Deaths in Detention in South Africa

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Deaths in Detention in South Africa

Alternative title Notes and Documents - United Nations Centre AgainstApartheidNo. 29/77

Author/Creator United Nations Centre against Apartheid; Lawyers'Committee for Civil Rights Under Law

Publisher United Nations, New York

Date 1977-12-00

Resource type Reports

Language English

Subject

Coverage (spatial) United States, South Africa

Coverage (temporal) 1963 - 1977

Source Northwestern University Libraries

Description This report, prepared by the Southern Africa Project of theLawyers' Committee for Civil Rights under Law, focusses onthe plight of political detainees in South Africa, thecircumstances surrounding the deaths of 41 politicaldetainees from September 1963 to September 1977 and theneed to establish some form of international judicial inquiryinto such deaths.

Format extent(length/size)

34 page(s)

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NOTES AND DOCUMENTS*

NOTES AND DOCUMENTS*December 1977DEATHS IN DETENTION IN SOUTH AFRICA *byThe Lawyers' Committee for Civil Rights under LawWashington, D.C.** This report, prepared by the Southern Africa Project of the Lawyers'Committee for Civil Rights under Law, focusses on the plight of politicaldetainees in South Africa, the circumstances surrounding the deaths of 41.political detainees from September 1965 to September 1977 and the need toestablish some form of international judicial inquiry into such deaths.* All material in these notes and documents may be freely reprinted.Acknowledgement, together with a copy of the publication containing the reprint,would be appreciated. 77-28557

C 0 N T E N T SPageIntroduction . . ....................... iDetails of individual deaths in chronological order ..... 2Some characteristics of the de Ihs ............. . . 21Summary of the relevent security legislation ........ 221. Terrorism Act No. 83 of 1967 ... ........... .......222. Criminal Procedure Amendment Act No. 96 of 1965 . . . 233. General Law Amendment Act No. 37 of 1963 ...... 234. Transkei Proclamations R400 and R413 of 1960 . . .. 245. General Law Amendment Act No. 62 of 1966 ....... .246. Riotous Assemblies Act of 1914 as amended ....... . 24Relevant statements by the Minister of Police ........ .251. Press Conference of 23 February 1977 ........ 252. Commission of inquiry ................... .. 293. Reply to question in Parliament on 22 February 1977 . . 31(a) Deaths in 1976 under the Terrorism Act ..... 31(b) Deaths in 1976 under Section 22 of the GeneralLaws Amendment Act No. 62 of 1966 . .......... 31Other statements .. 0 . . . . . ............ .. 32

IntroductionThis report concerns itself with the deaths of 41 political detainees who died inSouth Africa from September 1963 to September 1977. The Lawyers'Committee

for Civil Rights Under Law is particularly alarmed at all deaths in detention butwe are extremely concerned over the quantum leap in the number of dead sinceJanuary 1976 and the unusual circumstances under which many have died. Due tothe fact that a political detainee is held generally for his opposition to theGovernment in power, the utmost scrutiny must be paid to his death while in thehands of the Government. In South Africa, where several of the laws provide forindefinite incommunicado detention or indefinite preventive detention, theGovernment claims that the cause of such deaths is "departmentally satisfactorywhatever the inquest shows;" this does little to alleviate the fear that manyof thedeaths are caused by police brutality.In compiling this report, reliance on secondary-sourcematerial was inevitable. Sources were cross-checked wh tev2r possible Much ofthe data that is missing in this report results in partfrom the refusal of the South African Government to release pertinent factssurrounding the death of a detainee. The Terrorism Act, for instance, specificallystates that no person shall beentitled to information concerning a detainee except the Minister of Justice or anofficer of the State acting in his official capacity.For all of its deficiencies, it is nonetheless felt that this report willbe useful inassessing the plight of political detainees in South African jails andthecircumstances surrounding the deaths of the 41 who have died thus far and indrawing attention to the necessity of establishing some form of internationaljudicial inquiry into such deaths.

-2-Details of individual deaths in chronological order1. Detainee: MAMPE, Bellington Age:Date of Death: September 1963Official Cause of Death: Act detained under:Length of Detention: 140 daysWhere detained:Notes:2. Detainee: NGUDLE, Looksmart SolwandleAge:Date of Death: 5 September 1963Official Cause of Death: Suicide by hangingAct detained under: 90 - Day clause; General LawAmendment Act, No. 37 of 1963 Section 17Length of Detention:Where detained: PretoriaNotes: Police stated that Mr. Ngudle hung himself with thecord of his pajama trousers. He was buried withoutany member of his family being present and whenlawyers sought an urgent inquest it was continuallypostponed. Lawyers wishing to produce evidence in

court that Mr. Ngudle died as a result of torture were prevented from doing so. On25 October 1963, Mr. Ngudle was banned posthumously thus making itil'gal to publish any statement made by him duringhis life. Witnesses willing to testify concerningMr. Ngudle's torture were also banned. Counsel representing Mr. Ngudlewithdrew from the case in protest. New counsel sought to call witnesses thatwould testify that they had received electrical shock and that Mr. Ngudle hadsuffered the sametreatment as well. The Magistrate ruled that such evidence was irrelevant andrefused to permit thewitnesses to appear. Second counsel withdrew fromthe case. A Pretoria Magistrate gave evidence that hehad visited Mr. Ngudle who complained of being assaultedand of having couhed up blood. The Magistrate hadreported the complaint to the police. The followingmorning the Magistrate heard of Mr. NgudleTs death.The finding of the court was that Mr. Ngudle hadhanged himself and that death was not the result ofany act or omission amounting to an offense on thepart of any person.

3. Detainee:Date of Death:Official Cause of Death:Act detained under:Length of Detention:4here detained:TYITA, James Age:27 January 1964 Suicide by hanging 90-day clause, General Law AmendmentAct, No. 37 of 1963, Section 17Port Elizabeth.Notes:4. Detainee:Date of Death:Official Cause of Death:Act detained under:Length of Detention:Where detained:SALOOJEE, Suliman Age:9 September 1964Fell seven floors during interrogation 90-day clause: General Law AmendmentAct, No. 37 of 1963, Section 17Johannesburg.Notes: Multiple injuries; Magistrate ruled no irregularities inMr. Saloojee's death.5, Detainee:

Date of Death:Official cause of death:Act detained under: Length of detention:Where detained:HOYE, Pongoloshe Age:9 May 1965 Natural causes Transkei Proc. R. 400 of 1960 24 hours Transkei.Notes:6. Detainee:Date of Death:Official cause of death:Act detained under: Length of Detention:Where detained:GAGA, Negeni Age:5 July 1965 Natural causes Transkei Proc. R.400 of 1960 24 hours Transkei.VTotes:

-4-7. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:HAMAKWAYO, James Age:1966Suicide by hanging 180-day clause, Criminal Procedure Amendment Act, No. 96of 1965 Detained 26 August 1966 Pretoria.Notes:8. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Vhere detained:SHONYEKA, Hangula Age:9 October 1966 Suicide180-day clause, Criminal Procedure Amendment Act No. 96 of 1965Pretoria.I!otes: In 1967, the Minister of Justice stated that a detaineehad died but did not state the name of the individual.In 1970, the Minister of Police gave Mr. Shonyeka'sname as that of the detainee who died in 1966.9. Detp,4nee:Date of Death:Official cause of death:Act detained under:

Length of Detention:Where detained:PIN, Leong Y. Age:19 November 1966 Suicide by hanging 180-day clause, Criminal ProcedureAmendment Act, No. 96 of 1965 24 hoursLeeuwkop Prison, Pretoria.Notes:1O.Detainee:Date of Death:Official cause of death:Act detained under:Length of Detention:Where detained:YAN, Ah Age:5 January 1967Suicide by hanging 180-day clause, Criminal ProcedureAmendment Act, No. 96 of 1965 37 daysSilverton Police Station, Pretoria.Notes:

-5-11. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MADIBA, Alpheus9 September 1967Age: -Notes:12. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:TUBAKWE, J.B. Age:11 September 1968 Suicide by hanging Terrorism Act No. 83 of 196724 hoursPretoria.Notes:13. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:

Where detained:UnknownAge: -Notes: In answer to a question regarding the number of peoplewho had died in detention, the Minister of Police stated in Parliament on 28January 1969 that "anunknown man died on an unknown date of a cause unknown."14. Detainee:Date of Death:Official cause of death:Act detained under: Length of Detention:Where detained:KGOATHE, Nicodimus Age:4 February 1969 Slipped in shower Terrorism Act No. 83 of 1967 85 daysSilverton Police Station; deathoccurred at M.F. Verwoerd Hospital,Pretoria.Notes: At the inquest, the district surgeon indicated that theinjuries that Mr. Kgoathe -.suffered were the results ofassault. He testified that he examined Mr. Kgoathe beforehis death and found marks on his body which could have beencaused by a rawhide whip and wounds which could have come from anassaultwith the buckle of a belt. The doctor who arrangedfor his-being admitted to the hospital told the inquest courtthat Mr. Kgoathe was suffering from the after-effects of aconcussion. Mr. Kgoathe had stated that he had fallen in the

-6-shower but later claimed to have been assaulted. A Sargeant of the SilvertonPolice Station testified that Mr. Kgoathe had complained of body painsand hadsaid that he had been assaulted. Two members of the security policestated thatduring his interrogation Hr. Kgoathe hadi been allowed to take a shower and hadfallen in the shower room. The Magistrate found that on the evidencebefore himhe was unable to record a finding as per Inquest Act ITO. 58 of 1959, to the effectthat Mr. Kgoathe's death was the result of any act or omission on thepart ofanyone. Mr. Kgoathe's widow sued the Prime Minister and the Minister of Justicefor damages of R9000. The outcome of that suit is unknown.15. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MODIPANE, Solomon Age:28 February 1969 Natural causes - slipped on soap Terrorism ActNo. 83 of 19673 days

Silverton Police Station; deathoccurred at H.F. Verwoerd Hospital,Pretoria.Notes: District surgeon unable to determine cause of death.He stated that Mr. Modipane had received certain injuries when heslipped on apiece of soar, but that this was notnecessarily the cause of death. On 23 May 1969,, a Magistrate endorsed the postmortem report that death was due to naturalcauses and found that no inquest was necessary.16. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:LENKOE, James Age:10 March 1969 Suicide by hanging Terrorism Act No. 83 of 1967;180-day clause, CriminalProcedure Amendment Act No. 96of 19654 daysPretoria.Notes: Prison surgeon conducted post mortepm; found that death wasdue to hanging. At request of Mr. Lenkoe's widow, second post mortem was held.It was stated that Mr. Lenkoe hunghimself with his belt. Mrs. Lenkoe stated that the only belt that Mr. Lenkoepossessed had been left at home. In lay 1969post mortem report indicated that findings were consistent with deathby hangingand electrical shock. Mrs. Lenkoe'scounsel told court that there was medical evidence thatproved beyond a reasonable doubt that Mr. Lenkoe had beengiven an electrical shock on the day he died. Three leading

-7-pathologists, including one from the United States testified that there was a markon Mvr. Lenkoe's toe that was consistent with a very recent electricburn. TheMagistrate refused to allow certain political prisonrrs to testify thatthe securitypolice used electric shock as one of their methods of interrogation. The Magistratefound no satisfactory proof that Mr. Lenkoe did as a result of electrical shock andthat no blame could be attached to any person. Following the inquest, Mrs.Lenkoe instituted a civil action against the Prime Minister, the Minister ofPoliceand a Police Major for damages. The outcome of the action is unknown.17. Detainee:Jate of Death:Official cause of death:Act detained under:

Length of detention:8Where detained:MAYEKISO, Caleb Age:1 June 1969 Natural causes Terrorism Act No.83 of 1967 18 daysPort ElizabethNotes: Detained immediately on release from Robben Island.18. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:SHIVUTE, Michael 16 June 1969 Suicide24 hoursAge:-Notes:19. Detainee:Date of Death:Official cause of death:Act detained under:Length of Detention:Where detained:MONNAKGOTLA, Jacob (Mark) Age:10 September 1969 ThrombosisTerrorism Act No. 83 of 1967Pretoria.Notes: Died the night before his trial was to have begun.20. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:HARON, Iman Abdullah Age: 4527 September 1969 Fell down stairs Terrorism Act No. 83 of 1967 124daysMaitland Police Station, Capetown.

-8-Notes: Mr. Haron was the former editor of the Muslim News.The post-mortem report revealed that there were 28bruises of different ages all over Mr. Haronrs body.In addition, Mr. Haron suffered a broken rib and ahaemotoma on his back. At inquest the Magistratewas unable to determine how the balance of injurieswere sustained; stated that Mr. Haron died of heart trouble partly brought on byinjuries. The judgement

of the inquest itself was not handed down until five and one-half months after Mr.Haron's death. Major questions concerning Mr. Haron's death were raised by Ms.CatherineTaylor, M.P., in the Assembly on 18 September 1970. On1 May 1971, it was disclosed in Parliament that the State hadpaid Ms. Haron R5,000. On 9 June 1971, Ms. Taylor attackedthe Government for evading court cases by making ex gratia paymentsin cases where people detained without trial had diedor been injured. According to Ms. Taylor, "By this meanspublicity is avoided, the police are not called upon to giveevidence, and the country is forced into silence and acceptanceas a result."21. Detainee: CUTHSELA, Mthayeni Age:Date of Death: 21 January 1971Official cause of death: Natural causesAct detained under: Transkei Proc. R.400 of 1960;Terrorism Act No. 83 of 1967Length of detention: 40 daysWhere detained: Pondoland; leath occurred at Umtatahospital.Notes: A post mortem held immediately after his death hadindicated that he died from natural causes. The districtsurgeon and another doctor certified that death was froma brain haemorrhage attributable to arteriosclerosis.Mr. Cuthsela's face was swollen, with a cut on his headand bruises and weals over his body. In an affidavit beforeMr. Justice Harcourt in the Maritzburg Supreme Court, itwas stated by a Mr. Mbele that Mr. Cuthsela had been subject to torture for a longperiod of time. Mr. Mbele stated thatMr. Cuthsela had said that "the police had constantly assaultedhim. He said his body had taken more than he could stand."Mr. Mbele said that Mr. Cuthsela asked to be shot because ofthe torture. Mr. Cuthsela's son was taken to the hospitalwhen he found that his fatherTs body was already in a closed,nailed coffin. On 18 November 1971, the Rand Daily Mail reportedthat the inquest date was scheduled for 14 December 1971 andthat Mr. Cuthsela's body would not be exhumed.

-9-22. Detainee:Death of Death:Official cause of death:Act detained under: Length of detention:Where detained:TIMOL, Ahmed Age:27 October 1971 Fell from 10th floor window Terrorism Act No. 83 of 1967

John Vorster Square Police Station, Johannesburg.Notes:23. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MDLULI, Joseph 19 March 1976Age: 50Terrorism Act No. 83 of 1967 (According to police statement, detainedunder theCriminal Procedure Act.)l/ Within 24 hcurs DurbanNotes: The death of Mr. Mdluli marked the first time thatmembers of the security police were charged with thedeath of a detainee. On 11 June 1976, nearly threemonths after Mr. Mdluli's death, the Minister of Justicedisclosed in Parliament that there would be no inquest into the cause of Mr.Mdluli's death as the Attorney-General ofNatal had decided to press charges against four policeofficers on grounds of culpable homicide. The four wereacquitted in the Natal Supreme Court. None of the Officersgave evidence in person and therefore could not be crossexamined.Theprosecution described to the court the policeofficers' version of what happened. According to tre prosecution,Mr. Mdluli was being interrogated by the four officers and let slip the name of ataxi driver. Upset, he attempted to escapethrough a window. A fierce struggle ensued in which all of theaccused took part in an effort to restrain Mr. I-dluli. Afew hours later, on the afternoon of the day after Mr. Mdluli's arrest, interrogationwas resumed and continued till 8:30 p.m.,when Mr. Mdluli stood up, holding his head and compr .ining ofdizziness, staggered and fell, hitting the back of a chair with his neck or chest. Hedied an hour later. The evidence of thethree main prosecution witnesses, all forensic experts, conflictedwith this account. Government doctor B. J. van Straaten told the court that whenhe saw the body shortly after midnight atsecurity police headquarters rigor mortis had fully set in. Hecould have been dead for up to 12 hours, a much longer periodthan that suggested by the police officers. Nonetheless,i/ Daily Dispatch, 24. February 1977

- 10 -Dr. van Straaten did not take the body termperature as "there was the cream ofpolice society telling me that this man had collapsed in their presence." Nomention was made to Dr. van Straaten that Mr. Idluli had fallen ontoa chairwhile collapsing. The post mortem revealed that Hr. Mdluli's numerous injuries

could not have happened as alleged. He had abrasions over both cheeks, leftelbow, right upper thigh, both shins, ankles and right foot. In addition, there wasextensive deep bruising of the scalp and abdominal muscles. Three of his ribswere fractured and there was deep bruising and haemorrhage over the left lowerrib cage. His brain was extremely congested with small haemorrhages and thefluid inside the brain was extremely congested with small haemorrhages and thefluid inside the brain was bloodstained. His Adam's apple was fractured and therewas extensive bruising to the neck which could only have been caused by force.The lungs were blood-congested and waterlogged. The inburies were of such adiffuse nature that it was unlikely that they could have been caused by a singlefall, Dr. van Straaten said. He determined that 11r. lidluli must have diedimmediately or very shortly after the injuries occurred to his neck. Thesecondexpert, Professor I. Cordon of Natal University, Chief Government pathologist inDurban, like Dr. van Straaten, expressed strong doubts that the injuries could havebeen caused by a fall. He thought that a blow to the neck could have occurred, andin consultation with Dr. Van Straaten changed the description of thecause ofdeath from strangulation to "the application of force to the neck." ProfessorShapior's evidence was to a similar effect. Acquitting the accused,Mr. JusticeJames, Judge President of Natal, ruled that the case against the policemen was notproved. The medical evidence showed that 1/1r. Mdluli died probably around 9p.m., almost immediately after receiving neck injuries. The Judge said: "If he haddied of these injuries in the morning after a scuffle with the four accused, all thepolicemen in the building would have had to enter an elaborate conspiracy toconceal his death till that evening. I consider the probabilities overwhelming thatthe accused did not give Mdluli the fatal injuries to his neck that morning. As thiswas the only occasion on which it is alleged that they assaulted Mdluli it followsthat they were not responsible for his death." Te police version of what happened,he ruled, did not satisfactorily explain hr. Mdululi's injuries; the story of the fallover a chair was open to "very considerable doubts," and further investigation wa-required to establish how Mr. 14dluli met his death. "This important mattershould not be left in its highly unsatisfactory condition," he added.On 23 March1977, the Attorney-General of Natal said that evidence concerning Mr. MdluliTsdeath that had emerged in the trial was being closely scrutinized. He indicated,according to press reports, that the death was being thoroughly investigated as aresult of the suggestion made by Mr. Justice James in the culpable hoinici, e casethat further investigations were warranted. It was later reported that the

- 11 -Attorney-General had announced that no further action would betaken in connection with Mr. Mdluli's death. He saida full investigation had been carried out and he had come to the conclusion that nofurther prosecution were necessary. "I haveto prove beyound a reasonable doubt that a particular personor persons caused his death and I have found that I do not even havea prima faciecase," he said. Mrs. Mdluli later brought awrongful death action against the Minister of Justice and

the Commissioner of Police claiming damages of R125,000. Her attorney, inpursuing her interest in the matter, was detainedon 24 March 1976 under the Terrorism Act and released 103days later without charges ever being brought against him andwithout his ever being asked to make any statement.24. Detainee: MOHAPI, Mapetla Age: 29Date of Death: 5 August 1976Official cause of death: Suicide by hangingAct detained under: Terrorism Act No. 83 of 1967Length of detention: 22 daysWhere detained: Kei Road Jail, East London.Notes: Mr. Mohapi, a former official of the South African StudentsOrganization (SASO) and the Black Peoples' Convention (BPC),was found hanging from his cell bars. According to policeaccounts, Mr. Mohapi hung himself with a pair of denim jeans.A suicide note was purportedly left,addressed to the Captain of the East LondonSpecial Branch. Ms. Mohapi gave evidence that the note was not in her husband'shandwriting. A policehandwriting expert said that there was no doubt that therote was written by Mr. Mohapi. A post-mortem was conducted in the presence oftwo doctors representing Ms. Mohapi. TheState concluded that death was as a result of broad-basedforce applied to the base of the neck. Subsequently, both doctors for Ms. Mohapiwere detained by the security police.At the inquest, testimony was given by a Ms. Mtintso who statedthat during her detention a police off L'er had taken a wet toweland wrapped it around her head so that she could not breathe.She testified that the Police Officer said: "Now you see how Mapetladied." Ms. Mtintso was a reporter for the Daily DispatchNewspaper.

- 12 -25. Detainee:Date of Death:Official cause of death:Act detained under:Length of Detention:Where detained:MAZWEME, Luke Age: 322 September 1976 Suicide by hanging General Law Amendment Act.,No. 62of 1966; Section 222 hoursCap etown.Notes: Mr. Mazwembe purportedly hung himself with a noose formedfrom strips of blankets cut with a razor blade and tied

with twine. At the inquest, State pathologists stated that death could not beattributed to anytliig else other thanhanging, but he could not rule out the possibility that Mr. Maz*embehad beenkilled and then hanged to fake asuicide. The post-mortem had revealed death by strangulation.The body had a bruise on the right cheek bone and severalabrasions on the back and one leg. Questions left unanswerd werehow Mr. Mazwembe obtained the razor blade, how he had enoughundetected time during the two hours he was detained tofashion the noose, and why if he had a razor blade and wasintent on killing himself he did not slash his wrist or throat?No investigation was conducted by the Police.26. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Ilhere detained:MBATHA, Dumisani Age: 1626 September 1976 Natural causes Terrorism Act No.83 of 19679 daysModder B. Prison, Johannesburg Death occurred: Far East RandHospitalNotes: Mr. Mbatha was arrested in Johannesburg during theSoweto Students' demonstration on 16 September 1976.On 23 September, he was transferred to Modder Prison.Two days later he complained of not feeling well and was takento the hospital where he died. According to the post-mortemreport, Mr. Mbatha died of natural causes which weredescribed as "extremely sympathetic system activity withauricular fibrillation of heart." Mr. 1batha was deadby the time his parents learned of his detention.

- 13 -27. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MAMASILA, Ernest Age: 3418 November 1976 Suicide by hanging Terrorism Act No.83 of 19672 daysBalfour Police Station, Natal.Notes: Mr. Mamasila was reported to have been on vacation inCapetown when he was informed that he was being soughtby the police. He reported to the police and was

arrested on 16 November, according to the statement released~by the Minister ofJustice. On the morningof 18 November 1976, Mr. Mamasila was found hangingfrom strips torn from a cell blanket. He had not beeninterrogated and had received no visits.28. Detainee:Date of Death:Official cause of death:Act detained under: Length of detention:Where detained:Notes: Mr. Mosala is reportedfrom a gastric ulcer.in Johannesburg.29. Detainee:Date of Death:Official cause of death:Act detained under: Length of detention:Where detained:MOSALA, Thalo Age:26 November 1976 Natural causes Transkei Proc. ROO of 1960 95 daysButterworth Prison, Transkei.to have died of interral bleeding His brother is also under detentionTSHAZIBANE, ellington Mlungisi Age: 30 11 December 1976 Suicide byhanging Terrorism Act No. 83 of 1967 Within 24 hours John Vorster Square,Johannesburg.Notes: According to police accounts, Mr. Tshazibane was detained on10 December 1976 following an explosion at the Carlton Centrein Johannesburg. While being interrogated on the day of hisdetention, he allegedly stated he wanted to make a writtenconfession. He was purportedly given paper and returned to hiscell. At 6 a.m. the following morning he was found hangingfrom a noose made from strips of his blanket. With him was astatement in which he cleared the police of all blame andadmitted suicide. Mr. Tshazibane was reported to have been abrilliant student and has held an honors degree in designengineering from Oxford University.

- 14 -30. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:BOTHA, George Age: 3015 December 1976 Jumped to death General Law Amendment Act, No.62

of 1966, Section 225 daysSecurity Police Offices, SanlamBuilding, Port Elizabeth.Notes: According to police reports, Mr. Botha, a Colouredteacher, was detained on suspicions of having close links with the AfricanNational Congress (ANC). As he was stepping out of the elevator, hereportedlybroke loose from the security policemen on either side of him and jumped overthe bannister. The Minister of Justice stated that one police officer wasable tograbMr. Botha before he fell, but realizing the danger tohimself, he let go. Mr. Botha fell six stories to his death.31. Detainee:Date of Death:Official cause of death:Act detained under: Length of detention:Where detained:NTSHUNTSHA, Nanoath Dr. Age: 438 January 1977 (Detained in December 1976) Suicide by hanging Terrorism ActNo. 83 of 1967 25 daysLeslie.Notes: Dr. Ntshuntsha is reported to have torn his vest intostrips and hung himself. On 27 January it was reportedthat Dr. Jonathan Gluckman, commissioned by the Ntshuntshafamily to represent its interests at the post-mortem, hadrefused to perform the por:t-mortem when he found that majorincisions had already been made in the body. The body ofDr. Ntshuntsha had a major incision from the throat to the groin,and another from ear to ear across the top of the skull.Dr. Cluckman gave as his reasons forrefusing to perform theautopsy the fact that any interference of such a nature might wellhave alteredappearances in the region of the incision, the fact that the top of the main incisionwas as to make impossible the special dissection of the neckwhich is mandatory in cases of this nature and the fact thathe was in no position to know the exact nature of the incision,riot having been present. "Any conclusions I might have drawnwould have been based on features which may have been masked andwouldtherefore be unreliable," he said. It was laterrevealed that the incisions had been made by a police constableacting on the instructions of the district surgeon of Leslie.Goverr-rt regulations specify that incisions may only becarried out by a medical officer or by an assistant under thedirect supervision of a medical officer. The Minister of Police

- 15 -stated that "The incision was done without explicit authority

following a practice that has developed in some mortuaries. Furtherinvestigations are being instituted." Dr. Gluckman said thatfor an attendant, entirely on his own without a doctor beingpresent, to have made the incisions "is contrary to allrecognized conduct in mortuaries and infinitely more so incases of unnatural death. In a lifetime of practicingpathology, I have never heard of such a practice." On 25February, the Minister of Justice said in the Assembly thatthe investigation into the incisions had been completed. Theincisions had been made by an experienced mortuary assistantand no steps were necessary, he said.32. Detainee: NDZANGA, Lawrence Age: 53Date of Death: 8 January 1977Official cause of death: Heart attackAct detained under: Terrorism Act No. 83 of 1967Length of detention: 51 daysIhere detained: Fort Prison, Johannesburg.Notes: Former Secretary of the South African Railway andHarbour Workers' Union and National Executive Committee Memberof SACTU,Mr. Ndzanga was detained on the grounds that he allegedly recruited persons toundergo militarytraining abroad. His wife, Rita Ndzanga was delained at the same time andcurrently awaits trial under theTerrorism Act. Both Mr. and Mrs. Ndzanga were detainedin 1969 and tried twice and acquitted of charges under theTerrorism Act and the Suppression of Communism Act. They wereboth banned after their acquittal. They had previouslybeen banned in 1964.33, Detainee: MALELE, Elmon Age: 52Date of Death: 20 January 1977Official cause of death: StrokeAct detained under: Terrorism Act No. 83 of 1967Length of detention: 13 days.Notes: Detained in Soweto following a series of explosionsin a klipspruit house, Mr. Malele is reported to have died in the Princess NursingHome on 20 January 1977.A post-mortem was held on the morning of 21 Januarybefore the Malele family could make arrangements to have a privatepathologistpresent. The Head of the security police stated that first indications were that Mr.Ialelesuffered a stroke. He had been admitted to the PrincessNursing Home because the prison hospital was not equipped totreat him.

- 16 -34. Detainee:

Date of Death:Official cause of death:Act detained under: Length of detention:Where detained:ILABELANE, Matthews Age: 2215 February 1977 Fell to death Terrorism Act No. 83 of 1967 25 daysJohn Vorster Square, Johannesburg..Notes: According to police accounts, Mr. Mabelane opened thewindow on the tenth floor where he was being held,and before anyone could stop him, climbed out. "He ran along the ledgewhich isabout half a metre wide in what we believe was a bid to escape. He was seen tostumble after reaching the end of the ledge and hefell off," police spokesperson said. See also, TIHOL,Ahmed, who fell from 10th floor, John Vorster Souare.35. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MALINGA, Samuel Age: 4522 February 1977 Natural causes Terrorism Act No. 83 of 1967 22 daysPietermaritzburg.Notes: Hospital sources said Mr. Malinga died of a pulmonaryembolism. Mrs. Malinga is reported to have denied thather husband suffered from any heart complaint. Professor I. Gordon, Statepathologist, conducted theautopsy on 24 February. Dr. Coovadia attended on behalfof the family. Professor Gordon said after the postmortem that Mr. Malinga diedof natural causes as aresult of a disease process of the heart of fairly longstanding, complemented by the development of changesin his lung. Pneumonia was a final cause of death.Dr. Coovadia concurred with Professor GordonTs findings.36. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:KHOZA, Aaron Age: 4526 March 1977 Suicide by hanging Terrorism Act No. 83 of 1967 107daysPietermaritzburg.

- 17 -Notes: Mr. KhQoza was found hanging in his cell by a rope made of

two shoelaces and a jacket. He was a member of the YoungAfrican Religious Movement, a church group on the West Randwhich has been giving material and moral assistance to peopleand families who have suffered death or distress as a result ofpolice action during the 1976 uprising. Mr. Harry Pitman,attorney, appearing for Mr. Khoza's family, said the evidenceof prison authorities was conflicting and the investigation hadproved unsatisfactory.37. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MABIJA, Phakamile7 July 1977 Fell to deathAge: 27Riotous Assemblies Act of 1914as amendedTransvaal Road Police Station,Kimberley.Notes: Mr. Mabija was purported to have plunged to his deathfrom the sixth floor of the Transvaal Road PoliceStation. He was being detained following an incident inwhich buses had been stoned during a bus boycott.He was to have appeared in court the day followinghis death. Mr. Mabija was the Kimberley churchwarden of the parish of St. James, and a full-timeyouth worker for the Anglican Church. At theinquest a police spokesperson stated that as a rule windows on the floor wereusually secured with locks but that the window where Mr. Mabija hadfallen fromhad been opened to allow fresh air into the room.It should be noted that July is the middle of theSouth African winter.38. Detainee:Date of Death:Official cause of death:Act detained under: Length of detention:Where detained: Death occurred:LOZA, Elijah Age: 592 August 1977Natural rausesTerrorism Act No. 83 of 1967 67 daysVictor Verster Prison, Paarl Tygerberg Hospits), Capetown.

- 18 -

Notes: A noted Capetown trade unionist, Mr. Loza was detainedon 27 May at the Victor Verster Prison in Paarl. He wastransferred from there to Tygerberg Hospital on 8 July in a coma. In the early1960s, Mr. Loza was Secretary of theAfrican Commercial and Distributive Workers' Union in Capetown and wasChairman of SACTU in the Western Cape region.He was one of the first people to be detained under the "90day law" in 1963, andwas re-detained after the first 90 days.He was charged with 44 others in November 1963 and sentencedto six years in prison but was acquitted on appeal. He was then placed under 24-hour house arrest and spent nearly tenyears under banning orders. He was again banned for fiveyears in November 1976. On 13 July, Mr. Loza's ex-wife and daughter claimed hehad been assaulted by securitypolice while in detention. Mrs. Girlie Loza said shevisited her ex-husband in the hospital. "He was unconscious when Isaw him. Hemumbled incoherent things when I visited him again a few days later. He was inbad shape. I am surethe police assaulted him while he was in detention." she said.Her daughter, Ms. Ethel Loza, said when she visited herfather at the hospital "there were bruises and a swellingon his head and he was jerking so violently that he hadto be restrained. When I asked him which parts of his body were painful hepointed to his head, shoulders, and privateparts." A week after this a Tygerberg Hospital spokespersonsaid that Mr. Loza's condition "is very much improved."Within two weeks he was dead.59. Detainee: HAFFEJEE, Hoosen Mia Age: 26Date of Death: 3 August 1977Official cause of death: Suicide by hangingAct detained under: Terrorism Act No. 83 of 1967;Criminal Procedure ActLength of detention: Within 4 hoursWhere detained: Brighton Beach Police Station, Durban.Notes: According to police reports Dr. Haffejee was foundhanging in his cell from the leg of his trousers.Mr. Haffejee's brother stated that the trousers werewound so tightly around Dr. Haffejee's neck that a razor blade wasneeded to cutthe trousers. At theofficial post-mortem it was claimed his death wasconsistent with hanging. However, after an independentpost-mortem conducted in Pietermaritzburg before hisfuneral there, Dr. Haffejee's brother said that therewere 25 abrasions on the body, arms, and legs of hisbrother as well as burn marks.

- 19 -40. Detainee:Date of Death:Official cause of death:Act detained under:Length of detention:Where detained:MZIZI, Bayempin Age: 6215 August 1977Suicide by hanging Terrorism Act No. 83 of 1967Brighton Beach Police Station, Durban.Notes: Police reports indicate that Mr. Mzizi was foundhanging in his cell.41. Detainee:Date of Death:Official cause of death:Act detained under: Length of detention:1here detained:BIKO, Steve Age: 3012 September 1977 Suicide by starvation Terrorism Act No. 83 of 1967 25 daysWalmer Police Station, Port Elizabeth.Notes: Mr. Biko was arrested on 18 August in Grahamstown for allegedlybreaking his banning order. The Minister of Justice subsequentlyannounced that Mr. Biko had been detained in connection with the Port Elizabethriots and for inciting arson and violence.Following his arrest Mr. Biko was held at the Walmer PoliceStation. According to police accounts, on 5 September,Mr. Biko refused to eat until he was either charged or released.On 7 September, Mr. Biko purportedly took ill and was examinedby a district surgeon who could find nothing wrong. On 9 September he wastransferred to a hospital where he wasexamined by several State doctors and a specialist who couldfind nothing wrong. On 11 September, Mr. Biko was returned tothe Walmer Police Station. Later that evening, Mr. Bikoapparently became so ill that he was transported by van to the Pretoria prisonhospital, some 750miles away. On the eveningof 12 September, Mr. Biko was dead. Police spokesmen indicated that Mr. Bikodied as a result of a hunger strike. Unconfirmedreports have stated that Mr. Biko's death was the result ofbrain damage and electrical shock. When pressed aboutMr. Biko's death, the Minister of Justice said that he wasnot pleased nor was he sorry over Mr. Biko's death. Addressingthe delegates to a congress of the ruling National Party in Pretoria, theMinistersaid: "Biko's death leaves me cold."

- 20 -

Numerous questions were raised by Mr. Biko's death. If he was so ill that itnecessitated his being removed to Pretoria, why was not a more expeditiousmethod employed to transport him? What was the nature of his illness thatrequired his being taken to Pretoria for treatment? The Port Elizabeth Hospitalfacilities are as good as any in Pretoria. If Mr. Biko was so ill, whywas he notseen by a specialist upon his arrival in Pretoria? According to police reports, apolice doctor saw Mr. Biko upon his arrival in Pretoria. There is some question asto where Mr. Biko died. Police initially said that he died in a Pretoria hospital.Other accounts had Mr. Biko dying in his cell in Pretoria. The Minister ofJusticestated that Mr. Biko diedas a result of a hunger strike.- Yet other accounts stated that Mr. Biko was fedintravaneously. Mr. Biko may have been thesingle most important black leader to have developed in South Africa in the lastdecade. He was the founder and first president of the Black Peoples' Con-entionand founder of the Zimele Trust Fund. He was instrumental in formingthe BlackCommunity Program in Durban, and is generally regarded as the father of theBlack Consciousness Movement. As a result of his activities, Mr. Biko wascontinually harassed by the security police. During 1976 he was detained underSection6 of the Terrorism Act for 101 days. Finally, a little overa month before his arrest in Grahamstown, Mr. Biko has been acquitted ofcharges of "obstructing the ends of justice."

- 21 -Some charactori.stics of the deathsThe number of deaths in detention has increased at an alarming rate. Nineteen ofthe 41 deaths occurred since 1976:Year Number of dead1977 111976 81971 21969 81968 11967 21966 31965 21964 21963 2Of the 41 who have died, 13 have died within a week of detention; of these, ninehave died within 24 hours and two within 4 hours. The longest period that adetainee has been held prior to death has been 140 days, and that detainee was thefirst of the 41 to die. The shortest period has been within two hours of detention.A considerable number of those found dead in detention, haveaccording to police reports, died as a result of suicide by hanging,as follows:Suicide by hanging 15Natural causes 11

Falling from stairs or 6windowSuicide (other than 2hanging)Slipped in shower 2Application of forceto neck 1Starvation 1Causes still undisclosed 3A large number of the deaths, bicluding the so-called suicides by hanging, haveoccurred in the Pretoria/Johannesburg region, as follows:Pretoria 11Johannesburg 7Transkei 4Port Elizabeth 3Capetown 3Durban 3Pietermaritzburg 2Leslie 1Kimberly 1East London 1Natal 14

- 22 -The majority of those detained were held under the Terrorism Act. Indeed,following its enactment, only three of those who died were held underotherlegislation:Terrorism Act, No. 83 of 1967 24Criminal Procedure Amendment Act, 4To. 96 of 1965General Law Amendment Act, No. 37 3of 1963Transkei Proc. R400 of 1960 3General Law Amendment Act, No.62 2of 1966Riotous Assemblies Act of 1914 as 1amendedStatute unknown 4Most of the deaths occurred in the months of September and January:September 10January 7February 4August 4March 3November 3

June 2July 2October 2December 2Hay 1April 0The oldest to die while in detention was Bayempin Mzizi, Age 62, and theyoungest was Dumisane Mbathe, Age 16. Mention should be made that iqh1r 41political detainees have died since 1963, countless numbers of nonpoliticaldetainees have died while in police custody. Their number, like those of politicaldetainees, has escalated in the last year. In 1975, 92 non-political detainees died inpolice custody. In 1976, that figure had risen to 117.Summary of the relevant security legislation1. Terrorism Act No. 83 of 1967: The significance of this legislation is revealedwhen it is noted that of the 41 detainees to have died while in securitydetention,24 were detained under the provisions of this Act. Terrorism, under the Act, isdefined broadly. It incorporates speech, writing, physical action and applies tolawful as well as unlawful acts. If a detainee is charged with having committedany act included in a list of activities, it becomes his burden to prove that hisintention was not to commit terrorism. According to the language of the Act, it isterrorism if a person,among other things, embarrassed the adninistration

- 23 -of the affairs of the State. It is presumed that the person intended to endanger themaintenance of law and order unless he can prove beyond a reasonable doubt thathe had no such intentions. Under the Act, any police officer fromthe rank ofLieutenant-Colonel upwards can order the arrest without warrant of any person heuspfcts of being a terrorist, or withholding information relationgto a terrorist.Such a person is held for the purpose of interrogation by the security police for aslong a period as it takes for the person to reply "satisfactorily to all questions atthe said interrogation." Conceivably, a detainee could be held for the remainder ofhis life. Detainees have been released from detention under this Act following 513days of attempting to reply "satisfactorily to all questions." In addition, under theterms of the Act, only the Minister of Justice or an officer "in the performance ofhis official duties" may have access to the detainee. Only the Minister of Justiceor an officer "shall be entitled to any official information relating toor obtainedfrom any detainee." There is no right to habeas corpus and no recourse to thecourts. Indeed, no court of law may pronounce upon the validity of any actiontaken under the provision of the Act or order the release of any detainec. For aperson found guilty under this Act, the minimum sentence is 5 years and themaximum is death.2. Criminal Procedure Amendment Act No. 96 of 1965: This Act provides for theincommunicado detention of State witnesses for up to six months. The"180-daydetention clause" provides that whenever in the opinion of the Attorney-Generalthere is any danger of tampering with or the intimidation of any personlikely tobe able to give material evidence for the State in criminal proceedings of a serious

nature, or whenever the AttorneyGeneral deems it to be in the interest of suchperson or of the administration of justice, he may issue a warrant forthe arrest anddetention of such person at a stated place. The witness is detained until theconclusion of the criminal proceedings concerned, ci for six months, whichevermay be the shorter period. The Act provides that a detained person will bevisited by a Magistrate in private at least once a week. No one else other than aState official has access to him. No court can proncunce upon the validity of theMinisterrs various regulations or order the r.i ease of a detained person.3. General Law Amendment Act No. 37 of 1963: The Act provides for the"Sobukwe clause," named after the former leader of the Pan-African Congress,Mr. Robert Sobukwe. According to this provision, a person convicted of certainoffenses of a political nature may be held in continued detention after thecompletion of their prison sentences, should the Hinister of Justiceconsider thatthey are likely, if released, to further the achievement of any of thestatutoryobjects of communism.

- 24 -In addition, Section 17 of the Act introduced the system of90-day arrest, empowering commissioned police officers to arrest without warrantand detain for up to 90 days on any particular occasion personssuspected of committing, intending to commit, or having information aboutspecified tjpes of political offenses. On the expiration of 90 days suchpersons could immediately be re-arrested, and the process repeated. Detainedpersons would be visited weekly by a Magistrate, but otherwise no visitors wereallowed except with srecial permi ssion. No court of law had the power to orderthe release of detained persons.4. Transkei-Proclamations-R400 and R413 of1l6o: Persons suspected ofcommitting an offense under the regulations or any law, or of intending to do so,or of possessing information about an offense, may be arrestedwithout warrantand held in custody until the authorities are satisfied that they have fully andtruthfully answered all relevant questions put to them. They may not consult witha legal adviser without the consent of the Minister of Bantu Administration andDevelopment. No interdict may be issued for the stay of any order under theregulations; nor may any civil action be instituted arising out of theoperation ofthe regulations.5. General Law Amendment Act No. 62 of 1966: Persons arrested under this Actmay be detained for interrogation for a period not exceeding 14 days.TheCommissioner of Police may, however, apply to a judge of the SupremeCourt foran extension of this period until such date as the judge may decide. Thejudgemay afford the detainee an opportunity of submitting to him in writingreasonswhy he should not be detained. If the detaineedoes so, the Commissioner of Police must be given the opportunity of replying.The judge may order that the conditions of detention be altered. Otherwise, theconditions of detention are not subject to review or appeal, and no court of law iscompetent to order the release of a detainee.

6. Riotous Assemblies Act of 1914 as amended: There are no provisions fordetention in this Act.

- 25 -Relevant statements by the Minister of Police1. Press conference of 23 February 1977: On 23 February 1977,Mr. Kruger,Minister of Police, held a press conference to answer questions regarding deathsin detention. He used as the basis of the conference, thirteen questions which hadbeen posed by the Rand Daily Mail in an editorial on 22 February. Thequestionsand his replies, as reported in the press, are reproduced below:Q. 1. Why is there apparently so little supervision over detaineesas to allow suicides to occur with such regularity?2. Why is there apparently so little supervision that detaineesare able to jump to their deaths down stairwells or out ofbuildings?A. The police deny that there was "little supervision" over detainees.The facts of each case, in our view, show that there was all thesupervision present that can reasonably be expected from the policeand the prison authorities. It is easy for editors of newspaperssitting in the quiet of their offices to ask questions which in themselves castaspersions on the police, without knowing the facts. TheEditor of the Rand Daily Mail must have been aware of the pressconference and should have reserved such questions until after theprpss conference.Q. To what extent are the circumstances surrounding deaths investigatedby external, independent authorities rather thnn by the policeand prison officials in whose custody the detainees werewhen they died?A. These cases are investigated by senior police officers who havenoconnection with the Security Branch and whose integrity is abovequestion.In any case the police docket only serves to start the inquestproceedings which are there for an in-depth inquiry into thecauses of death and where interested parties can be representedbylawyers. In all cases of unnatural deaths, either there is a proper inquest or theAttorney-General charges someone before a court of law.Q. 4. In view of the growing number of deaths, what precautionary measuresare being instituted to protect the lives of those taken intocustody?5. Does the Minister agree that such precautionary measures areespecially necessary, when people are being held incommunicado,to ensure that justice, if it cannot be seen to be done, isbeing done?

- 26 -A. There are numerous standing orders for precautions for the protection

of prisoners. Bars are fitted to all offices where interrogations takeplace, but owing to the number of detainees following the bombing andsubversive activities in Johannesburg, interviews had to be conductedin offices where bars are not yet fitted.As far as possible, in the cells, bedding is now provided of a texturewhich cannot easily be torn in strips.Q. 6. Is the Minister aware of the comments of Acting Chief JusticeViljoen in the case of the Minister of Police v Haria NomvulaSkosana, which was heard last September? In the appeal, whichconcerned the death of a man who had been in ordinary policecustody, the court said: "... where detainees are concerned nopoliceman should allow his diligence to lag for a moment. Heis the custodian of the detainees under his charge who have beendeprived of their freedom of movement and whose capac '- tomake their own decisions and carry them out has not only beenrestricted but completely neutralized".A. The Minister is aware of the comments of Acting Judge of Appeal (notthe Acting Chief Justice as the Editor states) in the case of the Ministerof Police v Maria Nomvula Skosana and agrees with the comment.Is the Editor, however, aware that in the case mentioned it was foundthat two policemen acted "in breach of their own standing orders"?Incidentally in the case mentioned it was found that it had not beenproved that negligence of the two r-Jcem-n was th cause rf thprisoners' death.Q. 7. On 28 October last year, Mr. Justice James, in acquitting foursecurity policemen accused of culpable homicide arising from thedeath of detainee Joseph 1Mdluli, said that accounts before thecourt had not satisfactorily explained all Mr. Iluliys injuries.The problem of how Mr. Mdluli met his death was of the greatestimportance and should be solved, said the Judge.On 25 January, Mr. Kruger told Parliament that, after Ir. Mdluli'sbody had been given to an undertaker, it had been mutilated andphotographs of it taken. That was why the Judge wanted a furtherinvestigation, he said.Could Mr. Kruger explain the apparent disparity between what Mr. Justice Jamessaid and what Mr. Kruger said it. JusticeJames said?

- 27 -A. There is no disparity between what the Minister said and betweenwhat Mr. Justice James said as is clear from an extract of thelatter's judgement: "It may well be that the matter requires further detailedinvestigation by the authorities and perhaps in the criminaland civil courts. I need hardly say that this is a matter of the greatest importanceand should not be left in its existing highlyunsatisfactory condition."Secondly I must make reference to the evidence that after ldluli'sbody

was handed over by the mortuary to the agents of his family certain additionalinjuries were inflicted upon it and that photographs werethen taken of the body showing not only those injuries observed byDr. Van Straaten but of these additional injuries. The Court was nottold for what purpose these post-mortem injuries were inflicted or whythese photographs were taken but it is difficult to conceive that allthis was done for an innocent purpose. It is to be hoped that thismatter will be fully investigated."The Minister dealt with the second aspect during the debate and hasansweredquestions in the House on the first aspect. We are still trying to investigate it asfar as possible. We are investigatingboth these things. Apparently the Editor is not aware of the secondportion of the judgement.Q. 8. On 25 January, Mr. Kruger said in Parliament - referring toincisions made on the corpse of detainee Naroath Ntshuntshathat the incision was made without explicit authority followinga practice that had apparently developed in some mortuaries.But Johannesburg's State Pathologist, Professor J.J.F. Taljaard,who performed the Ntshuntsha post-mortem, said:"I have done manypostmortems in my time, both in Johannesburg and in theSouthern Transvaal, and I have never encountered such anincident." Could Mr. Kruger explain this an nmaly?A. The Minister is quoted correctly in saying that "incisions are madewithout explicit authority following a practice that had apparentlydeveloped in some mortuaries." The Minister's irformation is that insome mortuaries the assistant is required to prepare the cadaver forthe postmortem and this may require the necessary preliminary incisionsto be made.In other words as far as I know, I can't deny the denial. I have nothad the time to get in touch with Professor Taljaard. People preparethe corpse for the post-mortem. They make the necessary incisions and prepare it.The Police have instructions not to do it unless a doctoris present - otherwise a charge will be laid against the policeman.

- 28 -Q. 9. Of the 37 political detainees known by the Press to have diedsince 1963, 17 have died, according to the police from causes otherthan suicide.Of those 17, nine are said to have diedfrom natural causes, three from accidents (two slipping inshowers and one falling downstairs), and five for reasonsas yet undisclosed.In view of Mr. Kruger's assertion that communist detainees are under instructionsto commit suicide, does he not viewwith concern the number of detainees whose deaths are attributedby the police to other causes?A. As the gravamen of the insinuations against the police concern

the last year, the Minister has not traced all cases as far backas 1963.Each case determines its own causes, and all the cases the Ministerhas called for, prima facie, are departmentally satisfactory whateverthe inquest show.In a publication issued by the Communist Party of South Africa, calledInkululeko Freedom, we find the following passage; "Harass yourenemy by going on hunger strikes, act insane, lodge conrp aints whethertrue or false, report to civil and criminal actions in courts asoften as possible. Make sure your complaints and actions against thesuppressors get the utmost publicity. Rather commit suicide thanbetray the organization."Referring to the total number of deaths, Mr. Kruger said thepolice had compiled a complete list. He said there were 25 onthe list.Q. 10. Why has the compensation been paid in at least two cases tothe relatives of dead detainees if the State admits of noculpability?A. (given at a later stage). Only once has the Government made anex gratia payment to the widow of a detainee who had died in detention.T was the R5,000 paid to the widow of Imam Abdullah Haron, whodied in September 1969. The facts concerning this incident receivedwide publicity at the time and need not be repeated.

-29Q. 11. According to press reports, 37 detainees held for politicalreasons have died since 1963 and of these 16 have died since March last year.Does Mr. Kruger have a fuller list and, ifso., what is the correct number and who are they?A. Since March last year (1976), 11 detainees held for security reasonshave died and their identities and case histories have been dealt withat the press conference.Q. 12. Can Mr. Kruger explain why all the detainee deaths have beenofblacks? During the same period of time, numbers of whites havebeen detained and subsequently convicted and jailed for being membersof the Communist Party - yet none of them seem to have obeyed theorders requiring their suicide or to have had the misfortune ofdying in the ways that appear to afflict black detainees.A. All detainees are treated the same, but during the last year there wereconsiderably more black detainees.I want to tell the Editor of the Rand Daily Mail that the Minister does not askdetainees why they don't commit suicide. It is quiteimpossille for me to tll you vhy more l!acks coiunit suicid-e thpn. vhites.Q. 13. And finally, can Mr. Kruger explain why the Government is sodetermined not to appoint a fullscale judicial commission ofinquiry into detainee deaths?

A. The Minister does not consider a fullscale judicial commission necessary.There is a full judicial enquiry into each case. Does the Editor suggestthat the inquests are not judicially dealt with or inadquate? I amsatisfied that inquests are properly done.2. Commission of inquiry: The minister refused to appoint a fullscale judicialcommission of inquiry into deaths in detention. Expanding on some of his repliesto the questions above, Mr. Kruger said that the police were consid-!ring shiftingthe interrogation rooms to ground floor level in places like John Vorster Squarewhere some suicides have involved leaps from the 10th floor. Other methodsbeing considered to prevent suicides were the use of leg irons, straightjackets andwhether detaineesshould be a2-1iowed clothes which could be torn and used as ropes in cells.

- 30 -"But you know who will be the first to squeal if we do this," Mr. Kruger said, inan apparent reference to the Progressive Reform Party's Mrs. Helen Suz.an andthe Press. Mr. Kruger said that all interrogation rooms had beenfitted with barsafter the Ahmed Timol case in 1971, but that sometimes other rooms were usedwhen there were not enough with bars. Directives had gone out fromtheCommissioner of Police urging every possible precaution to prevent the suicides,he said. He added that there were various reasons for the suicides. Some of themwere due to psychological factors. In other cases the detainee followed theinstructions of the Communist Party, and same happened because the prisonerfeared interrogation for rape or theft.Asked whether the harshness of interrogations had led to the suicides, Mr. Krugersaid that people did not like being interrogated, and added: "But I am satisfied theSecurity Police understand their instructions and that they are awarewe won'tstand for any abuses. What safeguards can we have? There must be a certainamount of trust in a man's seniority and experience", Mr. Yiigr said. "Magistratesvisited detainees every two weeks and complaints could be made." Asked aboutcoercive methods of interrogation, Mr. Kruger said such allegations were usuallymade in court and sometimes involved a little trial within a trial but he had notfound one case going against the police. He said that he was satisfiedthat therewere adequate channels for a detainee to complain and that the integrity of thesecurity police was very high, but that they could not all be angels. When a manresisted arrest, he said, pressure sometimes had to be applied. Fourpolicemen hadbeen charged in the Mdluli case and, although all four had been acquitted, furtherinvestigations were being made and would be referred to the Attorney-General, hesaid.

- 51 -3. Reply to question in Parliament on 22 February 1977: In reply toa question inParliament on 22 February, the Minister of Police listed the following detainees ashaving died in security detention during 1976:(a) Deaths under theTerrorism Act:

Date of arrest16-.7.76Frank Mapetla MohapiDate of death5. 8.76Cause of deathSuicide. Inquest not yet concluded.Dumisani Mbatha16. 9.76 25. 9.76Natural causes.Ernest MamashilaWellington MlunginiTshazibane18.11.76 19.11.76 Suicide. Inruest not yet concluded.10.12.76 11.12.76 Suicide. Inquest not yet concluded.(b) Deaths under Section 22 of the GeneralLaws AmendmentAct No.62 of 1966:Date of arrest2. 9.76Luke Mazwembe George BothaDate of death2. 9.7610.12.76 15.12.76Cause of deathSuicide. Inquest not yet concludedSuicide. Inquest not yet concluded.

- 32 -Other statements:Justice spokesman for the United Party and theProgressive Reform Party rejected the MinisterT s explanations andcalled for ajudicial commission of inquiry.Mrs. Suzman (PRP) stated that "The root problem is the legislationwhich enables the Minister of Police to hold people in solitary confinemen. andinterrogate them and I have no doubt that without this legislation detainees wouldnot have succumbed - for the normal processes of law in themselves provideprotection". She said that a judicial inquiry could investigate the totality of thescene rather than only individual cases.General Van den Bergh, Head of the Bureau for State Security, interviewed ontelevision on 6 March, said he was of the opinion that no police action hadanything whatsoever to do with a detainee's decision to commit suicide. He saidthat from a crime investigation point of view it was most decidedly in theinterrogator's interest that the delainee should remain alive and wellin order to beused as a witness. He did not thing that brainwashing had anything to do with the

"often impulsive decision of somebody who could also perhaps be mentallyunbalanced, to commit suicide." 2/Speaking in the Assembly during the committee-stage debate on the InquestAmendment Bill on 24 March, Mr. Cadman, chief spokesman on Justice, said thatit was a matter for concern that none of the inquests into the suicides of 11detainees in prisons since January 1976 had yet been concluded. The Minister ofJustice, Mr. Kruger, said he wished to put on record that he had held adetailedand lengthy press conference on the subject of deaths in detentionrecently whichhad been attended by South African and foreign journalists. Mr. Kruger said hewas saying this in defence of a possible impression that might exist in Parliamentthat his department had something to hide concerning the death in detentionofdetainees. _// tar, 24 February 1977.Ibid., 3 July 1977.I/ Thid., 24 March 1977.