICE, WEST RAND Second Respondent

THE MINISTER OF DEFENCE Third Respondent

AFFIDAVIT.

I, the u n d e r s i g n e d

CATHERINE KGONGOANE

2/. . .

M' 000851 t

2.

hereby make oath and say:

I am an adult female and reside at 1386,

Munsieville. I am married and have three

c h i l d r e n .

I am 62 years old and was elected to the

Town Council of-Kagiso unopposed during

1983.

I am the Councillor for ward 11.

Save where otherwise stated the facts deposed

to herein are within my personal knowledge

and are true and correct.

I am a teacher by occupation and previously

taught at a Nursery School, the Dorothy

Baba Creche in Munsieville. Because of threats

to my life I am unable to carry on my occupation

as a teacher.

I was born in Kagiso (then called the Lewisham

location) and have since 1948 lived in Munsieville. I-have read the Affidavit of Mr LESAOANA

EDWARD MOEKETSI and in general agree with and confirm the allegations set out therein especially those relating to the Applicant's locus standi to institute these proceedings, the general situation of unrest and violence in our community and the absolute necessity of the presence and protection of the South

African Police and the Defence Force in our a r e a .

I have received numerous threats that I should resign as a Councillor and that I would be killed if I should refuse. I have consistently refused to resign with the result that I have been promised "a necklace" (a tyre filled with petrol is put around your body and is set alight).

During June 1985 I was ill in bed at my h o u s e .

On that day a funeral was held of a boy who was stabbed to death in Kagiso in a fight with another boy over a girlfriend; 000853

4.

The funeral was held in Munsieville but not in my ward and I did not know the deceased at all.

In the course of the day an unknown person came to my house and warned me not to go out or to go to the funeral as I was supposed to be burnt on that day. At the time I did not believe what this person had told me.

The same person also told me that the people were singing songs at the funeral about the two councillors of Munsieville and that if the people sing about you and your name is mentioned, you can generally expect an attack on your house and/or your life.

At approximately 16h00 approximately 800 of the people who had attended the funeral came to my house instead of going to the house of the deceased for the ceremony of the washing of the hands.

My husband and I as well as my youngest child was at home and my house w a ’s guarded by a

5/. 000854

5.

black constable who was armed with a shotgun

and a pistol.

The people started throwing stones at my house

and proceeded to break all the windows. When

this started I phoned the police who arrived on the

scene shortly afterwards and chased the people a w a y .

My house was severely damaged and I was forced

to stay in the hotel for approximately one

week whilst the damage was repaired.

Thereafter I again received numerous threats

to resign as Councillor otherwise I would be killed on the 16th December 1985. Friends and relatives pleaded with me to leave my house which I refused to do.

Because my house was properly guarded on the

16th December 1985 my execution was then postponed to Christmas. Fortunately no attempt was made on Christmas probably because of the fact that my house is properly guarded.

Because of these threats, I am unable to go

6 000855

6 m

anywhere. I have in fact been forced to

stop my work since December 1985 and we

have very little to live from as my husband

is retired and he receives a very small pension.

20. I have never harmed any person of Kagiso

and/or Munsieville and have in fact given

my whole life to the community of Kagiso

and Munsieville.

21 . I do not believe that these threats come from

the law abiding people of Kagiso and/or /

Munsieville. Fortunately I also get numerous

telephone calls from people who tell me that

they still support me but that they cannot

do so in public in fear of their lives.

22. I firmly believe that the threats to resign

and the threats against my life come from

outside and liberal and radical elements

rather than from the people of Kagiso and

Munsieville.

These radicals threaten and intimidate the

ordinary law abiding people of Kagiso and 000856

7.

Munsieville and are using this area to

further their political aims and objects.

I certify that on the M l ^ day of /v7 4 -& C J 4 1986 in my presence at JOHANNESBURG the Deponent signed this

Affidavit and declared that he knows and understands the contents hereof, has no objection to taking the oath and considers this oath to be binding on his conscience and uttered the words "I swear that the contents of this Commissioner of Osfhs by virrue of rr>y ofrics as Manager o< A f f i d a v i t are true so help me God.^day* National B*w-fcfonited Priicastd Sh Bra/^^^ohayf»iburg

Manage COMMISSIONER OF OATHS

JA M ES Jh^ L L IP S H CnSO U RG H HI JCHAKN'SScUna _ - m*.s t* -.*■:■%*«*w l ■*• L . ‘ 3 - v ± --• -«&r \j? •••.•’* ^ >•,•’ % ■ 'r '

000857 Z ? T ^ /O IN DIE HOOGGEREGSHOF VAN SUID-AFRIKA

(WITWATERSRANDSE PLAASLIKE AFDELING)

In die saak tussen:-

KRUGERSDORP RESIDENTS' ORGANISATION Eerste Applikant

DIKEME JOSHUA MAGOTLA Tweede Applikant

BETHPEL MONGWAKETSI Derde Applikant

JACOB SAFATSA • Vierde Applikant

SAMSON MAHATANE KATAKA Vyfde Applikant

-en-

DIE MINISTER VAN WET EN ORDE Eerste Respondent AFP ELINGSKOMMISSARIS VAN

POLISIE WESRAND Tweede Respondent

DIE MINISTER VAN VERDEDIGING Derde Respondent

EEDSVERKLARING

Ek, die persoon wie se kruis onderaan hierdie eedsverklaring voorkom, verklaar onder eed soos volg;

Ek is *n 75-jarige Swartvrou en verklaar onder

eed / eed soos volg: Die feite hierin vervat is binne my persoonlike kennis tensy anders vermeld,

of uit die konteks anders blyk.

Ek woon in Kagiso Twee sedert 1958 (toe Kagiso opgerig en geopen is). Ek versoek eerbiediglik

dat my identiteit nie geopenbaar word nie,

aangesien ek bevrees is vir my lewe.

Daar is verskeie jeugdiges in Kagiso wat hulleself

"Comrades" noem. Hierdie "Comrades" het onder andere h liedjie gemaak in Tswana wat se "Ons koop nie in die dorp nie ens." Dit gaan gepaard met die klap van hande.

Gedurende Desember op h dag waarvan ek nie die datum kan onthou nie, was ek in 'n bus van

Krugersdorp af na Kagiso oppad, toe ’n Swart jeugdige die bus deursoek het op soek na verbruikersgoedere. Hy het aan die insittendes gese dat ons nie goedere in die Blanke gebiede 000862

- 6 -

DAT SY DIE VOORGESKREWE EED AS BINDEND OP HAAR GEWETE BESKOU. 000863

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

In the matter between

KRUGERSDORP RESIDENTS' ORGANISATION First Applicant

DIKEME JOSHUA MAGOTLA Second Applicant

BETHUEL MONGWAKETSI Third Applicant

JACOB SAFATSA Fourth Applicant

SAMSON MAHATANE KATAKA Fifth Applicant and

THE MINISTER OF LAW AND ORDER First Respondent

DIVISION COMMISSIONER OF POLICE 0 WEST RAND ' Second Respondent

THE MINISTER OF DEFENCE Third Respondent 000864

2

I am the person whose thumb print is affixed

the end of this statement which I make under oath.

I am not prepared to disclose my identity because

I geniunely fear that by doing so, my own safety

and that of members of my family will be endan­

gered, for the reasons set out hereinbelow.

I am a teacher in one of the areas under discussion

and I was born and raised in one of the said

areas. I therefore have personal knowledge of the facts herein contained and such facts are to the best of my knowledge true and correct.

I am aware of the existence of the First Applicant.

I am also aware of the fact that the First Appli­ cant arrange regular meetings to take place within one of the areas under discussion. Save as herein­ after stated I do not attend meetings arranged 3

by the First Applicant.

On Sunday, 5 January 1986, a young girl of approxi­ mately 14 years of age approached me and informed me that I was required to attend a meeting arranged by the First Applicant. I was informed that all teachers in the aforementioned areas were required to attend the said meeting which was called by the First Applicant.

The meeting took place at the St. Peter's School.

The aforementioned young girl informed me that

Sister Bernard Hcube sent her to call me to the meeting.

When I arrived at the St. Peter's School the meeting was already in progress. Initially it was presided over by the Second Applicant but at a later stage the chair was handed over to

LAWRENCE NTLOKOA. 000866

4

8. We were informed about a meeting which had taken

place at the University of Witwatersrand at which

meeting it was decided inter alia that Black

children should only return to school on 28 January

and not on the official day for the opening of

Black Schools, being 8 January 1986. We were

further informed that the meeting was called

to establish a parents/teachers/students associa­

tion. We were told that Kagiso teachers were

not assisting students in their struggle and it

was time they started doing so. They said teachers

should elect a committe to liaise with parents

and students to co-operate in the struggle to

obtain free education for all Black children.

The members of the executive of the First Applicant

were told by some of the teachers present that

such a committee could not be formed because

of the fact that not all the teachers in the

area were present at the meeting. They were

requested to explain to us in detail what exactly

was required of us and to postpone the meeting

until such time as all the teachers in the areas

under discussion could attend.

...... /5 000867

5

Thereupon the meeting was postponed to 8 January

1986 and we were informed by the aforesaid com­

mittee members that representatives of the Soweto

Parents Crisis Committee would be present at

the continuation of the meeting and would explain

to us what exactly was required of us in our

capacity as teachers in the relevant areas.

On 8 January 1986 Mr. Mohodisa from Dopsonville

presided at the meeting. He is a teacher. The

Reverend Tsele was also present at the meeting

and at times he took over the chair from the

aforesaid Mohodisa!

At this meeting we were informed that the teachers

in the relevant areas were too inactive as compared to teachers in other areas. We were requested to elect a committee and the following persons were elected to serve on such a committee: Mr.

J. Sejanamane, Mr. Z. Moloantwa, Mr. Yumba, Miss.

Koki Ramphore, Mrs. C. Molebatsi and Mr. Letsolo. 6

These were the only two meetings of K.R.O. attended by me.

On 8 January 1986 the Black children returned

to school. They however refused to attend classes

and spent most of the day singing freedom songs.

The ages of the children attending the school

at which I teach range from approximately 10

to 18 years. Since 8 January 1986 there is

absolutely no discipline amongst the children.

They arrive at school any time they wish and

leave whenever it suits them. They refuse to

attend classes and one of the reasons advanced

by them for refusing to attend classes is the

fact that they are not prepared to buy their own books but that they want to receive books free of charge from the Government.

As a resident of Kagiso I am aware of the activi­ ties of a large number of youths who are called the "comrades". I am also aware of the fact > that Court trials are being conducted by so called 7

People's Courts at the St. Peter's Church. I

know that residents are brought before such Courts

by the comrades where such residents are being

sentenced by the Court, which sentences consist

mainly of cor-poral punishment administered by

members of the comrades.

I have also witnessed attacks by groups of young

people on motor cars and houses and buildings.

In the main, these attacks are directed at property

belonging to the Village Council and to large

corporations. These attacks are carried out

by residents of the areas concerned and not by

gangsters from outside the areas as alleged by

the Applicants in their papers. The attackers

are generally accepted to be comrades who are

carrying out the instructions of the First Appli­ cant.

I have not witnessed or been subjected to any unlawful conduct by members of the South African 000870

8

Police or the South African Defence Force. I

deny that members of the aforementioned forces

conduct themselves in the manner described by

the Applicants and the Deponents to Affidavits

filed in support of the Applicants' application.

I declare unequivocally that the presence of

the South African Police and the South African

Defence Force in the areas concerned are welcomed

by most residents in such areas. Should they withdraw from the aforementioned areas, chaos will ensue.

I have also witnessed members of the comrades enforcing' the consumer boikots by searching resi­ dents returning from White areas into the Black

Townships concerned and by dispossessing them of goods purchased by them in the White areas and destroying such goods. I have recognised some of these comrades as people who attended the two meetings of the First Applicant at which

I was present. I reiterate that these youngsters who call themselves comrades are residents of the areas concerned and do not belong to groups

/9 000871

■i -•

9

of hooligans from outside the relevant areas.

My attitude as expressed above is known to members

of the First Applicant and to some of the comrades.

I have reason to believe that my own safety and

the safety of members of my family will be en­

dangered should my identity be disclosed. For

this reason I do not intend to append my signature

to this Affidavit. I am however prepared to

affix my thumb print to it and I am furthermore

prepared to appear to the Judge hearing this

matter in Chambers in order to satisfy him that

I am indeed the person who testified to the facts

contained in this Affidavit.

DEPONENT

I CERTIFY that on the rtVlT: day of ’rT'iV: . . 1986,1986 in my presence at JOHANNESBURG, the Deponent signed ^ >

this Affidavit and declared that he:

/10 00087

10

(a) knew and understood the contents thereof

had no objection to taking this oath; and

considered this oath to be binding on his con­ science ;

and uttered the words "I swear that the contents of this

Affidavit are true, so help me God."

COMMISSIONER OF OATHS

G ''”T t r c m a S MA-'TIWiUS P’ lHSlOO KCMM:SS.A;V3 E y-H: E>: 'JF r!C :0

w .p .a . p l e :n s t r a a t , J ohannesburg ; Collection Number: AK2145

KRUGERSDORP RESIDENTS’ ORGANISATION AND 4 OTHERS v. THE MINISTER OF LAW AND ORDER AND 2 OTHERS 1986

PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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