PH 466 IM THE SUPREME COURT OF SOUTH AFRICA …€¦ · RECEIVED COPY HEREOF ON THIS DAY OF MARCH...
Transcript of PH 466 IM THE SUPREME COURT OF SOUTH AFRICA …€¦ · RECEIVED COPY HEREOF ON THIS DAY OF MARCH...
PH 466IM THE SUPREME COURT OF SOUTH AFRICAWITWATERSRAIMD LOCAL DIVISION CASE NO : 92/26573
In the matter between : -
NKONYANA. CONSTANCE Plaintiff
and1 j
THE MINISTER OF DEFENCE Defendant
FILING SHEET
PLAINTIFF'S DISCOVERY AFFIDAVIT PRESENTED FOR FILING BY : -
TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG
AND TO :THE STATE ATTORNEY Defendant's attorneys 10th Floor, North State Buildings 95 Market Street JOHANNESBURGRef. 6657/92/P33/ldm /M r. J Pretorius
NICHOLLS, CAMBANIS & ASSOCIATESPlaintiff's attorneys3rd Floor, 1 32 Fox StreetJOHANNESBURG REF. H V SITHOLE
RECEIVED COPY HEREOF ON THIS DAY OF MARCH 1995.
PH 466IN THE SUPREME COURT OF SOUTH AFRICA(WITWATERSRAND LOCAL DIVISION) CASE NO : 92/26573
In the matter between : -
NKONYANA. CONSTANCE (MOFOKENG) Plaintiff
and
THE MINISTER OF DEFENCE Defendant
£ PLAINTIFF'S DISCOVERY AFFIDAVIT
I, the undersigned,
CONSTANCE NKONYANA (MOFOKENG)
do hereby state under oath : -
1. I am the Applicant in the above matter.
2. I have in my possession or power documents relating to the matters in question
in this matter set forth in the First and Second parts of the First Schedule hereto.
3. I object to producing the documents set forth in the Second part of the said
schedule hereto, for the reason that same are privileged upon the grounds set
out in the Second Schedule.
4. According, to the best of my knowledge and belief I do not, and never had in my
possession, custody or power, or in the possession, custody or power of my
attorney or agent, or any other person on my behalf, any document relating to
any matters in question in this cause other than those documents set forth in the First and Second parts of the First Schedule hereto.
1995 -03- 1 5
/ in $ fa n < ?S DEPONENT
ofon this the /^dayTHUS D^NE, SIGNED AND SWORN to before me
^ t d t f r Deponent having acknowledged that she knows and understands the contents of this affidavit, and that she has no objection to taking this
oath, and considers this oath binding on her conscience, and having uttered the words "So held me God", before me.
FIRST SCHEDULE
PART ONE
NO. DOCUMENT DATE COPY/ORIGINAL
1. Identity Documents
1.1 John Msimango (Dube)
1.2 Constance Nkonyane (Mofokeng)
1.3 Getrude Sithole
1.4 Tatana Willie Makisi
2. Birth Certificates
2.1 Andele Gusha
2.2 Simphiwe Gusha
3. Death Certificate of Tatana Willie Makisi
4. Removal/Burial Order in respect of Tatana Willie Makisi
5. Post mortem report in respect of Tatana Willie Makisi
6. Post mortem report in respect of Nomatuse Gqumiza
7. Letter of demand from Plaintiffs attorneys to Defendant in respectof John Msimanga (Dube) 1.7.92
7.1 Letter of demand from Plaintiff’s attorneys to Defendant in respectof Nora Kay 1.7.92
7.2 Letter of demand from Plaintiffs attorneys to Defendant in respectof Constance Nkonyane 1.7.92
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7.3 Letter of demand from Plaintiffs attorneys to Defendant in respect of Getrude Sithole
7.4 Letter of demand from Plaintiffs attorneys to Defendant in respect of Welile Phangabantu
7.5 Letter of demand from Plaintiffs attorneys to Defendant in respectof Sipho, Panky and Tabs Msimango
7.6 Letter of demand from Plaintiffs attorneys to Defendant in respect of Andele Gusha
7.7 Letter of demand from Plaintiffs attorneys to Defendant in respect of and Simphiwe Gusha
8. Letter from Plaintiffs attorneys to Defendant
9. Telefax from Plaintiffs attorneys to Defendant
10. Letter from Defendant to Plaintiffs attorneys
11. Letter from Defendant to Plaintiffs attorneys
12. Letter from Plaintiffs attorneys to Defendant's attorneys
13. Letter from Plaintiffs attorneys to Defendant’s attorneys
14. Letter from Plaintiffs attorneys to Defendant's attorneys
15. Letter from Plaintiffs attorneys to Defendant's attorneys
16. Letter from Defendant's attorneys to Plaintiffs attorneys
1.7.92
1.7.92
1.7.92
1.7.92
1.7.92
13.7.92
13.7.92
20.7.92
27.7.92
6.1.93
17.2.93
24.2.93
16.3.93
16.3.93
17.
18.
19.
20 .
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22.
23.
24.
25.
26.
27.
28.
29.
30.
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Letter from Defendant's attorneysto Plaintiffs attorneys 30.3.93
Letter from Defendant's attorneysto Plaintiffs attorneys 31.3.93
Letter from Plaintiffs attorneys to Defendant's attorneys 4.5.93
Letter from Defendant's attorneys to Plaintiffs attorneys 7.5.93
Letter from Defendant's attorneysto Plaintiffs attorneys 20.5.94
Letter from Plaintiffs attorneys Defendant's attorneys 1.6.94
Facsimile from Defendant'sattorneys to Plaintiffs attorneys 22.6.94
Fascimile from Defendant'sattorneys to Plaintiffs attorneys 22.6.94
Letter from Defendant's attorneysto Plaintiffs attorneys 22.6.94
Facsimile from Plaintiffs attorneys to Defendant's attorneys 14.7.94
Facsimile from Plaintiffs attorneys to Defendant's attorneys 18.7.94
Medical Records from Natalspruit Hospital- Nora Kay
Medical Records from Natalspruit Hospital- John Msimango (Dube)
Medical Records from Natalspruit Hospital- Getrude Sithole
C , /
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31. Medical Records from Willem Cruywagen Hospital- re :Constance Nkonyana
32. Medico-legal reports : -
32.1 Getrude Sithole - Dr.Girdwood
32.2 Constance Nkonyane - Dr.Versveldt
32.3 John Msimango - Dr.Versveldt
32.4 Nora Kay - Dr.Versveldt
33. Record of the Goldstone Commission
34. All pleadings under Case Numbers:
92/2657392/2656492/2656592/2656992/2655892/2657192/2681092/27030
FIRST SCHEDULE
PART 2
1. Correspondence between attorney and clients' contaning communication of a
confidential nature with the object of obtaining legal advice in relation to the
matter in question in this action prior to, in contemplation of and during the
continuance of these proceedings.
2. Statements of witnesses and reports brought into existence prior to, in
contemplation of and during the continuance of these proceedings, and
correspondence and documents in relation to the evidence to be used and in
relation to the evidence to be used and in relation to information which might
lead to the obtaining of such evidence or otherwise to enable the Applicants'
case in this action to be conducted, which statements, reports, correspondence
and documents are by their nature priviledged.
3. Correspondence between medical practitioners brought into existence prior to,
in contemplation of and during the continuance of these proceedings which
correspondence are priviledged.
4. Plans, Photographs, instructions to Counsel, notes and opinions thereon with
Counsel's advices and drafts of documents given upon such instructions, and
briefs to Counsel, which came into existence prior to, in contemplation of and
during the continuance of these proceedings, solely for the purpose of obtaining
for or furnishing of the Applicant or her attorneys legal advice in relation to these proceedings, or which have been made confidential in relation to the matters in
question in this action, which said documents are by their nature priviledged.
5. All other documents and correspondence brought into existence to enable the
Plaintiffs' case in this action to be conducted, which are by their nature
priviledged in respect of the proceedings between the parties.
PH 466IN THE SUPREME COURT OF SOUTH AFRICAWITWATERSRAND LOCAL DIVISION CASE NO: 92/26573
In the matter between:-
NKONYANA, CONSTANCE (MOFOKENG) Plaintiff
and
THE MINISTER OF DEFENCE
NOTICE IN TERMw -------------
BE PLEASED TO TAKE NOTICE that the Plaintiff intends to tender in evidence at
the trial of the above matten-
(a) An aerial map/photo of Phola Park, the area where the alleged incident
(b) Photographs of shacks where the Plaintiffs were shot at the time of the alleged
BE PLEASED TO TAKE NOTICE further that the items referred to above may be
inspected during normal working hours at the offices of the Attorneys of Record herein.
BE PLEASED TO TAKE NOTICE further that you are required to admit the said items
within ten (10) days of receipt of this Notice. If you fail within the said period to admit
the said documents they shall be received in evidence upon their mere production and
without any further proof thereof.
occurred;
incident.
- 2-
Dated at JOHANNESBURG this the j day of April 1995.
NldlHOLLS, CAMBANIS & ATTORNEYSPlaintiffs Attorneys3rd Floor, 132 Fox StreetJOHANNESBURGREF: H.V. SITHOLE
• TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG
AND TO:THE STATE ATTORNEY Defendant's Attorneys 10th Floor North State Buildings 95 Market Street JOHANNESBURGRef: 6657/92/P33/ldm/Mr. J. Pretorius
RECEIVED COPY HEREOF ON THIS THE H DAY OF APRIL 1995.
for: DEFENDANT'S ATTORNEYS
S T A A T S f : X .... . . J " r “"P R V V ■ ' . ' : *$* 'jijr i - ,'
Owtvang aonoeft v.v,
1995 -04- f 3RECET^D WITHOUT PHEJt.’OsCt OF Hi',-, r
TYD/T?M» l o t t c o .. M f c n . A J u u j ^ u K
S T A T E A TT O R N f£ Y
PH 466IN THE SUPREME COURT OF SOUTH AFRICAWITWATERSRANP LOCAL DIVISION CASE NO : 92/26573
In the matter between : -
NKONYANA.CONSTANCE(MOFOKENG) Plaintiff
and
THE MINISTER OF DEFENCE Defendant
FILING SHEET
PLAINTIFF'S DISCOVERY AFFIDAVIT PRESENTED FOR FILING BY : -
TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG
AND TO :THE STATE ATTORNEY Defendant's attorneys 10th Floor, North State Buildings 95 Market Street JOHANNESBURGRef. 6657/92/P 33/ldm /M r. J Pretorius
NICHOLLS, CAMBANIS & ASSOCIATESPlaintiff’s attorneys3rd Floor, 132 Fox StreetJOHANNESBURG REF. H V SITHOLE
RECEIVED COPY HEREOF ON THIS ■ 'a ^ DAY OF MARCH 1995.
PH 466IN THE SUPREME COURT OF SOUTH AFRICA(WITWATERSRAND LOCAL DIVISION) CASE NO : 92/26573
In the matter between : -
NKONYANA. CONSTANCE (MOFOKENG) Plaintiff
and
THE MINISTER OF DEFENCE Defendant
9 PLAINTIFFS DISCOVERY AFFIDAVIT
I, the undersigned,
CONSTANCE NKONYANA (MOFOKENG)
do hereby state under oath : -
1. I am the Applicant in the above matter.
2. I have in my possession or power documents relating to the matters in question
in this matter set forth in the First and Second parts of the First Schedule hereto.
^ 3. I object to producing the documents set forth in the Second part of the said
schedule hereto, for the reason that same are privileged upon the grounds set
out in the Second Schedule.
4. According, to the best of my knowledge and belief I do not, and never had in my
possession, custody or power, or in the possession, custody or power of my
attorney or agent, or any other person on my behalf, any document relating to
any matters in question in this cause other than those documents set forth in the
First and Second parts of the First Schedule hereto.
1995 -03- 1 5
c a n s f a n & s ______DEPONENT " /
E, SIGNED AND SWORN to before me a £ ^ — 7'T o n this the /^day /J3"T /
t994r Deponent having acknowledged that she knows andTHUS D(
understands the contents of this affidavit, and that she has no objection to taking this
oath, and considers this oath binding on her conscience, and having uttered the words
"So held me God", before me.
FIRST SCHEDULE
PART ONE
NO. DOCUMENT DATE
1. Identity Documents
1.1 John Msimango (Dube)
1.2 Constance Nkonyane (Mofokeng)
1.3 Getrude Sithole
1.4 Tatana Willie Makisi
2. Birth Certificates
2.1 Andele Gusha
2.2 Simphiwe Gusha
3. Death Certificate of Tatana Willie Makisi
4. Removal/Burial Order in respect of Tatana Willie Makisi
5. Post mortem report in respect of Tatana Willie Makisi
6. Post mortem report in respect of Nomatuse Gqumiza
7. Letter of demand from Plaintiffs attorneys to Defendant in respectof John Msimanga (Dube) 1.7.92
7.1 Letter of demand from Plaintiffs attorneys to Defendant in respectof Nora Kay 1.7.92
7.2 Letter of demand from Plaintiffs attorneys to Defendant in respectof Constance Nkonyane 1.7.92
COPY/ORIGINAL
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7.3 Letter of demand from Plaintiffs attorneys to Defendant in respect of Getrude Sithole
7.4 Letter of demand from Plaintiffs attorneys to Defendant in respect of Weiile Phangabantu
7.5 Letter of demand from Plaintiffs attorneys to Defendant in respectof Sipho, Panky and Tabs Msimango
7.6 Letter of demand from Plaintiffs attorneys to Defendant in respect of Andele Gusha
7.7 Letter of demand from Plaintiffs attorneys to Defendant in respect of and Simphiwe Gusha
8. Letter from Plaintiffs attorneys to Defendant
9. Telefax from Plaintiffs attorneys to Defendant
10. Letter from Defendant to Plaintiffs attorneys
11. Letter from Defendant to Plaintiffs attorneys
12. Letter from Plaintiffs attorneys to Defendant's attorneys
13. Letter from Plaintiffs attorneys to Defendant's attorneys
14. Letter from Plaintiffs attorneys to Defendant's attorneys
15. Letter from Plaintiffs attorneys to Defendant's attorneys
16. Letter from Defendant's attorneys to Plaintiffs attorneys
1.7.92
1.7.92
1.7.92
1.7.92
1.7.92
13.7.92
13.7.92
20.7.92
27.7.92
6.1.93
17.2.93
24.2.93
16.3.93
16.3.93
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17. Letter from Defendant's attorneys to Plaintiffs attorneys
18. Letter from Defendant's attorneys to Plaintiffs attorneys
19. Letter from Plaintiffs attorneys to Defendant's attorneys
20. Letter from Defendant's attorneys to Plaintiffs attorneys
^ 21. Letter from Defendant’s attorneys to Plaintiffs attorneys
22. Letter from Plaintiffs attorneys Defendant's attorneys
23. Facsimile from Defendant's attorneys to Plaintiffs attorneys
24. Fascimile from Defendant's attorneys to Plaintiffs attorneys
25. Letter from Defendant's attorneys to Plaintiffs attorneys
26. Facsimile from Plaintiffs attorneys £ to Defendant's attorneys
27. Facsimile from Plaintiffs attorneys to Defendant's attorneys
28. Medical Records from Natalspruit Hospital- Nora Kay
29. Medical Records from Natalspruit Hospital- John Msimango (Dube)
30. Medical Records from Natalspruit Hospital- Getrude Sithole
30.3.93
31.3.93
4.5.93
7.5.93
20.5.94
1.6.94
22.6.94
22.6.94
22.6.94
14.7.94
18.7.94
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31. Medical Records from Willem Cruywagen Hospital- re :Constance Nkonyana
32. Medico-legal reports : -
32.1 Getrude Sithole - Dr.Girdwood
32.2 Constance Nkonyane - Dr.Versveldt
32.3 John Msimango - Dr.Versveldt
32.4 Nora Kay - Dr.Versveldt
33. Record of the Goldstone Commission
34. All pleadings under Case Numbers:
92/26573 92/26564 92/26565 92/26569 92/26558 92/26571
# 92/26810 92/27030
FIRST SCHEDULE
Correspondence between attorney and clients' contaning communication of a
confidential nature with the object of obtaining legal advice in relation to the
matter in question in this action prior to, in contemplation of and during the
continuance of these proceedings.
Statements of witnesses and reports brought into existence prior to, in
contemplation of and during the continuance of these proceedings, and
correspondence and documents in relation to the evidence to be used and in
relation to the evidence to be used and in relation to information which might
lead to the obtaining of such evidence or otherwise to enable the Applicants'
case in this action to be conducted, which statements, reports, correspondence
and documents are by their nature priviledged.
Correspondence between medical practitioners brought into existence prior to,
in contemplation of and during the continuance of these proceedings which
correspondence are priviledged.
Plans, Photographs, instructions to Counsel, notes and opinions thereon with
Counsel's advices and drafts of documents given upon such instructions, and
briefs to Counsel, which came into existence prior to, in contemplation of and
during the continuance of these proceedings, solely for the purpose of obtaining
for or furnishing of the Applicant or her attorneys legal advice in relation to these
proceedings, or which have been made confidential in relation to the matters in
question in this action, which said documents are by their nature priviledged.
All other documents and correspondence brought into existence to enable the
Plaintiffs' case in this action to be conducted, which are by their nature
priviledged in respect of the proceedings between the parties.
2
TN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISIONS
Case Number : 93/13246
In the matter between:
DABULA. Novela Paulina PlaintiffsAND TWENTY NINE OTHERS
and
THE MINISTER OF DEFENCE Defendant
DEFENDANT'S REPLY TO PLAINTIFFS' QUESTIONS IN TERMS OF RULE 37
P H . 308
A. AD THE ADMISSIONS REQUIRED BY THE PLAINTIFFS FROM THEDEFENDANT IN TERMS OF RULE 37(4)(a):
1. AD PARAGRAPH 1;
Yes.
2. AD PARAGRAPH 2:
The Defendant admits that members of 32 Battalion entered a number of shacks of residents in Phola Park. The Defendant has no knowledge of who resided in the shacks
entered by the members.
AD PARAGRAPH 3:
No.
AD PARAGRAPH 4:
No.
AD PARAGRAPH 5:
No.
AD THE INQUIRIES IN TERMS OF RULE 37f4Wbi:
AD PARAGRAPH 1;
On the grounds referred to in Regulation 12.
AD PARAGRAPH 2:
Approximately 21h00.
AD PARAGRAPH 3:
Approximately 22h30.
AD PARAGRAPH 4:
Private defence.
AD PARAGRAPH 5:
See paragraph 8 below.
AD PARAGRAPH 6:
Seventy five members entered at different times.
AD PARAGRAPH 7:
All of them.
- 4 -
8. AD PARAGRAPH 8:
Approximately 170 to 200 shots.
9. AD PARAGRAPH 9:•
Ras and the members under his control entered Phola Park in the vicinity of the ANC offices. Greyvenstein and his members entered Phola Park in the vicinity of Cafe Corner. Mpande and his members entered Phola Park in the vicinity of Cafe Corner.
10. AD PARAGRAPH 10:
Capt. Hermanson.
11. AD PARAGRAPH 11;
11.1 Ad paragraph 11.1:
This information is in the possession of the South African Police. Most of the members identified by the Plaintiffs were not in Phola
11.2
11.3
Park on 8 or 9 April 1994. The following members who entered Phola Park, were identified:
- 5 -
.1.1 Cpl. J. Joseph;
.1.2 S. Joao;
.1.3 J. Joao;
.1.4 M. Flayi;
.1.5 N.J. Baptista;
.1.6 E. Zacharia; and
.1.7 M. Antonio.
Ad paragraph 11.2:
The Defendant has already furnished the ballistic report in respect of Willie Makisi. TheDefendant is not in possession of the ballistic report in respect of N. Gqumiza.
Ad paragraph 11.3:
The Defendant is not able to locate the document probably due to the disbandment of 32 Battalion.
DATED AT JOHANNESBURG ON THIS THE 24th DAY OF AUGUST 1994.
1
TO:
AND
STATE ATTORNEY10th FloorNorth State Building cnr. Market & Kruis Streets JOHANNESBURG Ref: Mr J. Pretorius Tel: 29-2961
THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG
TO: NICHOLLS CAMBANIS & ASSOCIATESPlaintiffs' Attorneys3rd Floor132 Fox StreetJOHANNESBURGRef: Mr H SitholeTel: 331-6919
Received copy hereof on the ..... day of August 1994.
for: Plaintiffs' Attorneys
Collection Number: AK2702 Goldstone Commission of Enquiry into PHOLA PARK Records 1992-1993 PUBLISHER: Publisher:-Historical Papers, University of the Witwatersrand Location:-Johannesburg ©2012
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