week he was assaulted by the same detective who then forced him to sign a confession. He is accused of murder and of stealing a bicycle. (IBI)
CASE 190
Torture of a 17 year old Shapeville youth
On February 15, 1993, Mr DT 17yrs) was arrested at a friend's house in Sharpeville
"Police in a casspir and a combi came and drew guns through the windows of their vehicles and I then decided to run away....and they started shooting as I ran. As they were shooting I decided not to run any more and they arrested me. I was then taken to Vanderbijlpark police station where I was shocked At about 22 OOhrs I was taken out of the cells and back into Sharpeville where they said that I should take out firearms. At Sharpeville as I was denying any knowledge of the guns, a certain policeman said I was mad and he put a gun inside my mouth threatening to shoot me. I was then taken to Sebokeng where a bottle was put on my head and shot from my head by a white policeman. The policemen then drove with me to Sharpeville where I was shot in both thighs, and then I was taken to point out one of the ANC Youth League members who was ordered to clap (hit) me, and he did it for fear of being assaulted, and they laughed as he clapped me, and also hit me with the butt of a gun I was then taken to Vanderbijlpark hospital where I spent five days."
The ANCYL member who was forced to assault Mr DT also described the incident;
"The black policeman said Trap horn', meaning assault him. They were instructing me to clap Daniel. I therefore hit him with my right hand on his left cheek. Then Daniel requested that they kill him Two white policemen were manhandling Daniel, they threw him onto my bed. One of the white policemen pulled out a 9mm gun, unloaded the magazine and held it by its barrel. He said 'Jy pla die mense' (You annoy people). He then hit Daniel at a great impact on his head .... the policeman struck three blows on Daniel's head. From my looking I could realise the blows were painful. Daniel then said the weapons are at another person's house. He was crying at the times from the blows."
Subsequent to his arrest and assault Mr DT was charged with armed robbery and was held in custody for two weeks. After appearing in court he was released into his parent's custody. It later emerged that Mr DT was being charged for stealing a wheelbarrow and a lawnmower. On May 10, 1993, Mr DT was found not guilty of these charges. On June 6, approximately eleven
153 policemen arrived at Mr DT's house in Sharpeville and shouted to his family inside the house that if they did not come out of the house they would all be shot. Mr DT was again arrested, this time for allegedly escaping from prison. He appeared in court on June 24 and the charges against him were withdrawn.
Mr DT is sueing the police for damages. (Peace Action Report - "Alleged SAP Misconduct", 1993)
CASE 191
Torture of Mr LH
On September 2, 1992, Mr LH was arrested at his home in Boipatong by detectives who took him to what he has described as a stable in the veld. He says that his face was covered by a balaclava and he was shocked with an "old ring phone with two wires" on his abdomen and genitals.. He says that the torture lasted for some hours after which he was locked up in Sebokeng police station. He says that he was tortured intermittedly over the next seven days by the same methods. He appeared in court and was charged with arson. He was acquitted at trial. (IBI)
CASE 192
Torture of Mr SH
In September 1992, police came to his home looking for his brother (Lovers). He says that he was assaulted in front of his family and again at Sebokeng police station by policemen. He says that he was also beaten with a baseball bat. He sustained a number of cuts and bruises. He was charged with obstruction and given bail. He appeared in court four times and charges were then withdrawn. (IBI)
CASE 193
Torture of Mr EM
Arrested in 1992 and charged with murder. He was taken to Sebokeng police station where he was taken to a big room full of tyres. He was instructed to sit on a chair and his arms were fastened to the arm-rests. A piece of car inner tube was then pulled over his nose and mouth from behind, thus resticting his breathing, and was questioned about the murder of a KwaMadala resident. He was later taken to the veld where he was held by two policemen while a third assaulted him. One policeman apparently took a flying kick at Mr EM
154 causing him to fall back. Another policemen then throttled him until he lost consciousness. (IBI)
CASE 194 •4 Assault and torture of Mr ET
Arrested in July 1992, by policemen who said that he must point out the whereabouts of a particular individual. He was assaulted with fists and boots and had cigarettes burnt on to his body. He is currently charged with murdering an IFP member in Boipatong. (IBI)
SASOLBURG
Although Sasolburg is in the Orange Free State, it is generally regarded as part of the Vaal Triangle, falling within the urban connurbation of Vereeniging & Vanderbijlpark. Often crimes committed on "the other side" of the Vaal River are investigated by Vaal Triangle Units, based in Gauteng. It is however unclear as to what criteria determine whether units from Gauteng investigate cases in the OFS jurisdiction.
CASE 195
Assault and torture of three alleged car thieves
Three men were assaulted and tortured by members of the South African Police following their arrest on April 23, 1991. The three men were detained at Sasolburg police station until April 25, 1991 and then at Sasolburg prison until May 10, 1991. They were charged with motor vehicle theft and were found not guilty. All three were severely assaulted at the police station and subjected to degrading beatings and torture, including electric shocks, tubing, suffocation, & strangulation. These assaults took place in a room referred to as the "waarheidskammer".
All three men are sueing the Minister of Law & Order for maliscious prosecution and damages caused by the assault. (R M Robinson)
155 WEST RAND
WEST RAND HOUSE-BREAKING UNIT
CASE 196
Torture and subsequent death of Mr ERK
On June 2, 1994, Mr ERK allegedly collapsed and died during interrogation by members of the West Rand House-Breaking Unit. An investigation is underway following indications and allegations that Mr ERK was tortured and may have died as a result of this torture. An investigation is also underway into the a possible cover-up by other members of the unit and other senior policemen in the region. (PRO/CIU)
KRUGERSDORP POLICE
CASE 197
TEFO KELEBONYE & HEINRICH BOHMKE
Arrested in April 1993 in connection with a handgrenade attack on the Roodeport offices of the Conservative Party, Mr Kelebonye and Mr Bohmke were allegedly tortured and tormented at police stations in Johannesburg, Krugersdorp and Brits. Mr Kelebonye alleges that he was picked up from his university residence in the middle of the night in late April. He was allegedly hooded and taken to a park where he was beaten and threatened with death if he did not reveal the wherabouts of another ANC member. He was taken to John Vorster Square, where he alleges he was taken to the 10th floor and forced to sit in an office chair. A wet towel was allegedly pulled tightly aound his face from behind whilst he was punched in the stomach.
The next day, Mr Kelebonye says that he was taken to Krugersdorp police station and told that he was being detained under Section 29. The following day he was taken to a policeman's office in Krugersdorp where he was forced to lie on the floor. His hands and feet were tied together behind his back and a policeman sat on his back whilst suffocating him with the inner tube of a car tyre. He was allegedly kicked in the ribs whilst this was happening. The following week he was again hooded and taken to Brits police station. He alleges that he was forced to lie on his back. The pin was pulled out of a hand-grenade and Mr Kelebonye says that he was instructed to clasp the grenade between his teeth. With the grenade in his mouth wires were attached to his toes and he was subjected to electric shocks. "I screamed through my teeth, terrified that the grenade was not a dummy but really alive". Mr Kelebonye says that he was also taken to a farm where he was stripped
156 and made to stand in front of Brits policemen who appeared to be braaing and drinking beer there. They allegedly made him sit next to a security fence which gave him electric shocks when he touched it. Mr Bohmke who has yet to publically reveal details of his experience at the hands of the police is believed to have also been severely tortured. He is believed to have been tied to the same security fence whilst electricity was passed through it. (W/Mail-16/7/93 SlBI)
WESTONARIA CID
CASE 198 « .^
Torture of Mr SM
On February 6, 1994, Mr SM was taken from his home in Zuurbekom, west of Soweto, by two members of Westonaria CID. On arriving at their offices he was interrogated and assaulted. He was hit on the left side of his head. He was then blindfolded and forced to sit on the ground while his hands were tied together in front of him. Electrodes were then attached to his buttocks and he was repeatedly shocked. At one stage, due to the fact that Mr SM was rolling on the ground, a metal pipe was placed between his knees so as to prevent him from doing so. After the interrogation terminated Mr SM was returned to his home. He was not charged with any offence. Mr SM suffered psychological trauma and damage to his left ear. (Campus law Clinic, Wits)
157 EAST RAND
BOKSBURG FIREARMS UNIT
CASE 199
Torture and assault of Thokoza resident
During July 1994, Mr CD of Thokoza was tortured by members of the Boksburg Firearms unit. The unit arrived at his home in two Ford Huskies Registration Numbers: NKN 155 and CBA 721.
The unit also had a person with them known as "N". He was questioned about firearms. The policemen searched his home damaging his wardrobe in the process. They ripped up the hardboard at the back of the wardrobe and smashed the wardrobe door. They also damaged the mirror in the dressing table. Mr CD's electric guitar stand was also damaged. The incident occurred at aproximatey 12 midnight. At least five policemen arrived one of which was black the others were white.
Mr CD says that when the police arrived and said that his wife should leave his room . He was then told to lay on the bed and his hands and feet were bound behind his back. One of the policemen then opened what Mr CD describes was a small metal box which was brown in colour. Mr CD says a rubber inner tube was taken out of the box and he was then tubed twice. Mr CD was told that he was a SOU commander and he was asked to point out Mr HM and Mr MM. Mr CD then pointed out the two houses and the police then went to these two houses. At the one house they found two AK47s and at the second house 1 Ak47. Two people were then arrested (The two people who were arrested were photographed and asked to identify certain photographs by the SAPS). - (IBI)
CASE 200
Torture of Thokoza resident
On August 24, 1993 at approximately midnight, seven policemen came to his home in Thokoza. It has been established that some of these policemen were from the East rand Firearms Unit, Boksburg. The police beat on the doors and the windows. When he opened the door he was confronted by three armed men. He was slapped immediately and had firearms pushed against his head and abdomen as he was forced into the house. He was also repeatedly punched. His wife was threatened and he was then forced into the main bedroom where he was forced to lie on the bed on his stomach. Mr AN thought that he was going to be killed and requested the policemen to kill him outside so that his children would not see. At this stage another four
158 policemen began to search his house. Mr AN was then tortured by the "choke" method, using the inner tube of a car tyre. He was forced to lie on his stomach, his hands were tied behind his back, while his ankles were fastened together and then tied to his hands. The ropes cut into his wrists and ankles. There were five policemen in the bedroom at this stage. A policeman sat upon his shoulders and others pressed down on the back of his thighs with their feet. The policeman sitting on his shoulders placed a piece of rubber inner tube over his face covering his nose and mouth so that his breathing was restricted. Mr AN felt as though he was suffocating. He urinated in his trousers. He tried to shout but his mouth was tightly covered by the tube. He felt desperate for air. The police persisted in covering his face while he tried to make noise. As he was close to passing out, the policeman removed the rubber. While this was happening his wife was in the children's bedroom listening to the noises, which she thought indicated that he was being severely assaulted.
After this, Mr AN was assisted to walk outside the house and was placed in an armoured vehicle. He was then driven to other houses in the area where he was shown as an example of what the police were capable of doing. Two of his neighbours were then tortured in a similar manner. He was then taken to Thokoza police station, after which he was held in custody for several days at the katlehong police station. He appeared in court on August 30, 1993, but charges were withdrawn against him on September 30, 1993. (Campus Law Clinic, Wits & IBI)
UNREST & VIOLENT CRIME UNIT - NYONI FARM
Over 150 people were detained by the above unit in August 1993 and held for 30 days without trial under the unrest regulations. While some of the detainees alleged they were assaulted by members of the South African Defence Force the majority were subjected to serious assault, electric shock treatment and tubing by members of the Political and Violent Crime Unit as well as the Benoni CIS and members of the SAP based at Putfontein Police Station.
In the majority of cases there is medical evidence which confirms the allegations of torture and serious assault. On the basis of evidence gathered by the Board and attorneys Nicholls and Cambanis an urgent interdict preventing further torture of the detainees was handed down by the Rand Supreme Court.
Many of the detainees complained of being given electric shocks. Makgowa Johannes Letele(19) was arrested on August 17 1993. Letele alleges that a tube was placed over his face and he was hit with stretched piece of tube and electric shocks were applied to his genitals. Medical evidence supports Letele's allegations.
159 Most of those arrested are youths accused of being involved in self-defence units. Some of the detainees who were Zulu speaking were told that they would be dropped off at Phola Park an ANC stronghold while non-Zulu speakers were told that they would be given an ANC T-shirt and dumped at the hostel. It is clear that the assaults and torture were across the political divide and that many of the arrests were based on hearsay evidence at best and at worst on informers who in many cases had an axe to grind with one or other person in the community. Some detainees were forced to sign confession against their will and in some cases implicated innocent people in criminal activities just to stop the torture sessions.
When the three month declaration of an unrest area expired on August 27, the detainees at Boksburg were woken up at midnight and in many cases forced to sign their re-detention orders. In one particular case, a detainee refused to sign the form and a member of the SAP took out a pair of pliers and twisted the detainees flesh on his back. The policeman stopped after being reprimanded by the head of the Boksburg Prison, Colonel Steynberg.
(COURT PAPERS, IF NOT ATTACHED TO THE DOCUMENTATION, ARE AVAILABLE FROM THE INDEPENDENT BOARD OF INQUIRY)
CASE 201
Torture and assault of 16 year-old youth
Mr MM was arrested with Mr HX on January 9 1994, the day ANC leaders Cyril Ramaphosa and Joe Slovo came under attack from the Mazibuko Hostel while touring the East Rand township of Katlehong. Mr MM who was 16 at the time was arrested later that same afternoon with Mr HX. Mr HX was admitted to the Natalspruit Hospital while Mr MM was taken to the nearby Internal Stability Division base. At the base he was assaulted several times by various members of the ISO, Unit 19. At one stage Mr MM was chained to an Nyala (armoured vehicle) and kicked and punched by several policemen as they passed by. At a later stage during the evening a rope was wrapped around his body and he was spun like a top and his body would then smash into the wall.
Later he was taken to his home in Ramkonopi West, where his mother Ms CM failed to recognise him because of the injuries to his face. Mr MM was later taken to Nyoni Park, the headquarters of the Unrest and Violent Crime Unit in Vosloorus. At Nyoni a policeman of considerable bulk sat on his back and then pulled a rubber tube over his mouth and nose which prevented him from breathing. This was done several times in order to force Mr MM to sign a statement. A dog by the name of "Stoffel" was set on him and he then signed several statements.
Despite two formal bail applications, bail was denied.Mr MM was eventually released on a R1000 bail after five months. Mr MM faced charges of
160 possession of a handgrenade and an AK 47. These charges were withdrawn in October 1994.
The SAP are currently in the process of re-instituting these charges. (IBI)
CASE 202
Torture of Mr PN
Mr PN (21) was arrested on January 9, 1994. Mr PN had been attending a ZCC church service in Katlehong. When the service finished he went outside and saw crowds of people toy-toying as Mssrs Slovo and Ramaphosa toured that area of the township. He did not see either man. Shortly after leaving the service he heard gun shots coming from the Mazibuko Hostel. People in the area scattered and he ran to his home. On reaching home he found the two children he had attended church with were at home but his grandmother had not returned. He then went out to look for her He did not find her and returned home. As he approached his house he saw a large crowd of people and a helicopter hovering above his home, as well as several members of the ISO standing close to the crowd. Mr PN entered the gate and was asked by an ISO member whether he was staying at the house. When he answered yes, he was grabbed kicked and beaten by ISO members. He was accused of having a long gun and thrown into a casspir. Mr PN was made lie down on the floor of the casspir and was kicked and punched. He was taken to the ISO base at Mphanga section, Katlehong, just behind the Natalspruit Hospital. At the base he was taken into a room and several ISO members were told that he had been found with a gun. He was then slapped several times. He was later taken to the Alberton Police Cells where he met Mr MM.
The following day Mssrs PN & MM were taken to Nyoni Park and were told "Today you will speak the truth". Mr PN said in a statement said that although he and Mr MM were separated, he could hear Mr MM crying. Mr PN was then taken to the same room (corrugated iron shack) that Mr Mathe had been in. He saw Mr MM and said that his face was swollen and blood was coming from his mouth. Before Mr PN could answer any questions a large white policeman slapped him around the face and he fell to the ground. This policeman then started kicking him. While Mr PN lay on the floor handcuffs were put on him and the obese policeman sat on top of him and took a tyre tube and covered his mouth and nose. He was repeatedly questioned about the gun and told that if he did not answer the questions he would be taken to Primrose Police Station (well known in the East Rand as a place of torture).
Mr PN was then taken to the room and he saw more detectives arriving at Nyoni. These detectives asked the policemen already at Nyoni who had beaten him. When it was explained what was going on the new police arrivals beat Mssrs MM & PN again and again set the dog on them. The two were then taken to Primrose police station. The following day they were taken back
161 to Nyoni Park where they were again beaten and tubed. Mr PN then signed a statement which he was not allowed to read and he was taken back to the Alberton Police Station.
On Wednesday Mssrs MM & PN were taken back to Nyoni Park and told to confess that they owned the guns. When they refuted this they were again beaten and tubed. Eventually Mr PN said the gun was his because he thought he was going to die.
Charges against Mr PN were withdrawn several weeks later.(IBI)
INTERNAL STABILITY DIVISION/RIOT UNIT (AKA - ISO / ISU)
CASE 203
DEATH OF MMKELO MNYOMBOLO
On Wednesday July 6 1994, a vehicle returning from Lady Frere in Transkei to Phola Park was shot at and the driver killed. According to a surviving witness policemen in blue uniforms in a yellow casspir were mannning a roadblock at a set of traffic lights on the Phola Park road. As the vehicle approached the roadblock it seemed as if the police were involved in some kind of shoot out with criminal elements within Phola Park. The driver of the vehicle Mmkelo Mnyombolo then decided it would be safer to park at his work place in Alrode until morning. He then proceeded to his work place. He was stopped at a roadblock and the vehicle was searched. According to one of the surviving witnesses, Mnyombolo then drove off. He did not wait for the command to do so and the police the allegedly radioed ahead and the a second police vehicle approached from Alrode and Mnyombolo was shot dead. The two survivors a man and a young girl jumped out of the car and hid in the trees near Angus Sation until morning.(IBI)
CASE 204
SISULU SOU MEMBERS - THOKOZA
On Saturday July 2, members of the Sisulu SOU heard gunfire around 23h30. Four members of the SOU went to investigate the shooting which allegedly eminated from a police casspir parked on the backroad where Angus station is situated. The four saw a further four casspirs parked on the road. The four then ran into what seemed to be an SAP foot patrol. The policemen were all white and wearing blue uniforms and seemd to have got of the yellow casspirs. The four were apprhended and made to lie down in the dirt. They were slapped about and one of the four had live ammunition in his trouser pocket. The four were then told that they were under arrest and were then
162 told to move towards the casspir. As they were moving towards the vehicle two other SOU members appeared. They were told to stop by the police but they failed to do so and the police opened fire. One ran away the second person was apprehended. One of the youths arrested in the first group then heard the police talking among themselves. They allegedly said that their plan had backfired because one of the youths had escaped. All five were then released. (IBI)
CASE 205
Shooting of 16 year-old
On Saturday October 30, 1993 Mr SD (16) was shot in the hip by members of the ISO and then dunked in a sewerage pipe. He was later taken to Natalspruit hospital for treatment and later transferred to the Alberton cells. On Monday November 1, IBI established that there was no charge against Mr SD and he was eventually released. (IBI)
CASE 206
DEATH OF THABISO CHAANE
Thabiso Chaane (16yrs) was shot dead by members of the ISO on Sunday October 24, 1993. According to eyewitnesses members of the ISO entered Thokoza's Sisulu Section (Basotho Section) after coming across a stolen vehicle. According to the witnesses, many of them elderly, the ISO immediately began to harass the youth in the area. Tempers on both sides were raised and gunfire was exchanged. During this period Chaane was at home in his bedroom. Upon hearing the commotion and being a member of the SOU, he took his firearm and left the house. He was immediately spotted and chased.
According to witnesses he was shot in the leg. He fell over and threw his gun towards advancing ISO members. Eight ISO members then allegedly surrounded Chaane and opened fire. He was killed instantly. Members of the ISO then went to their Nyala (armoured vehicle) and removed a firearm which they placed next to the body. Pictures were then taken. In the meantime a large angry crowd, many of whom had witnessed the incident, began to gather. The ISO then opened fire with birdshot and several old women were injured. (IBI)
163 CASE 207
DEATH OF ZIPHIWO GALADA
On October 17, 1993 Ziphiwo Galada (22yrs) was shot dead by members of the ISO. Two other youths were arrested in the same incident. One of the youths was eventually released into his parents custody. The other youth who was arrested, Linda Aaron Radebe was never seen alive again. On Tuesday October 19, 1993 IBI established that Radebe was being kept at the Alberton police cells, following reports from several people who had seen him there. He had told them that physically he was all right, but he did complain that he had been subjected to electric shock torture at "Vlakplaats", the headquarters of the Unrest & Violent Crime Unit in Vosloorus (aka Nyoni Farm).
According to witnesses, several policemen came to the cell at about midnight and wanted to take Radebe out with them. Radebe refused to go and took out his attorney's card. The card was torn to pieces by one of the policemen. Other people in the cell protested and teargas was sprayed at them. Radebe was subsequently forcibly removed from the cell. IBI and members of the Radebe family then visited several police stations, courts, prisons and the mortuary looking for Radebe. IBI also organised lawyers to requsition Radebe for a bail application, but he was nowhere to be found.
An IBI researcher then went back to Alberton police station and asked to see the Occurrence Book (OB) register. Radebe's name was not entered in the book, but all the witnesses referred to above who were in the cell were registered there. IBI was also informed that the cell book for the period was missing. On Thursday November November 4, the Radebe family once again visited the local Germiston mortuary. Linda Radebe's body was there. He had an injury between the eyes and his genitals had been burnt. According to the mortuary record his body was found in Andries Street, Thokoza. No such street exists in Thokoza. The last time Linda Radebe was seen alive was in the custody of the SAP. (IBI)
CASE 208
DEATH OF GEORGE MDLALOSE
On October 10, 1993 George Mdlalose (18yrs) was shot in the foot by members of the ISO. On October 11, his father, Mr Selby Mdlalose, went to "Vlakplaats" (aka Nyoni Farm) and was informed that George was not there. Mr Mdlalose found his son in the Germiston mortuary. His face was burnt with what appeared to have been an iron. George Mdlalose was last seen alive in the custody of the ISO. (IBI)
164 CASE 209
Shooting of Mr TM
On September 9, 1993 Mr TM claims that he was shot in the leg by members of the ISO. Whil£ lying on his back he says that he was surrounded by ISO members who proceeded to shoot him several times in the stomach. He was later taken to hospital by the ISD. (ISO)
CASE 210 *• -*. DEATH OF ISRAEL MABOTE
On October 1, 1991, Mr Mabote, a local youth leader in the East Rand, was arrested at his home at approximately 03 OOhrs, by approximately a dozen black and white policemen who were wearing camouflage uniform. He was taken to a "farm", just outside Vosloorus where he was questioned and accused of involvement in massacres and assassinations. He was also accused of being a member of MK. Mr mabote refuted their allegations. He was then taken to a mine dump where his hands were bound behind his back, he was forced to lie on his stomach. He was then tubed, whilst one of the policemen present put brake fluid inside his anus, so as to further restrict any emmissions of air. He was repeatedly kicked and punched during this process. Mr Mabote was then returned to the "farm" where he was kicked and beaten again. His interrogators threatened to dump him at one of the nearby hostels. Mr Mabote was released following the intervention of senior ANC figures, including Nelson Mandela. (IBI & The Independent - 7/10/91)
GERMISTON CIS
CASE 211
Torture of WM
Mr WM was arrested at Phola Park, Thokoza on the 27 August 1993. Mr WM said the police surrounded Phola Park and all the men were ordered to file past a hippo. Mr WM was informed that he was actually called Radebe and when he denied this he was assaulted. A tube was placed over his face and he was shocked on his private parts at Germiston CIS. He alleges that a senior officer was present during the assault.
165 CASE 212
Torture of Mr SM
Mr SM was arrested from his home in the early hours of December 14, 1992 by members of Germiston CIS. He was taken to their offices in Germiston where he was questioned about his involvement in recent murders and about AK47s. On December 15, Mr SM was taken to another room, where he was forced *o lie on the ground and was subjected to electric shocks on his upper back, whilst he was pinned down and interrogated. He was eventually released without being charged. (IBI)
CASE 213
Torture of Mr SM
Mr SM was arrested on November 29 1992 by members of CIS based at Germiston at his home 6891 Mpatane Street, Thokoza. His home was searched but nothing was taken. He was taken to the CIS offices at the Bank of Athens building in Germiston. Mr SM says that he was tubed and wires were attached to his private parts. This was done by a white policeman. Mr SM claims that he was tortured on the orders of the policeman who took him the CIS offices. (IBI)
CASE 214
Torture of three Phola Park residents
All three arrested on June 3 1992 by Germiston CIS. Mr NCM alleges that on white policeman ordered two other white policemen to attach electrodes to his private parts and shock him. He was also tubed and slapped around the face.
All three were then taken to Newlands Police Station where they were held under Section 29 and allegedly tortured daily. According to Mr NCM he was tortured in the mornings from 9HOO to 12HOO. A rubber tube was put over his mouth and nose and he was slapped on the back. He also claims that water was poured over him constantly. After finishing with Mr NCM& Mr WP was then subjected to similar treatment.
Mr TS was first taken to Germiston and later to a "forest" outside Germiston. An inner tube of a tyre was placed over his mouth and nose and he was kicked and punched.Mr TS alleges that a senior officer was present as well as six other white policemen.(IBI)
166 PRIMROSE
CASE 215
Torture of Mr WM
Mr WM was arrested on April 23, 1992 in connection with various charges of murder and was being held at the Primrose police station. When attorneys saw Mr WM at the police station on May 27, 1992, Mr WM informed them that he had been tortured on two occassions since his arrest, by a rubber tube that was pulled over his face during questioning, thereby restricting his breathing. (IBI)
VOSLOORUS
CASE 216
DEATH OF TSEKO LELATHLA
On December 15, 1993, Tseko Lelathla (16yrs) was accosted by a traffic officer who lived in the same neighbourhood of Vosloorus and was accused of involvment in the theft of car radios. Mr Lelathla was severely beaten and taken to Vosloorus police station where he was again beaten. He was visited the following day by a family member who says that Tseko complained about feeling unwell, that his head hurt and that he was very cold. The following day the family were told that Tseko had died in the police cells. (Peace Action)
CASE 217
DEATH OF BONGANI EDWARD MAKHUBELA
On July 26, 1992 Mr Makhubela (20yrs), died at Vosloorus police station of a brain haemorrhage due to a severe blow to the head. (HRC)
BENONI MURDER & ROBBERY UNIT
CASE 218
DEATHS OF SAMUEL MABUJA & THABISO MOFOKENG
Samuel Magaula Mabuja and Thabiso Mofokeng were shot dead by members of the Benoni Murder and Robbery Unit on December 27 1993 in Vosloorus. Magaula was a member of MK.
167 Mabuja and Mofokeng were killed when trying to investigate and apprehend a well known thief in the township. Earlier in December, Mofokeng's mother reported to Vosloorus Police Station that her home had been robbed and several items were stolen. Some days later she heard that her goods had been taken by a certain person. She reported this to the police station but nothing happened. After a week without response from the SAP she approached the MK office. Mabuja then came to her house and she said that her son Thabiso should accompany Mabuja with their car. All in all there were four people in the car (Blue Skyline) at the time of the shooting. They went to a certain person in the township known as Shimane Maake He was also allegedly involved in the stealing of goods from Thabiso's mother. He allegedly gave them the address of someone else. The four then left in the Blue Skyline.
While they were driving along Chepape Street the car was sandwiched between a Golf GTI and a Monza. These two cars belonged to members of the SAP .The SAP then allegedly opened fire on the vehicle without warning. The witness saw someone lying on the ground and recognised him as Thabiso Mofokeng. The witness saw a second person lying near the passenger door on the drivers side (the witness later recognised this person as Mabuja. The witness claimed Mabutja was injured but ALIVE. The witness heard him say to George (a well known policemen in the area, who now works at the Benoni Vehicle theft unit or firearms unit) "Stop it". Shimane Make the person mentioned earlier then kicked Mabuja and said "Bulala Nja" "Kill the dog" As soon as Shimane said "kill the dog" - a policeman known as ACE who was wearing a black shirt with a white floral pattern came up to Mabuja with a gun. The witness claimed it was an AK47 and shot Mabuja in the back of the head.
The police version of events is markedly different. They claim the four had kidnapped someone and that that person was in the boot of the Skyline. The Board saw the car and if there had been someone in the boot he would of been dead as the car was peppered back, front and sides with bullet holes. (IBI)
CASE 219
DEATH OF SIBUSISO MBETHE
Sibusiso Mbethe (18) was shot dead by members of the Benoni Murder and Robbery Unit. According to the occupants of the house where the shooting took place.
Djejeka's (an alleged criminal) sister Mono pointed out the house. The police then entered through the front door. Djejeka and Sibusiso exited through the back door. Djejeka jumped the fence and threw his AK47 to Sibusiso. It was at this moment that several policemen entered the yard from the main gate and Sibusiso was shot. He had not used the gun and according to witnesses
168 had not been given the chance to surrender He was shot on the leg and under the arm When his brother Vusi Mbethe arrived he was still alive. The incident took place between 13hOO and 14hOO. The ambulance came at 15h30. According to witnesses Sibusiso was still alive when the ambulance arrived but that policemen on the scene told the ambulance men not to bother. Sibusiso Ttaen died. While he was alive he was kicked by various policemen which led to a confrontation between the police and students returning from school. (IBI)
EAST RAND - ASSAILANTS NOT KNOWN
CASE 220
JOSEPH MOTSOENENG
At approximately 02 OOhrs on November 5, 1992, police arrived at the home of Joseph Motsoeneng (22yrs) in Katlehong. The policemen demanded that Mr Motsoeneng show them where his gun was in the house. Mr Motsoeneng said that he did not have a firearm and invited the police to search the house. Instead of searching the house he was taken to Katlehong police station. At the station - "There were four police. They took ropes and tied me around the ankles with the ropes. First they made me lie on the floor on my stomach. My feet were tied to my hands. They took a tyre tube filled with water and put it on my face. The others were kicking me at the samer time. They said that they wanted a gun. I told them that I don't have one. They took a hosepipe and put it around my neck and pulled on both sides. They then stamped on my face."
The following day Mr Motsoeneng said that he was hit in the groin with a rifle and was throttled manually. (Peace Action Report - "Alleged SAP Misconduct", 1993)
CASE 221
Torture of father and daughter
During the second week of September 1991, policemen attempted to break into the Ms AM's house in Thokoza, shortly before midnight. Ms AL let the policemen in through the front door. Ms AL was questioned about a gun and was taken into one of the bedrooms, where she was forced to lie face down on the bed. One policeman held her arms whilst another held her legs. A third policemen then pulled a piece of rubber tube over her face, restricting her breathing. While this happened the policemen continued to question her about the gun. Ms AL was then asked to take them to her father. She was then driven to her father's house. Her mother told the policemen that Mr GL
169 was at his brother's house in Sebokeng. Ms AL was taken with her mother to Sebokeng in a police combi.
At Sebokeng, Mr GL (66yrs) was picked up and taken to a taxi rank where he was forced to lie on his stomach on the ground. His hands and feet were tied together and then to each other and he was then tubed four times whilst being questioned about an AK47. Mr GL said that he would show them where the gun was and they returned to Thokoza, where Ms AL and her mother were taken home. Mr GL told the policemen that he knew nothing about the AK47 and it would be better that they kill him. Mr GL was again tubed and again said he would show them where the gun was, in order to stop the torture. Mr GL says that he planned to take them from house to house until they realised he did not know about the gun. After another fruitless search for the weapon, Mr GL was taken home He was not charged. (IBI)
GAUTENG PROVINCE - DEATHS IN CUSTODY - ASSAILANTS UNKNOWN
CASE 222
NORMAN HLONGWANE
On December 21, 1992 Mr Hlongwane (25yrs) died in Hillbrow hospital following an assault in the charge office of John Vorster Square. (HRC)
CASE 223 MOSES MIYA
On November 8, 1992 Mr Miya was found dead in a police cell in Brakpan, following his arrest in connection with the shooting of a policeman. (HRC).
CASE 224
THULANI NXUMALO
On September 14, 1992 Mr Nxumalo (24yrs) died in Boksburg hospital while held as an awaiting trial prisoner. (HRC)
CASE 225
MPEMELA SALUKAZANA
On July 11,1992 Mr Salukazana (46yrs) died in Hillbrow hospital following an assault by a police reservist. (HRC)
170 CHAPTER EIGHT KWA ZULU / NATAL PROVINCE M Introduction
KwaZulu / Natal has over the last decade been policed by two separate police forces, namely the KwaZulu police (KZP), which fell under the control of the KwaZulu government and policed large areas of the former self governing territory (aha1 continue to do so), and the South African Police (SAP) who were under the control of central government.
In 1992 a detailed report emphasising certain human rights violations was produced by the Human Rights Commission (now Human Rights Committee of South Africa) and the Legal Resources Centre (LRC) in Natal. This report looked at the negative role played by the KZP in the region and concluded that the KZP appeared to be one of the biggest stumbling blocks to peace in the region.
Within this context the question of operational jurisdiction and whether the SAP have had the right to operate in areas policed by the KZP have been sources of controversy and serious tension. During the late 1980s and early 1990s many communities and human rights organisations argued for the necessity of SAP deployment into areas policed by the KZP, particularly during periods of crisis. SAP officers often used the excuse that they could not deploy SAP members in these areas because they had no jurisdiction in areas under KZP control. The case studies indicate that this is not an accurate reflection of what transpired and that members of SAP special units have always operated in these areas
The fact that communities and human rights groups appealed for deployment and assistance from the SAP should not be construed as an indication of complete confidence in the SAP by these communities, but rather that given the negative role played by the KZP, many communities had more confidence in the limited capacity of the SAP.
Because of the public focus on KZP involvement in unlawful practices, misconduct in the SAP has not been under the same degree of scrutiny.
At present there are still two police forces operating in the province, but once the proposed Police Bill is passed by the Constitutional Assembly the KZP will be integrated into the new South African Police Services. This move to establish a single police force for KwaZulu Natal must be seen as a positive step both with regard to addressing the problems inherent within the KZP and also in the light of an urgent need to rationalise resources. However, if the KZP is integrated into the new SAPS without a thorough examination of both the SAP's and KZP's alleged involvement in human rights violations, the
171 consequences for policing in KwaZulu Natal, the most politically volatile province in the country, could be devastating.
Police Shootings
In 1994 the Goldstone Commission's Natal investigation team produced a report for the Commission detailing certain police units involvement in shootings. Unfortunately the report was never effectively addressed by the Commission. Many of the cases contained in this chapter have been drawn from the report and raise questions regarding not only the police version of the incidents, but also police investigations into these shootings, as well as methods of arrest and procedures used for securing suspects. In addition, similar cases have also been drawn from human rights groups which would indicate that problems related to certain shooting incidents continue to exist.
In total thirty six cases of police shooting are listed, resulting in the death of forty eight people. The majority of these cases allege the involvement of the Murder and Robbery Unit or the Internal Stability Unit.
Torture & Assault of Suspects
There are forty two cases of torture and assault listed in this chapter of the report. These cases arose as the result of alleged SAP misconduct during police raids, arrest of suspects and/or during the interrogation of suspects. The victims of such violations have not been confined only to suspects themselves, but also to family members and friends of alleged suspects, as well as people who are found at the premises of an alleged suspects during SAP operations. The majority of torture cases listed relate to attempts by the SAP to extract information. There are cases listed where the torture of individuals occurred after the police had shot dead a suspect. The individuals tortured had been subsequently questioned about matters related to the dead suspect and the suspect's actions. Many cases involve attempts to make suspects give information about the whereabouts of firearms. Cases involving the Murder & Robbery Units usually involve attempts to extract information about the whereabouts of a particular suspect or to obtain a confession from an arrested suspect.
Investigations into Allegations of Police Misconduct
In most of the cases documented, relating to police shootings, the initial investigation into the incident was conducted by a member of the actual unit involved in the shooting. The investigations are often not comprehensive and can be manipulated in favour of verifying the SAP's version of events. Inquest Magistrates and the Attorney General subsequently make decisions about responsibility, culpability and whether to prosecute or not on the bases of these investigations. In the majority of cases recorded it is only where there have been lawyers acting on behalf of the deceased's family or independent monitors involved in the case, that statements were taken from independent
172 witnesses and subsequent questions were raised regarding the police version of events.
One of the major problems has been who to refer matters of police misconduct to within the SAP. Attempts to establish an independent police unit to investigate such allegations was proposed for the Moqi River area in August 1993 However, the proposal was rejected by the then national commissioner of the SAP General Johan van der Merwe. During 1993 and part of 1994 a number of these complaints were referred to the Goldstone Commission investigation team in Natal. This team was unable to ensure that offenders would be prosecuted and could merely submit reports and made recommendations to trie National Goldstone Commission Recommendations were made as the continual flow of allegations against the SAP necessitated urgent action. The establishment of the Police Reporting Officer (PRO) and the Complaints Investigation Unit (CIU) in 1993 for the first time drew on official civilian oversight of police investigations against fellow colleagues accused of committing human rights violations. However PROs have been unable to function effectively and have become increasingly ineffective, to the extent that in some parts of the country, the PRO system no longer exists or existing incumbents are unable to cope with the number of cases referred through their offices. The situation is compounded by the ClU's lack of capacity to investigate some of the serious incidents involving police shooting.
In the 1994 annual report of the Police Reporting Officer for Natal, Mr Neville Melville, a number of problems were raised affecting the efficacy of the ClU's investigations. It should be noted that these problems are not exclusive to this region and similar problems have been echoed by other PROs in South Africa. Mr Melville writes in his report that;
"Proving allegations against the police is difficult Usually it is virtually impossible to establish which units were operating in an area at a particular time. Where access is gained to official records, they are of little assistance."
The PRO'S report also list factors that need to be born in mind when analysing and assessing the results of and progress made by the CIU;
- Unit members are considered traitors by many of their colleagues, for breaking with the "closed ranks" tradition of the police.
- The unit is ridiculously understaffed, underskilled, under-empowered and ill- equipped for the task it is expected to perform.
- Many of the complaints dealt with by the unit only reach it after other units have already commenced an investigation, or a considerable time period after the incidents complained of occurred.
173 - In many cases the complaints are only referred to the CIU & PRO because of the lack of success on the part of the original unit conducting the investigation.
- Due to the fact that the unit often receives the complaint fourth hand , the unit experiences considerable problems in tracing complainants.
- There is a potential for false or exagerated complaints being made.
- The duration of the investigation is increased by the fact that all charges relating to police officers are circuited through the Attorney General.
- Where the Attorney General declines to prosecute the reasons therefore are not conveyed to the unit.
- Often the sucess of the investigation depends upon other police officers coming forward with information. In fact, in one case a policeman who came forward with allegation against his superiors was charged with defeating the ends of justice, while in another case a police women who witnessed improper coduct was warned by her superior officer not to make a statement.
- The court process is slow. In matters in which police officers are involved seem to experience an inordinate number of adjournments to obtain legal representation.
- The CIU has been ill-equipped to investigate charges against senior officers due to the low rank of the majority of officers who make up the unit.
- The CIU is presently based at Police Headquarters and this seriously hampers the independence of the unit.
Conclusion
Unlike the Western Cape and Gauteng case studies most of the cases and allegations presented in the KwaZulu Natal chapter arise from SAP investigations into politically related criminal activities. This relflects the fact that KwaZulu Natal remains the most politically volatile province in the country. Consequently the limited human rights monitoring capacity in the province has focused primarily on incidents related to political activity. Inspite of this we are convinced that violations of the nature outlined in this chapter are not exclusively reserved to the catagory of political activists and those allegedly involved in politically related violence and criminal activity. The extent of human rights violations committed against criminal suspects is at present an unknown quantity and requires urgent attention. It is our submission that the problem remains considerable.
It is evident that the limited and underresourced investigative capacity of police units investigating these types of violations must be addressed
174 urgently. Alleged criminal activity within the SAP must be effectively investigated and exposed
The SAP must turn this negative situation into an opportunity to enhance their own image with communities by effectively investigating allegations brought to its attention. Wcreased civilian participation in this process is imperative. Preventative measures, such as those outlined in this report, must be adopted to address the prospect of suspects and detained individuals being tortured in the future.
The sheer number of arrested suspects who are shot by SAP members warrants an urgent inquiry into the existing procedures used and the implementation of strict and enforceable guidelines in relation to dealing with dangerous suspects.
With the imminent incorporation of the KZP into the new SAPS, it is imperative that problems and proposals raised in this report are acknowledged and addressed in order to ensure the success of a professional an accountable police service in the province.
MURDER AND ROBBERY UNIT
CASE ONE
Death of Sipho Gumede 3 April 1991
On 3 April 1991, at 20h15 Detective Warrant Officer Sikhakane, Detective Sergeants Buthelezi, Dube and Detectives Sibiya and Zondi, all members of the Empangeni Murder and Robbery Unit were on duty at Ulundi investigating an attempted murder. They had arrested Sampson Gumede. After his arrest, Gumede took the detectives to a kraal where they recovered a 9mm pistol. The pistol did not have a magazine. Gumede, told them the magazine was hidden at a place in Mevamphlope Reserve.
They drove to Mevamphlope Reserve, parked their vehicle and following the directions given by the suspect, proceeded on foot. The suspect showed them a certain spot in the veld with long grass where he claimed the magazine was hidden. The detectives commenced searching the area. Warrant Officer Sikhakane heard the rustle of a plastic bag followed by the sound of a weapon being cocked. Sikhakane looked at the suspect and saw that he was pointing a weapon at him. Sikhakane jumped aside and shouted a warning at the suspect. Other policemen also fired at the suspect. The suspect fell to the ground, fatally wounded. He still clutched the pistol in his right hand.
Lieutenant J C Martin, an officer attached to the Empangeni Murder and Robbery Unit, conducted the initial investigation at the scene. He recovered a .22 Beretta pistol from the deceased's right hand. All the policemen who were present corroborated one another. (Source Empangeni DR 16/91)
175 Comments by the Goldstone Commission Investigative Unit
The initial investigation was conducted by detectives from the same unit as those detectives implicated in the shooting. The detectives allowed a suspect sufficient freedom to arm himself.
CASE TWO
Death of Cecil Mzolo 9 April 1991 On 9 April 1991 at 01h30, Lieutenant Alford, Detective Warrant Officer A J Swart, Detective Sergeants R M Kay-Clough and E van Tonder, Detective Constables S. Rambhadursing, 0 Fulela, R K Zondi, T Majola and B F Ngcobo - all from Durban Murder and Robbery Unit were in Lamontville looking for Sicelo Mzolo. They knew he was in possession of arms which he had used to commit three armed robberies and a murder. He was wanted for these cases.
They arrested Big-Boy Ngidi and he pointed out a house where he knew Mzolo stayed. He was told to remain in the vehicle. Later he heard two shots. Detective Warrant Officer Swart and Sergeant van Tonder entered the house. They found Sicelo Mzolo together with two other men, Thulani Hadebe and Mlahleni Msiya in the room. The detectives identified Sicelo Mzolo and told Hadebe and Msiya to wait outside. Hadebe claimed that as he was walking out, he heard two shots.
Warrant Officer Swart and Sergeant van Tonder allege that after Hadebe and Msiya had left the room, they started searching it. Suddenly Mzolo produced a revolver. Swart fired a warning and shot Mzolo once with his shotgun. Mzolo fell to the ground, fatally wounded.
All the other detectives were outside and did not see the incident occur. They all heard the shot. Lieutenant Alford heard Swart shout a warning immediately before the shot.
Captain Steyn investigated the death. He was unable to trace two witnesses - Sikumbuzo Kibe and Mlaheni Msiya. (Source Lamontville Inquest 2/91)
Comments by the Goldstone Commission Investigation Unit
Despite knowing that the suspect, Sicelo Mzolo, was armed and dangerous, the detectives did not restrain him, nor did they guard him to prevent him arming himself.
Witnesses were ordered out of the room prior to the incident.
176 CASE THREE
Death of Clayton Dumisani Ndwalane. 1 May 1991
On 30 April 199t On 1 May 1991 at midnight, members of the Murder and Robbery Unit Durban, accompanied Xolani Mkhungo, a suspect whom they had arrested in this case to Kings Place in Murchison, Port Shepstone. Xolani Mkhungo pointed out the home of another suspect, Laduma Clayton Dumisani Ndwalane. Ndwalane was wanted in connection with the murder of Constable Nel, as well as two other armed robbery charges. The members of the Murder and Robbery Unit, Detective Warrant Officer A J Swart, Detective Constable P Mostert and Detective Sergeant B J Mathenjwa found Ndwalane in his room and arrested him. They searched his room and found a .25 Browning pistol. They questioned Ndwalane and he told the detectives that he would point out a friend of his, Fonchonto, who was also implicated in the murder of Constable Nel. The detectives allowed him to enter his room to dress. It is alleged that while he was getting dressed, he managed to pull out a pistol from under the mattress of his bed. He pointed this pistol at the policemen. Constable Mostert immediately acted in self defense and fired three shots at the suspect, killing him. The three detectives have all submitted statements which corroborate one another. Xolani Mkhungo, the suspect who took the police to the house of Ndwalane was outside the room when the shooting occurred, and did not see what happened inside the room. There are no statements of other independent witnesses. Lieutenant Hector from South African Police, Port Shepstone attended the shooting incident. The firearm which the deceased allegedly pointed at the detectives was the 9mm pistol which had been stolen from Constable Nel. It was found to be loaded. (Source: Port Shepstone Inquest 66/91) Comments by the Goldstone Commission Investigation Unit There are no independent witnesses. The deceased was not handcuffed at the time of his arrest. The deceased was wanted on very serious charges, and should have been considered to be dangerous. He should not have been given the opportunity to arm himself in the manner in which he allegedly did. " 177 CASE FOUR Death of Stretch Sipho Simelane KwaMashu Inquest 50/91 12 August 1991 On 12 August 1991 at about 02h10 Detective Constable Mostert and Detective Constable Sepping, both of Durban Murder and Robbery Unit, were in KwaMashu acting on information which they had received. They were searching for Stretch Sipho Simelane. Mostert knew Simelane who was wanted for the theft of a firearm from a motor car. They called at house H398 KwaMashu. Constable Mostert knocked at the door, but the occupants of the house did not respond. He heard that people were in the room, but they still did not open the door. Mostert eventually forced the door open and entered the house. He had a torch in his left hand and his service pistol in his right hand. As he entered the kitchen, he saw Stretch Simelane. Simelane was armed with a firearm and fired a shot at Mostert. Mostert returned fire, firing four shots in the direction of Simelane. These hit him in the upper chest area and Simelane fell to the ground, fatally injured. A .38 Astra revolver was recovered near the body. Comments by the Goldstone Commission Investigative Unit There are no statements of independent witnesses filed in the docket. It is unknown whether there were any other people in the house at the time of the incident. No residue tests were done. CASE FIVE Verulam DR 2/92 6 January 1992 Death of an unknown black male. On 6 January 1992 Detective Sergeants Marx and Mathenjwa, both of the Durban Murder and Robbery Unit, accompanied an unknown man whom they had arrested into a sugarcane field near Umdloti. Apparently the arrested man was going to show them where he had hidden an AK 47 rifle. Whilst in the sugarcane field, the arrested man bent down and removed a hand grenade from his shoe. Detective Sergeant Marx immediately shot the man who fell down. Marx moved closer to the man and at close range fired the second shot at the prone man. The arrested man died. Marx says that he was shocked at seeing a hand grenade in the man's hand and fired in self defense. Sergeant Mathenjwa corroborated Marx's version of events. 178 Captain Engelbrecht attended the incident. He found that the deceased was still holding an unexploded handgrenade in his hand. He and an explosive expert, Warrant Officer Potgieter tried to remove the handgrenade, but in the process it exploded The handgrenads^was identified as a Russian F1 grenade. - Professor Botha conducted a post mortem. His main findings were as follows: - Gunshot wounds to the trunk with injuries to lungs and major vessels. - Blast injuries to head, trunk and upper limbs. Comments by the Goldstone Commission Investigative Unit The deceased was not handcuffed at the time of the incident. He was allowed sufficient freedom of movement to arm himself with a handgrenade. It is incredible that the deceased was able to hide a handgrenade in his shoe. The initial investigation was carried out by Captain Engelbrecht who was the Commanding Officer of the members involved in the incident which led to the suspects death. CASE SIX Death of Lucky Sibisi 16 January 1992 On 16 January 1992, detectives Bhengu, Zondo and Dlamini of the Pietermaritzburg Murder and Robbery Unit were investigating the murder of Mr Green. Two suspects, Desmond Sibisi and Lucky Sibisi had been arrested in connection with this case The detectives questioned them and checked their alibis. Lucky Sibisi eventually admitted being implicated in the murder under investigation. He agreed to point out the person to whom he had handed the firearm which he used to shoot Mr Green. The suspect was handcuffed and by following his directions, the detective drove to Jordan Street, Hammarsdale. From there, they had to proceed by foot. Detective Bhengu walked ahead followed by the suspect, Constables Zondo and Dlamini. Suddenly the suspect shoved Bhengu hard from behind, causing Bhengu to stumble and fall. Bhengu saw the suspect running and realized that because of the rough terrain he would succeed in escaping. Bhengu and Zondo fired shots at the suspect. The suspect fell to the ground, fatally wounded. He had two bullet injuries in his head. The policemen corroborated one another's versions. 179 Lieutenant Colonel Van Den Berg and Warrant Officer Claasen, both of the Pietermaritzburg Murder and Robbery Unit, conducted the initial investigation. (Source: Hammarsdale GO 3/92) Comments by the Goldstone Commission Investigative Unit This is yet another instance where the initial investigation was conducted by detectives from the same unit as the detectives implicated in the incident. It is difficult to believe that a handcuffed man would easily be able to evade arrest by fleeing. CASE SEVEN Death of Mzikayifani Elijah Mthethwa 14 February 1992 On 14 February 1992 at 17h40 Captain J CMartin, Detective Sergeant Geldenhuys and Detective Constable Mostert, all of the Durban Murder and Robbery Unit, accompanied a suspect Mzikayifani Mthethwa to Mjoji, Osindisweni. The suspect was wearing both handcuffs and leg irons. The intention of the detectives was to recover stolen money, an amount of R4 000,00. They accompanied the suspect to his home where he was going to point the money out to them. It was known that the suspect was dangerous because at a formal pointing out, which had been held a few days earlier, Mthethwa had managed to disarm Detective Warrant Officer Kwenyama, and pointed Kwenyama's firearm at Lieutenant Colonel Nkabinde. Before Mthethwa was able to fire the weapon, he was overpowered by the police and disarmed. Captain Martin and Sergeant Geldenhuys entered the house with the suspect. Detective Constable Mostert remained outside the house. The policemen allowed the suspect to delve around in a cupboard in his room, when he suddenly turned around armed with a .38 revolver. Captain Martin fired two shots at the suspect, the suspect simultaneously fired one shot at the policeman. The suspect was fatally wounded and died at the scene. None of the policemen were injured. Lieutenant Colonel Roux, the Commanding Officer of Durban Murder and Robbery Unit, attended the shooting incident. (Source: Verulam Inquest 7/92) Comments by the Goldstone Commission Investigation Unit It is incredible that these detectives allowed a dangerous suspect, who had a few days earlier managed to disarm a policeman, the opportunity to rummage around in a cupboard in the suspect's own room - without them having checked to see if there was anything in the cupboard which could have endangered them or the suspect. 180 Lieutenant Colonel Roux who heads the Unit of the members who are implicated in this matter, conducted the initial investigation. CASE EIGHT Death of Vusi Nkwanyana Isipingo DR 7/92 12 March 1992 Circumstances * -*. On 21 February 1992, a white man Sean Tilling was shot and killed during a robbery near Umlazi, Durban. Detectives from the Durban Murder and Robbery Unit were charged with the investigation. Captain Johan Booysen received information that Vuzi Nkwanyana and Sandile Khuzwayo were implicated in this murder. He was unable to follow this information up, so he passed his information on to Captain Engelbrecht, also of the Durban Murder and Robbery Unit. That night Captain Engelbrecht arrested both Nkwanyana and Khuzwayo. It is alleged that he recovered a hand machine gun and a .38 revolver from them. Both suspects admitted their involvement in the killing of Mr Tilling, and made confessions to this effect. They also pointed out the scene of the crime to a police officer. They were detained at South African Police Station, Umbilo. On 11 March 1992, Captain Booysen received information that Vuzi Nkwanyana had been seen walking around Isipingo, and that he was no longer in custody. Upon making enquiries, he determined that Nkwanyana had escaped from custody the previous day, and that detectives from the Murder and Robbery Unit had not been informed about this. Later that night at about 21h45, Captain Booysen received information that the suspect was presently at a particular place at Malagazi. When he received this information he was at home. The easiest and quickest arrangement he could make was to arrange for local policemen to accompany him. He arranged for Lieutenant Olivier, who lived near him, and who is attached to the Housebreaking Unit, as well as Constables de Bruyn and Smith, who were both on duty at the Amanzimtoti police station, to accompany him. They went to Isipingo where they met Captain Booysen's informer. The informer took them to a squatter camp known as Malagazi. They parked their car and walked to a house which was about sixty paces away. A number of men were sitting in a kombi-type of vehicle which was parked outside the house. He recognised one of these men as Nkwanyana. The four policemen ran up to the kombi. Booysen and Oliver approached on the left side (the side with the sliding door) of the vehicle while the two constables ran to the other side. The sliding door of the vehicle was open, and Booysen immediately grabbed Nkwanyana. He immediately resisted arrest by wriggling, kicking and struggling fiercely. In the process of the struggle Nkwanyana's shirt came off. 181 Booysen and Olivier managed to get him out of the kombi. Booysen had his arm around Nkwanyana's neck, and Olivier held him by his waistbelt. Captain Booysen decided to take the suspect to the police car where he had a pair of handcuffs. He told Constable Smith and De Bruyn to remain at the kombi to guard the other occupants. Captain Booysen and Lieutenant Olivier who were still holding Nkwanyana, moved towards their police car. It is alleged by Booysen and Olivier that when they were approaching their car the suspect, who had continued to struggle fiercely, suddenly punched Captain Booysen in the face. The blow apparently stunned him and he lost his grip of Nkwanyana. At the same time he heard Lieutenant Olivier shouting, "fok Johan, hy is los!". Booysen instinctively fired a shot at Nkwanyana who was still close to them. Nkwanyana continued to run away. Captain Booysen fired another shot over his head as a warning shot and a further three shots in his direction. Olivier fired a warning shot into the ground and three shots in Nkwanyana's direction. Nkwanyana fell to the ground. He was seriously injured and died before an ambulance, which had been subsequently summoned, could arrive. The docket and police investigation Captain Booysen and Lieutenant Olivier corroborate one another. Captain Booysen also established that over and above being wanted for the murder of Sean Tilling, Vusi Nkwanyana was also wanted for the attempted murder of two policemen, as well as the rape of a woman and an armed robbery. Constables de Bruyn and Smit corroborated the version given by Booysen and Olivier, except that they both said that they did not see the shooting but only heard sounds of the struggle followed by shots being fired. De Bruyn's and Smit's statements were taken by Lieutenant Olivier on 20 March 1992. Captain Haupt was the duty officer and attended the incident at 22h45 on 12 March 1992. He completed a shooting report in respect of this incident on 12 March 1992 at 23h10. He stated, "Die oorledene is gearresteer in 'n kombi voertuig waar dit geparkeer was, en weg geneem na 'n polisie voertuig ongeveer 60 meters ver 'n worsteling het plaas gevind toe die oorledene prober ontvlug het tussen huise en bosse in. Daar is toe geskreeu en waarskuwings skote geskiet toe is daar na die voortvlugtende oorlede gevuur en is noodlotig gewond." In response to a question on this Shooting Incident form " Did he attempt to hit the target with minimum force?1 Captain Haupt recorded "Ja, na die interleaf geskiet." Captain Haupt made an affidavit concerning this incident on 17 March 1993( a year later). In the affidavit he said: " On my arrival at the scene Captain Booysen and Lieutenant Olivier identified themselves and stated that they had fired at the deceased who had assaulted Captain Booysen and attempted to escape from custody I also observed a swelling on the right side of Captain 182 Booysen's face where he alleged that the deceased had struck him:. Lieutenant Olivier administered the Oath on Captain Haupt's affidavit. Captain Engelbrecht described the original arrest of Nkwanyana. Apparently Nkwanyana had attempted to escape during this arrest. On 1 March 1992 at flat number 57, Afythna Road, Lotus Park, Engelbrecht recovered a HMC 9mm machine gun and a 38 revolver from a warming drawer of an oven which Nkwanyana had pointed out to him. Engelbrecht regarded Nkwanyana as an extremely dangerous criminal who would have been extremely difficult, if not impossible, to trace should he have succeeded in escaping. On 10 May 1992, the statements about this matter were forwarded to Captain Singh who is the Branch Commander at Isipingo, the police station which has jurisdiction over the area in which the incident occurred. On 18 May 1992 Captain Singh reported the incident to his District Commissioner. In this letter he said:- "The delay in reporting this matter is due to the following reason. An Inquest Register Number was reflected in the Inquest Register and no docket was opened by the above-named officer (Captain Booysen) at the time. Statements were only received last week from the officers and members in order to obtain information in order to report this matter". The first entry in the Investigation Diary is 12 May 1992 and relates to the receipt of the following documents:- Statement of Captain Booysen Statement of Lieutenant Olivier Statement of Captain Engelbrecht Statement of Constable de Bruin Statement of Constable Smit Newspaper cuttings Apart from the investigation done by Captain Haupt in regard to the shooting incident, no other investigation took place until 18 May 1992 - over two months after the incident. On 2 July 1992 the Post Mortem report was received and filed in the docket. The post mortem was conducted by Dr Perumal and his main findings were:- The deceased was 1.66 m tall and weighed 62 kg. He had an average physique. Wound 1: (A) is a 5mm central defect with a 1mm rim of abrasion over the right upperback close to the midline. This wound has a 22mm radius of tattooing but no blackening. A wound tract passes through the lung, trachea, superior vena cava and aorta and connect with wound 1(b)which is a 15mm x 10mm laceration of the upper anterior chest wall just left of the midline. Direction: back to front and slightly to the left. 183 Wound 2: (A) is a 5mm central defect over left lower chest wall antero laterally. This wound has a 2mm rim of abrasion which is 14mm wide on the left lower edge. There was no associated tattooing or blackening. A wound track passed subcutaneously and connected with wound 2(B) which is a 12mm x 10 laceration of the lower anterior chest wall, just left of the midline. Wound 3: (A) is a 5mm central defect of the right side of hip laterally. This would has a 1 mm rim of abrasion which was 3mm wide posteriorly. No associated tattooing or blackening. A wound tract passed through the muscles and connects with wound 3(B) which is a 12mm x 15mm laceration of the right side of the anterior abdominal wall laterally. Wound 4: (A) is a 5mm central defect with a 1 mm rim of abrasion over right mid thigh posteriorly. A tract passed through the muscles and connected to would 4(B) which is a m x m laceration of the right mid thigh anteriorly. Wound 5: (A)is a 8mm x 8mm laceration of the left hand in the front and a track connects with wound 5(B)which is a m x 10mm laceration. Wound 1: was the only wound which was life-threatening and caused death. On 10 September 1992 the photo album was received and filed. On 19 October 1992 the blood alcohol report in respect of the deceased was received and filed. On 5 March 1993 the affidavit of Col Roux was received and filed. In this statement Colonel Roux stated that both Captain Booysen and Lieutenant Olivier were on duty at the time of the incident. On 23 March 1993 the docket was forwarded to the Attorney General. On 16 April 1993 the Attorney General instructed the police to do the following investigation: 1. Statements must be obtained from the persons who were in the vehicle with the deceased at the time that the police arrived. 2. Photographs must be taken of the scene. 3. A plan must also be drawn indicating the position of the vehicle the deceased was in. The position of the police vehicle and the position of the deceased body as well as the positions of Booysen and Olivier at the time that they were shooting at the deceased. 4. A copy of the post mortem report, photograph album, map and relevant firearms must be sent to ballistics for report on the range and angle of which the shots were fired. 5. Dr Perumal and ballistics should indicate, if they are able, whether any of the injuries would have caused instant incapacitation and if not, 184 what distance one could expect the deceased to move after sustaining the injuries. 6. The J88 must be obtained in respect of the injuries sustained by Captain Booysen. .«• As a result of the Attorney-General's instruction the following-investigation was conducted: Dr Perumal indicated that the deceased could have run approximately 50m before falling. The necessary ptens were drawn by draughtsman L/Sgt Milsen. A form J88 was obtained from Dr. van Rensburg which states that he examined Captain Booysen during the morning of 13 March 1992 and that he found bruising and swelling on the left side of his face, and lacerations on two of his fingers. Sergeant RM Jackson is a South African Police ballistic expert. He visited the scene where pertinent points were shown to him. He studied the post mortem report, and in regard to the wound on the deceased's back (wound 1 j he said "After conducting tests, I am of the opinion that this shot was fired at a distance of approximately 50m to a 100m. The distance mentioned is that between the deceased and the muzzle of the firearm. As the scene was reconstructed I am of the opinion that all the shots fired at the deceased, were fired whilst he was running away from Captain Booysen and Captain Olivier". As a result of the instructions from the Attorney-General, the investigating officer, Warrant Officer Pillay, requested Captain Booysen to trace and make available the witnesses who were in the vehicle with the deceased at the time that the police arrived. On 27 April 1993 Captain Booysen made two witnesses available to the Warrant Officer Pillay. They are Judgment Cele and German Cele. Both these witnesses claim that during March 1992, they were sitting in the vehicle talking to Vusi Nkwanyana, when two white policemen approached them and arrested Vusi Nkwanyana. They say that Vusi Nkwanyana resisted arrest and struggled. Eventually they both heard a gunshot. After that they were taken to Isipingo police station They were released and returned home to Malagazi. (Source: Isipingo DR 7/92) Comments by the Goldstone Commission Investigation Unit Absolutely no effective investigation was done in this case for three months. An independent Investigation Officer was not appointed immediately. Except for the rudimentary investigation done at the scene of crime by Captain Haupt, a uniformed officer who was only conducting an administrative enquiry into the use of firearms, nothing else was done. No effective crime scene investigation was done. 185 The investigation was effectively left in the hands of Captain Booysen and Olivier until 12 May 1992. There is not even an independent and reliable record of independent witnesses who were at the scene of crime - for example the other occupants of the kombi. The statements of Constables de Bruyn and Smit were recorded by Lieutenant Olivier - a possible suspect in this case. This is outrageous. In addition to this Olivier administered the Oath on Captain Haupt's affidavit. The wound in the deceased's back was fired at very close range. Captain Haupt's report of what was told to him by the two officers conflicts with their version of events. The investigating officer should not have relied on a possible suspect, Captain Booysen to make important witnesses available to him i.e. the other occupants of the combi. He should have traced these witnesses himself. Absolutely no effort has been made to trace other independent witnesses, particularly others who were present in the kombi and who live in the vicinity. CASE NINE Death of Daniel Ndimande Ubombo Inquest 10/92 8 April 1992 Members of the Murder and Robbery Unit at Empangeni were investigating the murder of a Mr and Mrs Diedricks. On 8 April 1992 at midnight Captain Erasmus, Detective Warrant Officers Labuschagne and Coertzen, Detective Constable Mafuleka, all from Empangeni Murder and Robbery Unit, acted on information which they had received, and went to the Ophanzi Area. Later they arrested Philangenkosi Ndimande. He agreed to point out the hut of Daniel Ndimande, his brother, who was also wanted for the murder of the Diedricks The policemen accompanied Philangenkosi to a hut. In the hut they found Daniel Ndimande. While searching his room, he allegedly produced a knife and attempted to stab Captain Erasmus. Coertzen shouted a warning and shot him using an R-5 rifle. He did so as Ndimande was about to stab Erasmus. Ndimande was killed. A rifle which was connected ballistically to the murder of Mr and Mrs Diedricks was found in Ndimande's room. Ndimande's fingerprints were subsequently connected to the crime. Captain Erasmus and Detective Warrant Officer Coertzen corroborate one another. 186 Labuschagne and Mafuleka were outside the hut when the incident occurred. They did not see what happened. They both heard the shots. Ellen Mthembu, Sindiswe Ndimande, Muntu Nhlebele and Yvonne Hlebela were all present at the homestead when the incident occurred, but because they were in other buildings did not see anything. Philangenkosi Ndimande, the deceased's brother who pointed out the hut in which Ndimande was found, said that he was outside the hut and heard the deceased being questioned and slapped. He heard the deceased say "Here is the firearm", and thereafter heard a short burst of gunfire. He did not hear any warning shout. He is corroborated on this point by Labuschagne. He could not see inside the hut. (Source: Ubombo Inquest 10/92) Comment by the Goldstone Commission Investigation Unit Ndimande was wanted on a very serious charge. He should not have been given the opportunity to arm himself. He was not handcuffed. CASE TEN Five men shot dead 29 May 1992, Kwa Mashu On 29 May 1990, the Natal Mercury carried a report of five men shot dead by the Murder and Robbery Unit in KwaMashu. The report stated that the men were wanted for a series of brutal murders and the killing of a security guard during a robbery: "Months of patient detective work paid off yesterday when Durban Murder and Robbery detectives swooped simultaneously on three homes leaving five murder suspects dead. The men died in ferocious gun battles with policemen in a desperate bid to evade arrest." According to police spokesperson Bala Naidoo, the detectives received information that the gang was sheltering in three houses in KwaMashu in M Section. They swooped on the houses at 01hOO. At the first house, the detectives were fired on when they knocked on the door and identified themselves as policemen. Police returned fire and two suspects were killed. Police were also fired on at the second house and they returned fire. One suspect was killed. At the third house, police again were fired on when they knocked on the door. Police returned fire and two men were killed (Natal Mercury, 29 May 1990) CASE ELEVEN Interviews held by members of the Goldstone Commission with members of the Murder and Robbery Unit The Commission spoke to four policemen who were presently or had previously been members of the Murder and Robbery Units in Natal. For the 187 protection of these policemen all except one, Sgt Anthony Hall, have not been named. Interview with first Policeman He told the Goldstone Commission that it was common knowledge within the unit that suspects were "taken ouf'and when a killing was going to occur. Shortly thereafter the suspect would be shot in self-defense by a member of the unit, while trying to escape. The policeman also said that it was common for members of the unit to have unauthorised firearms in their possession, so that these could be placed near dead suspects in order to justify the "self- defence" actions of the unit's members Interview with second policeman The second policeman interviewed said that he believed that suspects had been executed and provided examples; During 1987 or 1988, Detective Sergeant Andy Budker had shot and killed a man in Chesterville. It turned out that the man killed was not the suspect they had been looking for. He heard that the detectives had placed a gun near the deceased and that they claimed that they had acted in self-defence. During 1989 or 1990, a white policeman had been killed at the Pinetown bus rank. Members of the unit arrested a suspect who was a DDF supporter. Detective Warrant Officer Prinsloo took the suspect out on an investigation. Whilst they were out, the suspect was killed. It was common knowledge amongst members of the Murder and Robbery Unit that this suspect had been "taken out", but this policeman had no evidence to prove this. During 1990, Captain Engelbrecht was recording the confession of a suspect in his office at the Durban Murder and Robbery Unit. Whilst Capt Engelbrecht was taking the statement, it is alleged that the suspect tried to attack him and stabbed him on the hand. Engelbrecht claimed that he was forced to shoot and kill the suspect in self defence. Members of the Unit had a tacit understanding that this man had been executed. The policeman told the Goldstone Commission that Engelbrecht had once stabbed himself in the hand to justify the shooting of a suspect while taking a confession. Interview with the third policeman In January 1990, a suspect from F section KwaMashu was arrested for armed robbery. The suspect was booked out by Detective Sergeant Fitchat to point out a getaway car. Fitchat allegedly told the suspect that he would not come back alive. The said suspect was shot dead somewhere in Westville. In mid 1990, members of the Unit went out to look for suspects wanted for the killing of policemen. The commander was Captain Engelbrecht. The police went to five different houses, and they were accompanied by a young man who pointed out suspects. At each of the five houses, the same thing would happen - as soon as the suspects were pointed out, they were 188 shot dead. One of the five killed was not a suspect, but was shot by mistake because he happened to be found with one of the suspects. On one weekend, a youth from Folweni was making a statement to Captain Engelbrecht. Engelbrecht shot and killed the youth and then cut himself on the finger to "covar-up". One day early in 1992, a youth named Mthembu from KwaMashu was tortured by Captain Mostert in the Murder and Robbery Unit's offices. The youth died while being tortured. Many other people were tortured by members of the Murder and Robbery Unit. Interview with Anthony Hall He became a member of the Murder and Robbery Unit at Empangeni in 1988, working under the command of Lt Engelbrecht. Whilst at the unit, countless black men were tortured by members of the unit. One of the methods of torture used was "tubing". By repeated tubing, the victim would suffer extreme discomfort and would eventually loose all control over his bladder and bowels. In this manner, the prisoner would eventually be compelled to talk. Members of the Unit were adept at using this method of torture in such a way that the victim would not sustain any visible signs of injuries, marks or bruises. At subsequent trials, members of the unit would lie under oath with regard to the voluntary nature of the confession. Hall said "Not one trial within a trial was ever lost by members of his unit. Lt Engelbrecht would not have tolerated a member who lost a trial within a trial". In 1989 a seventy year old white farmer, who farmed near Hluhluwe, was murdered. The brutality of this particular murder shocked the members of the Unit. It was decided that because of the savage nature of the murder the perpetrator would be killed. Shortly after the murder, they received information as to who the perpetrator was. An intensive manhunt ensued. Despite their best efforts, it took some months before the suspect was traced arid arrested. He was detained in the police cells at Empangeni. At a meeting held on the steps outside the Unit's office between Lt. Engelbrecht, Sergeant Kriel, Mark Redman, a black member (whose name Hall cannot recall, but will be able to identify), and Hall, detailed plans were drawn up as to how the alleged murderer was to be killed. It was decided that the culprit would be taken to the scene of crime on the pretext of pointing out the murder weapon. At the scene he would be shot from behind and killed. One of his hands would be released from the handcuffs. The police would claim that he had managed to release the cuff, had punched the policeman who was guarding him and attempted to escape. To prevent his escape, the police were forced to shoot him. It was decided that Sergeant Kriel and the black member would take the prisoner to the scene of the crime and execute the plan. The black member was to punch Kriel on the eye in order to corroborate their version. Lt. Engelbrecht was to attend the scene of the shooting and to submit a favourable report. 189 Later that day the prisoner was killed in exactly the way they had planned. Although Hall did not witness the killing, he has no doubt whatsoever that the prisoner was murdered. Some weeks after this, they held a braai to "celebrate" this incident. At the braai they all looked at a video taken at the scene and of the post mortem. At least one officer applied for transfer because he was not able to stomach the activities of the unit. At some stage during Hall's employment at this Unit, Lt Engelbrecht handed him a 7,65 mm pistol. The serial number on this pistol had been filed off. Engelbrecht instructed Hall to keep this pistol handy, so that if he ever had to shoot a person he would be able to plant the pistol near the deceased, and claim that he had shot in self defence. Lt Engelbrecht was transferred to Durban Murder and Robbery Unit in 1989- 1990, and is now a Major. When Engelbrecht was the Branch Commander of this Unit, he shot and killed a suspect in his office. At the time he was apparently recording the suspect's confession, when the suspect suddenly attacked him. Engelbrecht was forced to shoot the man in self defence. Hall says that Engelbrecht arranged for a number of suspects to be killed, and he has no doubt that Engelbrecht murdered the man in his office as well. He says that Engelbrecht often used to say that if anybody talked about their activities, he would kill them. Colonel Koekemoer of the Port Shepstone detective branch, was appointed to investigate allegations contained in Hall's affidavit. Hall has been charged with fraud, and has also received psychiatric treatment. CASE TWELVE Shooting of three men living in a caravan Umlazi, 9 July 1992 On 9 July 1992, three returned exiles were shot dead in a caravan in Umlazi by members of the South African police force. The police claimed that they acted in self defence. The National Co-ordinating Committee for Repatriation (NCCR) allege that the men were asleep in the caravan when they were shot dead by members of the SAP. Police version of events Murder and Robbery Unit detectives were in Umlazi arresting suspects who were wanted for a series of armed robberies. The detectives were assisted by members of the Internal Stability Unit (ISU). The detectives remained at the BP service station, out of sight from, but nevertheless near to the caravan, while members of the ISU approached the caravan. Members of the ISU knocked loudly on the door of the caravan, and announced themselves in English and Zulu. One policeman opened the door, but someone from inside pulled it closed. 190 Shots were then fired from inside the caravan. All the policemen present (including the detectives at the BP service station) said that they saw and heard the gunfire because tracer bullets were used. The police then returned fire. A short while after returning fire, shots were again fired from inside the caravan. Tracer bullets were again fired. Police returned fire for a second time. ^ A KwaZulu Police vehicle then arrived. ISU members used the arrival of this vehicle to approach the caravan. At this point police came under fire from an automatic weapon. Police returned fire for a third time. There was no further resistance from inside the caravan. On entering the caravan, police found the bodies of three dead men. They also found the following weapons: An unexploded foreign handgrenade with the pin partially drawn. An AK 47 rifle containing one round in the chamber and two rounds in the magazine Sixteen empty AK47 cartridges A 7.65 VZOR pistol with the firing pin in firing position. The pistol had one round in its chamber and three rounds in its magazine. No empty cartridges were found for the pistol. Information received by the Goldstone Commission from four residents of Umlazi First resident: He was arrested together with S'thembiso Mthembu (now deceased) by members of the Murder and Robbery Unit on the night of 9 July 1992. He accompanied the police to the vicinity of the caravan. He did not witness the shooting because he was told to lie on the floor of a police vehicle, nor did he hear shots being fired. The following day he found the bullet-ridden caravan. Second resident (10 years old): She knew the three well as they were her neighbours. She used to visit them in their caravan and saw handguns there. Although she heard shots on the night in question, she did not look to see what was happening. Third resident (lives near the caravan): He heard shots on the night in question. He also heard whites calling to one another. He heard a black man screaming and asking for help. It sounded as if this man was outside the caravan. Fourth resident (fiancee of one of the deceased): 191 Her fiancee Steven Mkhulisi had been wanted by the police since 1987 due to his political involvement in the ANC. He left the country in May 1987 and returned in 1991. On his return, he stayed at Glebelands hostel. However, he left the hostel at the end of that year because according to him, white members of the SAP were "back after him". His fiancee claims that the police made frequent visits to her house, searching for Steven. On each visit they insulted her and accused her of being "hand in glove" with communists. She denies that Steven owned a firearm. When police arrived at her home on the night in question, she was asleep. The policemen never explained why they were there until they had searched her room and found a bag of Steven's clothes. The policemen asked where Steven was. When she told them that she didn't know, they insulted and assaulted her. She was then told to accompany the police. She was placed in a kombi, but said that there were many police vehicles present including a casspir. One black male whom she recognised as S'thembiso Mthembu was in the kombi. S'thembiso was handcuffed and he gave directions to the police and told them where the deceased could be found. During the drive to the caravan, a policeman grabbed her throat. He forced open her mouth and placed the barrel of a gun in her mouth. He threatened to kill her because she associated with "communist killers". When the police reached the vicinity of the caravan, she was dragged out of the kombi and told to lie face down in the storm water drain. She then heard the policemen talking to each other. They said that they should be careful of the men in the caravan and should not burst or barge into it, as such actions may be "hazardous to them all". At that point one policeman told her to lie still because they were going to kill her "husband". He said that after killing him, she would the next target. The police then made her follow them a little distance closer to the caravan and again forced her to lie down. Two policemen then told her they would not hesitate to shoot her if any of them were killed by the men in the caravan. She said the policemen moved towards the caravan but did not approach it. The police then opened fire on the caravan without warning. No one in the caravan was given a chance to surrender. To her knowledge, no shots were fired from inside the caravan. The shooting lasted for about five to ten minutes before she heard someone shout "I surrender, surrender". One of the policemen then warned the others that the person surrendering had a hand grenade, and the police again started firing at the caravan. The police then moved to the caravan and she was taken back to the kombi. A short while later, one policeman told her that her husband was dead. The police then towed the caravan to the KwaZulu police station. She was then called to identify the dead. She says that she saw no weapons on entering the caravan. She arrived at the police station at about OShOO. She was released and told to her home at 15hOO. No statement was taken from her during the time she was at the police station.. 192 Police investigation into the shooting All policemen involved in the incident submitted statements. They all corroborated each other's version. Detective Sgt PC Nel, an explosive expert who arrived at the scene, conducted the investigation. Inquest documents were forwarded to the senior state prosecutor. It was certified by the police that the investigation was complete and that there were no outstanding statements. In November 1992, an informal inquest was held by the magistrate in Umlazi. The finding of this inquest was that the deceased had ben shot and killed by members of the ISU and Murder and Robbery Unit members in self defense. On 1 December 1992, the Attorney General confirmed this finding. investigation by the Goldstone Unit The unit obtained a copy of the inquest docket. They also visited the caravan and interviewed both police and residents. Ballistic experts also examined the cartridges of the AK47. This was considered important because all police officers claimed that tracer bullets were used in order to corroborate, or rebut the police version that shots fired at them were tracer rounds, and that some of the police witnesses were able to see that the first shots which were fired emanated from the caravan. The detectives, for example, would not have been able to distinguish, from their position at the service station, who had fired the first shots. If tracers had been fired, it would also seriously flaw Nomusa Gaxa's statement because she would definitely have seen such shots emanating from the caravan. Findings by the Goldstone Unit - It was established that the 7.65 pistol found belonged to S J Martin, and had been stolen from him in March 1987. - It was noted that KwaZulu Police present on the scene did not submit affidavits. The registers at the KwaZulu police station in Umlazi do not reflect any entry with regard to this incident. - It was noted that no independent witnesses submitted statements. No attempt was made to take a statement from the fiancee of one of the deceased. The investigating officer did not attempt to trace I ndependent witnesses who lived near the scene, neither were statements taken from the petrol pump attendants at the service station. The fact that the fiancee's statement was not taken constitutes a serious flaw in the investigation, particularly since her version differs sharply from that of the police. - The inspection of the caravan did not help the investigation. There were literally hundreds of bullet holes and it was impossible to determine whether shots were fired from inside the caravan. - Cartridges of the AK47 were examined by two ballistics experts in SAP forensic laboratories in Pretoria. It was established that none of the cartridge cases were tracers. This finding was confirmed by an American expert on AK47 ammunition. 193 - There is no evidence in the inquest document which implicates the deceased in any crime. - The procedure followed in finalising this inquest was highly irregular. Standing instructions concerning deaths at the hands of the police which are issued by both the SAP and the Attorney- General, proscribe that relevant documents concerned are forwarded by the police to the Attorney-General for decision on whether the person will be charged or not. The Attorney- General also satisfies himself that the investigation is completed and has been properly conducted. Should he decide not to prosecute, he will direct that a formal or informal inquest be held. This system is designed to ensure that incidents involving police are properly investigated. The manner in which the docket was finalised in the caravan shooting constitutes a serious breach of this checking system. Video Footage The Goldstone Unit was able to gain access to SABC footage of this incident. Video footage showed a large amount of money, a uniform claimed to be of SADF origin, a ZZ revolver and five rounds of ammunition that was allegedly found inside the caravan. The transcript of the broadcast said that three suspects, one of them an ANC member, had been shot dead in a fierce gun battle. It was also reported that R13 000 in cash and defence force uniforms were found. The report said four other men had also been arrested. A SAP spokesperson Col Bill Denis said that the origin of the third force had to be questioned in the light of armed robbers who had uniforms in their possession. It is odd that this was not mentioned in any police statements which were submitted to the Inquest Magistrate, nor is any mention made in the docket of these items being found in the caravan. CASE THIRTEEN State vs Hendreik Jacobus Steyn 14 August 1992 Hendreik Jacobus Steyn was a Detective Warrant Officer in the South African Police attached to the Empangeni Murder and Robbery Unit. On 7 December 1992 Steyn was convicted in the Pietermaritzburg Supreme Court of murder and attempted murder, which occured on 14 August 1992. He was sentenced to eighteen years imprisonment. The deceased and one other were arrested after a fierce gunbattle between themselves and members of the South African Police. During this incident 3 South African Police members were killed. Both suspects were shot and injured in the same incident. Whilst en route to hospital in a bakkie, a white golf stopped them and the accused who was armed, got into the bakkie, directed the driver down a bush road, ordered that the two suspects be removed from the bakkie and subsequently shot both of them. 194 Attempts were made to influence the two SADF witnesses not to tell the truth and in fact false statements were taken from them. The accused's firearm was ballistically linked to a bullet removed from the deceased.Almost as shocking as the killing is the obvious inference that many other members of the police were aware of or came to know about the facts of the incident. There were obv4pus attempts to prevent the truth from becoming known. In this respect members of the Empangeni Murder and Robbery Unit were criticised by the court. (GOLDSTONE COMMISSION) CASE FOURTEEN Death of Nkosinathi Sylvester Mabaso 27 August 1992, Izingolweni Police from CR Swarts Murder and Robbery Unit arrived at a house in Izingolweni to arrest Mabaso who was wanted in connection with murder and robbery. They found Mabaso outside the house. Other occupants of the house were rounded up and taken to a rondaval near the house, where they remained for approximately 3 hours. Two policemen went into the house with Mabaso. Mabaso was shot and killed inside the house. Other policemen from Izingolweni arrived at the scene to investigate and found Mabaso's body in the bedroom. A revolver was still in his hand. Fired cartridge cases were found in the room. Police version of the events The two SAP policemen who shot Mabaso say that the following occurred: They went to the house looking for Mabaso who wanted as a murder suspect. They arrived at the house at 15hOO and surrounded the house. A black man appeared at the door. They introduced themselves and asked the man for his I.D. document. They called to one of the other policemen to go and collect handcuffs. They then accompanied the suspect into one of the bedrooms. The man walked to a wardrobe and pulled out a firearm. Both policemen saw the firearm and shot the man in self defense. They then contacted the Izingolweni police and reported the matter. A few minutes later, the station commander from Izingolweni arrived. They pointed the scene out to him and handed the matter over to them. Three of the other members of the SAP also gave statements. All their statements are identical except for their personal details. Even the date and time of their signing is identical. In their statement the SAP members say that when they arrived at the house, they rounded up all the women and children. They made these women and children sit down next to a rondaval. While questioning them about Mabaso, they heard three shots being fired. A few minutes later the Izingolweni station commander arrived. 195 Report of Izingolweni Police The police station received the call regarding the shooting at 16h10 and proceeded to the scene. Izingolweni police took statements from all inhabitants and on investigation found that Mabaso had been shot in self defence by the two Durban policemen. SAP report on shooting sent to Goldstone Unit Under the heading "A short description", police say that the subject was located outside the house and police asked him to point out his room. In his room, the subject asked if he could get a jacket out of a wardrobe. The subject then produced a firearm and the police shot him in self defence. Attorney-General's discussion All police documents were forwarded to the Attorney-General who declined to prosecute and referred the matter to Port Shepstone for inquest. Goldstone Investigation Teams - The team attained access to the docket - Photographs were seen of the deceased holding a firearm upside down which is unusual. - Forensic experts were consulted - Attempts to trace the firearm were unsuccessful - Witnesses and neighbours were interviewed Interviews with family members Mzinto Alpheus Shange (the owner of the homestead where Mabaso was shot) said that on his return home, he saw four white policemen and many black policemen. They were all armed and were standing over the deceased who was lying hear the front door with his arms outstretched. Some of the policemen were trying to kick open the front door. Shange remonstrated with them and after being unable to find the key to this door, showed them a way into the house through the back door. Shange said that he was then escorted into the rondaval where the women and children were being kept. They remained there for about 3 hours before they were allowed out. When he left the rondaval, he saw a mortuary van and a stretcher bearing Mabaso's body. Shange then went to the house. He saw drops of blood leading to the house. Inside the house he saw pools of blood outside and inside one room. The deceased's room was in complete disarray. Bedding had been stripped, boxes and packets emptied and their contents sprawled all over the room. Mr Shange formed the opinion that the room had been searched. No other room in the house was touched. 196 Shange said that as far as he knew, the deceased did not have a firearm. Other family members say that there were four white and approximately 20 black policemen who arrived in six vehicles. The owner of the wardrobe denied that there was any gun in it. He also corroborated Shange's view that only the deceased's room had been searched. Neighbours interviewed said they saw a large number of police arrive at the home. One neighbour said that he saw the inhabitants of the homestead being led into the rondaval. Concerns raised by the Goldstone Unit - The three policemen with the identical statements should have been interviewed separately. Statements were taken by members of their own unit and could even have been taken by the two policemen involved in the shooting. - These three policemen were not being truthful when they said that they were questioning the inhabitants outside the rondaval when they heard shots. They make no mention of keeping people in a room under guard. All inhabitants testified to this, and denied that they heard the shots. - Why were the inhabitants of the homestead kept in the rondaval? This is highly irregular and suspicious. - Neighbours and inhabitants said there were a lot of policemen at Shange's house. Who were these policemen and why were their statements not taken? There are contradictions between the policemen and the witnesses as to what had happened leading up to the shooting, e.g. Mr Shange said that he saw the deceased spread-eagle on the ground at the front door. The policeman do not mention this at all, and their statements do not create the impression that Mbaso had been arrested. How was Swanepoel able to identify the body of the deceased to the Station Commander and Major Van Niekerk? Time factors are not consistent either, e.g. when was the room which Mabaso and his girlfriend were using, searched? What happened between 15hOO when the police arrived, and the report the Station Commander received at 16h10? Swanepoel and Kitching do not mention searching Mabaso's room, yet the family are adamant that it was searched. Colonel Wearing mentions the searching of this room in his letter to the NCCR. If they searched the room aafter shooting Mabaso, this would have been highly irregular - the crime scene, which would include the whole house, ought to have been left as it was until the scene of crime investigation into the death of Mabaso had been completed. Swanepoel and Kitching indicate in their statements that they handed the scene over intact to the station commander within minutes of the 197 shooting. If Swanepoel and Kitching searched Mabaso's room before the shooting - this would contradict their version of events completely. There is a contradiction between the version Swanepoel and Kitching apparently gave to Major Van Niekerk, and the version given in their statements. They told Major van Niekerk that they had allowed Mabaso to go to the wardrobe to get a jacket. In their statements they said that Mabaso was getting his identity book from the wardrobe. The police investigation does not probe why the police were searching for Mabaso. Was there in fact a case against him? The Lamontville case which the police have quoted as being the case for which Mabaso was wanted, concerns the murder of two white policemen in Lamontville. They were shot and killed by a man or men armed with AK 47 rifles. If Mabaso was suspected of being one of the people who had shot these policemen, they ought to have realised that they were dealing with a person who was extremely dangerous. Why did they allow him to walk about without restraining him with hand-cuffs, and why allow him to rummage about in a wardrobe? Under these circumstances, this behaviour by the police would have been so reckless and negligent that it would have bordered on the insane. Why did the police not search the entire homestead for an AK47 rifle if they suspected Mabaso of being the person who shot the policeman in Lamontville. The recovery of the murder weapon would have been of paramount importance. The fact that the Lamontville case for which Mabaso was wanted, concerned the murder of two policeman is not mentioned at all in the entire docket. Neither did Colonel Wearing mention this in his letter to the NCCR - all he said was that Mabaso was wanted on two very serious charges. This is curious. It is normal police practice when searching a house to have one or two witnesses, other than the suspect, present. In this case this was not done. The head of the household would have been an obvious choice. The ballistic experts report is inconclusive. Comments by the Goldstone Commission Investigation Unit The police investigation has been superficial and intent only on collecting the necessary documentation for the holding of an inquest. The suspicions of other parties have not been taken cognisance of, neither have they been probed. 198 CASE FIFTEEN "Five police killers killed" KwaMashu, 16 March 1993 On the 16 Mar«h 1993, articles appeared in both the Citizen and the Natal Mercury newspapers alleging that five men all involved in targeting policemen, were shot dead by members of the Murder and Robbery Unit in KwaMashu. According to the Nata( Mercury, the police stated that the men were shot dead in four separate incidents. * -*. The Citizen reported that a five man gang of suspected "cop-killers" were shot dead by police "in an intensive manhunt". According to the Citizen, one man was shot dead by police hours after escaping from custody. The suspect, who was handcuffed, escaped from the unit's office at CR Swarts Square, "when seen by the police later that night, he still had one cuff on a wrist". Col Roux of the SAP told the Citizen that police arrested one member of the gang on the Sunday and the man escaped on the Tuesday. On the Tuesday night, he was spotted in KwaMashu and opened fire on the police. They returned fire, killing the man. Col. Roux said on Thursday morning, two other suspects were shot dead when they were travelling in a car in Ntuzuma. According to Col Roux, the men in the car opened fire on the police, and police returned fire. The same night Col Roux said detectives went to a house in KwaMashu. A fourth member of the gang was killed during a shoot out. On Friday, detectives and members of the ISU went to a house in KwaMashu. During a fierce exchange of gunfire, the fifth gang member was killed. Col. Roux told the Citizen that two of the five members had been identified as trained members of the ANC's Umkhonto we Sizwe. In June 1993 the following report appeared in Servamus magazine: A gang of five men - Ziza Nyawose, his brother Lugela, Phila Sithole, Mdumisevi Zunga, Mandla Khanyile launched a "reign of terror" which started in October 1992. The report claimed that the men had targeted policemen and that they had been involved in an armed robbery in Glenashley. According to the report, Ziza Nyawose was arrested on the 7 March but he escaped from custody at CR Swarts. AT 22h50 on 9 March, Nyawose was identified by detectives in KwaMashu. He opened fire on the police and was killed in an ensuing gun battle. Nyawose was still wearing a handcuff on one wrist. On 11 March, according to the report, Murder and Robbery Unit members stopped a vehicle in Ntuzuma. Zunga and Khanyile who were travelling in the vehicle, opened fire on the police. They returned fire, killing both Zunga and Khanyile. 199 That night detectives went to the home of Sithole. Realising that he was cornered, Sithole opened fire on the police. They returned fire and Sithole was killed Murder and Robbery Unit detectives traced Lugela Nyawose to a house in KwaMashu the following day. "A fierce gun battle ensued in which Nyawose was killed." HRC reports regarding these incidents In March 1993, the HRC was approached by a resident in KwaMashu and asked to look into recent shootings by SAP members in KwaMashu. An HRC field worker then proceeded with the resident to the family members of the deceased. Family members from the Nyawose, Sithole and Khanyile family were interviewed. A member of the Pinetown Child Welfare was also present during these interviews. After conducting the interviews, submissions were prepared by the HRC for the Goldstone Investigation Unit. In the submission HRC stated that all family members interviewed were prepared to co-operate with the unit. Interview with the Nyawose family According to family members, Siza Nyawose brother of Keke Lungelo Nyawose, was arrested at a night club late on the 6 March. The arrest was made by members of the CR Swarts Murder and Robbery Unit. There are witnesses to this arrest who informed the family of the arrest early on Sunday 7 March. Between 7 and 8 March, family members went to CR Swarts Square on three occasions. On the first two occasions, the family members were told that there was no record of his arrest. Finally late on the 8 March, they were told by a policeman at CR Swarts Square that Siza Nyawose had escaped from custody. The family continued the search for Siza Nyawose. On Tuesday 9 March they finally found his body at the Phoenix mortuary. The family claim that at no time after the 6 March did SAP visit the Nyawose home - either to search for the alleged escapee or to make enquiries regarding his death. According to the Nyawose family, Keke Lungelo Nyawose fled his home after the arrest of Siza. The family said that the last time they saw him alive was on the 12 March when he left with a friend. On the 13 March, family members were visited by members of the KwaZulu Police and informed that Keke had been shot dead in Mandeni. Shortly after this, the family was visited by a friend of Keke's who said he was present at a house in Mandeni when Keke was shot by the police. The man alleged that he and Keke had been directed to a safe place in Mandeni by a man called Mr Mzizi. The police had arrived at their house in Mandeni late on the 12 March and had shot Keke. The friend alleged that Keke had his hands on his head when he was shot. Nyawose family members claim that this person has gone into hiding but that they would attempt to track him down. Keke Nyawose's family were unable to find his body at the Mandeni mortuary but finally found his body at the Gale Street mortuary. 200 Interview with Sithole family On Thursday 11 March 1993, returned exile Mduduzi Sithole was shot dead by members of the CR Swarts Murder and Robbery Unit. The circumstances surrounding the shooting were as follows: Mduduzi Sithole and his brother were standing outside the house with some friends on the evening of the 11 March His parents were asleep in the house. At about 23h45 Mduduzi decided to leave the house to go and visit some friends. Shortly after this, his parents were woken by the sound of gunshots. Almost one hour later at 00h50, five policemen (all members of the CR Swarts Murder and Robbery Unit) arrived at the Sithole house and said that they were looking for AK47s. They said nothing about Mduduzi, but went straight to his room. They left after searching the house and finding no weapons. A 01h10 the police came back to the house and told Mr Sithole that they had shot a man jumping over the wall earlier in the evening. When Mr Sithole asked as to the identity of this man, the police said that he was unknown to them and that his body had already been taken to the Gale Street Mortuary. Early the next morning the family went to the mortuary and found the body of their son, Mdudzi Sithole He had three bullet wounds in the back of his head. The police have never been to the house to investigate or discuss the details of the shooting, since the night it occurred. Interview with Khanyile family Mandla Khanyile and one other man were also shot dead by members of the CR Swarts Murder and Robbery Unit on Thursday 11 March 1993. According to the Khanyile family, Mandla Khanyile was asked by his next door neighbour Themba Mzizi, to take a white van belonging to Mr Mzizi to Ntuzuma. The person Mandla was supposed to collect in Ntuzuma, refused to accompany him. On Mandla Sithole's return to KwaMashu he was shot dead by SAP members. Eyewitnesses to the shooting claim that the police seemed to be waiting for the van and opened fire when they saw it. Mr Mzizi visited the family the following day and told the family that Mandla had been caught by the police with weapons in the car. In a report in the llanga newspaper, the Murder and Robbery Unit conceded that the above named individual was shot dead in an exchange of gunfire. On 19 May, members of the Goldstone Investigation Team took an affidavit from NM who had been with Keke Nyawose when he was shot. NM said that Keke knew the police were looking for him. Keke went into hiding in Inanda. NM and Keke stayed for three nights. During this time Keke went home on one occasion, returned and told NM that his brother had been killed. During this time, Mr Mzizi's van was used to transport NM and Keke between KwaMashu and Inanda. NM said that after spending three nights in Inanda, Mr Mzizi arrived and told Keke and NM that Zunga and Khanyile had been shot by members of the Murder and Robbery. Mr Mzizi spoke to Keke and advised him it would be better if he left the area. 201 Mr Mzizi then arranged for Keke and MN to be taken to Mandini and gave them R100,00. MN said that at about 06hOO on the Friday morning they heard voices outside. Keke looked through a hole in the wall and told MN that it was the police. Keke, who according to MN was in possession of two firearms, a 288 and a 38 special, took out one of the guns. But according to MN, Keke said there was no way to escape and said "no, they had better arrest me". At this point both Keke and MN went back to bed. The 4 to 5 white policemen all carrying rifles, entered the room. One of the policemen then said, "yes Keke". MN claimed that he was ordered to move away from the bed and instructed to lie down on the floor. MN stated that one of the policemen ordered Keke to wake up and sit up. He then ordered Keke to place his hands on his head. Keke did this and the white police shot him several times MN said he saw Keke fall back on the bed. MN said that he was then taken to a white kombi parked outside. MN said Mr Mzizi came to this kombi MN said that photographers and the KwaZulu police from Mandeni were called to attend the incident and remove the body of Keke. Mabuso said he was then taken to CR Swarts Square. Mabuso was told to make a statement and was told that he must admit that Siza shot the police. Although he had no knowledge of this, Mabuso said he wrote a false statement because he was scared. Mabuso said he was then released. Mabuso said that he now feared for his life. Concerns of the Goldstone Commission regarding the police reports It is clear that Zungu, Khanyile and Keke Nyawose were well associated with each other. They may well have been involved in activities which brought them in conflict with the law. However, there are some serious questions that need to be raised regarding the police version. - How did Siza Nyawose manage to escape from CR Swarts Square particularly when he was hand cuffed? - Why was there no record of Siza's arrest at the police station? Why after his escape or subsequent to his death did the police not visit his home? - It seems strange that Siza would remove cuffs from only one hand after his escape and travel from CR Swarts to KwaMashu with hand cuffs on one wrist. - Given the fact that both Siza and his brother were "wanted members of a gang", it seems odd that the SAP at no point searched the Nyawose house where Siza and his brother stayed. - Mr Sithole's claims differ from the police version of events. Why if Mduduzi Sithole was known to the police, did they inform Mr Sithole that the man they shot was unknown to them - particularly when after the shooting, they entered the house and searched Mduduzi's room? 202 - Mr Sithole claims his son had three bullet wounds in the back of his head. If this is true, it would seem to indicate that Mduduzi was shot with his back to the police. - Why was"*no statement taken from Mr Sithole? - Mabuso's version of Keke Nyawose's death differs strongly from that given by the police. The family claim that they were informed by the KwaZulu police that Keke had been killed in Mandeni. Mabuso's affidavit corroborates this. Why did Col. Roux and the police report in Servamus claim that he was shot in KwaMashu? * -fc - If Keke Nyawose was shot in Mandeni, why was his body moved to Gale the mortuary? - If MN was indeed told to make a false statement, this is an extremely serious matter. CASE SIXTEEN Two arrested by Murder and Robbery Unit 13 October 1994 Two youth arrested by members of the Durban Murder and Robbery Unit allege in affidavits made to NIM that: They were arrested on 13 October 1994 by detectives of the Murder and Robbery Unit who were accompanied by members of the Internal Stability Unit. One of the youth alleges that he was assaulted by the police outside his house and also on the way to the police station. The youth claim that they were taken to C R Swart Square where they were placed in the cells. On 14 October, members of the Murder and Robbery Unit moved them to Fynnland police station allegedly because "people knew where they were being held". The youth say that at Fynnland they were assaulted and tortured. One youth had a policeman walk on his back while the other had rubber tube placed over his face while being tied to chair. Both youth also allege that threats were made against their lives. After being interrogated, they were taken to Brighton Beach police station, before being released without being charged. (NIM) 203 CASE SEVENTEEN Death of Xolani Ndlovu 1 November 1994, Kwamashu Police report of incident At about 02h45 on 1 November 1994, members of the Murder and Robbery Unit based in Durban were on duty in KwaMashu. The police went to a house to arrest a suspect. They entered a back room where the suspect was sleeping. The police ordered two other suspects out of the room and Xolani Ndlovu remained in the room. He then took out a 9mm pistol "with the view of shooting the policemen". The policemen shot the deceased "who died on the spot". The police recovered the following weapons: - one 9mm pistol - four magazines - one shotgun - one 32 revolver The police identified the dead man as Xolani Ndlovu and arrested the two suspects who had been in the back room with Ndlovu. Statement by Xoiani Ndovu's mother On 1 November 1994, two detectives of the Murder and Robbery Unit arrived at her home at about 03h30. The police officers (detectives Mabanga and Mabatha) entered the house and questioned her as to the whereabouts of her son. They asked her where her son's weapons were. While being questioned, she was assaulted by the detectives. They demanded that she show them the receipts for a fridge, television and radio. When she was unable to show a receipt for the radio, she was arrested. Mrs Ndlovu was taken to KwaMashu police station where she was told by the detectives that they had "killed her dog". The police officers also insulted her and called her a "whore". The detectives also showed her some weapons and questioned her about the guns. They threatened to beat her "to get the truth". Mrs Ndlovu was taken to the Bluff police station where she was interrogated. During the interrogation, detective Mbatha kicked her in the stomach. At about 16hOO, Mrs Ndlovu was released and taken back to KwaMashu. Affidavit made by Mandlenkosi Ndlovu On 1 November 1994, at about 03hOO, the door of the room Mandlenkosi was sleeping in, was kicked open. About eleven policemen entered the room. Mandlenkosi Ndlovu and another person who was also in the room, were ordered outside and made to lie on their stomachs with their hands behind their heads. Mandlenkosi claims that he heard Xolani Ndlovu, who had remained in the room, being assaulted with the butt of a rifle. Mandlenkosi then heard Xolani asking if he could put his shoes on. He heard one of the detectives, Mbatha, say "Here is this dog". Mandlenkosi then heard gun shots. After the shooting, Mandlenkosi Ndlovu was assaulted and kicked by the police officers before 204 being arrested. At the police station, Mandlenkosi Ndlovu claims that he was assaulted by the police officers who threatened to shoot him. On 7 November, Mandkenkosi Ndlovu was again interrogated and he decided to admit to charges laid against him because he feared further assault. He alleges that sir*ce the assaults on 1 November 1994, he has problems hearing, and his left side hurts. Statement by Ntobeko Mazibuko Mr Mazibuko was in the room with Xolani Ndlovu when the police arrived. He verifies what Mandlenkosi said about being ordered out of the room and being forced to lie on the ground. Mazibuko was also arrested with Mandlenkosi Ndlovu after the shooting. Mazibuko claims that he was tortured at the police station. The police walked on his back and placed a rubber tube over his head. Medical examinations Medical examinations conducted on 7 November 1994, confirmed that both Ndlovu and Mazibuko had been assaulted six days previously. (NIM, LRC, Independent Medico-Legal Unit) CASE EIGHTEEN Two men assaulted and tortured in police custody KwaMashu, 1 November 1994 Two men were detained at the KwaMashu police cells by members of the Durban Murder and Robbery Unit. They were tied to chairs, kicked, hit over the ears causing temporary hearing impairment), assaulted and one of them had a rubber tube pulled over his head. Monitors traced the two men to the KwaMashu cells 6 days after family members reported that the two went missing during a police raid on a home in which another man was killed. (HRC Natal) " CASE NINETEEN Death of Thulani Khumalo in police custody 24 February 1995, Hammarsdale A murder and armed robbery suspect was shot dead in police custody after he allegedly produced a firearm and fired a shot at a police member. The deceased, Thulani Khumalo (30) was arrested at Mpumalanga by members of the Pietermaritzburg Murder and Robbery Unit on a number of murder and armed robbery charges. This included the murder of two KZP members in Tugela Ferry in 1991 and the murder of SAPS Colonel Slabbed at Malvern in 1993. The suspect took the detectives to a certain house, allegedly to point out a second suspect and some stolen money. During the search, he asked to have his handcuffs removed so that he could retrieve the money. He then produced a 9mm pistol and fired a shot. One of the police officers returned 205 fire, fatally wounding the suspect in the chest. Four live bullets were found inside the suspect's pistol. (HRC Natal) 206 ISU CASE TWENTY State versus P Madlala and five others 24 February 1991 On 28 February 1992, four SAP members were convicted of murder in the Supreme Court, Pietermaritzburg. Another policeman, known as History, who was their accomplice, was convicted of attempted murder. Each of the five policemen were sentenced to a term of imprisonment. The murder and attempted murder occurred on 24 February 1991. The five accused were all attached to the Internal Stability Unit based in Pietermaritzburg. Having monitored an ANC meeting, two white constables and three black special constables stopped their police vehicle and searched a group of black people. The deceased, a young black man, was taken with them for no proven reason. He was assaulted and throttled with a belt in the back of the police van. Thereafter a decision was taken to kill him, and he was taken to a plantation and shot in the face with a shotgun. There was an attempt to cover up both at the scene, and later during the investigation. It appeared the only purpose for killing the deceased was that he would be an embarrassment to the group of policemen who had arrested, assaulted and interrogated him. CASE TWENTY ONE Shooting and death of Moses Mathe MPK case 222: ref DR 111/92 27 February 1992 On the 27 February 1992, Lance Sergeants Mouton (0400535-3) and Fernandes (42411-1) and Sergeants De Jager (069057-1) and Brookdryk (416154-8), stationed at the ISU in Durban, went to search for firearms at Moses Mathe's home. They stated that when they apprehended Mathe, he broke loose and picked up a handgrenade. Before he could throw the handgrenade, a member of the Unit shot and killed Mathe. CASE TWENTY TWO Man shot dead by ISU 8 August 1993 One man was shot dead by a member of the Internal Stability Unit in Bhambayi, Durban in an incident preceding the launch of an IFP branch in 207 the settlement. According to Ed Tillet of the IFP Information Centre, the man was an IFP supporter and was mistaken for a sniper by the policeman. (HRC Natal) CASE TWENTY THREE Death of Shaki Bhomane KwaMashu, 8 October 1993 Shaki Bhomane,aged 25, was shot dead allegedly by police in his home in J Section, KwaMashu. He was an MK cadre who had returned from Tanzania. According to neighbours, there was a large group of attackers, some of whom wore camouflage uniforms. One of the attackers was an Indian man. They arrived in police vehicles. It is suspected that the group were a combination of SAP, KZP and ISU members. The KwaZulu Police claim that it was the South African Police members who killed the man in response to a petty criminal act he had committed in Durban. However, according to MK commander Mr Mbuso, who deals with the J, K and P sections of KwaMashu, it was the KwaZulu Police who came to Mr Bhomane's home prior to his murder. They warned him that if he did not report to the KZP on a certain day, he would soon "be in a coffin". This suggests that there was KZP involvement. The day after the murder, the South African Police came back 3 times to retrieve items they had left behind including a file, and to remove evidence. The investigation continues. (HRC Natal) CASE TWENTY FOUR Assault and shooting of Welcome Kholwa Qinabout, 15 November 1993 An ANC supporter alleged that he was assaulted and shot at by members of the ISU. According to the ANC Southern Natal region, Welcome Kholwa was picked up from his home in Qinabout by the ISU and taken to the IFP offices. He alleged that he was assaulted and beaten up by members of the IFP and then taken away by the ISU again. Along the road, they let him out of the vehicle and shot at him, but missed. Charges are being laid. (HRC Natal) CASE TWENTY FIVE Six youth tortured January 24-27, 1994, North Coast According to statements taken by monitors, it is alleged that ISU members stationed at Safari Lodge stormed a house in Nhlabane at about 19h30 on the 24 January 1994. They broke windows and the door of the house. They allegedly ordered the occupants, six ANC youth, to lie down whilst they searched the premises. During the search, ISU members walked over the youths. No weapons were found in the house. The youth were then made to 208 do press ups for more than 30 minutes They were told to board a Nyala and to sit looking at their penises. If they looked up they were allegedly beaten with the barrel of a rifle. The youth were then taken to the Security Offices at Richards Bay Minerals and were guarded by the company's staff for a number of hours. When ISU members returned, the youth were allegedly made to lie in a row and were kicked and walked on. They were again made to do press ups and kicked in the chest while in this position. They were then taken in a Nyala to Safari Lodge. While in the Nyala, an ISU member told them that if they did not give the ISU their weapons, they would be killed. The youth were made to sing "the comrades are being hated" and allegedly punched. On reaching the Safari Lodge the youth were allegedly kicked, punched, slapped and made to squat in a row holding a rope with their arms parallel to the ground and their heels together. They were then taken to get water. Each youth was made to lie on his back and a hose pipe was put in his mouth. The water was then turned on at high pressure until each youth started to choke. They were then taken to an office one by one. When the first youth returned he had to be supported by ISU members as he was unable to walk. He was thrown on the floor and sprayed with water. The second youth was then taken to a room. Five black ISU members including Dlamlendze, asked him where his weapons were. Before he could answer he was allegedly slapped across the face and made to lie on the floor with his arms spread out. A chair was placed on his back and Dlamlendze sat on it. Dlamlendze then stood on the youth's hands and told him that if he wanted to talk he should move his thumbs. A rubber tube was then placed over his face until he urinated and then fainted. When he regained consciousness one of the ISU members was putting a cigarette out on his wrist. The youth then "confessed", to having a weapon at his brother's house which had been burnt to a shell, for fear of being tortured again. The youth was then carried out of the room until they reached some stairs. He collapsed and rolled down the stairs. The ISU members laughed and told him to come up so they could see him roll down the stairs again. As he could not walk up the stairs they carried him up the stairs and let him go so that he rolled down the stairs again. This was repeated again until the youth managed to stand up. One of the youth was made to blow up a condom. An ISU member hit it with a stone, then the youth was made to eat it. He was then given an electric shock in his ear. At about 19hOO the youths were moved to the front yard when the ISU members changed their shifts. Three white ISU members guarded them and turned away food offered to the youth by a black ISU member. The next day one of the youth was taken to Nseleni and returned with another man. The youth was allegedly beaten as the ISU members said that he had pointed out an IFP supporter and he was only supposed to point out ANC members. At about 20hOO another youth was taken to point out weapons. When ISU members realised that the house was a burnt shell and deserted, the youth was allegedly punched. He was told to admit ownership of a pistol handed to him by one of the members and then beaten until he was unconscious. Some of the youths were later taken to KwaMbonambi police station. They were told that if they denied ownership of the guns they would be shot. An SAP member, moved them into a cell with other cell mates so that they could be helped as they could not move properly. The next morning they were 209 taken to a doctor. The youths in question appeared in court on charges of illegal possession of firearms but were later released (Source: NIM) CASE TWENTY SIX Death in Custody February 20, 1994 ISU members, two blacks and one white, allegedly assaulted a man in the Nyoni area after searching his premises for a firearm and dagga. The grabbed him by the leg and threw him to the floor. They then put a rubber tube on his face and tried to suffocate him. He denied that he had a firearm and dagga. A relative and a friend of the man were then made to hold irons connected to a machine in each hand and fold their hands. Each time they folded their hands they received an electric shock. They were then taken to a nearby house and put under guard. The man later died. SAP members at the scene told the relatives that he had possibly been strangled and advised the relatives to go into hiding from the ISU as they were witnesses to the alleged murder. The official police version was that the man died of a heart attack. (Source: NIM) CASE TWENTY SEVEN Torture and death of Fanie Ngema 20 February 1994, Nhlabane * An ANC member Fanie Ngema was allegedly killed by members of the ISU at his home in Nhlabane on the North Coast. According to the ANC, the ISU raided Mr Ngema's home and demanded a gun from him of which he denied any knowledge. They then proceeded to torture him using an electric shock as well as a tube. Other police officers allegedly kicked him on the head and body. According to the ISU, the man died while they were questioning him. A state pathologist confirmed however, that the man died from internal injuries caused by torture, including the use of a tube. (HRC Natal) CASE TWENTY EIGHT Assault and torture of Innocent Khuswayo Ezakheni, 8 March 1994 Innocent Khuswayo an ANC member, alleged that he was arrested and assaulted by members of the ISU. He alleged that they arrested him and then electrocuted him in an Nyala. He was taken to the hospital for a medical examination. The matter is being investigated by Captain Botha of the Ladysmith Police. According to Nadel, residents in Ezakheni reported that members of the ISU had been harassing them on that day. (HRC Natal) 210 CASE TWENTY NINE Death of Vivienne Mbambo Besters, 21 March 1994 On 21 March 1994, NIM monitors working in Besters informal settlement received information that a man had been shot. On arrival, they found the Internal Stability Unit present at the scene. A crowd of young people had gathered, and there seemed to be tension between the police and the crowd. A dead body lay nearby. A revolver and a bottle containing paraffin and water were on the ground close to the body. The NIM monitor spoke to the ISU member who told the monitor that they had shot the deceased who was armed with a gun and petrol bomb. Shortly after this, the KZP arrived to remove the body. The monitor spoke to the KZP who confirmed that the gun found was not loaded. The monitor spoke to residents and their version of events differed from that of the police. The monitor immediately handed the witnesses over to a lawyer who took affidavits from three of them. The following allegations are contained in these affidavits. The first two witnesses allege that they were asleep in the house with Vivienne Mbambo, the deceased. They were woken up by teargas. Vivienne left the house to go and wash. Outside, he saw three policemen. Vivienne ran from the policemen who chased him through the house. The policemen shot the deceased outside the house. According to these witnesses, a policeman entered the house after the shooting, took a bottle from the kitchen and filled it with paraffin and water. These witnesses also claim that one of the policemen went to the police van, removed a firearm and placed it next to the body. The third witness alleges that a crowd of youth had gathered to commemorate Sharpeville Day. The ISU arrived and teargassed the crowd. People ran away, and shortly thereafter he heard a shot fired. The witness approached the Ncgobo house and saw Vivienne Mbambo lying dead. This witness claims that when he first saw the body, there was no gun near it. However, sometime later when the KwaZulu police arrived to take the body away, he saw a gun lying on the ground next to Vivienne's body. The matter has been referred to the Attorney-General. (NIM report) CASE THIRTY Assault by ISU Umlazi, 20 May 1994 An ANC member was assaulted and his brother injured by members of the ISU based at the Point, who forced their way into house H531 to conduct a weapons search. One of the ISU members allegedly said that he was an IFP member. The door of the home was also damaged. No weapons were found. (HRC Natal) 211 CASE THIRTY ONE Assault of Zakhele Mabika Ngwelezane, 9 August 1994 A Cosatu shop steward, arrested in connection with the theft of a company car, was allegedly assaulted with a rubber tube at the Ngwelezane ISU station. The victim, Zakhele Mabika, has declined to lay charges (HRC Natal) CASE THIRTY TWO Assault by ISU Mahlabathini, 23 August 1994 A man was allegedly assaulted with a rubber tube in his home by members of the Mtubatuba ISU who were searching for an illegal firearm which they suspected him of possessing. The man was admitted to hospital and later released. He is Mazwi Qoma. The ISU found no firearm. (HRC Natal) CASE THIRTY THREE Elderly people assaulted 27 August 1994 An elderly man and woman were assaulted by members of the ISU based at Mtubatuba. According to the Empangeni Operational Centre, the ISU members arrived at the Khoza kraal and began hitting the elderly occupants. The police officers then asked for weapons. A constable from the Empangeni CID arrived and questioned the ISU. The ISU members then allegedly fled. (HRC Natal) THIRTY FOUR Four people tortured and assaulted in police custody KwaMthethwa, 26 December 1994 Four IFF members who were arrested by ISU members shortly after a massacre of 10 people were allegedly tortured by the ISU members wishing to extract confessions from them. (HRC Natal) 212 THIRTY FIVE Man and two sons assaulted January 22 1995 A man was allegedly punched three times in the chest by four white ISU members stationed at Safari Lodge after he had handed a suspected car thief over the KwaMbonambi SAP. The suspect had allegedly told the SAP that he had an unlicensed firearm. ISU members allegedly also assaulted his two sons and a friend. They allegedly tried to suffocate the latter with a rubber tube. ( NIM) THIRTY SIX Torture of two men in police custody KwaMashu, 9 March 1995 Two KwaMashu men alleged that they were assaulted and badly injured by ISU members who arrested them for being in possession of an illegal firearm, the two men were then detained in the KwaMashu police cells from where they were released following the intervention of the Network of Independent Monitors. The two men intend to lay charges against the ISU members and have approached the Legal Resources Centre. They further allege that the gun found in their possession did not belong to them but was planted in their home by another KwaMashu resident. (HRC Natal) CASE THIRTY SEVEN Assaults of two youth, KwaMashu 8 March 1995 In statements made by two youth in KwaMashu, they allege that on 8 March 1995, they were taken into custody by members of the SAP. They were placed in a police kombi and taken to the KwaMashu police station. One of the youth claims that the driver of the kombi was wearing an ISU uniform. The youth allege that they were assaulted by the police on the way to the police station. They were held at the police station overnight before being released the next morning. No charges were laid against either of the youths. Both youths have since received medical treatment for the injuries they received as a result of the assaults. One youth claimed that the doctor he saw at the KwaMashu polyclinic said, "he could not fill in a report on his examination". Questioned later by monitors as to why he had not filled out forms regarding the assaults, he replied that they only filled the forms out on Thursdays because they were busy. The case has subsequently been referred to a private doctor. One of the youth assaulted has laid a charge against the policemen involved. (Source: NIM Natal) 213 CASE THIRTY EIGHT "Riot unit cop refuses to give any answers" 15 September 1993 A member of the riot unit refused to answer questions during a murder inquest in New Hanover court on the grounds that his evidence might incriminate him. Constable Peter Smith was testifying in the second inquest into the deaths of Vusumbango Ngcobo and Bongokwakhe Gasa who were killed on 6 January 1990. The first inquest was held in April 1992, when the inquest found that criminal acts had been committed by "persons unknown". Witnesses to the murder said that a white man and three black men drove up to the homestead of Ngcobo, got out and gunned down two fleeing suspects. Smith said in a statement to the first inquest that he was on patrol in the area when he was approached by a KwaZulu MP who told him that he had been attacked by armed men. Smith and three man got into a car with a KwaZulu registration to look for the attackers. Smith said that shots were fired at them and he returned fire. He drove in the direction of a homestead. The other men got out of the car and ran towards the homestead. Smith remained at the car and heard shots fired. The men returned to the car shortly afterwards, and when questioned by Smith denied that anyone had been shot. During the second inquest, Smith "frequently made use of his rights under the section 203 of the Criminal Procedures Act". He confirmed that he was on duty at the time, but declined to answer questions related to: - his precise movements - whether he had handed his firearm to other men in the vehicle - the vehicle itself (Natal Witness, 18 September 1993) CASE THIRTY NINE VIOLENT CRIME INVESTIGATION UNIT Death of Nono Mavundla Gamalakhe, 13 September 1994 An ANC member and suspect in a murder case, Nono Mavundla was shot dead when 8 members of the Port Shepstone Riot and Violent Crime Investigative Unit apprehended him in his home. When the suspect tried to run away, the policemen shot and killed him. Both the ANC and the Community Relations of the Port Shepstone Police were outraged at this incident. According to the family of the deceased, the police had arrived at the house and asked Mavundla what his name was. When he gave a false name, they laughed at him and took him outside where they beat, kicked and then shot him. At that stage he was not dead from his injuries and the police called for an ambulance to take him to the Murchison Hospital. He allegedly died en route. The family state that when they went to see the body at the mortuary, there were hack wounds in the head which were not there previously. They also stated that the ambulance had taken a long time to reach the hospital. (HRC Natal) 214 CID CASE FORTY Five Bergville youth assaulted December 1993 In December 1993, police officers from the CID arrested five youth for possession of illegal firearms. The youth alleged that while in custody, they were kicked and punched. They were then ordered to take their clothes off. Their hands were handcuffed behind their backs and were then made to lie on the floor. Cold water was allegedly poured over them and then a car tube was placed over their mouths and noses repeatedly until they confessed to ownership of certain weapons. Statements were taken from two of the youth by the Network of Independent monitors. A civil claim was instituted. However, it was withdrawn after the youths left the area and were unable to be traced. (NIM) 215 SAPS CASE FORTY ONE Death in custody of Siphiwe Gumede (aged 13) Chesterville, 3 August 1994 A 13-year-old boy was shot dead at about 3:30 am by members of the SAPS in the Chesterville police cells when he allegedly attempted to escape. The boy, Siphiwe Gumede, was arrested by members of the CIS at 2:30 am on a charge of attempted murder and was detained at the police cells. The police allege that when he was taken out for interrogation, he broke loose and started running. A verbal warning was given, followed by a warning shot. When he did not respond, shots were fired. According to the postmortem report, the boy had two gunshot wounds in the back and one on his wrist. The policeman responsible for the arrest was also the policeman who investigated the shooting. Family members only received access to the body after the post mortem had been conducted and found that the deceased had been registered as a twenty year old male.. Family members were concerned about the validity of the post mortem and the investigation conducted and resorted to requesting journalists to take photgraphs of the body while it was lying in the coffin. (HRC Natal, Medico - legal Unit) CASE FORTY TWO Death of Thulebona Bulale Ngwazi MPK case 82: ref DR 56/90 On an unspecified date in 1990, Sergeant M J Schamrel and Constable D Pillay, stationed at Radio Control in Durban, met Thulebona Bulale Ngwazi, who claimed to know the whereabouts of an illegal firearm. He entered the vehicle in order to direct them to the scene and then produced a firearm and allegedly fired at the members. They returned fire, killing the deceased. Lieutenant Colonel Beeslaer commented that the members neglected to search the deceased before allowing him into the police vehicle, which could have resulted in members being killed or injured. CASE FORTY THREE Death of an unidentified male MPK case 78: ref DR 23/91 27 June 1991 Embo Reserve On 27 June 1991, Constables D W Fireson (0428868-8) and Pretorious, stationed at Hillcrest SAP, attended to a complaint of black males carrying parcels along a railway line in the Embo Reserve. One suspect was arrested and the other two ran away. The members claimed that they fired warning shots and thereafter three shots which killed an unidentified black male. 216 CASE FORTY FOUR Death of Bafana Hadebe MPK case 66: ref CR (A) 292/08/91 26 August 1991 .« On 26 August 1991 at 12h40, Constable Smanga Enock Mthembu, stationed at Tongaat SAP, arrested Bafana Hadebe on suspicion of theft. He claimed that as he placed him in the back of the police van, Hadebe tried to deprive him of his firearmn. In the struggle, he fatally wounded Hadebe. CASE FORTY FIVE Death of Sipho Nayinayi Ntozakhe MPK case 70: ref DR 25/91 5 October 1991 Umhiali On the 5 October 1991 at 12h20, Sergeant R Ramanna (0605683-1) and Lance Sergeant S B Qwabe (0609317-5), stationed at Umhiali SAP, arrested Sipho Nayinayi Ntozakhe. They claimed that on the way to the police station he broke free and ran and as he was about to disappear, they fired several shots at him. Ntozakhe later died. CASE FORTY SIX Death of James Venter MPF case 25: ref Inq 167/91 6 October 1991 Marburg On the 6 October 1991, Lance Sergeant C H Coetzee (0406784-30, Sergeant R Haripersad (0601302-1) and Constable K W Msomi (0174834) of the Port Shepstone police station were on patrol duties in Marburg when they found the deceased, James Venter, lying on the road. They claimed that he appeared to be very drunk. They conveyed him to the police station and left him in the yard to sober up. Later he was found dead. Lieutenant Hannaway was called out to the police station where he was shown the body of the deceased. He claimed that the deceased smelt of sorghum beer. He also noticed a pool of liquid around the deceased's head and specks of saliva on his beard and moustache, but noticed no visible injuries. CASE FORTY SEVEN Death of Petros Gumede MPK case 20: Ref 385/12/91 13 December 1991 Pietermaritzburg On the 13 December 1991, Lance Sergeant J S Viljoen (0420595-2) and Constable V M Nkosi (0604573), stationed at Pietermaritzburg, received a complaint of a stolen vehicle at the Norfolk Hotel in Church Street. They proceeded to Church Street where the vehicle was located. One of the 217 members attempted to stop the vehicle but failed. They gave chase, firing several shots at this vehicle which continued at high speed. During'the shooting, a bystander Petros Gumede, was shot and fatally wounded by a stray bullet. CASE FORTY EIGHT Mlondolozi Ntombela January 1992, Imbali According to police spokesperson Cpt Henry Budhram, Ntombela was arrested of charges of murder, armed robbery and rape. "He was taken on investigation where he pointed out a suspect who was subsequently arrested. During the investigation, the deceased suddenly attacked the investigating officer by kicking him, after which he fled." "He was later seen fleeing through the stormwater drain and after ignoring a number of warnings to stop, the police were forced to shoot in order to apprehend him. He died as a result of gunshot wounds." Ntombela's aunt Zodwa said that he was arrested on Thursday morning. "We thought that he was being taken for questioning, although we were not aware of any offense he committed. In the afternoon, we heard rumours that he was dead. We went to the mortuary on Friday and found him. The most puzzling part is the removal of his eyes. Why were his eyes gouged out?" (Natal Witness 30/1/92) CASE FORTY NINE SAP guilty of torturing suspect in Durban District court judge Mr C. Gericke found three Durban policemen guilty of assaulting a suspect at C R Swarts Square headquarters. They were given suspended jail terms and ordered to pay the victim R5 000 in damages. The convicted policemen are Constables Ronnie Pillay of Tongaat, Dhavendhran Agumberan Moodley of Tongaat, and Sume Kasipersad of Belvedere. (The Cape Times, 8 April 1993) CASE FIFTY Search for torture instruments denied The Supreme Court refused an application to search a police station in Pietermaritzburg for torture equipment allegedly used against Mr Mduduzi Maphanga. Maphanga claims that he was suffocated with rubber tubes and tortured with electric shocks. (The Cape Times, 12 August 1993) 218 CASE FIFTY ONE Simon Msweli and Michael Mthetwa 14 August 1992, Empangeni Police autopsy revealed cause of death as multiple wounds inflicted during a Shootout with the police. (HRC Natal) CASE FIFTY TWO Torture of Table Mountain massacre suspect Mr Sibusiso Zulu, aged 19, told the Supreme Court in Pietermaritzburg that police tortured him in an attempt to force him to confess to the killing of six school children and the attempted murder of 15 others at Table Mountain in March, 1993. (The Cape Times, 12 August 1993) CASE FIFTY THREE Death of Kader Shaik February 1993 Mr Shaik was arrested after family members complained that he was making a disturbance. Police spokesperson Bala Naidoo confirmed that Mr Shaik was arrested after a family member complained, but said that it was done for his own safety. "Later that night, when police went to inspect the cell, they found Mr Shaik was dead". The deceased was under the influence of alcohol when he was arrested. A family member said that they had requested an independent pathologist to conduct a post-mortem. The family member said, "We are quite upset. When family members tried to negotiate Mr Shaik's release on Monday night, they were told he could only be released the next morning". (Post newspaper, 24/2/1993) CASE FIFTY FOUR Theo Francis May Berea/Durban 29 May 1993 Died in a fight with police. He had been arrested after police were told he was wanted on a charge of abduction. He reportedly escaped from the car in which the police were holding him and a fight broke out when two police officers caught him on a bridge. The police said he had tried to jump off the bridge, and they had tried to stop him. (HRC Natal) 219 CASE FIFTY FIVE Man shot while allegedly attempting to escape 30 August 1993 The South African police force shot dead a man who tried to escape after they arrested two suspects for the killing of a member of the SAP earlier in the month. The name of the deceased is Sifiso Kheswa A meeting was held the following day to discuss the killing after the ANC strongly protested against the use of force by the SAP (HRC Natal) CASE FIFTY SIX Abduction and assault of two ANC supporters Bulwer, 25 September 1993 Members of the South African police force allegedly abducted and assaulted 2 supporters of the ANC, Mthindeni Nzimande and Nkosiyakhe Zundi. They alleged that the police abducted them and took them to their homes to search for weapons. Mr Nzimande alleged that he gave the police a handmade weapon which he had in his possession. After this, the police took them to a school and assaulted them and then left them without laying charges. (HRC Natal) CASE FIFTY SEVEN Shooting of Wellington Mbili 4 October 1993 Calls for investigation by the Goldstone Commission On 5 October 1993, the Goldstone Investigative Unit received an urgent request from attorney Silochini Pillay on behalf of the ANC to investigate the death of Wellington Mbili. According to Ms Pillay, Mr Mbili had been arrested in Bizana a month before his death. He was held in custody in a police station in Port Shepstone. On 29 September 1993, Ms Pillay wrote to the police informing them that Mr Mbili had complained to her that he had been assaulted while in police custody. On 4 October Ms Pillay was informed that Mr Mbili had been killed at Murchison as a result of a handgrenade blast. At the time of his death, he was in the company of two policemen. On 18 October 1993, the secretary of the Port Shepstone Peace Committee sent a letter to the Goldstone Commission regarding the incident. The letter states "Wellington Mbili is the second suspect to die in police custody in the area recently. On 30 August 1993, a suspect was shot while allegedly trying to escape from custody. It seems that both were suspects in the murder of a policeman in Gamalakhe in September 1993." The Goldstone Investigative Unit was informed by the police that detectives from the Murder and Robbery Unit in Durban were investigating the killing of the policeman. 220 On 7 October 1993 the Goldstone Investigative Unit received a letter from the chief legal officer of the SAP asking them on what basis they were investigating the Wellington Mbili case. The letter stated that the role of the Commission was to investigate public violence and intimidation. It was stated in the letter that this case fell outside the Commission's role as it was a criminal and ctepartmental investigation. Comments from 'Practical Ministries' monitor who visited the scene The members of the Mbili family were attempting to secure bail for Wellington Mbili at the time of the incident. The monitor alleged that on the day of the incident, when family members went to the Port Shepstone police station, they were informed that Wellington Mbili had been transferred to Hiberdene police station. They then proceeded to Hiberdene police station and were told that he had been moved to Paddock. Wellington Mbili never arrived at Paddock police station. CASE FIFTY EIGHT Four suspects tortured Four ANC members laid charges of assault against the police following the killing of two Kokstad policemen. The four, accused of killing the policemen, said that they were detained, questioned and beaten by police before being released. (The Cape Times, 28 October 1993) CASE FIFTY NINE "Man savaged by dogs" Chesterville, 8 January 1994 A member of Umkhonto weSizwe was savaged by two police dogs, and kicked and beaten without warning or provocation by four members of the Flying Squad based at the Point in Durban. The four policemen allegedly arrived at Chesterville at 12 midday, and drove around the township before stopping at the sport's ground. An MK function had been held in the venue and the flags were still flying. From within one of the vehicles, they called over Jabulani Ziqubu, a well-known MK member. When Jabulani was 5m from the vehicles, one of the police dogs was released and it chased him into a nearby storm water drain, which was flowing strongly. He was bitten on his legs and arms. The police then released another dog and both dogs continued to savage him. The police allegedly fired three shots which did not strike anyone. They beat and kicked Jabulani with their boots, splitting the skin above his right eye. They then handcuffed Jabulani and took him to the Cato Manor police station where he was charged with possession of dagga -which was allegedly produced from one of the policemen's pocket. Jabulani was kept for two days and then released. (HRC Natal) 221 CASE SIXTY Alleged APLA attack on Pine Parkade Durban , 17 January 1994 One innocent bystander and three alleged APLA attackers were killed during an attack on a police sub-station at Pine Parkade on 17 January 1994 at 01HOO. At the time of printing, this matter is still the subject of an inquest, and the incident will not be dealt with in much detail. The following appear to be the facts of the matter: The police received a tip-off from a reliable source that the police station was to be attacked at 01 HOO, and positioned themselves in strategic points around the parkade. Three alleged APLA cadres (armed with one AK47, one CZ83 9mm pistol and one handgrenade) are said to have arrived, spray- painted slogans on the wall and then proceeded to the parkade where a handgrenade was thrown into the police station. The police then opened fire. One attacker was killed at the police station, where the CZ83 pistol was recovered. The second was killed while fleeing and was apparently unarmed. The third was killed on the sidewalk of another block, and the AK47 was found nearby. The innocent bystander that was killed was further away. Concerns • Why did the police not take preventative action given that they had prior warning? - The pathologists report regarding the third suspect indicates that he was shot from above, with a pistol in the back and the back of the head. If this was true, did he pose a danger to the police at the time the fatal shots were fired? The innocent bystander was allegedly shot three times with an AK47. Police denied that they had anyone near that deceased person but police cartridges were found next to the body. A residue test performed on all four deceased was returned as positive, which raises some concern with regard to the conducting of those tests as the bystander had not fired a firearm. Despite the fact that the incident took the form of a running gun battle in the middle of the city and near a busy nightclub, no statements from independent witnesses were taken. (NIM) CASE SIXTY ONE Attack on funeral vigil Umbumbulu, 21 January 1994 Members of the South African police from Amanzimtoti allegedly opened fire on a home where an ANC funeral vigil for an MK cadre killed in a Shootout with the SAP was taking place. The occupants of the home and the ANC alleged that policemen arrived in a Hi-ace at 1.30 am and parked outside the front gate. They then opened fire 222 on the house, causing the mourners to flee and wounding one man. The injured person was shot three times in the back and was taken to hospital. The SAP denied that this incident had occurred (HRC Natal) CASE SIXTY TWO Torture of suspected APLA cadres 15 February 1994 Two suspected APLA cadres convicted for their participation in a 1993 murder of a white woman in a Newcastle night club claim that they were tortured by police in KwaZulu Natal for 12 days Andile Tschiceka (25), and Falubango Tanda (34), both of Port Elizabeth, said that their assaults began the moment they were arrested in Madedeni Township outside of Newcastle, Natal on 15 February 1994. Police ordered them to lie on the ground, and beat them with their rifle butts. The beatings continued at the police station where they were taken to separate offices. They were interrogated about the killing of a white woman in a Newcastle nightclub in late 1993. One police officer would ask questions, and if they refused to answer, another would enter the room and beat them. Mr Tschiceka and Mr Tanda claim that various methods of torture were used against them: beatings, suffocation with plastic bags, assaults on their genitals, and sleep deprivation. Their torture and interrogation started each day at 4 a.m. and continued until the evening. This happened for four days until they had signed confessions admitting to the crime.However, the police continued to torture these two suspected APLA members in order to obtain statements about incidents that occurred in the Western and Eastern Cape. Andile Tschiceka and Falubango Tanda are currently serving 25 year prison sentences at Pollsmoor maximum security prison in Tokai, Cape Town. (Trauma Centre for Victims of Violence and Torture) CASE SIXTY THREE Youth abducted and assaulted Eshowe, 12 June 1994 A youth was abducted and assaulted, allegedly by Thulani Zulu. Zulu is an SAP constable and son of local IFP-supporting Chief B I Zulu. According to sources, Jabulani Mzimela (17) was walking in Gezinsila township when Thulani Zulu drove up, stopped his car and began assaulting him. Thulani then forced Jabulani into the boot of his vehicle and drove off. It is alleged that Zulu had been heard publicly saying that he was going to personally avenge the murder of an IFP warlord who was killed on 10 June 1994 (HRC Natal) 223 CASE SIXTY FOUR Unnamed man 29 July 1994 Loop Street, Pietersmaritzburg Died in custody while trying to escape through the cell window, but got stuck and suffocated. (HRC Natal) CASE SIXTY FIVE Death of Boza Nzimande Cato Ridge, Durban 1 September 1994 According to an independent monitor, the deceased Boza Nzimande, was taken by the police for questioning regarding incidents of violence in Njobokazi and Umbumbulu. It is alleged that he was killed by members of the police force. (HRC Natal) CASE SIXTY SIX Death in custody of a robbery suspect 12 October 1994, Glencoe A robbery suspect died in the Glencoe police station cells from a ruptured spleen sustained when he was assaulted by the owner of a farm house he was attempting to rob. The farm owner apprehended the robber and set dogs on him, before he then jumped up and down on the robber's stomach. The police were then called in and arrested the robber. He was detained in the Glencoe police cells and was not given any medical treatment. He died within a few hours. (HRC Natal) CASE SIXTY SEVEN Death in custody of an unnamed boy 15 December 1994 Humewood A boy (aged 10) awaiting trial on charges of assault, died after being attacked in the Humewood police cells. Police confirmed that he had burn wounds on his chest and between his toes. (HRC Natal) 224 CASE SIXTY EIGHT Detention of Seventeen People April 1994 Vryheid In April 1994 seventeen people were detained in connection with an arson attack in Paulpietersburg. Six of the detainees claimed that they were tortured and assaulted during interrogation by SAP members. The allegation of torture and assault included being; threatened with firearms tubed/choked slapped and hit made to lie on the ground while policemen walked or jumped on their bodies hit with the butt of a gun (LRC, Natal) 225 Mooi River cases CASE SIXTY NINE Alleged SAP links to the murder of Derrick Majola August 1991 Bruntville Mooi River SAP were accused of being involved in the assassination of Mooi River ANC leader, Derrick Majola who was gunned down with his wife at their home in Bruntville by four gunmen. Residents and one policewoman claim they were aware, shortly before his death that Mr Majola would be assassinated. Mr Majola's cousin, Nomusa Majola said that she was interrogated by the SAP a few days before the murders and claims that the police told her that Mr Majola was going to die and warned her not to go back to her cousin's house. Mr Ewald Malinga, secretary of the Bruntville Civic Association, told the Natal Witness that a former senior police officer had warned him that he was "walking in pools of blood" and that Mr Majola's death was imminent. (Natal Witness, 10 August 1991) Allegations of SAP Misconduct January 1993 Bruntville In January 1993 a memorandum was prepared by the Legal Resources Centre for the Goldstone Commission, detailing allegations against the SAP of misconduct during the period 1/01/93 - 17/01/93. In the memorandum residents of Bruntvitle alleged that they were assaulted and tortured by members of the SAP. Thirty four statements were made. The most serious allegations are listed below; CASE SEVENTY Gregory Sekela 1 January 1993 Mr Sokela says that he was assaulted and insulted by three policemen at Thinasobabili Section, Bruntville. He says that he was punched in the face by one policeman and struck again in the face by a policeman's knee, he alleged that he was wrongfully and malisciously charged with resisting arrest and attempting to steal a policeman's firearm. He was held in detention for 10 days before appearing in court. He was also refused permission to see a doctor for 10 days. 226 CASE SEVENTY ONE Winnie Mabaso January 8, 1993 * At approximately 16:30hrs at the Springfield Stud Farm in Bruntville, ISU members allegedly broke down the front door of Ms Mabaso's house. She says that she was insulted by one ISU member who called her a "fucking Kaffir". Ms Mabaso's daughter, Patricia, says that the ISU members threatened to shoot her if she failed to show them where the guns were. She was also allegedly beaten. On 13 January, Patricia alleged that she was threatened by another ISU member who was brandishing a knife. CASE SEVENTY TWO Elizabeth Sibisi 9 January, 1993 At approximately 18:00hrs, Ms Sibisi intervened to ask SAP members what was going on when she observed some of them assaulting her grandchildren Ms Sibisi says that she was subsequently assaulted by two black SAP members who attempted to drag her out of her yard. They also insulted her, calling her a "bitch". An armoured vehicle arrived with more SAP members who also assaulted her by slapping her face and kicking her. CASE SEVENTY THREE Mandla Mkhize (17yrs) 9 January 1993 At approximately 17:30hrs, ISU members came to Mr Mkhize's home whilst they were having a party. The SAP members allegedly trampled over their food and forced them to drink home-made brew. The SAP members then let off tear cannisters inside the house. Mr Mkhize was then assaulted by police members who kicked him. He was taken to a police van where both he and his brother, Patrick, were assaulted further. CASE SEVENTY FOUR PatricK Ndlovu (18yrs) 9 January 1993 Mr Ndlovu, who was attending the same party, claims that he was assaulted by four white ISU members at Vezunyawo Section, Bruntville. He says that one of the SAP members was hitting him with a black stick and the others used the butts of their rifles. They struck him on the abdomen and punched 227 him on the ears. He was further assaulted by another white policeman and an Indian policeman who kicked him on the groin, hip and legs. His friend Mandla was forced to sing ANC songs whilst they assaulted him. He observed tear gas being fired into the house where the party was going on and that one cannister had landed near an elderly woman. CASE SEVENTY FIVE Phumlani Khanyile (14yrs) & Nkosinathi van Wyk (12yrs) 9 January, 1993 Both youths were picked up by SAP members in Phumlasi Section, and were taken to their homes were they were allegedly slapped around the face while they were questioned about the whereabouts of firearms possessed by their brothers. CASE SEVENTY SIX Simon Bheka Mncunu 9 January, 1993 At approximately 18:30hrs, in Mkhize Street, Bruntville, Mr Mncunu was allegedly assaulted by members of the ISU. Mr Mncunu says that he was struck with a sjambok and rifle butts and sustained a gash on his left temple. He says that he was further assaulted by police who punched, slapped and kicked him. He was then taken to the police station, but was released on his arrival there. CASE SEVENTY SEVEN Sibusi Mazibuko 11 January, 1993 Mr Mazibuko claims that he was assaulted near his home by members of the ISU. He was punched in the face, causing his nose to bleed. At his home he was punched again in the face and was kicked in the stomach. CASE SEVENTY EIGHT Rosie Rooi 11 January, 1993 Ms Rooi claims that seven policemen came to her house at approximately 09:00hrs and took away her mentally ill brother. She alleges that the SAP 228 members smashed down the door because she did not have the key. They threw her brother's belongings on the floor and smashed the new kitchen cupboards, as well as pouring a bucket of water on the floor. During this time some of the SAP members were punching her brother in the face. They then made him lie on the floor of the police van, stood on his arms and tied a cloth around his mouth and poured water on his face. CASE SEVENTY NINE Gerald Fanile Mchtmu 11 January, 1993 Mr Mchunu alleges that he was assaulted at his home by SAP members who were searching the premises. He says that he was hit on the face and his left side of his jaw with fists and gun butts. The SAP members also took a bucket filled with water and forced his head into it and held him down with their feet. While his head was held down he was hit with gun butts on his back and shoulders. The police also turned everything upside down before they left. CASE EIGHTY Mandla & Sipho Sokhele 12 January, 1993 Mr Sokehle says that he was at home with his mother when 11 members of the ISU came and assaulted he and his brother Sipho. He says that his mother was also assaulted and was kicked and slapped. Mandla and his brother were pushed into a combi and they were again assaulted with the butt of a rifle and Mandla's head was banged against the window of the combi. They were then taken to a forest where they were again assaulted and choked. Mandla says that a shot was also fired passed his ear. CASE EIGHTY ONE Swakile Bhengu (16yrs) 12 January, 1993 Mr Bhengu says that he was visiting friends when he was accosted and assaulted by SAP members. He says that he was hit with a kettle that one of the policemen picked up. He says that he was handcuffed below his knees and then hung from a tree. One of the SAP members then assaulted him with a stick and also hit him on the knuckles. He claims that he was further assaulted having been taken down and put into a combi. 229 CASE EIGHTY TWO Mduduzi Nene (15yrs) & Seven Others 12 January 1993 Mr Jabulani Nene says that he went to a nearby house where he found his son Mduduzi and seven other youths who had been badly assaulted. All of them were naked and had blood coming from their faces. CASE EIGHTY THREE Sibusiso Mkhize (18yrs) 12 January, 1993 Mr Mkhize was visiting his friends when at approximately 22:30hrs, SAP members arrived at the house, kicked open the door and ordered everybody outside. Mr Mkhize says that he was kicked by two policemen and was then handbuffed on his wrists. A tree branch was then placed through his arms and he was suspended from a tree for about thirty minutes whilst SAP members assaulted him periodically. CASE EIGHTY FOUR Johannes, Khehlo & Maria Sokhela (67yrs) 12 January, 1993 Mr Sokhela says that SAP members came to his home to search it. During the search he went to the toilet and was followed by two SAP members. He was questioned about a gun and was punched in the chest several times when he failed to give a satisfactory replies. Mr Sokhelo's mother, Maria, alleges that she witnessed the SAP beating up her sons. She says that when she saw Khehlo lying on the floor covered in blood she tried to get the policemen to stop beating him. She was then hit in the face and kicked and punched in the ribs, legs and arms until she fell. Ms Sokhela was later admitted to the Bruntville clinic for a day having been referred there by a doctor. CASE EIGHTY FIVE Bonginkosi Mnikathi (17yrs) 12 January, 1993 Ms Josephine Mnikathi alleges that ISU members who came to her house kicked open the door and forced her son, Bonginkosi to stand against the wall. He was then kicked repeatedly until he fell down. He was further assaulted while he lay on the ground. The following day Bonginkosi was assaulted again at a friend's house and was arrested. He claims that on 14 January at Loskop, his trousers were removed in the combi and placed over 230 his head. He says that he was then slapped with open hands and hit on the ankles with a wheel spanner. REJECTIONS ESTABLISHMENT OF SPECIAL INVESTIGATION UNIT August 1993 Mooi River As a result of numerous allegations of misconduct and human rights violations levelled against the SAP at the sitting of the Goldstone Commission sub-committee, Mooi River, discussions were entered into between the SAP and representatives of the affected communities. These deliberations were designed to identify and address problems between the SAP and local residents experienced in the Mooi River area and to reach agreement on the implementation of structures which would foster improved relations between them. After lengthy negotiations between the SAP, ANC, IFP and LRC, a proposal was finally agreed upon which called for the establishment of a special SAP investigation unit to investigate allegations of misconduct laid against the police. The proposal provided for; the establishment of a selection panel of lay people who were not linked to any political party police personnel who were attached to the unit would be screened by the selection panel. The panel would have access to applicant's files and records The unit's work would be overseen by the Goldstone Commission's special team of investigators a member of the Attorney general's staff to be appointed to the unit the Goldstone investigation team and the Police Reporting Officer to have full access to all investigation material The unit was intended to deal initially with allegations of SAP misconduct arising from the Mooi River area and at a later date to expand in order to deal with similar investigations in other parts of Natal. However these proposals were rejected by the then SAP National Commissioner, General Johan van der Merwe, who explained that although "in principal" he agreed with the proposal, he was not prepared to implement it "at the moment". 231 The unit was never established. (LRC, Natal Mercury, Daily News, Natal Witness) 232 CASE STATISTICS OF INVESTIGATIONS BY THE COMPLAINTS INVESTIGATION UNIT KWAZULU / NATAL PROVINCE ENQUIRY &CR NO TORTURE KILLINGS 1. C30/1/2/7 (11/93) Hattingspruit 2 SAP 2. CR 154, 156/1 2/93 4 SAP KwaMbonambi 3. C30/1/2/7 (94/94) Mtubatuba 4. CR 5/06/94 Kwamsane 1 SAP 5. CR 62/08/94 Kwamsane 1 SAP 6. Inquest No 18/94 1 SAP 7. CR 31/09/93 1 SAP 8. Richard's Bay 1 SAP 9. Port Shepstone 1 SAP 10. CR 11 4/07/93 Eshowe 2 person - SAP 11. CR 75/8/94 Esikhawini 1 person - SAP 12. Inquest No 11/93 Ndwedwe 1 person - SAP 13. Inquest No 8/94 Lady Smith 1 person - SAP 14. CR 92/10/94 Isipingo 1 person - SAP 15. CR 42/11/94 Wentworth 1 person - SAP 16. Inquest No 8/94 Cato Manor 1 person - SAP 17. CR 2/5/93 Mtunzini (murder) * 1 SAP 18. CR 24/9/94 Izingolweni (a) 1 SAP 233 19. CR 308/3/94 Inanda (murder) 2 SAP 20. CR 89/9/93 KwaMbonambi (a) 1 SAP 21. Inquest No 108/94 Richmond 3 SAP 22. CR 144/1 2/94 Mooi River (a) 1 SAP 23. CR 83/1 2/93 KwaNdlangezi (a) 1 SAP 24. CR 47/8/93 Sundumbli (a) 3 persons - SAP 25. CR 237/05/92 Inanda (a) 1 person - SAP 26. CR 84/1/94 KwaMbonambi (a) 1 person - SAP 27. CR 241/10/94 KwaMashu (a) 1 person - SAP 28. CR 474/4/94 Umlazi (a) 1 person - SAP 29. CR 141/1/94 Ekuvukeni 1 person - SAP 30. CR 197/2/92 Kokstad 3 persons - SAP 31. CR 1/7/94 Kranskop 3 persons - SAP 32. CR 229/3/93 C.R.Swart, 2 persons - SAP Durban 33. CR 1035/2/94 C.R. Swart 1 person - SAP 34. CR 197/2/92 Kokstad 1 person - SAP 35. CR 295/3/94 Inanda 1 person - SAP 36. CR 20/1 0/89 Inchanga 1 person SAP/KZP 37. CR 102/9/94 Beach Branch 2 persons - SAP 38. CR 242/2/94 Mayville 1 person - SAP 39. CR 175/1 1/93 Hillcrest 1 person SAP 40. CR 155/5/93 Pietermaritzburg 1 person - SAP 234 CHAPTER 9 WESTERN CAPE REGIONAL REPORT AND CASE STUDIES 9.1 INTRODUCTION Torture is as old as the city of Cape Town itself. In the 17th and 18th centuries, European settlers at the Cape routinely used torture against slaves, common criminals, and other miscreants to impose order and social control on the newly-founded colony at the tip of Southern Africa. In those days torture was used as a method extracting confessions from convicted criminals who had been sentenced to death; according to one historian, 'the Roman Dutch law insisted that anyone who was to be executed should first admit his or her guilt.'1 Public displays of torture were common sights at the Castle under Dutch rule. Torture was officially abolished at the Cape in 1795 when the English took control of the colony. During the apartheid era, police routinely practised torture against captured guerillas and political activists detained without trial. One of the first political detainees to die in police custody was an ANC activist from Guguletu, Mr Looksmart Ngudle, who was allegedly tortured to death by members of the Security Branch in 1963. From the 1960's through the 1970's and into the 1980's, the Security Branch routinely used torture as a weapon in their fight against the anti-apartheid opposition. Under the protection of draconian security legislation, the practice of torture intensified in the late 1970's and 1980's when armed struggle reached its peak. During the 1980's, for instance, most of the defendants in the Western Cape's most celebrated treason trials alleged that the police tortured them severely during their detention and interrogation. Examples include: MK soldier Oliver Nqubelani (1980); the Opscar Mpetha trialists (1988); Mk soldier Mxolisi Petane (1988); and the Yengeni treason trialistsj 1989-91). Neither the demise of apartheid, nor the transition to democracy, nor the introduction of majority rule have ended the practice of torture in this region. Between 1990 and 1995, reports of police torturing suspects held in custody have continued unabated. The major difference now is that torture is practised more commonly against criminal suspects than against political detainees, but this shift is a very recent phenomenon. In a landmark study published in 1991, UCT criminologist, Dr Lovell Fernandez concluded that police used various methods of torture - beatings, electric shocks, animals, intimidation, and mock executions - against non- 1 Robert Ross, Beyond the Pale: Essays on the History of Colonial South Africa (Johannesburg, 1993), p. 164. 235 political detainees, arrested persons, and suspects in the Western Cape. Fernandez surveyed lawyers in this region who reported that complaints of torture were most commonly lodged against detective squads based at Bishop Lavis and Bellville South. The patterns of torture highlighted in that study have continued right up the the present day. This chapter seeks to pick up where Fernandez left off by examining trends in torture between 1990 and 1995. The first section looks at torture trends and patterns - its victims, its methodology, its perpetrators, and its rationale. The second section contains case studies of torture and other human rights violations reported by the press, by the courts, and by victims. This report is by no means a complete or exhaustive study of torture in this region. But by shining a bright light into the darkest corners of the criminal justice system, this chapter hopes to persuade government that torture is a legacy of our long, painful past that continues to be practised with impunity in this and other regions of South Africa. 9.2 TARGETS OF TORTURE Evidence gathered for this study indicates that between 1990 and 1995 the police used torture against both political and criminal detainees in the Western Cape. Who did police torture and why did they torture them? Here are the patterns that have emerged from the limited information available to human rights organisations in this region: 9.2.1 Torture occurs in cases of high emotion or sensation In the 1990's, complaints of torture have been most commonly vioced by suspects arrested in connection with serious cases of emotion. The profile of the torture victim is usually a black man who has been accused of perpetrating a crime such as murder, rape, or robbery against whites. Criminal cases that stir strong public sentiments and attract sensational media attention frequently involve allegations of torture by the suspects. In the Western Cape, some of the more recent cases include the killing of an American exchange student in Guguletu (1994), the Station Strangler serial killings (1994), the killing of policemen at Delft police station (1994), the attack on the Heidelberg Tavern (1993), and the St. James Church massacre (1993). These highly-publicised crimes create enormous pressures on the police to arrest suspects and obtain confessions, no matter what the cost. 9.2.2 Torture occurs in high-profile political cases There appears to be a direct correlation between the use of torture against political opponents of the apartheid state and the moment when the liberation movements ended their armed struggle against white minority rule. 236 The African national Congress (ANC), for instance, announced a unilateral cessation of all armed hostilities when it signed the Pretoria Minute in Agust, 1990. Thereafter, the police arrested, detained and tortured few, if any, ANC cadres. This was a marked departure from the practices of the 1970's and 1980's when police routinely tortured captured ANC guerrillas. The situation changed much later for the Pan Africanist Congress (PAC). Because the PAC continued its policy of armed attacks until shortly before the 1994 elections, the police persisted in arresting, detaining, and torturing members of the PAC, including the Pan African Students Organisation (PASO) and the Azanfan People's Liberation Army (APIA). The police tortured PAC members ruthlessly in a brutal attempt to halt armed attacks against civilians in pubs, churches, and country clubs throughout the Cape province and to break one of South Africa's most militant organisations Several of the most prominent PAC cases involving police torture are cited in this report. It was only after the PAC laid down its arms at the beginning of 1994, however, that the police seem to have stopped using torture against the organisation's members in the Western Cape. 9.2.3 Torture is used against suspects with prior criminal records of a serious nature The police apparently use torture against repeat offenders - in other words, suspects who carry a record of prior criminal activity or convictions. The case material is full of incidents where people with one or more conviction or arrest on their record claim that they were tortured by police. Why do repeat offenders report more complaints of assault than other types of criminal suspects. One reason might be that they are more knowledgeable about the criminal justice system, and know how to defend themselves in court with accusations of torture. Another plausible reason, however, is that the police do torture repeat offenders with greater frequency because they represent the vanguard of escalating levels of crime in South Africa. Yet a third possibility might be that they are not tortured at all, but it raises doubts about the admissibility of evidence used against them. 9.2.4 Torture is practised against suspects accused of attacking police Several cases in Western Cape and in other parts of the country reveal that police use torture against suspects accused of attacking the police. In three cases cited in this study - one involving the attack on Delft policemen, one involving attacks against security forces in Nyanga, and the killing of two Kokstad policemen - the suspects all complained that they were tortured following their arrest and detention. In a nation where more than 200 policemen are killed in the line of duty each year, murdering a member of the SAPS is considered one of the gravest criminal offence against the state. These killings also pose a direct threat to each and every member of the force; they also generate strong feelings of 237 insecurity, fear and anger. These killings generate very strong feelings within the security forces Torturing suspected cop killers, therefore, is an pernicious, unlawful way of fighting back. 9.2.5 Torture is used against people who post a threat to the public order People whom the police perceive as a threat to good public morals and civic order often claim that they are assaulted or tortured in custody. In the Western Cape, these groups of people include the following: (a) street children and juveniles in trouble with the law; (b) sex workers; (c) drunken loiterers. Whether because of their age, their gender, their occupation, or their marginal status in society, these groups of people are particularly vulnerable to police brutality, as case material points out 9.3 TECHNIQUES OF TORTURE Torture is defined by the United Nations as: any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or confession, punishing him for ac act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions2 In the Western Cape during the 1990's, police have used a wide variety of torture methods against suspects held in custody. Some of the most common methods of torture reported in this region include: 9.3.1 physical assault such as hitting, kicking, slapping, or sitting upon 9.3.2 suffocation with hood, with wet bags, or immersion in water 9.3.3 electric shocks to body parts, particularly genitals 9.3.4 teargassing at close range 9.3.5 mock executions or other life-threatening trauma 9.3.6 food deprivation 9.3.7 sleep deprivation 9.3.8 isolation from family, friends, and lawyers 9 3.9 verbal abuse and threats 2 UN Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (adopted by the General Assembly on 10 December 1984). 238 9.3.10 witnessing or hearing others being tortured 9.3.11 rape and indecent assault 9.3.12 interminable periods of non-stop interrogation by teams of police 9.3.13 Suspension, often upside down or between two tables, for long periods of time 9.3.14 blindfolding or gagging during interrogation 9.3.15 prolonged periods of being forced to stand 9.3.16 withholding or compromising medical treatment 9.3.17 removal of toe or fingernails 9.3.18 extension or contortion of suspects' bodies 9.3.19 being stripped naked during interrogation 9.3.20 handcuffing for excessive periods of time or in particularly painful ways These methods of torture are reported to have been used in the following places: (a) police offices; (b) police vehicles; (c) police holding cells; and (d) secluded places like beaches, forests, or fields. 9.4 THE PURPOSE OF TORTURE Torture can be viewed as the deliberate use of violence against victims during interrogations in order to achieve certain policing objectives. Why do interrogators use torture and what so they hope to achieve by inflicting such horrific pain upon people? 9.4.1 Interrogators use torture to elicit information from their suspects Torture is symptomatic of a brutal style of policing that is dependent upon forced confessions rather than proper investigations. Police interrogators frequently torture people in order to make them confess to crimes and sign statements admitting guilt. Some times they torture people in order to make them point out weapons or stolen property. At other times they torture people in order to find out about their accomplices or other people involved in crimes. Interrogators use torture to side-step proper methods of investigation and fact-finding. Torture, in other words, is a brutal and unlawful method of solving crimes quickly and cheaply. Confession based investigations remain at the root of the problem. As the head of the Bellville Murder and Robbery Unit, Lt. Col. Des Segal told a meeting of the Western Cape Peace Committee in 1994, police investigations only really start once a suspect is taken into custody. 239 9.4.2 Interrogators use torture to punish their victims before they ever reach court Torture is a method of bypassing the criminal justice system. Instead of investigating a case against a criminal suspect, sending a docket to the attorney general, presenting evidence in court, and hoping for a successful conviction, some police interrogators take matters into their own hands. They punish suspected criminals before they ever reach a court of law or before a verdict is reached. In this way, torturers exact their vengeance on behalf of society: and thereby side-step legal processes that guarantee individuals' rights. 9.4.3 Torture is an attempt to break down individuals physically and psychologically. Interrogators usually inflict massive pain and suffering upon their victims for prolonged periods of time. The result of repeated interrogations, beatings, abuse, and assault is a near-death situation for many torture victims. Frequently torture victims are brought to the brink of death. Often they contemplate suicide in order to end the agony of torture. The result of this physical and psychological torment can cause enormous damage to the torture victim's mind and body. 9.4.4 Torture is intended to instil fear in victims' families and communities Information about suspects is often deliberately withheld from their families and friends in order to create a climate of fear and shame. For many families, this lack of accurate information about the safety and well-being of their loved one is very distressing. Some families know that a loved one has been arrested. They witness the first assaults taking place at the moment of arrest, and they know that more is in store during interrogation. Other families learn about torture through word of mouth, predominantly in black communities; they often suspect that torture will be used against anyone arrested by the police. Whether this fear of torture is justified or not, the end result is that even the limited use of torture creates a climate of terror in the families and communities of torture victims. The implicit threat is quite clear: break the law, and you will face horrible consequences. 9.4.5 Torture is designed to break down social movements Torture is targeted against particular political and social movements. For many years in South Africa, torture was aimed at leaders of trade unions, churches, women's organisations, student groups, anti-apartheid organisations, and armed insurgencies. These were the foot soldiers of the apartheid era's " total onslaught". Since the transition to democracy began five years ago, however, torture has tender to be used less and less frequently to break political movements; more and more frequently torture is employed to crack criminal networks. Crime 240 has replaced communism in the dominant discourse as the greatest threat to national security. Torture has become yet another weapon in the nation-wide war against crime - and the newest victims, therefore, come from the ranks of criminal suspects, repeat offenders, gang members, and drug dealers. 9.5. THE PERPETRATORS OF TORTURE The vast majority of police personnel in this region do not participate in acts of torture or other gross violations of human rights. It is only a relatively small number of members in specialised units who rely on these unlawful methods of policing in the Western Cape. 9.5.1 Detective Branches Victims most commonly cite the detective branches of the police - particularly the Peninsula Murder and Robbery Unit based at Bellville South - as the perpetrators of torture in this region. This is by far the single greatest source of complaints of torture. There are several reasons why this might be the case. First of all, detectives are tasked with the responsibility of solving the most serious crimes, but often lack adequate resources, sufficient personpower, and basic skills to conduct proper investigations. Their caseloads are often extraordinarily high. Secondly, these detectives are not based in local police stations, where they might possibly be more accountable to local communities, but operate from a regional headquarters. This exempts them completely from the notion of community policing, thereby making their work less transparent and less accountable. Thirdly, some of these detectives may have used torture with impunity in the past, and continue to use it in the present. The fourth reason why complainants cite detectives most frequently as torturers may be more basic: their allegations whether ultimately proven in court or not, might simply be true. 9.5.2 Collaboration with Other Police Units Although torturers may come from the ranks of the detective branches, they do not work in isolation. There is significant evidence - based on torture victims' own testimony - that detectives in the Western Cape work in collaboration with uniformed members in police stations throughout the Cape peninsula. A handful of torture victims, for instance, have reported being assaulted in Bellville South, in Table Bay Harbour, in Milnerton, and other police stations during the course of their detention. This would suggest a limited degree of co-operation between local police stations and detectives when hendling detainees. There is also some evidence to indicate that members of the Peninsula Murder and Robbery Unit have interrogated suspects in conjunction with their counterparts in the Eastern Cape, the Free State and Natal. Perpetrators of torture, it would seem, work in a well-organised and efficient network of police 241 personnel throughout the country where methods of interrogation and objectives are common. Multiple complaints of torture are sometimes filed against the same police officer, as the case material indicates This is very difficult to verify independently or through official records because the police refuse to disclose the identities of members implicated in more than one crime. Nevertheless, some of the case material attached in the next section would suggest that the same cast of characters involved over and over again in torture and other human rights violations. 9.5.3 Legacy of Impunity Some of the same police officers accused of torturing political detainees during the apartheid era stand accused of torturing common law criminals today. This is very difficult to prove, however, because once again, the police command structure refuses to disclose details about the number of repeat complaints against individual police officers to independent investigators. 9.5.4 Perpetrators of Torture are Heterogenous The alleged perpetrators of torture cited in this study are both low-ranking and high-ranking police officers. They are reportedly detectives based in specialised units and at individual police stations, but they are also uniformed members of the police, too. They are black, white and coloured. They are English, Afrikaans, and Xhosa-speaking. and they are all men. The perpetrators of torture, in other words, do not belong to any one language, race, or social group, according to what complainants say. 9.6 THE FAILURE TO BRING TORTURERS TO BOOK Torture continues to take place in the Western Cape because the perpetrators are by and large exempt from punishment. They have acted with impunity both yesterday and today. Their lack of accountability for these gross violations of human rights has serious consequences for the administration of justice in South Africa. Approximately 82 percent of all complaints filed against the police in the past two years in the Western Cape were complaints of assault of one form or another - common assault, assault with the intent to inflict grievous bodily harm, indecent assault, and rape. Nearly 70 complaints of assault are registered with the police every month in the metropolitan Cape Town area, according to information supplied by the two Internal Investigation Units based in this region. This means on average 840 complaints of assault against the police in a calendar year (See "Complaints Against the SAPS in the Western Cape" charts appended to the back of this report). It is difficult to determine how many of these assault cases actually involved torture - because "torture" is not a criminal offence in the South African 242 statute books and therefore not coded in police records as such. It is also difficult to ascertain the proportion of torture cases from these statistics because civilians have^iot been granted unfettered access to dockets compiled against police personnal. In the Western Cape, the pattern seems to be that few, if any complaints of assault or torture, ever result in criminal prosecutions against policemen. Why are prosecutions the exception rather than the rule? Several factors may play a large part in determining whether torturers are ever prosecuted for their crimes 9.6.1 Filing Complaints The odds are stacked against a torture victim who wishes to file a complaint members of the South African Police Services because of the nature of the crime, because of the difficulties in filing a complaint, and because victims lack adequate legal aid. There are plainly problems when a solitary victim from an 'outsider' group in society tries to exact justice from state officials, or an 'insider1 group. Firstly, victims of torture are naturally reluctant to tell anyone - let alone police personnel in charge offices - about the humiliation and shame they experienced at the hands of torturers. There is a normal disinclination to talk about the pain and suffering resulting from torture, and so filing a complaint of torture can be very difficult. Secondly, victims are unlikely to file complaints because the procedure usually entails returning to the very same police station where torture took place in order to lay a charge of assault. This in itself can be a painful process, triggering bad memories or leading to situations where victims encounter their torturers at the scene of the crime again. Victims may also be reluctant to press charges when they are told that they must participate in identity parades and touch their alleged torturers on the shoulder. Occasionally when torture victims return to the same police station to file a complaint they find that the police refuse to accept their charges, as in the case of Manenberg resident Ebrahima Cloete cited in this report . By refusing to assign a number to a case and opening up a docket, police in these stations effectively deny that torture ever took place within their precincts, they collude with their colleagues in covering up torture and worst of all, they reinforce the victims' sense of powerlessness in the situation. Thirdly, victims are unlikely to file complaints because they do not have access to appropriate legal advice or help. Some torture victims reported that their lawyers were unwilling or unable to assist them in seeking justice. Several lawyers contacted for this study, for instance, said that they had deliberately ignored their clients claims of torture for several reasons: either they dropped the complaint in exchange for more lenient court treatment, or they were afraid of alienating the powerful detective branches of the police, or they simply did not believe their clients' claims. 243 It is entirely possible, therefore, that the number of complaints of torture are underreported for the Western Cape in general. The cases attached to this report may represent only a proportion of the actual number of torture incidents that take place. 9.6.2 Police Methods of Investigating Complaints of Torture When a complaint of assault is filed against alleged torturers, there are a number of potential obstacles that stand in the way of investigating these cases properly. One major problem with these investigations is the potential conflict of interest involved when policemen investigate other policemen. It is not uncommon, for instance, for former Security Branch members or detectives who once served in the Murder and Robbery Squads to lead investigations into their former colleagues' conduct. There are serious doubts raised, therefore, about the impartiality of policemen investigating torture cases. Another major problem is the availability of computerised records and case dockets to suspected policemen working in the same station where the complaint is filed. This creates opportunities for the accused torturer to interfere with witnesses or tamper with evidence and thereby curtails the effectiveness of investigations. The lack of resources available to investigators is yet another major problem hampering official inquiries into allegations of torture. There are too few detectives assigned to these case and too little administrative backup to alleviate the load on investigators. To cite but one example: at the Internal Investigation Unit (Southern Peninsula), for instance, detectives carry a caseload on average of 80 to 90 cases per month. This is perhaps two to three times higher than ordinary detectives. In addition, the Internal Investigation Units are responsible for more than the normal load of paperwork since they file regular progress reports to the station commander, district commander, regional commander, and their own unit commander. Internal Investigation Units which were originally established to speed up these sorts of investigations are not entirely successful in achieving this objective, according to some members surveyed. Finally, the units tasked with responsibility for investigating human rights violations act independently of each other and without civilian oversight. In this region alone, there is: The Complaints Investigation Unit (set up under the National Peace Accord in 1991), the Internal Investigation Units (set up in the northern and southern peninsula in 1993); and the Police Reporting Officer (a civilian lawyer who resigned his post in April 1994). Our experience had shown that there is little or no coordination between the three police units. There is no independent complaints mechanism in the Western Cape mandated to monitor these police investigations. There are also entire 244 areas in the Western Cape - such as Stellenbosch, Somerset West, and Worcester - that are not covered by any of these investigation teams « 9.6.3 Prosecutions are Slow and Ineffective Assuming that a torture victim succeeds in filing a complaint and assuming that police investigators conduct a decent inquiry, the case is then referred to the Attorney General's office for consideration. Under the prevailing circumstances, it is highly unlikely that the state will prosecute policemen accused of assault or torture. In the Western Cape, there have been only a handful of such cases in recent years. Why? The Attorney General's office has an informal practice of refusing to prosecute cases of assault against police until the criminal case against the complainant has been completed, according to members of SAPS Internal Investigation Units in the Western Cape. This may delay the prosecution of torture cases by one or two years and in fact, be an infringement of the victim's right to equal access to justice. The long delays in prosecuting cases sends an implicit message to perpetrators: they can continue to use torture with relative impunity. 9.6.4 Conflicts of Interest in the Administration of Justice State prosecutors may also be caught in a conflict of interest when it comes to deciding whether to press charges against police detectives accused of torture. Prosecutors, after all, are dependent upon confessions obtained through torture, and therefore, they are less likely to advocate that those confessions be ruled inadmissible evidence if it would damage their court case. One recent example is the case of the St. James Church massacre suspect. The state's advocate, Mr W. Viljoen, prosecuted Mr Christopher Makoma, who claims to have been tortured at the hands of the police; more than 18 months after the original allegation was made, Adv Viljoen has not yet decided whether to prosecute police allegedly involved in Mr Makoma's interrogation and torture This type of situation potentially poses ethical conflicts for the Attorney General's office. In the past, the Attorney General's office also worked closely with the former Security Branch in detaining and prosecuting apartheid's opponents under the emergency regulations, particularly Section 29 of the Internal Security Act. This likewise poses a potential conflict of interest when victim's rights are at stake. Moreover, the prosecutors depend virtually entirely on the investigators for the success of their cases. They build up strong working relationships with the detectives, and it ruptures that relationship if the prosecutor then has to prosecute the detective for torture. They find it very difficult to do. 9.6.5 Problems with Evidence in Court Even when cases do reach court after lengthy delays, it is extremely difficult to prove that torture actually took place according to the rules of evidence 245 used in South African courts. There are no witnesses to torture. There are usually no instruments of torture left as evidence. There are usually no discernible physical scars from torture And it is usually the word of the torture victim (often deemed an 'unreliable' witness) versus the word of the torturer (often deemed 'respectable' police officer). Proving a case of torture, therefore, becomes nearly impossible under the current judicial system. But there are several ways in which the criminal justice system could adapt the current rules of evidence in order to accommodate the peculiarities of prosecuting this type of human rights violation. Firstly, magistrates ought to dilute the burden of proof requirement. As the law now stands, judicial authorities always seek to determine whether torture took place 'beyond a reasonable doubt' - which is an unreasonable requirement given the circumstances of torture. Instead, judicial authorities should seek a balance of probabilities that torture did or did not take place, a criterion which places the onus of proof more squarely on the shoulders of perpetrators rather than victims. Secondly, the courts must accept the introduction of psychological evidence as well as medical reports. All too frequently the courts overlook the fact that torturers leave their fingerprints on the bodies and the minds of their victims. By refusing to allow psychological assessments of torture victims to be introduced as evidence, the courts lose out on crucial evidence that could be used in prosecuting torturers. Thirdly, Judges' Rules must be amended so that statements submitted as evidence in court are not admissible unless they are accompanied by audio or videotape. Otherwise, the courts will not accept confessions made during interrogation. This would ensure a reasonable amount of protection for criminal suspects during interrogation and would serve as a powerful deterrent against torture. 9.6.6 Lack of Communication Between Investigators and Prosecutors There appears to be little dialogue between those investigating and those prosecuting cases of torture. In many instances, investigators forward cases of alleged torture to the Attorney General for consideration, and only receive a terse letter in reply stating that "The Attorney General declines to prosecute." This is a continual source of frustration for investigators who often do not know the reasons why the Attorney General's office has refused to take the matter any further, according to police officers familiar with these cases. 9.7 STATE OF DENIAL Torture continues in the Western Cape partly because the police themselves are unwilling to admit that this problem occurs systematically, and partly because they are incapable of holding their own members accountable. 246 In public, the police have never admitted using torture against criminal suspects. They often accuse the numerous complaints and court cases by arguing that: (a) there are always a few "bad apples" in any group of people; (b) criminals will always attempt to discredit the police; (c) human rights organisations are merely trying to bash cops; (d) policemen sometimes use excessive force in the execution of their duties, and this is an inevitable aspect of policing; or (e) the wild allegations of torture are largely unfounded and unprovable in a court of Jaw. As Western Cape police Col. Raymond Dowd told The Argus: assault is a high-risk factor in policing. That is not to say that we condone assault - we investigate every case and a policeman is supposed to control his emotions. The police are entitled to use a certain amount of force in the execution of their duties. I can assume that, in this case, (the Stellenbosch police constable) overstepped the mark.3 The official police response to torture is simply that it doesn't exist. This message is contradicted, of course, by the fact that the Minister of Law and Order (now Safety and Security) continues to make out of court settlements with torture victims amounting to thousands of rands per year. In private, of course, members of the police tell a very different story. Many policemen and women admit that they know torture is fact not fiction. They are fluent in the discourse of torture. They are familiar with the canvas hoods and electric shock devices. They know where it happens and who does it. There is even a belief amongst the police that good cops - the most successful ones who solve crimes - are the ones most likely to get in trouble for overstepping the bounds of legality. But in most cases, rank and file police personnel in this region are powerless to do anything about their formal or informal knowledge of torture. There is a conspiracy of silence about torture amongst the police themselves. This lack of accountability within the police force is only reinforced by the failure on a managerial level to take serious disciplinary measures against policemen accused or convicted of assaults. Commanders seldom suspend policemen from active duty pending the outcome of independent investigations. Commanders seldom arrest policemen on charges of assault as other criminal suspects might be. And commanders are given discretion in bringing disciplinary sanction against their members. The bottom line is that the public simply does not know what internal steps are taken in these types of cases. Ample illustrations demonstrate this lack of accountability within the police. A Port Nolloth station commander, for instance, gave two constables a verbal warning after they paid admission of guilt fines for torturing a youth. And in The Argus, 19 November 1994. 247 another case, no known internal disciplinary steps were taken against a Stellenbosch police officer who paid admission of guilt fines for child abuse; the constable had hauled three young Stellenbosch youths into the state mortuary and exposing them to dead bodies. And there are many, many more cases to cite where the police fail to take disciplinary measures to inform the public about those steps. Until the police accept that the legacy of impunity fosters human rights violations, torture will continue. Until the state acknowledges the high levels of aggression amongst members of the SAPS contribute to police violence, torture will continue. Until the new government establishes an independent complaints mechanism, torture will continue. Until state agencies adopt a co- ordinated approach to the prosecution of human rights violations, torture will continue. And until civil society itself becomes more actively involved in the prevention of human rights violations - through innovate programmes like the community visitors schemes - torture will continue in the Western Cape and in the rest of South Africa. To paraphrase Judge Richard Goldstone when he spoke about the international community's failure to prosecute perpetrators of human rights violations, "Never again has happened again, and again, and again." 9.10. SOURCES OF INFORMATION This report on torture and other human rights violations in the Western Cape is derived from the following sources of information: the Human Rights Committee of South Africa; the Black Sash; the Regional Peace Committee; the Network of Independent Monitors; the Joint Forum on Policing; the Trauma Centre for Victims of Violence and Torture; Lawyers for Human Rights (Western Cape and Stellenbosch); the Legal Resources Centre; Chennells Albertyn; the Internal Investigation Units (Northern and Southern Peninsula); the Complaints Investigation Unit; the Police Reporting Officer; The Argus; The Cape Times: The Weekly Mail and Guardian; South newspaper; Amnesty International (London); the Juvenile Justice Research Project; individual lawyers; and torture victims themselves. The cases which follow contain allegations, but not necessarily statements of fact. Most of the information contained within this report is a matter of public record, and therefore, names of both victims and alleged perpetrators have been used. In those cases where the matter is pending before a court, pseudonyms have been substituted. 248 WESTERN CAPE CASE1 GUGULETU BOY ALLEGES POLICE ASSAULT MARCH 1995 A nine-year old boy Guguletu boy claims that he was assaulted by a member of the SAP after he hit a police van with a stick near his home on 9 March, 1995. The child was taken to hospital for treatment of bruises and abrasions on his head. The SAP Internal Investigation Unit (Southern Peninsula) is investigating. Source: The Cape Times, 11 March 1995. CASE 2 POLICEMAN CHARGED WITH MULTIPLE RAPES FEBRUARY 1995 The state charged Contable Samuel Hendrik Walters, 31, with the rape of 10 Cape Town women on 22 February 1995. No application for bail was made. Constable Walters was suspended from the SAPS Business Watch kiosk in Cape Town after his arrest in connection with sexual offences on 30 December 1994. The case is proceeding. Source: The Cape Times. 23 February 1995 249 CASE 3 TORTURE OF BOTHASIG LOCKSMITH FEBRUARY 1995 A Bothasig locksmith told the Cape Town Regional Court this week that policemen arresting him on charges of housebreaking and theft threatened to arrest his wife and to send his child to an orphanage. Mr. Shaun Shearon, aged 24, of Cook Street, in Bothasig, claims that police repeatedly put a wet sack over his head, hit him in the face, and kicked him. Murder and Robbery Unit Detective Timo Meyer denied the charges. Mr Shearon is charged with six counts of car theft and stealing cash goods worth approximately R66,500. The case continues. Source: The Argus, 17 February 1995. CASE 4 POLICEMAN BURNS STREET CHILD DECEMBER 1994 The SAP suspended a policeman who allegedly threw 'thinners1 on a 16-year old street child and then set him alight. The police are also investigating other members of the SAP on charges of assault with the intent to do grievous bodily harm. Source: The Cape Times, 6 December 1994. 250 CASES .** EXTRAJUDICIAL EXECUTION OF MR. NAZEEM JACOBS NOVEMBER 1994 Mr. Nazeem Jacobs was convicted of murder and sentenced to 10 years' mprisonment in December, 1993. On the day that he was sentenced, he escaped from custody, but was caught some time later. He was incarcerated at Pollsmoor until his death in November, 1994. The family of Mr. Nazeem Jacobs claims that he was taken from Pollsmoor Prison last November for interrogation in connection with the murder of a Plattekloof businessman. Before he was taken to Pollsmoor, however, Jacobs asked a fellow prisoner to contact his family and to tell them that he would be tortured by detectives again at Bellville South police station. Mr Jacobs was detained there for 16 days while the police allegedly tried to extract a confession from him about his involvement in the murder. The police claim that Mr. Jacobs attempted to escape from custody while being fingerprinted. He had been shot three times in the head. The family alleges that Mr. Jacobs was brutally tortured and executed by police at the offices of the Murder and Robbery Unit in Bellville. Family members claim that when they washed his body in preparation for a Muslim funeral, they discovered that his face was covered with open wounds, that there were injuries on the top of his head, and that there was extensive swelling to his lower left leg. A report in South newspaper also claims that Jacobs' jaw was broken and that his skull was crushed. Source: Affidavits by Fabrodien Jacobs and Alivia Flynn, 12 November 1994; South. 18 November 1994; and The Argus. 9 November 1994. Legal Resources Centre (Cape Town), CASE 6 EXTRAJUDICIAL EXECUTION OF MR. AMOS R. NXARA AUGUST 1994 Police arrested Amos Nxara and Andile Sydney Mkhosana in August 1994 in connection with the brutal murder of the Orffer family and their domestic worker in Stellenbosch. The killing of this white family attracted extensive media attention, which put significant pressure on the police to make arrests. 251 Within days of the killings, police announced a breakthrough in the case when they arrested the family's gardener (Nxara), and a cabinet-maker (Mkhosana). Police also recovered the Orffer's stolen bakkie. Early on the morning of 12 August, members of the Peninsula Murder and Robbery Unit transported the two suspects to Lwandle township, outside the Strand, to identify certain exhibits. According to police version of events, the two suspects were not handcuffed in the police van. One of the suspects pulled a knife from his pants, and attempted to assault the police. The police responded by opening fire, killing Mr. Nxara, aged 23, and seriously injuring Mr. Mkhosana, aged 22. The sole survivor of this shooting, Mr. Mkhosana, told the The Independent Magazine that police shot both suspects at point-blank range. The suspects made no attempt to escape. According to The Independent, this version of events is corroborated by witnesses who overheard the police planning this execution in advance - and then boasting about the killing at a braai afterwards. Source: The Argus, 27 August, 1994; Lawyers for Human Rights (Western Cape); Independent Medico-Legal Unit (Durban); The Independent Magazine (1 April 1995). CASE? ASSAULT OF GUGULETU RESIDENT PHILANI MBUKU AUGUST 1994 An 18 - year old Guguletu man claims that members of the Internal Stability Division (ISO) beat him with their fists, kicked him with their feet and hit him with their guns during a raid on his shack in Phola Park. According to Mr Philani Mbuku, police searched his house without a search warrant. They demanded to know if he had any weapons on the premises. They also tried to force him to state who was selling arms and dagga in the community. When he refused, they continued to beat him. A crowd of people gathered at the house and demanded that the police stop this action. The police then led Mr Mbuku out of the squatter camp to police vehicles parked on Lansdowne Road. They continued assaulting him as they forced him into the vehicle. This assault was witnessed by a representative of the Trauma Centre who tried to intervene, but failed. The police drove Mr Mbuku down Lansdowne Road towards Khayelitsha and parked near the railway line. There, in a parked vehicle, they continued questioning him. Mr Mbuku says that he made up a story in order to stop the police from interrogating him in this manner. He was later released from the police's custody. 252 The Attorney General declined to prosecute. The law firm Bernadt Vukic Potash has instituted a civil action against the Minister of Safety and Security on behalf of the Mr. MbuKu. Source: The Trauma Centre for Victims of Violence and Torture CASE 8 TORTURE OF MR. SIMON MQULWANA JULY 1994 Crossroads resident Mr. Simon ("Fatty") Mqulwana, aged 38, complained that police arrested and tortured him in July, 1994 in connection with the St. James Church massacre the previous year. Detectives from the Murder and Robbery Unit arrested Mqulwana early on the morning of 5 July 1994 from his home in Unathi, Crossroads and transported him in a blue Sierra to the Bellville South police station. They did not offer Mqulwana an explanation for why he was arrested. In the course of his detention and interrogation, however, police brought several youths from Crossroads and Nyanga to Bellville South in an attempt to link Mqulwana to the St. James Church massacre. Police claimed that he supplied guns to the perpetrators of the attack. The policemen assaulted Mqulwana in an attempt to force a confession. "One policeman held me with his left hand and pressed my back against the wall, while the others proceeded to beat me. One policeman hit me with his fist right under my lower lip, and cut it. They slapped me on my face and on my sides. They said we were the killers, and they swore at me. Over and over again they said that I must tell them the truth. There were four policemen involved, all of them black and medium-height. I would recognise them if I saw them again. The two boys were present while the police were beating me." On the 6th of July, Mqulwana explained that he could not possibly have been involved in the St. James massacre because he was hospitalised for the entire month of August 1993 with a gunshot wound. The next day, detectives agreed to release Mqulwana, apologising to him for the error they had made and offering to drive him back to his house in Crossroads. Mqulwana died in a petrol bomb attack on his home in January, 1995 before he could take legal steps against the SAPS. Source: Lawyers for Human Rights (Western Cape); The Trauma Centre for Victims of Violence and Torture 253 CASE 9 TORTURE OF MR. NORMAN AFZAL SIMONS APRIL 1994 There are reports that police assaulted Mr. Norman Afzal Simons, the suspect arrested in connection with the highly-emotional Station Strangler killings in Cape Town. The high profile detective squad that arrested Simons in April, 1994 was headed by Colonel Leonard Knipe of the Violent Crimes Unit based at Bellville South. It is widely believed that the arrest took place in order to help win votes for the Nationalist Party prior to the country's first democratic elections. Mr. Simons was allegedly told by a policeman named 'Daan' that he would be 'hung from his toes on Signal Hill" unless he cooperated with detectives. The head of the investigating team handling the Station Strangler cases, Captain Johannes Kotze, denied any knowledge of this allegation during cross- examination in the Supreme Court on 8 March 1995. During a trial-within-a-trial, Mr. Justice van Deventer ruled that Mr. Simons' confession to the police was admissible as evidence. The case is proceeding. Source: The Weekly Mail and Guardian: The Argus, 9 March 1995. CASE 10 TORTURE OF HEIDELBERG TAVERN MASSACRE SUSPECTS JANUARY 1994 Police arrested eight PAC members in connection with 30 December 1993 murder of four people and the wounding of seven others at the Heidelberg Tavern in Observatory, Cape Town. Of the eight, at least four suspects claim that they were severely assaulted and tortured while held under Section 29 of the Internal Security Act. PAC Youth League member Mr. Brian Madasi, aged 20, was arrested on 4 January 1994 in Elliot in the Eastern Cape and held under Section 29 until 3 February. He told a magistrate that after his arrest police had assaulted him at Aliwal North police station by beating him, kicking him in the ears, stripping him naked, and spiking his penis with paper clips. Police forced him to sign a confession admitting his role in the Heidelberg Tavern attack. After making a statement, Mr. Madasi was transferred to Bellville South police station in Cape Town for further questioning about the source of the 254 weaponery and the identity of other attackers. When he failed to answer these questions, police tortured him more. The police allegedly pulled a wet balaclava and sack over tas head and subjected him to electric shocks on his fingers. He also complained of being assaulted with a gun butt at the Loop Street offices of the former security branch, now known as the Crime Intelligence Service. After his second court appearance, police took Mr. Madasi to the scene of the crime and photographed him outside the Heidelberg Tavern. The torture lasted six days. «. ^ Afterwards he was transferred to Port Elizabeth where the torture continued. This time police questioned him in connection with the location of arms and ammunition in the Eastern Cape and other APLA-related attacks. Mr. Madasi reported that he was taken to the ocean one night and threatened with drowning unless he identified other people involved in these attacks. Police later hung him upside down for a whole day above a bucket of water. His head was lowered into the bucket of water when he refused to answer questions to the satisfaction of his interrogators. He lost consciousness and was hospitalised. The police threatened him not to disclose any information about his assaults to the doctor, and so Mr. Madasi told the doctor that he was involved in a car accident. He received treatment for his ear, his arms, and his wrists. When he finally appeared in court, Mr. Madasi told the magistrate that he had been tortured during interrogation. Mr. Madasi is currently serving a 25-year sentence in Pollsmoor Maximum Security Prison. He is reported to be suffering from ear problems as a result of the assaults. Mr. Mkhululi Mabandla alleged that he was arrested by police in January 1994 while travelling on a bus from Sterkspruit to Elliot in the Transkei. He was taken to the police station in Elliot and questioned by police about the St. James and Heidelberg Tavern massacres. The police produced an identikit of Mr. Mabandla, and ordered him to identify the perpetrators of the attack. He denied knowledge of the attacks. Police hit him with batons at Elliot police station. Police took Mr. Mabandla to Aliwal North where detectives from Cape Town, Port Elizabeth, and King Williams Town participated in his interrogation and torture. They accused him of various APLA-related attacks in the Cape, and as proof, told him that they found his sweater with hair on it at the scene of the Heidelberg Tavern massacre. Mr. Mabandla denied all the allegations. Police tortured him as a result of his 'uncooperative behaviour.' He was handcuffed and chained to a chair while nude. He was beaten on head and his penis was pierced with needles for more than two hours. Various different policemen participated in his torture. From Aliwal North, Mr. Mabandla was flown by helicopter to Bellville South where he was detained under Section 29 of the Internal Security Act for 10 days. There the torture continued. Police covered his face with a balaclava and placed a bag filled with water over his head. He lost consciousness 255 during this torture. One policeman pleaded with him to cooperate with police in order to prevent further torture, but Mr. Mabandia refused. Still more torture followed. Police tried to force Mr. Mabandia to identify other APIA members from photographs, and applied electric shocks to his fingertips in order to elicit this information. His detention was extended for a further 10 days, and his torture continued in various police stations around Cape Town. One time police hung him upside down above a bucket of dirty water for an extended period of time. They also denied him food. When he complained about this treatment to his lawyer, the police tortured him again. Later police transferred him back to Port Elizabeth for further interrogation about incidents in 1990 and 1991. According to Mr. Mabandia, he was taken to a forest and subjected to a mock execution; he put his fingerprint on a statement after police allegedly handcuffed his ankles to his wrists, placed a wet bag over his head, and subjected him to more electic shock torture. After they informed a magistrate about their torture and ill-treatment, they were returned to police custody at Louis Le Grange police station in Port Elizabeth Mr. Mabandia is currently serving a 25-year sentence for murder in Pollsmoor Maximum Security Prison in Tokai. Mr. Michael Siyolo, regional organiser of the PAC, was arrested in the early hours of 3 January 1994. He was held incommunicado in detention at Bellville South, Table Bay Harbour police station, and the CIS headquarters on Loop Street. During his detention, Mr. Siyolo claims that police slapped him on the back, pinched his ears, subjected him to verbal abuse, insulted his wife, and claimed that he changed the number plates on his car. They also forced him to stand for prolonged periods of time during interrogation. He was refused access to his attorney, family, or an independent doctor. A team of 3-5 interrogators worked on him under the direction of a CIS colonel. Mr. Theo Mabusela, regional chairperson of the PAC, was arrested by Col. Leonard Knipe, head of the Unrest and Violent Crimes Unit, in the midst of a press conference condemning the arrest of Michael Siyolo. Mabusela was held in detention at Bellville South, Caledon Square, Milnerton, and Loop Street police stations. A number of police were involved in his assault and interrogation. He claims they ruptured his eardrum, kicked him, hit his head against a wall, and choked him. The police used the palms of their hands, rather than their fists, in assaulting him. As a result of his assault, he sustained ear injuries and there was blood in his urine, all of which are confirmed by medical reports. He was hospitalised in Tygerberg Hospital and chained to his bed. Source: Amnesty International (London); The Trauma Centre for Victims of Violence and Torture 256 CASE 11 SUSPECTED APLA CADRE TORTURED IN 3 DIFFERENT CITIES JULY 1994 Suspected APLA cadre Mr. Luyanda Gqomfa claims that he was tortured by the police in Port Elizabeth, Bloemfontein, and Bellville South in connection with the 1993 St. James ma§sacre, the 1993 Heidelberg Tavern attack, and the killing of white farmers in the Orange Free State. Police first arrested Mr. Gqomfa, aged 24, on 13 July 1994 at his home in Port Elizabeth along with his two cousins. They surrounded the house early in the morning, conducted a search, and found a firearm. Police charged the three with possession of an illegal firearm, but released Mr. Gqomfa's cousins on R1,000 bail each. Mr. Gqomfa was denied bail. He is not certain whether he was detained under Section 29 of the Internal Security Act or some other law. From Port Elizabeth police transferred Mr. Gqomfa to Bloemfontein where the torture began. They chained and handcuffed him, and covered his face with a balaclava. They drove him to a secluded part of town, and began interrogating him about his possible involvement in the killing of white farmers in the Orange Free State and his role in APLA. The beat him continuously. They ordered him to confess to these murders - and to his participation in the St. James Church massacre - before a magistrate. Police also told him not to make any statements regarding his assaults to the magistrate. When he appeared before a magistrate, however, Mr. Gqomfa told the court that he had been assaulted and that he required medical attention. He also requested a PAC lawyer as defense counsel. The magistrate ordered that he be seen by a medical practitioner. The police organised a lawyer for him only when he appeared in an identity parade, and at no other time. From Bloemfontein police transferred Mr. Gqomfa to Bellville South police station where he was interrogated and tortured by members of the Murder and Robbery Unit in connection with the Heidelberg and St. James attacks. Police also tried to suffocate him by pulling a plastic bag over his face. From Cape Town Mr. Gqomfa was taken back to police in Port Elizabeth where the torture and interrogation continued. This time he was accused of participating in attacks in every part of the country. He denied involvement and refused to sign any statement. At present Mr. Gqomfa is being held in Pollsmoor Maximum Security Prison where he is awaiting trial in connection with the Heidelberg massacre. Source: Lawyer Patrick Arendse; The Trauma Centre for Victims of Violence and Torture. 257 CASE 12 TORTURE OF SUSPECTS ACCUSED OF KILLING DELFT POLICEMEN SEPTEMBER 1994 Five Cape Town men accused of killing two Delft policemen claim that they were tortured by detectives during their detention and interrogation. The five suspects are Mr. Fuzile Mhlakaza, Mr. Ntsikelo Ntabeni, Mr. Lindelani Gumu, Mr. Mlungisi Mlangasi, and Mr. Funani Bukhazi One of the accused appeared in court with a bruised face. Another claims that he signed a confession under duress after he was beaten, after being suffocated, and after being forced to sleep in handcuffs. The suspects were released on bail and the case is continuing. Source: Attorney Jan Slabbed and Reuben Liddel. The Cape Times, 15 August 1994 and 22 September 1994. CASE 13 TORTURE OF MR. BABINI BANDLA NOVEMBER 1994 The mother of detainee Mr. Babini Bandia claims that he was tortured by two members of the Murder and Robbery Unit in Bellville after he had escaped from custody and fled to the Transkei. The mother also claims that Umtata police participated in the torture of her son According to a statement taken by the Human Rights Committee in the Western Cape, police arrested Mr. Bandia on 29 October 1994 in Engcobo, Transkei. He was allegedly assaulted in the Blakeway police station in the presence of two members of the Murder and Robbery Unit. Several days later, Mr. Bandia was transported - reportedly in the boot of a car - to the offices of the Murder and Robbery Unit in Bellville South where his torture continued on 1 November. Mr. Bandia alleges that murder and robbery unit detectives bound his hands, threw him to the floor, and sat on his back as he pulled a wet sack over his head. The torture was repeated two days later. Having sustained injuries from these repeated assaults, Mr. Bandia was taken to a distict surgeon on 4 November 1994. There were apparently injuries to his right ear and back. 258 The Attorney General declined to prosecute members of the Murder and Robbery Unit for the alleged assault. Transkei police are reportedly investigating the assault during transit from Engcobo to Cape Town. Source: The Cape Times. 4 November 1994: Human Rights Committee (Western Cape); Bellville South CAS 782/11/94. CASE 14 ALLEGED KILLERS OF CITY DECORATOR ASSAULTED JULY 1994 Three men charged with the murder of award-winning city decorator Mr. Kevin Quinlivan told the Wynberg Magistrate's Court that they had been assaulted since their arrest and detention. The three accused are: Mr. Abe Kader, aged 28, of Mannenberg; Mr. Mogamat Gamildien, aged 25, of Lansdowne; and Mr. Mogamat Fredericks, aged 18, of Woodlands. No outcome is reported. Source: The Argus, 9 July, 1994. CASE 15 TORTURE OF MR. PHIKISILE RUMBU SEPTEMBER 1994 A former MK member, Phikisile Rumbu claims that he was beaten by police until he vomited blood in a Pretoria police station cell at the time of his arrest and detention. Rumbu alleges that police have taken him to East London twice last year without he knowledge of his lawyer or his family. Source: Human Rights Committee (Western Cape); Attorney Reuben Liddel CASE 16 SHOOTING OF MR. VICTOR MAKHANYANE SEPTEMBER 1994 This case involves the allegedly unlawful shooting of Mr. Victor Makhanyane by members of the SAP in Citrusdal on 20 September, 1994. One policeman has been suspended. The case is still proceeding. Source: Lawyers for Human Rights (Western Cape) 259 CASE 17 ASSAULT OF MR. ANTONIO ISAACS APRIL 1994 Mr. Antonio Isaacs was arrested by the police for public drunkeness. He alleges that police placed him the back of a vehicle and drove him around for approximately 30 minutes. During this time, Mr. Isaacs alleges that he was assaulted and interrogated by members of the SAP. He was taken back to the Elsie's River police station and assaulted again. He was released after four hours and charged with public drunkenness. Source: Lawyers for Human Rights (Western Cape) CASE 18 ASSAULT AND HARASSMENT OF VOTER APRIL 1994 Mr Jeffrey Gana claims that he was arrested by members of the SAP at his place of employment, Market Toyota in Wynberg, on the day after voting polls closed on 30 April, 1994. He was taken to Diepriver police station, where police questioned him and asked how he had voted in the elections When Mr. Gana refused to answer, he was assaulted until he lost consciousness. A civil claim has been filed against the Minister of Safety and Security. Source: Lawyers for Human Rights (Western Cape) CASE 19 ASSAULT OF MR. PATRICK JOKO AND MR. ROGER SYSTER APRIL 1994 A Peninsula Murder and Robbery Unit detective, Sgt. C. Swartz, paid a R100 admission of guilt fine for kicking Mr. Patrick Joko so hard that it left a bootprint on his face. Police took no further disciplinary action against the detective. According to the complainants, Sgt. Swartz arrested two men in April, 1994, on suspicion of theft at the Good Hope Primary School in Bellville South. Sgt. Swartz allegedly made Mr. Joko lie spread-eagled on the floor at gun point, and then kicked him in the right eye. The injury left the imprint of a boot on 260 his face. Sgt. Swartz reportedly also kicked Mr. Roger Syster as he, too, lay on the ground .« W/O Sgt. Swartz claimed that the two suspects resisted arrest at the scene of a mugging and that he ordered them to lie flat on the ground or he would shoot. The Attorney General decided to prosecute the case. Swartz paid a minimal admission of guilt fine aftera-fellow policeman gave evidence that he saw Swartz purposefully kick one of the accused on the right side of the face, and then stand on the left hand side of the suspect. No further information is available regarding whether disciplinary action has been against Sgt. Swartz. Source: Bellville South MAS 369/04/94 CASE 20 ASSAULT OF BELLVILLE CHILDREN AND COMPLAINANT FEBRUARY 1994 Bellville Constable D. Crous paid a R100 admission of guilt fine for assaulting two minor boys with a lyfband in February, 1994. The complainant, Mr. Allistair van Huysteen entered the Bellville police station in order to lay a charge when he heard the sounds of people being hit and children screaming. The noise stopped, and then started up again. At that point, Constable D. Crous entered the charge office, and slapped Van Huysteen, who had been asking about the children. The policeman told Mr. Van Huysteen that he had not assaulted the children, but only slapped them. Mr. Van Huysteen said that he wanted to lay charges against Constable Crous immediately, but that the children, Mr. A and Mr. B, did not want to proceed. One of the boys, Mr. A, says that police arrested him while begging outside the local Kentucky Fried Chicken. Constable Crous reportedly put the boys in the police van and hit them lightly with a belt on their buttocks, saying that they must not disturb the public. According to the policeman, it was meant as a deterrent to the children. Two policemen witnessed Crous assaulting the children. One saw Crous hit them with a lyfband, and another says he saw Crous hit the children in the police van twice "playfully". Crous admitted giving the boys two light smacks with a lyfband. 261 The magistrate sentenced Crous to R100 fine or 20 days suspended sentence for five years, plus a departmental investigation into the fact that the police officers at Bellville police station refused to accept the charges laid by Allistair van Huysteen. Source: Bellville MAS 197/02/94 CASE 21 SHOOTING OF HERMANUS CHILD NOVEMBER 1993 Mr. Jackson Nkonzo's six-year old son was shot in the leg during a police raid on a squatter camp at Hermanus on 8 November 1993. The SAP claims that the purpose of the raid on the squatter camp was to arrest a sought-after criminal in the area. According to the police version of events, crowds of people gathered in the squatter camp and began throwing stones at the police. In what is purported to be a defensive action, the police fired on the crowd, injuring Mr Nkonzo's minor son. Stellenbosch law firm Chennells Albertyn is prosecuting the civil claim against the former Minister of Law and Order, who has recently made an offer in settlement of this matter. Source: Chennells Albertyn; Lawyers for Human Rights (Stellenbosch) CASE 22 ASSAULT OF STELLENBOSCH MAN 1993 Mr. M. Handile claims that he was assaulted by the police in Stellenbosch. He instituted a civil claim for damages against the Minister of Law and Order arising out of this assault. The civil claim was settled out of court, and the Minister paid Mr. Handile an amount of R15.000. Subsequently, the same policeman involved in Mr. Handile's case was convicted of assault in the Stellenbosch Magistrate's Court. The suspended police officer was later reinstated in his post, in spite of these two cases of assault against him. 262 Lawyers for Human Rights (Stellenbosch) requested the SAP to supply reasons why this policeman was reinstated in his job. The SAP replied that this was an internal malter. No reasons for reemployment have been given. Source: Lawyers for Human Rights (Stellenbosch) CASE 23 *. .». LUTZVILLE DEATH IN DETENTION NOVEMBER 1993 An elderly Lutzville man, Mr. E. Cardinal, died at the Lutzville police station after having been assaulted by two policemen. According to reports, Mr. Cardinal tried to intervene when the police attempted to arrest his son. They allegedly hit Mr. Cardinal on the head, and then arrested the 70-year old man along with his son. Mr. Cardinal subsequently died in police cells as a result of this assault. The Attorney General charged both policemen with culpable homicide, but the Minister of Law and Order reached an out-of-court settlement with the family of the deceased for R10,000. Source: The Argus, 27 November 1993; Complaints Investigation Unit. CASE 24 ASSAULT OF RIVIERSONDEREND MAN OCTOBER 1993 Mr. James Dickson claims that he was assaulted at home and in custody by members of the SAP at Riviersonderend on 15 October 1993. Mr. Dickson accused a certain Sgt. Stander of participating in the assaults. The Attorney General declined to prosecute the police despite requests from Lawyers for Human Rights. No civil claim was filed in this case because Mr. Dickson sustained only minor injuries. Source: Lawyers for Human Rights (Stellenbosch) 263 CASE 25 POLICE RECOVER INSTRUMENTS OF TORTURE SEPTEMBER 1993 Mr. X, aged 44 years old, claims that two detectives tortured him during his detention and interrogation at Mitchell's Plain police station. Police detectives arrested Mr. X on 6 September 1993 on charges of housebreaking. Between 3 a.m. and 6 a.m., according to Mr. X, two police detectives handcuffed him and tied his feet with shoelaces. They also placed a rag in his mouth to prevent him from screaming, and put a bag over his head to suffocate him. Then the torture started. The two detectives took turns asking Mr. X questions, and when he did not provide a satisfactory response, they tightened the bag around his head and tried to cut off his breathing. They also used electric wires in order to apply shocks to his body. The assault continued repeatedly for three hours. Following his release from detention, Mr. X filed a complaint at the Mitchell's Plain police station against his alleged torturers. The charge was filed at approximately 12 p.m. on 8 September 1993. The Mitchell's Plain police notified the Internal Investigation Unit (Southern Suburbs) at roughly 5 p.m. that same evening, and within three hours, investigators were at the scene of the crime with the complainant. Mr. X identified the rooms where he was tortured and showed the police investigators where the instruments of torture were stored. In the bottom desk drawers, police found a canvas sack, a television cord, and a hood (see picture below). Mr. X later identified one of his assailants at an identity parade; the other admitted to knowing Mr. X, but refused to participate in the line-up. In spite of such evidence, however, the Attorney General's office refused to prosecute the case until the complaint against Mr. X, a gang member, had been finalised. According to police investigators, this is routine procedure for the Attorney General's office in dealing with complaints against the police. The Attorney General decided to charge the two detectives with asault in July 1994. They appeared in the Mitchell's Plain Magistrate's Court in December, 1994 and in March, 1995. The case continues. Source: Mitchell's Plain No. 47/9/93. 264 CASE 26 ASSAULT OF THEFT SXlSPECT SEPTEMBER 1993 Police arrested Mr. Charl Williams on a charge of theft in September, 1993. He appeared in court, but was denied bail. On the day after his arrest, Mr. Williams' father visited him in the police cells. His father noticed that Charl had been assaulted After having been released from custody, Mr. Williams filed a complaint of assault against the SAP. The Attorney General declined to prosecute the case, and offered no reasons for this decision. Mr. Williams only consulted Lawyers for Human Rights in Stellenbosch after the civil claim had prescribed. Source: Lawyers for Human Rights (Stellenbosch) CASE 27 TORTURE OF ST. JAMES MASSACRE SUSPECT AUGUST 1993 The only suspect in the St. James Church massacre trial claims that he was assaulted on the day of his arrest at Nyanga police station and later tortured by members of the Peninsula Murder and Robbery Unit during subsequent interrogations. Mr. Gcinikhaya Christopher Makoma, aged 18, of Crossroads, has pleaded not guilty to 11 counts of murder, attempted murder, and illegal possession of guns arising out of the 1993 church massacre. Several other Crossroads youths were arrested for questioning in connection with the incident, but were released in September, 1993. Makoma laid a charge of assault against the police at Nyanga and Bellville South on 5 August 1993 for incidents which took place during his detention under Section 50 of the Criminal Procedures Act. He claims to have been assaulted again on 18 August by "a number of policemen in the presence of an officer." Five members of the SAP were identified as the culprits in an investigation conducted by the Internal Investigation Unit under Major Campher. In evidence presented before the Supreme Court, defence counsel alleges that Makoma was beaten by arresting officers at the Nyanga police station, and sustained bruising on his body. During later interrogations by detectives investigating the case, Mr. Makoma claims that he was suffocated with "a 265 plastic and water." The International Committee of the Red Cross visited Mr. Makoma at the time of his detention. On March 8th, Mr. Justice R. M. Marais delivered judgement in the trial- within-a-trial, declaring that Mr. Makomoa's confession was inadmissable evidence in court. "The court's finding is based upon the adverse effect which lack of sleep and ensuing fatigue - caused by prolonged and persistent interrogation working round the clock - may have had upon the accused's freedom of voliltion when making the statements." Mr. Justice Marais said that full reasons for the ruling would be given when the final judgement was delivered in the case. Source: The Cape Times, 18 August, 1993; Sunday Times, 22 August, 1993; The Cape Times, 20 September 1993; The Argus, 19 November 1994; The Cape Times, 9 March, 1995; Correspondence with Complaints Investigation Unit, 19 November 1993. CASE 28 SHOOTING AND ASSAULT OF WORCESTER MEN JULY 1993 Worcester police allegedly shot and assaulted two men, Mr. Joseph Thibeti and Mr. Thomas Ndadza, on 25 July, 1993. The incident occurred after police had been called into the area to investigate an alleged crime. The law firm Chennells Albertyn is prosecuting a civil claim against the Minister of Safety and Security on behalf of Mr. Thibeti and Mr. Ndada. A trial date in the Supreme Court is to be set shortly. Source: Lawyers for Human Rights (Stellenbosch); Chennells Albertyn CASE 29 TORTURE OF SUSPECTS IN AMY BIEHL MURDER TRIAL SEPTEMBER 1993 Three members of the Pan African Students Organisation, PASO, claim that they were tortured during their detention in connection with the August 1993 murder of American exchange student Amy Biehl. The three accused in the case - Mr. Mongesi Manqina, Mr. Mzikhona Nofelmela, and Mr. Vusumzi Ntamo, all of Guguletu - told Mr. Justice Friedman that they were forced to sign confessions at Manenberg police station where they were held shortly after their arrest. Detectives from the Murder and Robbery Unit were allegedly involved. 266 During the trial, Justice Friedman ruled in that Manqina's statement was inadmissable evidence because the testimony of the police officers conflicted and because there waslhe possibility that undue pressure was applied to the defendants. The court ruled that the statements made by the other two defendants were admissable, however. Source: Attorney Patrick Arendse; Yekiso and Associates. CASE 30 TORTURE OF KHAYELITSHA SCHOOL TEACHER AUGUST 1993 The PAC alleged that Khayelitsha school teacher, Mr. Vuyo Tekani, was tortured by the police while held under Section 29 of the Internal Security Act in East London Police detained Mr. Tekani in connection with the attack on the Highgate Hotel outside East London. Source: The Cape Times, 18 August 1993; The Argus. Dennis Cruywagen; Attorney Jimmy Yekiso. CASE 31 TORTURE OF BELHAR YOUTHS AUGUST 1993 Three Belhar youths claim that they were arrested and tortured by the same police officer, Det. Sgt. Deppie, at the Murder and Robbery Unit at Bellville South police station in August and September 1993. Mr. "A", aged 17, says that Deppie stripped him naked, blindfolded him, and suffocated him with a wet back before he confessed to committing a crime. Mr. "B", aged 19, claims that Deppie bound his feet and hands, and forced him to lay on the ground, before a wet bag was placed over his head. Mr. "C", aged 18, tells a similar story. After Deppie assaulted him in the cells, Mr. "C" contacted a friend in order to obtain legal assistance. When Deppie learned that a complaint had been filed against him, Deppie booked him out of the cells and punched him twice. Deppie then bound him and invited a group of people to join in assaulting him. Mr. "C" says that he was suffocated with a wet back, and given electric shocks under his fingernails. He also claims that police denied him food and access to a telephone. When 267 he raised the question of assault under interrogation, a magistrate told him that the court was not the appropriate place to deal with complaints of this nature. Source: Affidavits by Shannon Neill, South, 11 November 1994 CASE 32 ASSAULT OF MAITLAND MAN OCTOBER 1993 The Attorney General prosecuted three assistant constables for allegedly assaulting a man in the Maitland police station on 20 October 1993. The constables are: Jan Johannes Cloete, aged 28, of Kleinvlei, James September Jacobus Douries, aged 19, of Kleinvlei; and Richard McPherson, aged 22, of Northpine, Brackenfell. No outcome is reported. Source: The Argus, 6 July 1994. CASE 33 TORTURE OF GRASSY PARK CRIMINAL SUSPECT JULY 1993 A 26 year-old man known as Mr K claims that two police detectives tortured him during his detention and interrogation on 20 July 1993 at the Grassy Park police station. After taken into detectives offices following his arrest, Mr K says that the police handcuffed his left hand to burglar bars on a window. Detectives then placed the inner tube of a tyre - filled with water - over his face so that he could not breathe. The two policemen reportedly took the tube off and put it on his head repeatedly. They also tried to strangle Mr K with the tube. Mr K was treated by a doctor who noted physical injuries to his left wrist and elbow on a J-88 form. Three days later, after his release from custody, Mr K filed a complaint of assault at the Grassy Park police station. Police investigators from the Internal Investigations Unit (Southern Suburbs) searched the detectives offices in Grassy Park, but found no evidence of the torture instruments. 268 Apparently, according to one source, the detectives had been informed beforehand that a complaint had been filed against them in the charge office. •* The Internal Investigation Unit foiA/varded the docket to the Attorney General with a recommendation to prosecute on 16 March 1994. One month later, the Attorney General's office sent a terse letter in response back to the police: "We decline to prosecute." No further reasons were given for this decision. The Internal Investigation Unit recommended that departmental steps be taken against the two detectives, but no further information is available regarding further disciplinary sanctions. Source: Grassy Park 345/7/93 CASE 34 ASSAULT OF ANC LEADERS BY ROBERTSON POLICE OCTOBER 1993 Robertson ANC leaders Mr Abraham G. Bronn and Mr. Jean Jacques van Rooyen say that they were assaulted by Robertson police in the charge office on 29 October 1993. The case is continuing. Source: Moosa, Wagley, and Pieterse; SALDEF. CASE 35 ASSAULT OF ANC LEADER IN VILLIERSDORP SEPTEMBER 1993 Mr. Peter De Wet, secretary of the ANC in Villiersdorp, was charged with assaulting a police officer, resisting arrest, and hindering a police officer in carrying out his duties. The charges stem from an incident on 18 September 1993 when De Wet was socialising at the local hotel in Villiersdorp when the police entered and arrested a friend, Stephanis Felix. When De Wet enquired about why police were arresting his friend, he was told not to interfere with police procedure. One hour later, police returned to the hotel, and brutally assaulted De Wet. Source: Moosa, Wagley, and Pieterse: SALDEF. 269 CASE 36 ASSAULT OF MR. MORNEY PHILLIPS SEPTEMBER 1993 Mr. Morney Phillips of Elsie's River was arrested by police and charged with public violence. Mr. Phillips alleges that policemen hit him on the face during his arrest. The charge of public violence was withdrawn against Mr. Phillips following representations made by Advocate Raoul Le Breton instructed by Herold gie and Broadhead. The civil claim against the Minister later prescribed and the matter has not been pursued. Source: Lawyers for Human Rights (Western Cape) CASE 37 POLICEMAN CONVICTED OF RAPE IN STATION TOILETS AUGUST 1993 Cape Town Regional Court convicted Warrant Officer Patrick Elder, aged 28, of raping a woman in the toilets at the Caledon Square police station in Cape Town in January, 1992. The court sentenced Elder to seven years' imprisonment for the rape of a 25- year old Nyanga woman, who had been arrested on a charge of shoplifting. Elder was released on R500 bail pending the outcome of an appeal against his conviction and sentence. Elder pleaded not guilty to the crime, arguing that the woman consented to having sex with him in the police station toilets. According to the Human Rights Committee in the Western Cape, Elder won his appeal on these grounds. He was later transferred to the Radio Control Unit in Pinelands, but it is not known whether any further disciplinary measures were taken against him. Source: The Cape Times, 12 August 1993; Human Rights Committee (Western Cape). 270 CASE 38 TORTURE OF ALLEGED SEX OFFENDER JULY 1993 Mr. D filed a complaint against a Bellville police constable for assaulting him during interrogation on 22 July 1993. Mr. D says that the constable hit him with clenched fists and kicked him with his shoes. Another police constable disputed this version of events. He claimed that while he was preparing food for other detainees at Bellville, he overheard the accused constable questioning Mr. D and that no assault occurred. Mr. D. was being questioned in connection with a sexual offence allegedly committed against an underage school girl. Source: Bellville South MAS 582/07/93 CASE 39 ASSAULT OF MR. ZACQUES MARIO GRANVILLE SASS JUNE 1993 Mr. S complained that after he was involved in a car accident on 13 June 1993, three policemen took him to the Bellville South police station where he was tortured. According to the complainant, a police constable took him to the back of the charge office for interrogation at approximately 3:20 a.m. and started hitting him with a closed fist on the eye, mouth and chest. When Mr. S. fell to the ground, the policeman kicked him in the upper chest. Mr. S. sustained a blue eye and cut lip. After this assault, another police constable allegedly picked Mr. S. up, and smashed his head against a wall several times. Mr. S. sustained a head injury as a result. The beatings only stopped, according to the complainant, when a woman in plainclothes shouted at Jacobs and Pannals to stop. The police then released Mr.S. Responding to these allegations, the policemen involved claim that Mr.S. sustained his injuries in the car accident, that he was drunk at the time of 271 arrest, and that he behaved in an unruly manner in the charge office. No witnesses were present during the alleged assault. The Attorney General declined to prosecute in this case, but recommended that internal departmental steps be taken against the two policemen instead. Source: Bellville South MAS CASE 40 TORTURE OF JUVENILE OFFENDER JUNE 1993 The state acquitted a police detective on charges of assault against a juvenile offender on procedural grounds. The state's reason for acquittal: the investigating officer repeatedly failed to produce state witnesses at court appearances. The complaints arose from an incident in June, 1993, when Det. Sgt. Clarke took a young juvenile offender, Mr E, from Bonnytoun Place of Safety in Wynberg to the Murder and Robbery Unit at Bellville South. Mr. E claims that Clarke tied a rope around his neck, slapped him in the face, and punched him with his fists. The minor also alleges that the policeman placed a wet bag over his head and smothered him. The Attorney General decided to prosecute. When the case came to court, the state prosecutor F. H. L. Raymond noted that the witnesses were not thoroughly warned or produced in court. The court found the state negligent in not informing the relevant witnesses and further delays were refused. In light of these circumstances, the court acquitted Clarke of the crime. Source: Bellville South MAS 68/6/93 CASE 41 MURDER OF KUILSRIVIER MAN APRIL 1993 An investigation is being held into the death of a Kuilsrivier man shot and killed in an altercation with a Bellville South policeman, on 16 April 1993. The police constable says that he and a friend were walking in Kuilsrivier when the deceased attacked them with an unidentified weapon. They continued walking, but the police constable turned around and shot the man in the stomach. He then fired two more times. 272 The police constable claims he fired his weapon twice as a warning after a group of local men surrounded them Another man, shot by the police constable, was woundefl in the incident. The case is still proceeding. Source: Kuilsrivier, MAS 407/4/93 CASE 42 TORTURE OF EBRAHIMA CLOETE FEBRUARY 1993 Manenberg resident Ebrahima Cloete, claims that he was assaulted and tortured by members of the Housebreakinq Unit on 11 March 1993 when he was arrested on a charge of theft. Following his arrest, Cloete was taken by four policemen (three white and one coloured) to the Bellville South police station. Included in the team were policemen named Visser, Vermeulen, and Frikkie Coetzee. There in a small office, these police ordered him to lie on his stomach on the floor. His hands were handcuffed, and a police officer placed a chair between his arms and his back as the interrogation proceeded. One of the policemen allegedly pulled a rubber tube over Cloete's face in order to force his confession. "I started to panic because I could not breathe and tried to move violently so that the tube would be taken off my face. After I was allowed to breathe again, I told the police that I was alone. One of the policemen told me not to lie." One of the police then said, "Jy naaitjie, jy lieg vir ons, jy gaan vir ons wys." Cloete was taken out of the police station and driven in a police vehicle in order to identify stolen goods. Upon his return to Bellville South, however, the torture resumed. Cloete was forced to lie face down on the floor, a chair was placed over his back, and a hood pulled over his head. A few minutes later, he heard cables drop to the floor and then small metal pieces were placed on each of his hips and behind his neck. "Gee vir horn daardie medisyne," one of the policemen shouted, as they switched the machine on and off. "This went on for about half an hour and the pain was so terrible that I could not bear it." "My body was in agony and I tried to scream, but I could not breathe because the ruksak was wet as it was being pressed against my mouth. It felt as if a metal poker was being stuck into my body the pain was so bad." 273 Cloete filed a criminal complaint against three detectives whom he selected in an identity parade: Detective Sergeants J. J. Vermeulen, F. G. H. Coetzee, and E. Visser. The Attorney General found prima facie evidence of assault and decided to prosecute them, but a Bellville magistrate acquitted all three because the court found the complainant to be an 'unreliable' witness. Three other detectives implicated in the case were not charged. Source: Affidavit by Chennells Albertyn, Stellenbosch, 14 May 1993; Correspondence from CIU, 18 August 1994. CAS 367/05/93. MAS 365/5/93; The Trauma Centre for Victims of Violence and Torture. CASE 43 TORTURE OF MR. HARRY MILLER MAY 1993 Bishop Lavis resident Mr. Harry Miller alleges that he was tortured by members of the Housebreaking Unit following his arrest on 7 May 1993 on charges of theft. Three detectives - two white and one coloured - drove Mr. Miller away from his home in a creme coloured kombi. As they drove away, one of the cops reportedly said, "Now we're going to screw (naai) you up in Bellville. And you're going to talk." When they reached the Bellville South police station, the police handcuffed Miller and kicked his legs out from under him so that he fell to the floor. Then they placed a chair over his back between his arms so that he could not move. As he lay there on the carpet, one of the policemen placed a canvas bag over his head and poured water over it. They pulled it tightly against his face from behind the neck, and Miller says that he could not breathe. After trying to suffocate him several times, the policemen splashed water on the nape of his neck and at the small of his back. Then they placed a needle- like instrument at those same places. "Then I felt a shock go through me. My whole body shook. I felt that shock.... They would shock me for a minute or so, and then stop. They repeated this five or six times. After that, they threw water in the bag again, and pulled it tightly over my face. I lost consciousness at this point and did not know what was happening around me." When he had woken up, Miller discovered the canvas bag removed, the handcuffs taken off, and a pool of vomit besides his mouth. He also had defecated in his pants. Later, Miller was transferred to Woodstock police station where he filed a complaint about his torture at Bellville South. 274 Miller identified two detectives, Vermeulen and Waynie from Bishop Lavis, who allegedly participated in his assault. Detective Vermeulen was implicated in the assault of Mr. Ebrahima Cloete of Manenberg; he allegedly used the same methods and the same verbal abuse against both men. The SAP Internal Investigation Unit looked into this case. Although several inconsistencies were found in the alibi provided by Bellville detectives, the Attorney General declined toprosecute this matter. No further explanation was given. Source: Affidavit by Chennells Albertyn, Stellenbosch, August, 1993; SAP Internal Investigation Unit; The Trauma Centre for Victims of Violence and Torture CASE 44 TORTURE OF MR. KEITH BIRD MARCH 1993 A Waterfront security guard named Mr. Keith Bird claimed in the Cape Town magistrate's court in 1993 that Captain Jasper Engelbrecht had assaulted, threatened, and intimidated him into signing a confession at Caledon Square police station. In a trial within a trial to test the admissability of a confession made to police, Mr. Bird told Cape Town Regional Magistrate D. Louw that he made a statement to a police captain because he had been assaulted, threatened and intimidated. Mr. Bird said he was kicked and punched in the cells. Assistant Constable Richard Jantjies denied participating in the assault, saying that he never clamped the suspect's head between his legs during interrogation. The Lotus River man also claimed that the investigating officer, Sgt. Phillipus Sutherland, promised that 'the process of law would be hastened' if he cooperated by signing a confession to the alleged rape. The magistrate rejected Bird's allegation and ruled the confession admissible evidence. Captain Engelbrecht admitted in court that he failed to enquire about the injuries which Mr. Bird sustained on his right arm and left leg. The court later convicted Mr. Bird of raping a Stellenbosch University student at Bertie's Landing in the Waterfront. Source: The Argus, 10 June 1993; The CapeTimes. 10 June 1993; Correspondence with CIU, 17 June 1994, Attorney Jerome van der Schyff for the defence. File BR 2/6/94 275 CASE 45 ASSAULT AND CHILD ABUSE BY STELLENBOSCH POLICEMAN FEBRUARY 1993 Stellenbosch Constable Albertus Le Roux pleaded guilty to four counts of child abuse on 5 October 1993. He was convicted and sentenced to six months' imprisonment or R5.000, suspended for three years. Constable Le Roux admitted to dragging four minor boys accused of petty theft into the Stellenbosch state mortuary and exposing them to dead, dismembered bodies. The police constable said that he wanted to teach the children a lesson; showing the children dead corpses would be a "suitable deterrent. ". "That's where you are going to end up," Le Roux told the primary school pupils when he dragged them one by one into the cold storage units used at the mortuary, located next to the police station. One month earlier, on 23 September 1993, the Minister of Law and Order reached an out of court settlement with Mr. Headman Masimini of Khayamandi after he was allegedly assaulted by Constable Le Roux. The beating was so severe that Mr. Masimini's eardrums were perforated and his face and head bruised. Le Roux slapped Mr. Masimini across the face, saying, "Kaffir, you are full of nonsense." The case was settled for R3.000. According to the most recently available information, Constable Le Roux is still an active duty policeman in Stellenbosch. No further disciplinary steps have been taken against him. Source: Affidavits, Chennels Albertyn; The Argus. 6 October. 1993: Sunday Nation, 17 October 1993; The Trauma Centre for Victims of Violence and Torture. CASE 46 ASSAULT OF MR. ASCHRAF DAVIDS JANUARY 1993 Mr. Aschraf Davids alleges that he was assaulted by the police while in custody at the Lansdowne police station in January, 1993. The matter was referred to Windvogel and Associates in July, 1993. Mr. Davids laid a criminal charge of assault against members of the SAP at Lansdowne. The attorneys agreed to monitor the case, and proceed with a civil claim, but the civil claim prescribed Source: Lawyers for Human Rights (Western Cape) 276 CASE 47 .« ASSAULT OF MR. SYDNEY MOSES JULY 1992 The Minister of Law and Order paid R65.000 in an out of court settlement to a Stellenbosch street cleaner who was severely assaulted by Constable Johannes Lubbe. The constable remains on active duty at Stellenbosch police station. According to his attorneys, Mr. Sydney Moses, aged 48, was drinking wine with some friends in Ida's Valley on the night of 12 June 1992. They were incarcerated in the "drunk cell" by Constable Lubbe, and Moses was allegedly assaulted when he refused to hand over his pay packet. As a result of the assault, Moses was left bleeding and unconscious. His friends pleaded with police for help, but he was not attended by a district surgeon until 8 a.m. the next morning. He was treated at Stellenbosch Hospital and later transferred to Groote Schuur Hospital in Cape Town. There neurosurgeons removed a massive left frontal haemotoma and an associated acute subdural haemotoma that had caused a 12 mm. shift of his brain. Moses suffered permanent personality changes due to this assault, and has returned to his street-sweeping job, according to The Argus. Constable Lubbe reportedly admitted to the assault, but claims to have acted in self-defence. The police claim that Moses regained his consciousness sufficiently to become aggressive and refuse medical treatment. Western Cape police spokesman Raymond Dowd said that "assault is a high- risk factor in policing. That is not to say that we condone assault - we investigate every case and a policeman is supposed to control his emotions. The police are entitled to use a certain amount of force in the execution of their duties. I can assume only that, in this case, Constable Lubbe overstepped the mark." Source: The Argus, 19 November 1994; Affidavits by Chennells Albertyn. 277 CASE 48 ASSAULT OF MR. PETROS SAMSON FEBRUARY 1992 Constable Johannes Lubbe "overstepped the mark" yet again, this time in a case of drunkenness involving Mr. Petros Samson at the Cloetesville police station in February, 1992. Samson filed criminal charges against Constables Lubbe and Snel, claiming that when he was arrested on charges of drunkenness, the policemen assaulted him at the station. It appears that the policemen involved were angry with Samson for climbing out of a police vehicle slowly. They subsequently hit him repeatedly, while kicking him in the thorax, abdomen, and head. Samson identified Lubbe and Snel at the third identity parade, but they still remains on active duty. The Attorney General has declined to prosecute. Sampson's attorneys are seeking civil damages from the Minister of Safety and Security. Source: The Argus, 19 November 1994; Affidavits by Chennells Albertyn CASE 49 TORTURE OF MR. SEPTEMBER MBATYAZWA 1992 Police arrested Mr. September Mbatyazwa in connection with an armed robbery and detained him at the Strand police station. There Mr. Mbatyazwa claims that he was assaulted by Det. Coetzee and Sgt. Mokhadjon, members of the Murder and Robbery Unit based at Bellville South police station. During the subsequent trial, the magistrate ruled that the confession obtained by the police was inadmissable evidence because it had been forced during interrogation. Source: Chennels Albertyn 278 CASE 50 TORTURE OF MR. GlftEON SILATSHA AND SUSPECT NOVEMBER 1992 The case involves the alleged torture of a rape suspect, Mr. Gideon Silatsha, at Simon's Town police station in November, 1992. Police charged Mr. Silatsha with the robbery and rape of a 57-year old white woman in Scarborough. Mr. Silatsha complained in court that he was hit in the face and kicked repeatedly. He also accused the police of firing a teargas cannister into his mouth when he could not answer police questions during interrogation. Mr. Silatsha also told the court that a second suspect questioned in connection with this case - known only as Raymond - was detained at Simons Town police station. According to Mr. Silatsha, the police pulled down Raymond's pants, and hit his genitals with a fingerprint pad. Warrant Officer Christo Fourie told the court that it was necessary to remove Raymond's underpants to ensure that he was not also involved in the rape. Mr. Silatsha was convicted of rape and robbery in 1993, but in his closing statement, the judge "noted" the allegations of assault, and recommended that the case against Warrant Officer Fourie be investigated further. The Western Cape CIU visited Mr. Silatsha in Pollsmoor, but he declined to file a criminal complaint against the police. Source: The Argus, 21 October 1993; Correspondence with CIU 17 June 1994; Gideon Silatsha File BR 1/6/94. Attorney Piet Steyn for defence. CASE 51 TORTURE OF PORT NOLLOTH MINOR SEPTEMBER 1992 Constable D. Basson and Assistant Constable Beukes paid admission of guilt fines in connection with the assault of a minor youth in Port Nolloth on 26 September 1992. The boy was arrested in connection with the theft of a jacket. He was picked up in a police van, driven around while held in the back of the van, and then assaulted several times in the police station in front of other police. The minor was beaten over the legs, face and chest with a belt. Teargas was also sprayed in his face. 279 After paying admission of guilt fines - R300 and R100 respectively - the two policemen were given a verbal warning by their superior officer. Basson and Beukes remain active duty members of the SAPS. Source: Human Rights Commission, 12 November 1993; BR 2/10/92 and Port NollothCR 29/10/92. CASE 52 ASSAULT OF MR. MELVIN SAULS SEPTEMBER, 1992 Mr. Melvin Sauls was allegedly assaulted by a member of the SAP at Sea Point police station on 21 January 1992. He was charged with housebreaking and theft, but was later acquitted Mr. Sauls alleges that he was accused of being an ANC member while in custody. Mr. Sauls later filed a charge of assault against the police at Sea Point, but later told his attorneys that he was reluctant to point out the policeman at an identity parade. The matter was referred to Herold Gie and Broadhead in September, 1992, but by then the civil claim had prescribed. Source: Lawyers for Human Rights (Western Cape) CASE 53 ASSAULT OF UNNAMED DETAINEE APRIL 1992 A Cape Town advocate who wishes to remain anonymous reported that he won a case in which his client claimed to have been assaulted at the Mowbray police station. His client was assaulted in the charge office, and sustained serious rib injuries after being kicked on the ground. During the trial, the magistrate ruled that the confession made during interrogation was inadmissable evidence because it was not freely given. A civil claim is still pending. Source: Cape Town-based advocate who wishes to remain anonymous 280 CASE 54 EXTRAJUDICIAL EXECUTION OF UNNAMED DETAINEE JUNE 1992 A Cape Town-based advocate, who wishes to remain anonymous, reports that he argued a case which two suspected car thieves were shot by members of the Peninsula Murder and Robbery Unit at Bellville South. One suspect died, the second wSs^hospitalised. According to the advocate, the surviving suspect was visited in hospital by detectives who applied pressure to his gunshot wounds. During subsequent interrogation, a wet bag was placed over his head. A state witness in the case also claims that police assaulted him, according to the defendant's attorney. The police allege that these injuries were inflicted by other detainees occupying the same cell. During the trial, however, the magistrate accepted the admissability of the confession and rejected the defendant's claim of coercion. The magistrate did note that one detective gave conflicting evidence during the proceedings, but was willing to give him the benefit of the doubt in this particular case. An appeal is pending. Source: Cape Town-based advocate who wishes to remain anonymous. CASE 55 TORTURE OF MK MEMBER FEBRUARY 1992 The Criminal Intelligence Service detained Mr. F, a Guguletu resident and member of Umkhonto we Sizwe, at the Table View police station from 30 January to 3 February 1992. According to a statement made by Mr F following his release from detention the police refused to allow him access to a telephone or to contact his lawyer. They also forced him to strip naked in front of two people, which Mr. F found humiliating. The police allegedly threatened Mr. F that if he did not talk, they would resort to the same tactics that they used against him during his previous detention in 1986. The Attorney General and the Designated General in terms of the National Peace Accord declined to prosecute the matter. Source: BR 1/2/92: Complaints Investigation Unit, Western Cape. 281 CASE 56 SEVERE ILL-TREATMENT OF JOHANNESBURG PENSIONER JULY 1992 Johannesburg pensioner Mr. Bob Brandon says that Table View police locked him in the same police vehicle - and later in the same police station cell - with two criminal suspects who had earlier assaulted him. Mr. Brandon, aged 55, claims that the two men in the cell assaulted him and shoved him head first into the bars of the cell. During the attack, Mr. Brandon repeatedly cried for help to Warrant Officer van Niekerk, who failed to respond. Mr. Brandon also claimed that police refused to provide him with medical treatment, even after his wife explained that he was diabetic. He was later released without charge by the police and treated at Tygerberg Hospital for his injuries As a result of the attack, Mr. Brandon suffered damage to his jaw, his palate, his face, and his dentures. He has experienced severe headaches, dizziness, and loss of short-term memory since the assault. Mr. Brandon sued the Minister of Law and Order for R115,000 in damages sustained during his incarceration at Table View police station in July 1992. Source: Sunday Times, Cape Metro Section, 12 June 1994 CASE 57 POLICEMAN ADMITS KILLING 23 PEOPLE JUNE, 1991 An Internal Stability Unit member, Sgt. McMaster, allegedly shot and paralysed a Guguletu youth, Mr. Sithembele Kasi, on 21 June 1991. As a result of injuries sustained, the youth filed a civil claim against the Minister of Law and Order for damages. In the court proceedings that ensued two years later, Sgt. McMaster admitted that he had shot dead at least 25 people. He told the court that he had killed 20 people before shooting Kasi, and another three people since 1991. He later confirmed these killings in an interview with the BBC. Sgt. McMaster 282 said that the number of killings cited did not include 'insurgents' whom he shot dead while operating as a member of the SAP's Koevoet unit in Namibia before independence.* Source: Daily Despatch, 3 September 1993; Legal Resources Centre (Cape Town). CASE 58 TORTURE OF ALLEGED CAR THIEVES IN SEA POINT JUNE 1991 Two suspected car thieves told the Cape Town Magistrate's Court that a Sea Point policeman, Sgt. Paul Manuel, aged 25, assaulted them on 8 June 1991. According to Mr. Mitchell May and Mr. Mark Cornelissen, the police sergeant rolled up his sleeves and said, "You're car thieves, hey?" to the two men before assaulting them in the Sea Point charge office. The policeman allegedly kicked the men, pistol-whipped them, and placed a wet bag over their heads. The Attorney General decided to prosecute the case; it came to the Cape Town Magistrate's Court more than two years after the incident took place. The only eyewitness was another policeman, who contradicted the story given by the two complainants; according to Sgt. Willem Kruger, the two suspects were not held at Sea Point, but released immediately. Sgt. Manuel was tried and acquitted. Source: The Cape Times, 12 August 1993; Magistrate Mr. P. S. Sauerman; Prosecutor Mr. M. B de Vries. CASE 59 EXTRAJUDICIAL EXECUTION OF MR. IVAN JONES 1990 Mr. Ivan Jones handed himself over to the police for questioning in connection with the murder of a seaman, according to a report published in South newspaper. His brother Kenneth claims that Ivan received a threatening message from a detective in the Peninsula Murder and Robbery Unit that he would be shot on sight if he did not surrender himself. Jones was taken to Bellville South for 283 fingerprinting, and was shot dead after allegedly assaulting a police officer with a paper knife. "He went to hand himself in. It doesn't make sense that he then assaulted a policeman," Kenneth Jones told South. Source; South, 18 November 1994. CASE 60 ASSAULT OF FEMALE DETAINEE JANUARY 1990 A Steenberg resident, Ms. G, filed charges against police for assault and mistreatment during her arrest and detention in January 1990 at Muizenberg police station. Ms. G claims that during her arrest police slapped her in the face and tore off her blouse. While she was being transported to the police station, police slapped her again in the back of a van. In the Muizenberg police station charge office, a policeman grabbed her around the neck and pushed her up against a wall and began slapping her again. Ms. G was denied food during her incarceration. The case is still pending. Source: Legal Resources Centre, Cape Town. CASES 61-66 TORTURE OF JUVENILE SUSPECTS 1993 The following cases of torture were uncovered by researchers working with juveniles detained at Pollsmoor Prison in Tokai: Mr. H, Manenberg youth, aged 15: This young boy reported that he was assaulted and tortured by the police at Caledon Square police station after being arrested on charges of housebreaking and theft. Police allegedly beat him with a sjambok on his back and on his head. They also reportedly covered his face with a tube in order to suffocate him. He lost consciousness during this procedure. A multiple offender, the youth was sent to a reformatory for boys in Cape Town. 284 Mr. I, Belhar youth, aged 16: This young boy reported that he was arrested for alleged murder in 1991 and attempted murder in 1993. Arrested with a groJp of other boys, he claims to have been assaulted in Caledon Square police station in 1993. Police reportedly asaulted each boy individually with a 'pik steel' in the toilets of the police station, and then locked them up in cells for 48 hours. Mr. J, Delft youth, aged 17: This young boy claimed that he was arrested for murder in 1993 and ta"keTi to Sea Point police station were he was subjected to extensive torture. He told interviewers that he was beaten and given electric shock torture by the police. He was later placed in a filing cabinet, which police struck with their batons The young reported that he was shocked and frightened by the torture, but withstood the pain because he feared the consequences of returning to his youth gang. Mr. K, Elsies River youth, aged 15: This adolescent was arrested in connection with the rape of a five-year old boy. Following his arrest, the youth says that he was taken to Bellville police station and assaulted by a policeman. The policeman kicked and beat the youth with a baton when he refused to be incarcerated at Pollsmoor Prison. Mr. L, Guguletu youth, aged 22: This youth claims that he was beaten at the Guguletu police station following his arrest on charges of theft. He alleges that Guguletu policemen assaulted him with a sjambok in order to make him confess to the crime. Mr. M, Cape Town youth, aged 17: This boy was arrested on charges of attempted murder and rape in 1993. He was taken to Wvnberg police station where he claims police assaulted and tortured him. Police reportedly beat and kicked him. They also placed his fingers in a draw and slammed it shut on them. They allegedly covered his face with a tube in an attempt to suffocate him. Church, welfare, and children's rights groups in the Western Cape have reported many other incidents in the past two years involving police assaults on juveniles in trouble with the law. 285 CHAPTER TEN OTHER AREAS EASTERN CAPE CASE ONE Death of Sphiwo Nhuko Driven over by police in car~ 23 July 1992 Port Elizabeth ISU and CIS Evidence was heard in a murder trial in which four Eastern Cape policemen Anton Maritz, Adrian Muller, Andre Barnard, Roeloff Kleyn were accused of driving over a handcuffed suspect. The incident occurred on 23 July 1992 when Sphiwo Nhuko was arrested in a deserted side street in Port Elizabeth's Deal Party industrial area. The four policemen were members of the ISU and CIS units. Nhuko had been arrested and the police were taking him to the township to identify another suspect. Nhuko allegedly failed to point out the suspect. Police Constable Willand told the court that the vehicle was stopped in the Deal Street industrial area. Willand and Maritz took a belt and fastened the handcuffed suspect to the front of the vehicle and told him "Nou gaan jy f*** hardloop". They then got into the vehicle and drove over the suspect. Another witness in the trial, Sergeant W Cullis, was in a second vehicle parked near Maritz. Maritz allegedly asked them if they were going to "run along" and Cullis shouted that he wanted no part of what was happening. Cullis said that seconds later, he noticed a person under the first vehicle which was stationary. Cullis ran towards the vehicle and found Maritz, Muller, Barnard and Kleyn at the back. Nhluko was bleeding and apparently dead, still handcuffed and tied to the vehicle. Curtis told the court that Maritz then allegedly radioed in that Nhuko had tried to escape, and that he had been run over while he was being pursued. The Port Elizabeth district surgeon Dr L E Krige said that a post mortem revealed that Nhluko had died as a result of "blunt force" applied to his head and chest. All four policemen on trial were suspended pending the outcome of the trial. (Sunday Times, 14 February 1993) 287 CASE TWO Torture of Mbulelo Kata Seymour SAPS Mbulelo Kata, a night watchman at the magistrate's court in Seymour in the Eastern Cape, claims that he was tortured by police after being arrested in connection with the theft of R100, 000 . Mr Kata claimed that police used the 'helicopter' method of torture against him. He said that a crowbar was placed between his arms and the back of his knees. The police then lifted him up and suspended the crossbar between two tables. As the police turned him round and round in mid-air, they assaulted him in an attempt to force him to confess his involvement in the crime and to name his accomplices. (Weekly Mail and Guardian) CASE THREE Death of Daku Malgas 14 August 1992 New Brighton SAPS Died on 14 August 1992 in the New Brighton police station because no medical attention was given for injuries sustained before arrest. (HRC) CASE FOUR Death of Mablanda Wulana 17 August 1992 Port Elizabeth SAPS Mr Wulana(24), an MK member, died on 17 August 1992 allegedly of an AIDS- related liver infection in the Livingstone Hospital in Port Elizabeth. His family reported that he was not HIV positive. Attempts to visit him in hospital were blocked by the police. (HRC) 288 CASE FIVE .« • *> • Death by hanging of Nomhle Hermanus 4 October 1992 East London SAPS Found hanging in her cell in ETas! London. She died a few hours later in hospital on 14 October 1992. (HRC) ORANGE FREE STATE CASE SIX Torture of Mr TT 21 March 1991 Welkom SAPS Mr TT (16) was arrested by two SAP members on 21 March 1991 in Welkom. He was taken to the local police station where he saw two other white policemen. He was later informed that these two policemen were from the security branch in Kroonstad. He was then questioned about a meeting that was held in the township. When he refused to answer questions, he was blindfolded and wires were attached to his body, and he was shocked. During his interrogation, he was forced to admit that the ANC wanted to force township councillors to resign. He was then returned home and told not to tell anyone what had happened to him. (Independent Board of Inquiry) CASE SEVEN Assault and death of Joseph Koetze 25 January 1992 Hertogville SAPS Died in Hertzogville on 25 January 1992, the day after he was assaulted by a policeman. (HRC) 289 CASE EIGHT Assault and death of Zinakele Michael Tafani 1 March 1992 Bloemfontein SAPS Mr Tafani (23) collapsed and died on 1 March 1992 in Glen Hill, Bloemfontein after repeated assaults by the police (HRC) CASE NINE Assault and death of Morgan Thamai 21July1992 Reddersburg SAPS Died on 21 July 1992 in Reddersburg police station of a brain haemorrhage after a severe assault. He was 60 years old. (HRC) CASE TEN Assault and death of Abel Montoedi 6 August 1992 Vredefort SAPS Mr Montoedi died at the Vredefort police station on 6 August 1992 of a brain haemorrhage as a result of assault by the police. (HRC) CASE ELEVEN Death of Jan Motsoeng 19 September 1992 Bethlehem SAPS Died on 19 September 1992 in hospital in Bethlehem. An inquest dossier was opened. (HRC) 290 CASE TWELVE Assault and death of Solomon Matima 24 October 1992 Thabong SAPS Certified dead on arrival at hospital on 24 October 1992 after being assaulted during a quarrel with a policeman at the Thabong police station. (HRC) CASE THIRTEEN Death of Sipho Makhaba 8 March 1993 Welkom Died in Welkom Hospital on 8 March 1993 after being injured by a mine security guard who had arrested him for being in possession of stolen copper wire. (HRC) CASE FOURTEEN Torture of car theft suspects Welkom April 1993 SAPS Two suspects arrested in connection with the Eikenhof shooting alleged that they were tortured by Welkom police after their arrest. A third suspect promised to hand himself over to police on condition that he would not be tortured. (The Cape Times, 6 and 8 April 1993) CASE FIFTEEN Death by hanging of Joseph Moholo 15 May 1993 Bultfontein SAPS Joseph Moholo, who had been arrested the day before for alleged illegal possession of a firearm and ammunition.was found hanging in a cell of the Bultfontein police station on 15 May 1993. The ANC alleged that Maholo had been tortured before he died. The police denied the allegations. (HRC) 291 CASE SIXTEEN Shooting and death of Mr MK 5 September 1994 Aliwal North SAPS Mr MK was being held in police cells in Aliwal-North while awaiting trial. What follows is a police version of what happened leading up to his death on 5 September 1994. According to the police he refused to be moved to Burgersdorp before seeing the station commander. A Warrant Officer came to speak to him to ask him to move. Mr MK then stabbed the W.O. in the shoulder. The W.O. then ran out of the cell. Mr MK then stabbed another policeman, who had come into the cell, in the abdomen and back. A third policeman arrived and shot Mr MK once in the chest killing him immediately. Lawyers for Human Rights requested that the two injured policemen submit themselves for an independent medical examination. They refused to do this. An enquiry into the incident is in process. ( LHR, Border) NORTHERN TRANSVAAL CASE SEVENTEEN Shooting of Mr NL Seshego, Pietersburg 17 October 1992 SAPS On 17 October 1992, Mr N L picked up an abandoned bag containing some wires. A police van drove past, made a U-turn and fired shots at him. Mr NL was hit in the thigh and testicles. He had to have his testicles removed as a result of this shooting. Charges were laid against the police. LHR is acting for the victim. Despite their requests to be kept informed of developments regarding the case, this has not happened. A civil claim against the Minister of Law and Order is pending. (LHR, Northern Transvaal) 292 CASE EIGHTEEN Assault of Mr L 20 October 1993 Pietersburg SAPS On 20 October 1993, at about midnight Mr L was arrested at his home by members of the SAP and taken to the Pietersburg Police cells. Mr L was accused of murder, which he denied. The police then took Ledwaba and handcuffed him. One of the white policemen placed his knee on Ledwaba's stomach and assaulted him. After this, Mr L and two others were taken by this policeman in a Toyota Kombi to Ladanna. At Ladanna, the police stopped and bought beer which they drank before continuing. Mr L was made to lie flat on the back seat so that he could not see where they were going. When they stopped driving, they removed Mr L from the vehicle and tied him to a tree. A plastic bag was placed over his face so that he could not breathe. The policemen then assaulted him and eventually Mr L lost consciousness. Two days later Mr L was released. Mr L laid charges against the police, but was later told by the investigating officer that these charges had been dropped. A civil case against the Minister of Law and Order[?] is pending. (LHR, Northern Transvaal) CASE NINETEEN Death in custody of Freddy Raphahlela 16-23 January 1994 Louis Trichardt SAPS Died between 16-23 January 1994 in Louis Trichardt. Police have maintained that Freddy committed suicide by hanging himself with his shirt, but a post mortem done on behalf of the family disputed this. His wife has claimed that she followed the police vehicle to the police station, and heard her husband screaming. (HRC) 293 NORTH WEST PROVINCE CASE TWENTY Death after interrogation of Philemon Xhelo 311 August 1992 Potchefstroom CID Arrested on 31 August 1992 on suspicion of theft by the CID in Potchefstroom. Xheko died allegedly while being interrogated. It is alleged that, amongst other things, he was given electric shocks. (HRC) CASE TWENTY ONE Death in police custody of George Madondo Delareyville SAPS He was arrested as a murder suspect and died in Delareyville allegedly while being interrogated. (HRC) CASE TWENTY TWO Death by unnatural causes of Malcolm Ford 14 January 1994 Potchefstroom SAPS The police initially claimed that the suspect who died in Potchefstroom on 14 January 1994, had died during an epileptic fit, but the deceased's mother said that her son was healthy and that there was no history of epilepsy in the family. The examining pathologist has confirmed that Ford died from unnatural causes. It has been suggested that electric shocks were used in the interrogation process. (HRC) 294 CASE TWENTY THREE .« Assault of Mr F Stilfontein 16 August 1994 STU Mr F was arrested on 16 August 1994 by members of the Stock Theft Unit, on charges of obstructing the police. He was allegedly assaulted while in police custody and sustained a perforated eardrum. (LHR, Western Transvaal) CASE TWENTY FOUR Shooting and paralysis of Mr L Stilfontein STU Mr L was shot by members of the Stock Theft Unit. He is now paralysed from the waist down. The attack was allegedly unprovoked. Mr L was subsequently charged with public violence, but charges were later withdrawn. (LHR, Western Transvaal) CASE TWENTY FIVE Torture of Mr G and Mr X 31 January 1995 Potchefstroom CIS On 31 January 1995, two suspects were arrested on suspicion of theft. They were taken to the Potchefstroom police station where they were interrogated by members of the CIS. Both individuals allege that they were tortured with electric shocks during this interrogation. Doctors have confirmed their version. (LHR, Western Transvaal) CASE TWENTY SIX Assault, detention & disappearance of Majestic Boiki Thlapi Majestic Boiki Thlapi of Ikageng, Potchefstroom disappeared in police custody seven years ago. On December 29 1993, LHR, the Board and members of the SAP accompanied the Thlapi family to an old disused mine shaft just outside Stilfontein. The disused shaft had been pointed out earlier by a former policeman who had detained Thlapi and several other activists in the Juberton Township, 295 Klerksdorp on March 20 1986. The policeman, George Mbathu has given LHR a sworn statement alleging that W/0 Viljoen, Sergeant Makiti and constables Tseladimitlwa, Tshaedi, Majaja and Mano were involved in the arrest of Thlapi and other activists. He also alleged that Thlapi was dead and that his body had been dumped down a mine shaft. One of the activists, George Mangojane, who was detained with Thlapi on March 20, said he last saw Thlapi lying on the floor bleeding from the mouth in the Stilfontein police station. He alleged in his statement that he saw Constable April Tshwaedi jump on Thiapi's chest. At the time of Thiapi's disappearance but at least two of the policemen mentioned by Mbathu have been charged with serious assault against other detainees at Welverdiend Police Station near Carletonville. W/0 Viljoen (now captain ) has been charged with at least three assaults which have included electric shock treatment. He is also under investigation for allegedly paying people to foment a taxi war in the Klerksdorp area. Constable Tshwaedi has been charged in the Oberholzer Court (Carletonville) for assaulting detainees held at the Welverdiend and Carletonville Police stations. An inquest into Boiki Thiapi's death is currently being held at the Klerksdorp Court. (IBI, LHR). CASE TWENTY SEVEN Torture of Mr T On December 7, 1993 Mr T was taken from his home in Soweto by police detectives, believed to be from Garankua. Mr T says that he was first driven to Alexandra township and then to a building in Odi, in former Bophuthatswana. This building did not resemble a police station in any way. Inside the building, Mr T was made to face the wall, was forced to undress, and a rubber "helmet" was put over his head covering his face. He was then led into a bathroom and forced to lie in an empty bath. His legs were tied to what he believes were the taps at one end of the bath. The bath then had water put into it and he was subjected to electric shocks on his penis, chest and toes. At one stage he says that he was forced under the water. Mr T was released on bail and laid a charge with the Kliptown Internal Investigation Unit. (Campus Law Clinic, Wits) 296 NORTHERN CAPE CASE TWENTY EIGHT Torture of Mr W, MrS.MrF, MrJ, Mr M and Mr B January and February 1993 Karoo Noupoort detective branch During January and February 1993, these six farmworkers were arrested on charges of stock theft." Confessions" were extracted by suspending the suspects in mid-air from a pole. All peatedly shocked until they "confessed". In Mr S and Mr Ws" case they confessed to stealing 8 more sheep than the farmer had reported missing. Mr B was kicked and suffocated by the "choke" method with a rubber car tyre's inner tube. The trial of Mr W & Mr F was halted. Dt Sgt Willem van Heerden was convicted by the Graaf-Reinet Regional Court of assault with intention to do grievous bodily harm, common assault and defeating the ends of justice. Van Heerden maintained that the Noupoort's detective branch commander was aware of these procedures and approved of them . When the farm workers laid charges, the Noupoort detective branch commander was instructed to investigate. His investigation yielded affidavits saying the complainants no longer wanted to pursue complaints of assault against Van Heerden. The prosecutor in the farmworker's trial at the Noupoort Magistrates Court was himself a policeman. (LHR, Karoo) 297 LIST OF ACRONYMS AG Attorney General ANC African National Congress APLA Azanian People's Liberation Army AWB Afrikaanse Weerstandsbeweging CIU Complaints Investigation Unit CIS Crime Intelligence Service CPF Community Police Forum COSATU Congress of South African Trade Unions DP Democratic Party DVOM Dutch Violence Observation Mission HRC Human Rights Committee of SA IBI Independent Board of Inquiry IFP jnkatha Freedom Party ITU investigation Task Unit ISU Internal Stability Unit KZP KwaZulu Police LHR Lawyers for Human Rights LRC Legal Resource Centre MK Umkhonto we Sizwe NADEL National Association of Democratic Lawyers NIM Network of Independent Monitors NP National Party PAC Pan African Congress PASO Pan African Students Organisation POPCRU Police and Prison Civil Rights Union PRO Police Reporting Officer RIOT UNIT See ISU SANDF South African National Defence Force SAP South African Police SAPS South African Police Service SANCO South African National Civic Organisation VLAC Vaal Legal Aid Centre UMAC Unrest Monitoring Action Committee 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. 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