THE COMMISSION OF INQUIRY REGARDING THE PREVENTION OF PUBLIC VIOLENCF AND INTIMIDATION In Re : BOIPATONG MASSACRE OF 17 JUNE 19 9 2 MEMORANDA SUBMITTED ON BEHALF OF ANC (PWV) , ANC (VAAL) AND VAAL COUNCIL OF CHURCHES Nicholls, Camhani*, Koopasammy & Pillay Attorneys al Law 23rd Floor Kine Contra 141 Commissioner Street Johannesburg 2001 P.O. Box 8694 Jchar,n»sbu'g 2000 Tel: 331-6913/10 331-6927/8/9/0 I H — TILE___C O M M I S S I O N ___QH___THE PREVENTION OF PUBLIC VIOLENCE RND IMTIMID&TIQN / / N^j/ IN RE : BOIPATONG MASSACRE / ' / / -------------------------------------------------------------------------------------------------------------------------------------------- ----------------------- k_________________________________ MEMORANDUM ON THE ONGOING VIOLENCE AND THE FAILURE BY THE SECURITY FORCES TO PREVENT THE VIOLENCE, PROTECT RESIDENTS AND BRING THE PERPETRATORS OF THE VIOLENCE TO JUSTICE 1. The massacre at Boipatong and Slovo Park on the night of 17 June 1992 is not an isolated incident, but is part of a pattern of violence which has been experienced in various parts of South Africa during the p a s t 2 y e a r s . 2. The pattern of violence is a matter of common knowledge I in South Africa and has been referred to in innumerable media reports dealing with particular incidents and accounts of violence, and is acknowledged by the Government, its security forces, and all political movements in South Africa. It was because of this pattern of violence that the Goldstone Commission was established. Various aspects of the violence have already been investigated by the Goldstone Commission and the nature and extent of the violence is known to members of the Commission from their own investigations. 3. Although press reports of events concerned with the violence may not always be accurate, and are often subj ect to disputes concerning the details of particular incidents and responsibility for them, these press reports provide convincing evidence of the nature and extent of the ongoing violence. In many instances allegations have been made and reported in the press (but denied by the security forces) that the security forces are either actively involved in the execution of the violence, or passively stood by and allowed it to h a p p e n . In this Memorandum 10 incidents have been chosen from a survey of press reports to illustrate a pattern of organised and premeditated attacks which occurred prior to the Boipatong Massacre, and which, in each instance resulted in multiple deaths, injuries and damage to property. Other incidents which occurred in the Vaal Triangle are referred to in the Memorandum dealing with the Vaal History. The description of the incidents has deliberately been kept brief, and certain disputed matters have been omitted. The descriptions provide sufficient information to identify the time, place and nature of the attack, as well as the allegations made concerning the groups responsible for the various a t t a c k s . - 3 - 5. The 10 incidents are as follows : - 5.1 ON THE 15TH AUGUST 1990, 24 people were killed in a pre-dawn attack at the Crossroads informal settlement in Katlehong. Residents reported that armed men arrived at the settlement and raided shacks, killing men and looting valuable items. (Ref : Sowetan 16/8/90; Citizen 16/8/90). 5 . 2 Q M ___T H E ___8 T H SEPTEMBER 1990. the Tladi informal settlement near Merafe Station in Soweto was attacked by a group of men during the night. It was reported that the group approached the settlement from the side of the railway line which borders the settlement and separates it from the nearby hostel. The attackers v'oreNred headbands and were armed with firearms and dangerous weapons, including pangas. Some deaths resulted from gunshot injuries, while others had been stabbed and hacked to death. Allegations were made that the attackers had numbered approximately 100, and were from the Inkatha controlled J - 4 - Meraf- Hostel. The official police reports stated chat 9 people died in this attack. (Ref : Press Reports : Citizen 10/9/90; Business Day 10/9/90; Sowetan 10/9/90). ON THE 12TH SEPTEMBER 1990, '25 workers were hacked to death at the Vusumuzi Hostel in Tembisa, during the early hours of the morning. They were attacked by a group of men who arrived at approximately OlhOO. Fifteen people were killed in the attack. (Ref : The Star 13/9/90; Business Day 13/9/90). QN THE 18TH NOVEMBER 1990 r 19 people were killed in an atack on the Zonkezizwe informal settlement on the East R a n d . Witnesses and victims of the attack allege that the uttackers were from the Kwesini Hostel in Katlehong. (Ref : Press Reports : Sunday Star 25/11/90; Sowetan 2 3 / 1 1 / 9 0 ) . - 5 - 5.5 ON THE 2CJH NOVEMBER 199Q, 11 people were killed ai.J 10 were injured at Mandela View informal settlement on the East Rand. The attack occurred at approximately 10:50p.m, when a group of approximately 150 men armed with pangas, knifes and firearms rampaged through the informal settlement. VN Prior to the attack, r<_ ~idents had received a tip off that an attack was imminent. (Ref : Citizen 28/11/90, Sowetan 28/11/90) . 5 . 6 ON THE 27TH MARCH 1991 f at approximately 4a.m approximately 20 armed men arrived at an all-night vigil in Alexandra for a violence victim, Mrs. Jane Ramakgola, and killed 15 people and injured 16. The <- assailants shot first with AK 47 rifles and then hacked people with pangas. Prior to the attack, the police had been asked to protect the house from attack during the vigil, and had given assurances that they would do so. 6 On the 4th Apiil 1991, Witwatersrand Police ^iason Officer, Col. Frans Malherbe, reported that 7 of the assailants had been arrested and would be charged. (Ref : Sowetan 5/4/91) Ultimately, five persons appeared in the Witwatersrand Supreme Court on the 14th October 1991, on charges of murder, attempted murder, house breaking, possession of firearms and ammunition. (Ref : City Press 14/10/91). On the 7th January 1992, one of the accused was acquitted. The case against the remaining four accused has been postponed to 10 August for judgement. (Ref : Citizen 17/1/92. ) 0 .8 i' ON THE 2STH APRIL 1991. 22 people were killed and several others were injured, when heavily armed Inkatha members, who had attended a funeral attacked residents at random after le_i\ing t h e Meadowlands Stadium, w h e r e services for Moses Khumalo were held. The men were carrying pangas, spears, axes, sharpened fence p o l e s , butcher knifes and guns. Prior to this event, the local civic association had approached the SAP to request protection and to request that they disarm the Inkatha members as they feared an attack by them. The SAP did not confis'-i.te a single weapon before, during or after the funeral and did nothing to prevent the Inkatha supporters rampaging through Soweto. No arrests were made in relation to this attack. (Ref : CASE report March 1992). Q N T S E ___1 2 T H M A Y ___1991, 27 people were killed and at least 3 0 injured and 112 shacks were burnt to the ground in a dawn attack by about 1 000 men at the informal settlement known as Swanieville, near Kagiso. Allegations were made that the attack lasted for about 2 hours and that the attackers all wore red headbands.^ The police are reported to have claimed that the reason - 8 - why they did not respond immediately to the attack was that the local riot squad members were changing shifts j-jgtween 5 1 15 and 5:30 am and that the first warning of violence was issued to them at 6 : 3 0 a . m . Almost 24 hours passed before the hostel was searched for weapons. (Ref : Document compiled by LHR, IBIIR and CALS). Maj. Ray Harrold of the South African Police is reported to have said : "to prevent the group of Zulus moving through Kagiso and thereby causing further possible incidents, the police escorted the group of Zulus via a detour back to the hostels. Meanwhile, it was found that 27 people had been killed and that 82 squatter huts had been burned at the squatter camp". (Ref : Citizen 13/5/91). Law and Order spokesman, Brig. Leon Mellet, when asked how the Swanieville Massacre could occur in a declared unrest area stated "We cannot stop the violence. We ) - 9 - cannot stop the killings. We can only control it". He further stated thct Swanieville and neighbouring Kagiso had been declared unrest areas after information was received that people were preparing for a "big fight". (Ref : Business Day 13/5/91). On the 9th February 1992, 12 men appeared in court on 29 counts of murder and were granted bail of R500,00 e a c h . (Ref : City Press 9/2/92). 5 . 1 0 O N the 13TH october 1991r 10 people were killed and 4 injured, when about 2 0 gunmen entered the Twelepele Bar Lounge and opened fire with AK 47's. The gunmen then •also opened fire on people in the street outside the tavern. Witnesses to the attack reported that the attack lasted about 45 minutes and after the attack the gunmen disappeared in 2 minibuses. SAP spokemen Lt. Col. Tienie Halgryn, sai- that the police had information that the killers had come from Merafe Hostel. (Ref : Sunday Times 14/10/91). Leaving aside the disputed allegations concerning police participation in the violence, or their standing by and allowing it to happen, there is overwhelming evidence that the security forces have, over a long period, persistently failed to protect communities in Black residential areas against violence, and in most instances, have failed to bring the perpetrators of the violence to justice.