Independent Board of Inquiry POBox 32293 Broomfontein 201 7 Johonnesburg South Africo Phone (all ) 403 - 3256/7 Fox (all ) 403 - 1366 .') -- Report fo May - Augu st 1994 • .".) Report for MIIy-AuifUst i9J IBI Copyright otice Members of the public are free to reprint or report information, either in whole or in part, contained in this publication on the strict understanding that the Independent Board of Inquiry is acknowledged. Otherwise, no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electrical, mechanical, photocopy, recording or otherwise, without prior permission of the publisher. • BOARD MEMBERS: Dr Alex Boraine, Rev Frank Chi kane, Mr Brian Currin, Reverend Mvume Dandala, Prof John Dugard, Ms Sheena Duncan, Mr Peter Kerchhoff, Mr Norman Manoim, Ms Emma Mashinini, Br Jude Pieterse, Archbishop Desmond Tutu • IBI Report for AlnrAugust i9J TABLE OF CONTENTS INTRODUCTION: 1 1. STATE INSTITUTIONS: 3 1.1 South African Police Se rvice (SAPS) 3 1.1.1 Vusi Phiri "C 4 1.1.2 Eugene de Kock 4 1.2 Prisons 6 2. RIGHT WING 7 . - • 2. t Freedom Front 8 2.2 Afrikaner Weel'"S tandsbeweging (A WB) 9 2.3 Ri ght-wing trials 10 3. THE GOLDSTONE COMMISSION 11 3. 1 Escom Arms Deal 12 3.2 Third Force activities \3 4. TRUTH COMMISSION 14 5. ATTACKS ON INDIVIDUALS 15 • 5.1 W alter Sisulu 16 .2 Wilson Xolo 17 5.3 Oswald OIadla 17 5.4 Mathew Goniwe, Fort Calata. Sparrow Mkonto and Sicelo Mhlauli 17 5.5 Anton Lubowski 18 7. NATAL 20 7.1 Creighton Massacre 22 Report for MarA ugus/'9.J lBl 7.2 Trusl Feeds Massacre 23 8. OTHER 23 8.1 Johannesburg Massacre 23 8.2 ANC PW V Lancet House "Prison" 25 8.3 Torture at Johannesbu rg Police Stations 25 8.3.1 Newlands ... 25 8.3.2 Brixton 26 9. REEF VIOLENCE 27 9.1 East Rand 28 9.1. 1 Thokoza ... _ 28 9.1.1 3 Self- Defence Uni lS (SOU,) 31 • 9. 1.1 .b The attack of Friday June 24: 31 9. I.I .C The atuck of Saturday July2 1994: 32 9.t.l.d Assault by members of the SAN OF 32 9.1. 2 Kallehong 34 9. l. 3 Vosloorus 36 9.2.1 Torture in the Vaal Triangle 41 9.2 .2 Boipatong Massac re 46 10. TRAIN VIOLENCE 47 11 . TAXI VIOLENCE 49 • 12. CONCLUSION 50 " IBI Report for A1.1)'-A ugust /94 INTRODUcnON: At a time when police community forums are being established throughout the country the activities of SAPS special units such as Murder and Robbery Units, Internal Stability Units, Vehicle Theft Units etc. continue undermine the new Goverrunent's polici ng programme designed to ~eate a more accountable police force. In recent months the activities of units such as the Murder and Robbery and Riot and Violent crime Units have come under the spotlight . These specialised units have their own command structure and therefore fall outside the ambit of local station commanders. • Despite rulings that units repoft fo a local station commander upon entering and leaving an area, there is no control over their activities by the local police structures. Over the last three months there have been numerous of allegations of torture and assault as well as allegations of extra-judicial executions levelled at these units. Currently an investigation with civilian input is underway into the activities of the Vanderbijlpark Murder and Robbery Unit. To date the special investigation team has received over 100 complaints from people who have allegedly been tortured and/ or assaulted by special units in the Vaal Triangle. The Johannesburg based Brixton Murder and Robbery Unit has also come under the • spotlight with the dealh in July of Mzoli Mlamla. Mlamla a resident of Phola Park was arrested on July 3 and was meant to appear in the Johannesburg Magistrates Court on July 16. However when he failed to appear his family were informed that he had been killed while being taken out on investigation to Alexandra township on July 15. Police claim that while Mlamla was taking them to point out a suspect their vehicle came under attack and Mlamla was killed in the ensuing gun battle. MlamJa was in leg irons at the time of the alleged shooting and ensuing accident. Two policemen Warrant officer Diedericks and Eksteen were allegedly injured. It was further alleged that the car in which they were travelling crashed and burnt. However, a spokesperson for the police in Alexandra said that he had no knowledge of any attack on a police car in Alexandra on the night in Report for May-A ugust '9./ IBI question. Secondly, a Safety and Security Committee which has been set up in Alexandra by residents and the SAPS has no record of the alleged attack. The Board was told that the committee was informed of all attacks on policemen in the area as attacks on policemen was a primary focus of the committee. Constable Thapelo Richard Mofokeng, Mlamla's co-accused in a murder trial said in his bail application that he feared for his life as the investigating officer had informed him that if he did not co-operate he would end up like Mlamla. The Benoni Murder and Robbery Unit has been accused of involvement in an extra­ judicial execution in Vosloorus on August 24. Eighteen year old Sibusiso Mbethe was shot dead after police surrounded a house he was hiding in. According to eyewitnesses • Mbethe was not given the opportunity to surrender but was shot several times. Witnesses also claim that the wounded Mbethe was kicked by members of the unit and that when an ambulance arrived to tend to Mbethe (almost an hour and a half later) members of the unit refused to allow Mbethe to be treated and he died on the scene. The Vosloorus SAPS are currently investigating the matter and the Board is assisting with location of witnesses. The death of Mbethe is related to tension between self-defence units and alleged criminals in the area. (See section on East Rand) In early September members of the Boksburg Firearms unit arrived at house in Nkaki Street, Thokoza and kicked in the door. On entering the room they told the owners wife Mrs Dlamini to leave. When she left, her husband Carlton Dlamini's hands and feet were • tied behind his back and rubber tube was removed from a small brown metal box and placed over his mouth and nose and pulled tight so that he could not breathe. This was repeated three times. He was told that he was a "Commander" and that he should know where the guns were. The unit was then taken to two other houses where they found three AK47s and arrested two suspects. The suspects were both released the following day. IBI has been unable to determine whether a docket has been opened in this case. 2 lBl Report for MnrAugust 19.1 It is evident that in many criminal cases some form of torture and/or assault is used to extract information and confessions. Methods include electric shocks.. tubing and common assault. This perversion of standard police investigation procedures will inevitably have consequences detrimental to the course of justice. South Africa's new constitution outlaws the use of torture and if proven the courts have no option but to rule inadmissible information and/or confessions extracted in this manner. Having utilised such methods on a regular l:ijsis for a number of years without sanction it is imperative that such units are monitored closely to avert continued human rights abuses. • 1. STATE INSmvnONS: . - 1.1 South African Police Service (SAPS) A police task force has been appointed to investigate the alarming increase in the number policemen and women killed this year. As of the end of August at least 180 policemen and women have been killed. According to psychologist Lloyd Vogelman, director of the Centre for the Study of Violence and Reconciliation the killing of police personnel must be seen "in terms of a continuity of violence that has existed for along time. He says it is merely getting more attention now because the number of incidents have increased. Vogelman said the attacks were continuing because some people still believed that they were engaging in a political act because of the antagonism towards them in the past. • However, Vogelman says that the most important factor is a break down in law enforcement. As a result police attackers and for that matter attackers in general are confident of escaping the consequences of their actions. On a more positive note the SAPS announced in July that they would be upgrading cells in the Witwatersrand to International Committee of the Red Cross (JCRC) standards. The SAPS said it had received complaints over the years from the JCRC about cell conditions but had been unable to rectify conditions because of budgetary constraints. It is expected that the upgrading of cells will be completed in 18 months' time. 3 Report lor May -August '9-1 lEI 1.1.1 Vusi Phiri A Marianhill resident, Vusi Phid who was doused with petrol and set alight by two South African Police members in January 1992 (See Board report February 1992) received R170 000 in damages in an out of court settlement in early August. Phiri, who was abducted from his shack by two SAP sergeants before being set alight, had originally claimed RSOO 000 damages. A large part of his claim was based on his suffering from post-traumatic stress syndrome since the incident, which causes him to have sleepless nights and bad dreams and to suffer from a lack of concentration.