I • I
~~JVtb ' ~ ~ ~ ~ '3 Inder~ ondent Board of Inquiry
. P.O.Box 32293 Braamfontein 2017 Johannesburg South Africa Phone (011) 403-3256/7 Fox (011) 403-1366
Report for . March 1993
BOARD MEMBERS: Dr Alex Boraine, Mrs Judy Chalmers, Rev Dr Frank Chikane, Dr Max Coleman, Mr Brian Currin, Prof John Duggard, Mrs Sheena Duncan, Mr Peter Kerchoff, Mrs lydia Kompe, Mrs Emma Mashinini, Br Jude Pieterse, Archbishop Desmond Tutu
~
REPORT OF THE INDEPENDENT BOARD OF INQUIRY FOR THE MONTH ' OF
MARCH 1993
I. INTRODUCTION .... . ..................... .. ........... . .. : 1-3
II. STATE INSTITUTIONS
2.1 Civil Co-operation Bureau (CCB) . .. . . ............. . . ~ . . 3-4
2.2 The South African Defence Force (SADF) ... .. ......... ~ ... 4
2.3 The South African Police (SAP) ............... .. .... ... 4-6
2.3.1 Carletonville - Khutsong ... . ................. . ...... 6-7
The Nixon Phiri Inquest .................... . .... . ......... 8-9
2.3.2 Grave dug up at Messina ............................ 9-10
III. THE GOLDSTONE COMMISSION
3.1 Invest igation into attacks on policemen ............. 10-11
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3.2 Taxi Violence .••...... . •....••. , ............ '" ...... 12-13
3.3 Apia attacks .......... • ............................. 13-14
3.4 Natal • . •. ....•..•..... • ....•................. ...•. ....• 14
IV. ATTACKS ON INDIVIDUALS
4.1 Abdul Awetha ..................•..... . ..........•....... 15
4.2 Mbongeni Zulu •.....•.. ~ .•....•••••••.••.•....•••••..... 15
4.3 Mxibilo Maria Mnguni ..... ..... ....... . ................. 15
4.4 Alfred Miya ... ....... . ...... .... .... .... . .......... .... 16
4.5 James Mthombeni and Sizwe Mkhwanazi ..•.............. 16-17
V. RACIAL ATTACKS . .................................... . . 17-20
VI. NATAL ............................................... 20-23
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VII. REEF VIOLENCE • .. • •... • ..• ............•. • ...•. ••. ..•. ; ._~ .23
7.1 Train Violence . .....•... . .... . ..... . ...... . •.•... •• . 23-25
7 . 2 The Vaal •...•.•.. • .. . ...••.• •• •..•. . . • • ••• .•.. • .. • .. 2 6-27
7 . 3 The East Rand
7 . 3 . 1 Thokoza ... . .........•....... •. ............ . . . .. .. .. • . 29
Attack on Inkatha Freedom Party (IFP) members on
September 8 1991 . .• ....... •. .... . ••..•.. • • • .. ..•• . • ..• . 2 $ -31
'rhe Khumalo gang ..• . .............. ••. .... .. ...... . ... . .. 31-32
7.3.:;>, Katlehong . . .......... . . . ............. . . , .. • ... · . .. . 33·-35
VIII.EASTERN CAPE
8.1 Attack on Malcolm Hepburn .... . .... . ...•. . ..... .•. f • • 36-37
8 . 2 The Goniwe Inquest .. . . . . . ..... . ..... ... ... .. . . .. . . . . • 37~42
IX. CONCLUSION .. . .. . .. ... . ...... . ...... ... .. . .... . . . ......• 42
I. INTRODUCTION: ( ,
I
March has seeh a dramatic increase in the number of racial
attacks in the Pretoria-Witwatersrand-Vereeniging area (PWV).
The attack in Eikenhof - south of Johannesburg which left
three people dead has led to further racial incidents. The
Vaal, is currently in a state of turmoil and has been hardest
hit. The SAP have attributed attacks on whites in the area
to the Pan Africanist Congress's military wing Apla. However,
this has not been confirmed by the organisation and in some
incidences the organisation has condemned the killing of
civilians.
The Independent Board of Inquiry believes that many of these
attacks in the Vaal have taken on a racial hue because
historically the Vaal triangle has been area of repression.
There have been a number of incidences over the last two
months which have undermined the integrity of the security
forces . According to Peace Action a local monitoring
organisation, ~others and girlfriends appear to be particular
targets . In two incidences reported to Peace Action, elderly
women were allegedly taken from their homes during the early
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\-
hours of the morning and assaulted on the outskirts of the
township, then left to find their own way home. In a
particularly callous act a ten day old baby was allegedly -
taken from the mother by the police in order to force her
into revealing the whereabouts of her boyfriend. In an
incident this month, a 13 year old youth was detained because
members of the SAP could not find his elder brother. The"
parents finally found the youth at the Brixton Murder and
Robbery unit. He has subsequently been released.
Members of the SAP have also come under increasing attack :in
the area . At least seven policemen have been killed in the
first three months of this year.
The Vaal is sliding into anarchy and revenge attacks are the
order of the day. It is difficult to see an end to this '.
spiral of Violence particularly as many of the ' self-defence
units in the area are comprised of criminal elements who are
out of control.
The march in Johannesburg by various ~tudents organisations
ended in chaos when several members of the PAC's students
organisation Paso attacked pedestrians, smashed windows and
looted shops. ~awkers selling their wares on the sidewalks
were hardest hit by the unruly mob. Organisers of the march
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which was called to protest against the payment of
examination fees distanced themselves from the violence and
the racial overtones it took.
II. STATE INSTITUTIONS
2 . 1 civil Co-operation Bureau (CCB)
The Attorney - General of the Cape is ready to prosecute nine
former members of the CCB for sabotage and conspiracy to
murder But the process is being delayed by the Department of
Justice's Office for Indemnity which has not yet informed the
operatives whether or not they have been granted indemnity
for deeds of violence. In a letter dated February 11, a
member of the Attorney-General's staff, state advocate Jannie
van Vuuren, informed the Office for Indemnity in Pretoria
. that - he was ready to bring charges against the CCB men.
The nine men are: chairperson General Eddie Webb, managing
director Colonel Joe Verster, regional manager staal Burger,
operatives Ferdi Barrrard, Calla Botha, Slang van Zyl, Chappie
Maree, Wouter Brits and Isgak Hardien. The possible charges
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date back to the Septe~ber 1989 bomb explosion at the Early
Learning Centre in Athlone Cape Town, and conspiracies to
murder ANC lawyer Dullah Omar and Johannesburg journalist
Gavin Evans. According to The star all operativ.es except:
Verster have applied for indemnity.
2.2 The South African Defence Force
In its December-January report the Board welcomed the purge
of the SADF's Military Intelligence (MI) wing and the sacking
of civilian operatives but said it could not but wonder
whether the various operatives would surface in another
guise. Newspaper reports in March, have alleged that members
of the now defunct 32 Battalion and former CCB agents have
signed up as mercenaries in the Angolan conflict. Some
recruits are allegedly fighting for Unita while others are
fighting for the MPLA. However, the recruits themselves say
they are acting as security guards at the various oil
installations in the country.
2.3 The South African Police (SAP)
A Business and Marketing Intelligence survey has found that
seven out of every 10 black men and six out of every ten
black women have a negative attitude towards the SAP. The
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survey says police are seen as perpetrators of the violence
and enemies of the people. It is clear from the above that
until the police are made accountable to the public as a
whole, negative perceptions of the SAP will persist.
Members of the public filed more than 6 800 complaints of
assault against the SAP last year resulting in 1 041
prosecutions and 306 convictions. The Minister of Law and
Order, Hernus Kriel, said more than 875 members of the SAP
were convicted of a variety of crimes in the course of duty
during the same period. This cost the taxpayer more than a RI
million.
Kriel said the SAP paid out more than Rl.l million in out of
court settlements involving 3 497 civil claims filed between
January 1 last year and February 28 this year.
Attacks on members of the SAP continue unabated. Forty
policemen have lost their lives thus far this year. The
government is set to reintroduce the death penalty following
the sharp rise in the number of policemen being murdered.
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The Board's February report contained a reference to the
inquest into the death of Bethuel Maphumulo. Police
Lieutenant Henry Beukes was found to have strangled Maphumu'lo
while he was in police custody. After an outcry by vario~s
Human Rights organisations following the initial failure ' of
the SAP to suspend Beukes, the SAP announced on March 1i,
that Beukes was suspended on March 9 pending the out'come ', of
the case .
2.3.1 Carletonville -Khutsong
Following an in-depth investigation by the SAP aided by the
Independent Board of Inquiry and the local ANC Branch in
July/August 1991 - thirteen policemen based at the
Welverdiend Unrest unit were suspended. All thirteen returned
to duty in August 1992 despite the fact that many of them
still faced serious charges. Over 100 charges were laid
against various policemen based in the area. On March 10 -
Constables Lebokeng, Matolo and Nkosi were found gu~lty of
assaulting polio victim white Mabitsa. Mabitsa was given
electric shocks and severely beaten by the accused in April ... , 1991. According to Mabitsa's statement he was assaulted
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because the policemen wanted to know the whereabouts of his
brother Johannes. Mabitsa in a statement made to the Board
and which was subsequently handed over to the SAP for
investigation said: "There were several policemen in my cell.
After a while Matolo was joined by Lebakeng and Nkosi all
three were beating me ... One of the policemen I did not see
placed something over my head. It felt like plastic and I
could not breathe through it. They then took both my arms and
handcuffed them behind my back. Another set of handcuffs were
placed on my feet. I then felt a shock on my left arm and
another under my right armpit and then I felt a shock in my
anus. All the time they asked me where the g~ns were and the
whereabouts of my younger brother Johannes Mabitsa".
All three were found guilty of assault GBH and are to be
sentenced on April 10.
The Board calls ' on the SA~ to dismiss the guilty policemen
from the force so as to give a clear signal to the community
that policemen who transgress the law are punished. This will
help to stem the break down of law and order in the area and
get the whole system of police accountability up and running
again.
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The Nixon Phiri Inquest
March also saw the long a~~i~ed re-opening of the Nixon Phiri
inquest. Phiri (16) a member of the Khutsong Youth co~gr~s~ .'
was held for questio~ing on J~nuary 16 1990. ~ccording to
independent pathologist, Dr Jona~~~n Gluckman, Phiri di~d of
a brain haemorrhage associated with external injuries.
Gluckman told the Oberholzer Magistrate's Court that Phiri
did not die of an epileptic attack as police had claimed.
Phiri died on Januaiy 16 i990 while he was being iri~errogat~d
by police at th~ Welverdiend police ~tation. Giuckman said
when he examined Phiri he found evidence of bleeding in the
inner brain. Five abrasions to Phiri's head could of caused
the bleeding he said. Phiri~ s body was also covered ,. in
multiple minor abrasions a nd his lungs had b~en congested
with blood which could have been caused by manual
strangulation Gluckman said.
He also found "a large amount of free blood" in Phiri's
stomach, but could not establish its cause.
The inquest was postponed to April 7 199 3 .
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In a : related matter a key witness to Phiri's death claims he
was threatened by several policemen outside the Oberholzer
Court before the inquest got underway. The Board believes
that the witness has every reason to take the threat
seriously as two other witnesses to Phiri's death were killed
in separate" unrest related incidents" in 1990.
2.3.2 Grave dug up at Messina
. Questions about the disappearance of Stanza Bopape have once
again surfaced. following the discovery of a skeleton at the·
Messina police station in the northern Transvaal.
The partly decomposed body was unearthed .by construction
workers who were digging trenches for sewerag€ pipes.
police spokesp~rson, Major Arno .Vogel said the case was being
faken "very seriously" in the light of recent allegations
.that police killed ·and buried detainees on police pr.emises in
the western Transvaal.
The exhumed corpse ha s been taken to Pretoria, Where the
Chief state Pathologist will conduct a post mortem in an
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" attempt to establish ~he identity and cause of death. I~itial
investigations have revealed that the body had been buried
for at least two years.
The discovery of the body comes two months after former ' ,
police constable John~y ~okaleng confessed he was a member of .,
a police squad which ~illed and buried detainees, including
Mamelodi civic Association general secretary, stanza Bopape.
II I. THE GOLDSTONE COMMISSION
3.1 Investigation into attacks, on p.olicemen
On the first day of the commission Azhar Cachalia - the ANC's
legal representative - voiced his opinion that the qommission
might be too broad in ambit and cover too many geographical
settings to accomplish much.
In the weeks which followed, this prediction has appeared
justified, with the commission heaiing evidence from ~AP
officials on the one hand, and counter-evidence from the ANC
on the other. On the whole, the SAP has relied on flimsy
hearsay evidence from informers and has not cross-checked
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the validity of even the most basic information such as
ANC-membership. committee chairperson, Gert Steyn, has
described the case as a "mess ", and has urged police lawyers
to look into the matter of l ack of verification of facts
(Business Day, 31/03/1993).
While it is undeniable that SAP members have been killed, it
is becoming apparent that to pin the blame on an ANC strategy
is going to be impossible .
At the basis of the problem is the fact that township
communities do distrust the SAP, and not without cause. A
genera l ethos exists that the SAP, if not actively involved
in violence against communities, contributes to the soaring
levels of conflict through their marked inaction.
As the commission unfolds it becomes increasingly clear that
the SAP i s regarded with animosity by large segments of the
popUlation and that rather than attempting to labe l the ANC
for specific crimes , the SAP should turn its attention to
examining why South Africans hold the SAP in such low regard .
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'c 3.2 Taxi Violenc~
On the eve of the release of the Goldstone Commission of
Inquiry's fourth interim report irito violence related to ~he
taxi and minibus industry, there seems to be no abating in
the bloodshed related to the so-called "taxi-wars".
This month ~t least five people were killed and five inju~ed
in clashes around the country associated with the taxi
industry.
The fourth interim report on violence in the industry - this
time focusing on Groblersdal - has once again taken a myopic
view of the violence and failed to locate it within
a) a transport sector plagued with corruption and mi~uses of
author ity; and
b) the broader context of economic decline and
socio-political instability in SA.
Instead, as with its other three reports, the Goldstone
Commission has attributed the cause of the conflict in
Groblersdal to "a high degree of intolerance, selfishness and
greed .. . ".
( -13-
While the emphasis of the Goldstone reports remain focused on
isolated cases, seeking regionalised answers divorced of the
greater socio-economic picture, it seems highly unlikely that
a comprehensive solution to the violence will be found.
3.3 ApIa attacks
This month the Goldstone Commission released its preliminary
report on its investigation into the activities of ApIa. The
report is only provisional as ApIa, the PAC and the Transkei
government refused to participate .
The report has castigated Bantu Holomisa for allowing ApIa to
use the Transkei as a launching pad to mount attacks on South
African citizens. Furthermore, the report has accused the
Transkeian government of storing ApIa armaments and even of
supplying ApIa with weapons.
According to the report, the Tanzanian governme nt should also
be approached vis its training of ApIa cadres at a formal
base.
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The Commission has expressed its hope that ApIa, the PA~ and
the Transkeian government would reconsider their stance of
non-participation.
If, however, "the commission receives no adequate r .espohse
from [the) parties by April 8, it will assume that none · of
the provisional findings of the committee are questioned by
them and that those findings can be re9arded as being
conclusive".
To date the Transkeian government has rejected the find(~gs
outright and the PAC has offered "bare denials". There has
been no response from ApIa.
3.4 Natal
This month the Goldstone announced its intention to launch
future investigations into the KwaZulu Police; Ways to ' curb
violence during Elections; the Education crisis; the Killings
this month in Natal; and the assassination of Natal ANC
activist Reggie Hadebe.
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IV. ATTACKS ON INDIVIDUALS
4.1 Abdul Awetha
The house of the deputy mayor of Imbali in Natal was raked
with gunfire in a pre-dawn attack. The attack was probably in
retaliation for the murder of ANC Midlands leader S'Khumbuzo
Ngwenya, despite the fact that two days previously Awethai
Imbali's mayor, Phikelela NdlovUi and a 16-year old youth
were acquitted for his murder.
4.2 Mbongeleni Zulu
Inkatha leader Mbolongeni zulu was killed this month and his
home in the Natal North Coast was torched.
4.3 Mxibilo Maria Mnguni
Alexandra Inkatha General Secretary, Peterson Phoswa's wife
was killed when gunmen burst into their home. Phoswa was
injured and his wife, Mxibilo, was killed in the attack. It
is rumoured that the shooting was a result of an internal
dispute within the IFP in the area.
, -16-
4.4 Alfred Miya
The chairperson of theIFP's Emashini section ,is in critical
condition after a handgrenade was toss,ed into his Estcourt
shop this month.
4.5 James Mthombeni and Sizwe Mkhwanazi
James Mthombeni (18) a trained member of the ANC's mil'itary
wing - Umkhonto we Sizwe and Sizwe Mkhwanazi (23) a
sub-branch chairperson of the Vaal civic Association were
shot dead by a contingent of SAP and Internal Stability · Unit
(ISU) members on Friday February 26. A third youth, Mkhulu ,
Tsabala was critically injured . According to the SAP two
policemen were also wounded in the incident. According to
Maria Mthombeni, James's mother her son never stood a chance .
She says her Sebokeng home was peppered with bullet holes.
Mthombeni lost her eldest son John in the attack on Sebokeng
night vigil in January 1991 and her husband was found face
down in the street with a bullet wound to the head in 1992.
Mthombe ni said when she arrived at her Sebokeng home on
February 26 the police stopped her entering her house.
"
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Mthombeni said she screamed at the police accusing them of
killing her husband and son. She claims she was then \9rasped
by the police and frog-marched to a Casspir while being
called "jou hoermeid" (you whore) by a white policeman who
slapped her face. She was allegedly taken to Houtkop police
station where she was ordered to identify "her dog". Later
she was taken to Flora 'Gardens where she was interrogated by
a black policemen known as "Shaka" who she recognised . ,
having seen him several times in other raids on her home.
Shaka allegedly slapped her and abused her and asked her
"What would the ANC do for her dog now?". She was finally
released and dropped off in Vanderbijlpark where she had to
find her own way home . Mrs Mthombeni has since laid a charge
at the Sebokeng Police sation.
V. RACIAL ATTACKS
Police have mounted a ma ss ive manhunt to find the killers of
four people who died in terror attacks at Eikenhof south of
Johanne sburg on Frida~ March 19 and at Fort Beaufort in the
Eastern Cape on Saturd~y night . In the first attack Sandra
Mitchley (35) and her son Sean Nel (14) were killed instantly
when their car was shot at by men carryingAK 47s.
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Claire Silberbauer was injured in the shooting and died in
hospital on Sunday March 21. In what police believe to be
~nother racially motivated incident an attempt was made to
burn a man in his vehicle o~ the Alberton-Meyerton road. He
escaped from the blazing vehicle and was . then shot at before
beirlCJ rescued. On the East Rand, Mzandile' !J1arajane (5) was
sho~ in the arm by a motorist while walking along the side of
the ' road with her father.
Further investigation into the Eikenhof shooting by the SAP
has led to the finding that a school bus carrying white
children was the intended target of the gunmen. In response
to this Law and Order Minister, Hernus Kriel, promis~d t6
increase security for school bus~s south df Johannesburg. The
Afrikaaner Weerstands Beweging (AWB) has pledged to take
matteis into their own hands if the SAP fail to protect
'~hites. One of the slogans used by the AWB in the area which
has fuelled tensions is " one settler one taxi"- a direct
ref.erence to the the PAC's slogan "one settler one bullet."
On March 24, ~ony Cancer (55) was fatally wounded when four
men opened flre with AK47 s near Boi~atong. Concer of
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Vanderbijlpark died on the way to hospital. These racially
m9tivated attacks seem to be on the increase and the~~ does
not seem to be an early end to the attacks in sight. As
mentioned in the February report, the Board believes that
this type of attack will increase the nearer the co~ntry
comes to free and fair elections.
The government has not taken the attacks lying down b~t there
actions have puzzled the majority of township residents -
particularly the actions of members of the Internal Stability
Unit who have been protecting the school buses . When black
school children were attacked in Natal ho such protection was
afforded to them . Similarly - attacks on shebeens, night
vigils, trains and taxis have been the order of the day in
black townships - they too are soft targets - and yet similar
measures have not been introduced . This in many instances has
increased bitterness and in particular has entrenched the
feeling that black life is cheap.
A spokesperson f or the PAC's intellige nce wing, Romero
Daniels, said [rom Tan zania on Wednesday, March 31 1993 that
ApIa was not resonsible for the recent spate of attacks on
white civilians. He said ApIa was concentrating their efforts
on members of the security forces.
I , • -20-
Despite this denial, the government has announced the arrest
of eighteen members of ApIa for alleged violent attacks
against whites , President FW de Klerk also announced a major
Defence Force , call up as part of a comprehensive action plan
for areas affected by terror attacks.
VI.N~TAL
The upsurge of violence in Natal that left 120 dead ' last
month has not abated. Rather conflict has escalated this
month, with three brutally executed, INTER-CONNECTED ambushes
shatte~ing communities and wrecking any chances of peace.
The first massacre was perpetrated on school pupils at Table
Mountain, outside Pietermaritzburg. The pupils where being
driven to school in the back of "a bakkie when between five
and seven gunmen opened fire from both sides of the road.
After mercilessly pumping bullets into the vehicle for ten
minutes, the gunmen fled the area . Twenty-four spent AK~47
cartridges and two live .303 rounds were found at the scene.
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six children were killed and the driver and six other pupils
were injured in the brutal attack. ';:
Amid speculations that the slaughter was a deliberate attempt
to derail multi-party talks, a top-priority investigation has
been launched into what the police regard as a ~well-planned
ambush~.
Three men (one is 6nly 17 years old) described as ANC
supporters have been arrested. Their cas'e has been postponed
until next month.
Possibly motivated by revenge, the second attack occurred
just days after the first attack, while communities were
still realing with shock. The attack occurred only ten
kilometre~ away - at Nkanyezini village - when a minibus was
ambushed by an unknown number of gunmen, who opened fire with
automatic weapons. ApparentlY the gunmen then approached the
minibus and fired with shotguns at point blank range, leaving
powder burns on the bodies. Four men and six women were
killed.
Three men have been arrested and will appear in court next
month.
• -22-
The ' third attack occurred when gunmen ambushed a bus outside
Wartburg. The bus was carrying ANC supporters to
Pietermaritzburg for the court hearing o£ three ANC members
accused ' of ~illing the six children in the first attack. The
gunm7n were sitting on an embankment on th~ side of the road
when "they opened fire and hit the bus several times. Three
men 'and one, woman were killed in the attack. A KwaZulu
Polic,eman ha~ been taken into custody for the attack.
Despite calls from both the ANC and IFP for communities to
remain calm and not to seek revenge along partisan lines,
Nelso~ Mandela and Mangosuthu Buthelezi did not attend the
same funeral services for victims of the massacres.
Later t~is month a fourth massa~re was narrowly averted when
a ,KwaZuluTransport bus was ambushed near Margate. Four
people were wounded in the hail of AK47 fire.
The three ambushes are to be the subject of a Goldstone
Commission of Inquiry.
In the wake of the three ma s sacres, isolated incidents of
violence have also been reported which have resulted in more
( -23-
deaths in the region. \-
VII. REEF VIOLENCE
Minister of Law and Order , Hernus Kriel, said in Parliament
earlier this month that one in a thousand South Africans is
murdered every year and one in 70 assaulted. Kriel said that
20 135 people were murdered in 1992, more than 55 a day and
about 2.3 every hour. Every two minutes someone was
assaulted, which meant 775 . 72 people were assaulted every day
and about 32.32 every hour. The Human Rights Commission (HRC)
said at least 3 499 people died in political violence in 1992
- an increase of 35% over the 1991 toll. The HRC said the
death toll amounted to an average of 9.6 deaths a day.
7.1 Train Violence
Following the murd8r conviction of Xolani Mnguni - for
stabbing and forcing William Alphane under the wheels of a
train - last month, more charges have been laid against
. perpetrators of train attacks this month.
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Most ~notably, IFP-~ember Albert Dlamini of the Katlehong
Hostel has been charged with the murder of . three people in a
train attack on 9 October 1991. Charges against Dlamini
inclu~~ ' three accounts of murder; nine of attempted murder
and one of illegal possession of firearms C}nd ammunition.
The ~tate alleges that Dlamini, and a group of men armed with
an assortment of weapons, attacked a train between Kwesine
and Germiston stations. Three people were killed in the
attack, after being thrown from the train.
In c6urt a witness stated that he and Dlamini were to be paid
by an unidentified group to carry out attacks on commuters.
Although three eyewitnesses identified Dlamini as having been
one of the attackers, in the final jUdgement Dlamini was
sentenced to ten years' imprisonment for the conviction on
one charge of attempted murder, and one of illegal possession
and use of a .38 revolver.
In handing down the sentence, Mr Justice Else commented that,
due to the fact that several groups were involved in the
attack, it could not be proved that Dlamini had pushed the
victims off the train.
(
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The third murder trial this year arising from tra~n attacks
involves the ·charging ·of learn Bongani Mazibuko and Michael
Mguni (both of Mapetla Hostel, Soweto) with murdet and
attempted mutder arising from an attack on commuters on
october 17 1991.
In this case too, the judge felt that the state had not
proved beyond reasonable doubt that the two men had taken
part in the attack. This was because although two witnesses
had identified Mazibuko as their assailant and a third had
identified Mguni, both men had produced alibis.
Despite the proclaimed intention by the authorities to ens~re
safety on trains, four more train attacks were perpetrated
this month, leaving four dead and two injured. Three of the
four attacks occurred on the Rand .
The persistence of attacks on train commuteis in the face of
so-called visible policing begs the question of the
authorities as to whether they are doing as muc~as possible
to prevent the attacks.
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7.2 ' The Vaal ,
Black policemen in the riot - torn killing fields of the Vaal
Triangl~ have demanded the removal of their white superiors
-alleging that while they use illegal firearms to kill
township residents, some black policemen do not have official
weap,ons to protect themselves and their' targeted families.
The allegations are detailed in a memorandum drawn up at a
recent meeting of 190 disaffected black officers. A
spokesperson for the SAP said that as far as he knew the
memorandum was "an internal matter". He said the complaints
had been dealt with at the highest level.
The most serious allegations in the memorandum concerns
firearms confiscated during raids. "We are aware that these
(white) members do not want to help us", the memorandum says.
"It is because they want to do their duties alone, because
during the tour of our duty they use unofficial and
unlicensed firearms seized from the public. When patrolling
black residential areas after sunset, they always say that
they are out for sport, then they start s hooting at random".
( -27-
The policemen also allege that there is a disregard for their . ~~'\
safety by their white colleagues. The memorandum accuses the
police force of not providing them with transport home from
danger zones - despite killing of black police officers,- they
are forced to walk through the townships. The policemen also
complain of not being issued with bullet-proof vests although
these vests are issued to certain municipal policemen.
The memorandum says there are still black policemen at
Sebokeng PoLice station, the Evaton Municipal Police station
and the mobil-e unit who are not armed despite the killing of
many black policemen in the area,
.The memorandum ends by recommending that Sebokeng be searched
thoroughly for firearms which should then be confiscated and
not be "kept by some members of the force for . private use".
It also says that wherever operations are carried out in
black residential areas, black members of the force should be
in charge, "white members do not know black residential
areas. We know our place better than whites". The memorandum
recommends that all white commanders in the black re"sidential
areas should be removed and be replaced by black commanders.
-28-
7.3 The East Rand
7 . 3.1 Thokoza
Two pol.iceme,ri from the Brackendowns police station, on the
East ~and, were suspended from their dutie~ on 'Tuesday March
,9 f61lowing the fatal shooting of a six-year-old boy in a
shack at a squatter camp about two weeks ago.
A police spokesperson said three firearms had been sent for
ballistic tests and a decision would be made whethe,r to
prosecute the ,policemen once the investigation has been
compley:ed.
The SAP said four policemen f rom the police station were on
duty in Alrode South industrial area about 50m from Thinthwa
V~llage, near Thokoza on February 26 1993. Two shots were
fir ed by two policemen, allegedly in to the ground. It is
beli e ved that one of these caused the death of Thabang
Johanhes Lebakeng, Lebakeng was s hot dead in a shack while he
sat waiting for his grandmother to dish up his food.
I}NNc2i'-web C'" ( -29-
Attack on Inkatha Freedom Party (IFP) members on September 8
Phola ,Park resident Michael Phama (45) . pleaded guilty to the
killing of 16 hostel dwellers in the Alberton Magistrate's
Court in March. IFP members were ambushed in Thokoza on
September 8 1991 on their way · to an IFP rally at the Thokoza
stadium.
Phama said that he was one of three people involved in' the
attack. During the Goldstone Commissioh of inquiry into the
incident it became clear during the course of
cross-examination by counsel for the police that a section
' leader in Phola Park, one Mncugi Ceba was a police informer
and a key instigator in the above attack. A warrant has since
been issued for his arrest. Phama has al~o implicated
Johnson Mbotani a former Phola Park resident in the attack.
A Board investigation has revealed that Mbotani was head of
the self-defence unit (SOU) in the area and that he was
responsible for the training of other SOU members, he
allegedly provided the weapons and was instrumental in the
planning of attacks. Phama claims that Mbotani was his
-30-
"chief~ ~nd th~t he ordeted him to attacik theIFP member~. He
also alleges that Mbotani said that if you bave a firearm in
your possession, "you must , not 'be arrested, you must fight".
Th,e BO,ard's investigation has also revealed tha't Mbotani is
now working as a police informer.
" Phama ~lso plehded guilty to 16 charges of attempted murder.
He also admitted that he was one of the attackers who in
February 1992 opened fire on the Old-Vereeniging road on a
mini-bus belonging to the Rand water Board. He denied that he
killed ' four people in the incident and injured others because
he claimed that he shot at the wheels of the vehicle. Phama
said they attacked the mini-bUS because the day bef~re the
attack oscupants of the mini-bUS attacked women in Phola Park
wh~ha~ gone to fetch water. ~hama a l so pleaded guilty to the
murder of a traffic offic~r Jacobus Lukas 'van der Merwe on
April 14 last year. H6wever, his plea was chang~d to not
guilty when he saici that it was his colleagues in the bakkie
that had opened fire on ,the traffic officer.
The case has been postponed for a Supreme Court date.
--31-
The Board is extremely concerned about the role of Ceba and "
Mbotani in the above attacks particularly in light of the _
information that they are police informers. The question
needs to be raised as to whether some members of the SAP were
a~are of the attack on the IFP before hand and did nothing to
prevent it.
The Khumalo gang
Members of the Khumalo gang who have been terrorsing Thokoza
residents for over a year were arrested for the fourth time
this month. For a detailed account on the activities of the
gang please see the Board's December-January and February
1993 reports.
In a startling confession to the city Press newspaper by
leader of the gang Archbishop Solomon Mbhekiseni Khumalo of
the Light of God Church in Zion said it was possible he might
have killed several of his alleged assaila nts when he
returned fire each time he was under attack. The ~8-year old
staunch Inkatha member appeared in the Alberton Court on
Friday March 19 on charges of arson, murder and attempted
murder. Khumalo told the court that he, his sons and brother
-32-
have ~~en invo~ved in several wild shoot-outs with comrades
and residents of Thokoza since June last year. Khumalo his
br'other Mphekeleli Alfred Khumalo and his sons Jabulane and
Mzwakhe ~ere arrested on Tuesday March 16 along with other "
members of the gang.
Khumalo told city Press that the police confiscated a number
of weapons including a licensed firearm. Khumalo was arrested
in January in connection with the illegal possession of
AK-47s - and was out on R2 000 bail.
Khumalo - and his family were refused bail and magistrate TJ
Green ordered that the Khumalo house in Mdakane street,
Thokoza should be placed under police guard while he remained
in custody .
Khumalo appeared in The Rand Supreme Court on murder charges
on March 31. The case is continuing .
He will also appear in the Alberton Magistrate's Court on
chirges of arson, murder, attempted murder and possession of
firearms on April 7 and 15.
( -33-
7.3.2 Katlehong
The Board is currently investigating two cases in Katlehong.
The first involves an incident on Wednesday March 17 when
standard 10 pupils at the Ekatsang Secondary School were
fired on by members of a security company while they were
playing football. Michael Liphoko was killed instantly and
two other youths - Morapedi Pharoe and George Mlaba were
injured. Charges have been laid and arrests have been made.
The security guards claim they were under attack by a group
of youths and opened fire in self-defence. The pupils playing
football say they did see about 20 to 30 people run across
the field during the match but the game continued. Mlaba said
he then heard a shot and saw a security guard in a white van
open fire with a shotgun. He started running and later
realised he had been shot in the leg.
The second case being investigated by the Board is a shooting
incident in Holomisa Park in early Mar~h which left at least
six people dead and several injured. A preliminary
investigation has revealed an organisation calling itself
Vukosa has taken over the distribution of Operation Hunger
food in the area and have been accused of only given food to
their members and selling the rest to the residents of
Holomisa Park. Houses of Vukosa residents were burnt and
sever~l' were killed. The Board has past on all information it
has gleaned about the conflict to Bell Dewar and Hall the
attorneys acting for the people of Holomisa Park.
7.3.3 Hunger sfrike at Modderbee Prison.
.J
On Monday March 29, two Board researchers visited prisoners
at Modderbee pr"ison in Benoni and were informed that at least
43 awaiting trial prisoners had been on hunger strike since
March 22. The prisoners all ANC members from the East Rand
suspended their strike on March 30 after the prison
authorities agreed to respond to their complaints.
The prison authorities have however, denied that a hunger
strike took place.
The awaiting trial prisoners complained a~out the food,
saying that it was below standard and that they were only
given two meals a day instead of three . The prisoners also
said that dogs were set on them in order to force them to
eat. " Other complaints included allegations that ANC members
from Phola Park were put into cells with IFP members and that
the latter
- 35-
were urged by warders to assault the former. Medical
treatment was criticised - prisoners said they received the
same treatment no matter what the ailment.
One prisoner, Michael Feni is reported to be coughing up
blood and has been transferred to the Modderbee Prison
Hospital others have been transferred to the Boksburg Benoni
Hospital.
ANC chairperson Smilo Ngwangwa of Phola Park was transferred
to Katlehong Police station on Sat~rday March 27 and was
supposed to be taken to hospital. The Board saw Ngwangwa at
the police station on Monday March 29 and he informed us that
prior to the hunger strike he weighed 75,8 kg. He now claims
that he weighs 63 kg. He complained of a sore hea d and neck.
The Board is particularly concerned about Ngwangwa as he is a
diabetic and as early as October last year a pri~on medical
doctor said that Ngwangwa should be sent to hospital however
the investigating offic er refused permission as he believed
Ngwangwa would escape .
The Board has s ince informed Amnesty International and the
International Red Cros s of the situat ion .
-36-
VIII. EASTERN CAPE
8.1 Attack on Malcolm Hepburn
Five right-wingers - four of them AWB members - were
convicted for the bombing of a farm store belonging to
Malcolm Hepbur.n (an ANC supporter) in Patensie in January.
~ .
Two top AWB regional figures, Barend Mostert and ·Petrus
Lombard, were each fined R1000 or six months. Andre Young,
who was describe~ as the "ringleader" was sentenced to seven
years' j ~ il .
AWE member, Frans van der Walt, who procured the explosives,
was sentenced to six years. The only non-AWB member, Andre
Vorster, was given seven years. I
In Fort Beaufort a racist attack was perpetrated against a
reunion "of five white school friends. Th e five were
-37-
sitting in a motel when three black men entered the motel and
began firing at them with automatic weapons. One of the young
men was killed. Residents suspect ApIa is responsible.
8.2 The Goniwe Inquest
"The Eastern Cape, transformed into a time-bomb because the
government had failed to meet demands by residents, - sending
shivers down the spines of the country's securocrats" (Brian
Sokutu, The star, 29/03/93).
Part of the explosion involved the rise of prominent members
of the community, such as Matthew Goniwe. The security
establishment recognised the danger inherent in the rise of
such community-based activists and was adamant to quash their
activities.
Of particular concern during 1985, were a group of activists
in Craddock, who, under a UDF umbrella, had mobilised the
community around political and economic issues. Singled out
~mong this group was the Craddock civic leader, Matthew
Goniwe.
-38-
Matthew~oniw~ was found murdered on June 27 1985, alongside
three f~llow UDF activists: Sicelo Mhlawuli, Sparrow Mkonto
and Fort Calata. The . bodies were found behind bushes on a
road near Bluewater Bay two days after they disappeared.
Almost eight years after the deaths of Goniwe,> Mhlawuli,
Mkonto and Calata, their murders have become the subject of
an offi~ial inquest.
The present inquest is the second inquest into their deaths
as the first inquest, held in 1989, failed to identify the
killers.
The inquest has been re-opened in part due to the surfacing
of new evidence which suggests that SADF Intel ligence Chief
of Staff, Major-General Joffel va~ der Westhuizen sent a
military signal to "permanently remove" Goniwe from society.
Van der Westhuizen was at that time a brigadier in Eastern
Province Command . Also suggested is the fact that Goniwe's
murder was perpetrated by ~ special SADF civilian unit called
"Hammer", which was established by van der Westhuizen in the
early 1980's.
' , 1"1
-39-
As the inquest unfolds evidence has been heard to the effect
that a military signal was in fact sent three weeks prior to
the murders, on June 7, 1985. The signal was a written record
of a telephone conversation between Van de"r westhuizen and
General Johannes van Rensburg, and it called specifically for
the "permanent removal from society" of Matthew Goniwe.
An affidavit from Colonel Lourens du Plessis of the Eastern
Province Command said that he had drafted and signed such a
signal. A signalman at Eastern Province Command at the time,
Ii J Pretorius said he was responsible for sending the signal
and that it had been signed by du Plessis. According to
Pretorius, such a signal would" be kept for three months and
then destroyed. In addition Louis Philipus coetsee of the
SADF has concluded that the signal did exist.
In his affidavit, van der Westhuizen said that he did not
remember such a signal being sent and that if indeed the
signal was sent to Gen Van Rensburg by the Eastern Province
Joint Management Committee (EPJMC) the words "Permanently
remove from society" ... could have meant that persons should
be removed from society "through the medium of long term
detention". Van der Ivesthuizen failed to explain why, if this
-40-
was the case, wa~ the command phrased in such an ambiguous
manner.
Van Rensbutg (t~~n head of strategies in the secretariat of
the Stat~ Security Council) admitted to having , received the
signal but denied that it was an order to kill Goniwe and his
fellow activis~s, and claimed that he, too had understood the
"permanent remov'al" to refer to detention rather than death.
Mr George Bizos, sc (appearing for the Goniwe family) put it
to Van Rensburg t ,hat this could not be the case as neither
section 2? nor 29 of the Internal security Act made provision
for the "permanent" detention of people.
On cross-examination Van Rensburg became more hesitant and
admit;ted that the wording of the signal had "troubled" him,
as it could have been interpreted as a death warrantl
Later on Van Rensburg contradicted his own former evidence
that he had destroyed the signal, by stating that he had
probably given the signal to "Mr Stemmet", who worked under
him at the state Security council.
-41-
In a further development, Colonel Lourens db Plessil
testified to the effect that the signal used terminology
which was commonly employed in the military to refer to an
order of assassination, and that this was indeed the desired
meaning of the communique - "if there had been any other
meaning other than that Mr Matthew Goniwe, Mbolelo Goniwe and
Fort Calata should be killed , I would d e finitely not have
used the words 'permanently remove from society ' '' .
An interesting turn was takeh when Bantu Holomisa caused a
stir by releasing a copy of a comprehensive plan by South
African Military Intelligence to "destabilise the Eastern
Cape ".
The plan, which was codenamed "operation Katzen" , called for
the Eastern Cape to be "turned into an independent power
- block against the ANC and UDF by Decembe r 19 8 7".
Holom i sa claimed tha t the plan was drawn up on instructions
from a full state Security C6uncil me e ting held in Port
Elizabeth just weeks before the signal message was sent.
-42-
state President F W de Klerk has denied any knowledge of an
order to assassinate Matthew Goniwe and others.
As the hearing continues the words of New Nation (05/03/1993)
seem of particular relevance:
"~t there ~is anything characteristically unique about some of
the eviderice, it must be the great lapses of mem~ry on the
part of key military officials named in documents relating to
the assassinated activists" (New Nation (05/03/1993)
IX. CONCLUSION
The Board once again wishes to express its concern over the
increase in the number of racially motivated attacks in the
country. The- polarisation between black and white in some
areas is of particular concern .
Collection Number: AG2543 INDEPENDENT BOARD OF INQUIRY (IBI) Records 1989-1996 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012
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