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Independent Board of Inquiry POBox 32293 Broomfonteln 2017 Johannesburg South Africa
Phone (all) 403 - 3256/7 Fax (01 1) 403 - 1366
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Reporllor Nov. -December 199.J \ IBI
Copyright otice
Members of the public are free to reprint or report inform~t.ion, either in whole or in part,
contained in this publicntion on the s trict understanding tha t the Independent Board of
Inqui ry is acknowledged.
Otherwise, no pnrt of this publ ication may be reproduced, s tored in a retrieva l system or
transmitted in nny form or by any means, electrical, mechanical, photocopy, recording or
otherwise, without prior permission of the publisher.
BOARD MEM BERS:
Dr Alex Boraine, Rev Frank Chi ka ne, Mr Brinn Currin, Reverend Mvume Dnndala,
Prof John Dligard, Ms Sheenn Duncan, Mr Peter Kerchhoff, Mr Norman M<1 noim,
Ms Emma Mashini ni, Br Jude Pieterse, Archbishop Desmond Tutu
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IBI
TABLE OF CONTENTS
INTRODUCTION :
1. STATE INSTITUTIONS:
1.1 South African Police Service (SAPS)
1.2 Torture & Death il \jolicc CuslOdy
1.2.1 Bellville Murder & Robbery Unit
1.2. 1 (a) N:l7.ccm Jacobs
1.2. 1 (b) Amos N~ara & Audile Mkhos:ln:l
1.2.2 Ihixton Munier 'II U.I Robbery Unit
1.2.2. (:I) David Sclcpc
1.2.2 (b) EW:lrt Mabnd:!
1.1.3 in<ILlcs ts
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1.1.3. (a) D:lnici Duke Senne
I 1.3. (b)Zwclakhc MLin~nllc. lS:l:lC r-.1ascbisc & Errol Zulu
1.1.4. Sowcto
1.1 .5 Nort h-West
1.1.6 Constab le Lubbc
1.1. 7 Death or Sifiso John l\l:Igubanc
1.1.8 Stcye Bilw
1.1 .9 THIRD FORCE
1. 1. 9 (a) ASS:lss in:lt ions
I'cbco 3
Report for Nov-December 1991
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Report for Nov·Dcrember 1991 IBI
J allie Ma jloll)'a IJ
Brian Ng<lulunga l'
Bheki Ml angelli l'
1.1 9 (b) Bombings l'
1.19 (e) Adri aan Vlok 15
1. 1.9 (d) Arms & Ammunit ion 15
Tr:lnskei 16
1.1 .9 (c) Inl<atha Freedom Pal-I), 16
L 1.9 (f) Colonel de Koe k J7
1.2 Sou lh Afr ie!lIl N:ll iona l Defence FOI-ec (SAN DF) 18
l .3 Prisons 19
1.3 1 Hunger Strikes 20
1.3 .3 Van der Wall Commission 1I
1.3...1 Torture ill Boksburg Prison 21
3. RIGHT WING 22
3.1 Professor J ohan IIc)'Jls 11 • 3.2 RighH\'ing Trials lJ
4. PAN AFRICAN CONGRESS (PAC) 24
4.1 Trials 2~
5. TRUTH COMMISSION 25
6. ATTACKS ON INDIVIDUALS 27
ii
IBI
6. 1 Walter Sisulu
6.2 Tanl.:iso NlSuba
6,3 M cluli Whccdon Mbul:lwa
6.4 Thall1i Mee,'w:1
6.S David Sobiso
6.6 Amos Falm.Mtll:I I' 19oduka .Dcsmond l\'l apill!l and Charles Jack
G.7 Vusi Vila lmzi
7. NATAL
. -7. 1 KZP lI il StlU:U!S
7.2 Port ShCIlSlOl1 C - Bhoboyi
7.3 Christm as Kill ings
K waMbon:unbi maSS:lcrc
7.4 A manzimto ti
8. EAST RAND
8.1 Katlehong
• 8.2 Thokoza
8.2.1 ASS:lUlt of SANCO Thoko7...1 brallch IC:l.dcrship
8.3 Vosloorus
S.4 Vaal Triangle
8.4. 1 Tonu rc
8.4.2 Complainls invcslig.1tion VIIi I
In
Heport for Nov-December 199-1
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Report for No,,~Decemlx!r /99-1
8A.3 Boip;uong
8AA Scbokcng HosIe!
9. TAXI VIOLENCE
10. CONCLU SION
181
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43
45
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IBI Report for NOI'·DecemiJer 199-1
INTRODUCTION:
With local elections scheduled for October 1995 tensions within local civic organisations
are beginning to emerge. The once cohesive civic organisations under the bnflne-f of the
South African Civics Organisation (SANCO) are splitting and rival organisations are
being formed to contest t~ forthcoming elections.
Violence has flared in Duduza and Tsakilne on the East Rand, in Secunda in the Eastern
Transvaal, CoJesberg in the Northern Cilpe and in parts of Na ta l.
--In KwaZuiu / Natal the position of trilditional authorities in relation to local government
structures is crucial. Traditional leaders are lobbying for thei r tribal areas to be entrenched
.:md to exclude stich "feas from local government authori ty. This position has been
supported by the Inkatha Freedom Party who have vowed not to recognise a local
government elector,,1 system that does not take into account the wishes of the tribal chiefs.
The issue is contentious as the violence in KwaZlilu / Nata l has always been about control
of territory.
Violence erupted outside the Langverwacht town council offices in Secunda in mid
December when a group calling themselves the Embalenhle Residents' Association tried
• to occupy the town council offices at Langverwacht. About an hour la ter a second group
of people arrives representing local civics. The police intervened and were fired upon,
allegedly by the approaching group. Two policemen was seriously wounded and four
members of the civic association were killed. There was a similar clash between the
SA TCO aligned civic in the Langaville squatter camp in Ts..lkane and the TsoelopeJe
organisa tion. The clash left the SANCO vice-president Johannah Motau and Tsoelepele
president Leon Rants<lne dead. Rantsane was shot in the head and stomach and Motau
was hacked to death.
Report for NOI""December 199-1 IBI
Violence erupted in L1ngaville over Christmas. Motau's shack was set alight on Monday
afternoon in apparent retaliation for the burning of offices belonging to Tsoelopele.
According to residents, trouble started three months ago when Sanco allegedly tried to
t.:lke control of the L..1ng..1ville squatter camp, which is purported to be under Tsoelopele
control .
A meeting was held between the two groups to discuss the elec t.i ons. When Tsoelopele
pulled out of the elections, SANCO went ahead and created a parallel s tructure of the
squatter camp. Tension arose on December 26 when SANCO members allegedly launched
an attack on the Tsoelopele offices. In retalia tion shacks belonging to SANCO members
were burnt d own.
The deb..1te surrounding the related issues of public disclosure of illegal covert activities
nnd indemnity moved into a higher genr during November and December, following the
publication of the draft "Na tional Unity and Reconciliation Bill", and media exposure of
information detailing covert security force activity contnined in affidavits handed to the
Golds tone Commission during its investigations into the third force. These highly
contentious issues s t..1rkly renect the divisions that exist within the Government of
Na tiona l Uni ty and w ill remain high on the political agenda throughout 1995.
Allegations of serious police misconduct continue to plague the SAPS. Allegations of
torture and calls for thorough investigations into deaths in police custody continue to sour
•
the movement towards developing a human rights culture and image within the SAPS. •
Senior SAPS management continue to deny the veracity of the vast majority of allegations,
claiming that such ..1l1eg..1tions are designed to undermine the SAPS and do not renect the
reality of the situation. This attitude, which is consistent with the culture of cierual and
conspiracy that exists within influential sectors of the SAPS, re-inforces the existing
negative image held by many South Africans about the predominantly white SAPS
command structure and continues to se t back efforts to establish community confidence in
the police.
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181 Report for Nov-lJecember /99./
1. STATE INSTITUTIONS:
1.1 South African Police Service (SAPS)
There has been considerable speculation in the media that the senior echelons of the SAPS
did not support the GoveijUUent of National Unity (GNU). or more specifically the
majority party in government, the ANC. This speculation was fuelled by a number of
incidents, at a national, provincial and regional level.
In KwaZulu /Natal, investigations are currently underway into the police's reluctance to
investigate incidents of violence , .... here victims come from ANC supporting areas.
Individual incidents involving executive members of ANC governance re-inforced
perceptions that all was not well. At the end of October, the national Minis ter for Safety
and Security, Mr Sydney Mufamadi was assaulted by traffic policemen in Pretoria, after
he double-parked outside a fa st-food outlet. A few days later Regional Cauteng MEC for
Housing, Dan Mofokeng was allegedly assaulted by SAPS members following a concert in
Johannesburg. Rumours of tension between Cauteng MEC for Safety & Security and the
Regional Commissioner, Lt Gen Calitz spread after a charge of "obstructing the course of
justice" was laid against Ms Duarte by the SAPS. (The charge was subsequently
withdrawn)
On his return from the Middle East in the beginning of December, President Mandela
accused the SAPS of "declaring war on the ANC". A hastily convened meeting between
SAPS generals, President Mandela and Sydney Mufamadi led to the generals pledging
their full support to the President and the GNU. Regional meeting between MECs and
their SAPS counterparts appear, for the moment, to have smoothed over tht: crisis.
However senior SAPS staff remain sceptical of the enormous changes currently
underway, as the national Ministry attempts to integrate South Africa's eleven police
services, and through a process of affirmative action create a more representative
3
Report for No v·Det:ember 199-1 IBI
command structure. The General staff at present consists of 48 white men and 3 black
men . There are currently no women on the staff. By the year 2000 rad ical changes in the
make·up of the staff are expected . At this s tage there has been speculation that the General
Siaff will be replaced by "The Big 40", of which 24 will be Black generals, 4 Indians, 4
Coloureds and 8 Whites.
In early November, Minister Mufamadi announced the setting up of a five member
committee to probe the rash of pre·election promotion and said that " if injustices did
occur then steps should be taken tha t will be seen as corrective" . On December 8,
MlIf"nl"di called for more affirmative action concerning the issue of promotions. This
followed the release of statistics which showed th"t of the 7 719 black, coloured and
Indian police officers promoted, from J"nllary to September 1994, only 605 received
commissions compared with 1168 commissions obtained by 3 722 white police officers
promoted .
According to the nation"l Minister Muf"madi between J"nu"ry 1993 and ovember 4,
1994, there were 26, 631 complaints lodged against SAPS members. 7309 policemen were
charged resulting in 2 447 convictions.
1.2 Torture & Dooth in Police Cuslody
Amnesty International have alleged that torture of suspects during interrogation is rife in
•
South Afric" and claim that extensive pol ice powers meant that torture had become part •
of Ihe "melhodology of investigation" (South 18/11 / 94)
1.2.1 Bellville Murder & Robbery Unit
There have been a spa te of allegations against the Bellville Murder & Robbery Uni t in the
yVestern Cape. Similar allegations of torture methods (electric shocks & tubing) to thoS(!
lI sed by the Vanderbijlpark and Brixton Murder & Robbery Units in Guateng Province
have been levelled against the Bellville squad. Many people interrogated by the uni t claim
that they were forced to make confessions. Suspects and nccused in the 5t Jnmes Church
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1B1 Report for NOlf·December 199-1
and Heidelburg Tavern Massacres, as well <1S the "Station Strangler" suspect, Norman
Simons, allege that they were also tortured. The accused in the Amy Biehl trial also
alleged that they had qeen tortured, but their nllegations have been undermined by
ii1consistent testimonies.
According to Thomas Winslow, co-ordinator of the Trauma Centre for Victims of Violence
& Torture in Cape Town there is collusion between various units. He points out that the
movement of suspects, particularly in high profile murder cases, by the SAP from area to
" area requires the co-operation of many policemen and suspects have ,!Ueged that they
were tortured by other policemen thl111 the Murder & Robbery unit in charge of the
pnrticular investigation. Amnesty International have also made similar allegations that
suspects have been moved to police s tations throughout the country and tortured . . -There is concern that allegntions of torture and serious police misconduct are not
investigated properly. Unlike Gluteng Province where the Police I~eporting Officer
(PRO), Advocate Jan Munnik has been increasingly active with the Complaints
Investigation Unit (CIU), serious complaints in the Western Cape are investigated by the
Internal Investigntion Unit (IlU). Thomas Winslow alleges that most members of the rru and the Murder & Robbery Unit are former security policemen and through inference
shnre n common culture. The Western Cnpe has also been without a PRO since April 1994,
when Christof Pauw resigned amidst criticism from human rights organisations that not
one single charge had been laid by his office against the SAPS despite considerable
• pressure to do so.
While charges have been laid against the SAPS, South newspaper writes that "magistrates
have generally snid that torture claims will be investigated once the charges against the
accused have been dealt with". (South, 18/11/94) Complninants have also named their
torturers and, as in the case of the Vaal Triangle investigation, certain names are repeated
again and again. According to Lt Col Andre Campher, the commander of the Internal
Investigation Uni t (rlU) in the area, the commanding officer of the Bellville Murder &
Robbery Unit, Colonel Segal, has been mentioned in three cases currently under
investigation.
5
Report lor Nov-December 199.J IBt
1.2. 1 (a ) Nazcem Jacob,
Mr Nazeem Jacobs, accused of murdering a Platterkloof businessman, was shot three
times in the face and head after allegedly attempting to escape from the Bellville South
police station on November 7,1994. The SAPS claim that he as~,ulted a policeman with
his hnndcuffs, while they were trying to fingerprint him. Jacob's family have demanded
to know why he was being finger-printed again, having been "fingerprinted from one
side of the Cape to the other", and 24 hours after he hnd been tnken to the police station.
Jacobs wns taken from Pollsmoor prison to Bellville South police stntion by members of
the Murder & Robbery unit and allegedly told another inmate at the prison that he feared
for his life. Members of Jncob's family allege thnt Nazeem was tortured to death. They
claim that when they washed his body for burinl, they discovered that his fingernails had
been ripped out. They also reported that the deceased 's jaw was broken, his skull was
crushed and he had abrasions and bruises on his elbows and legs. The family pointed out
that this was not the firs t time that Nazeem had been tortured by the SAPS.
1.2. 1 (b) Amo, Nxaro & Andil. Mkhosana
The two accused in the brutal slaying of a Stellenbosch fnmily were shot on August 10,
after allegedly stnbbing n member of the SAPS who was escorting them at the crime scene.
NXilr.:l was shot dead and Mkhosana seriously injured.
1.2.2 Brooon Murder a nd Robbery Unit
1.2.2. (a) David Selepe
Following weeks of publicity surrounding the SAPS' investigation into the murders of
seventeen women in the Johannesburg suburb of Cleveland, the SAPS announced on
December 16 that they had arrested a man in Mozambique with the assistance of Interpol.
At npproximntely 17 aOhrs on December 18, the suspect, Mr David Selepe was shot in the
head by a member of the Brixton Murder & Robbery (BMR) Unit. He died in n
Johannesburg hospital shortly afterwards. The background of the suspect and the
6
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lSI Report for Nov-December 199J
circumstances surrounding his death became a focus of media attention during December.
The SAPS, to date, have rele<lsed only limited information about the incident. The media
has <11so released II number of contradictory reports which have labelled Selepe as "a
respected businessman", " loving father", "rapist", "fraudster" and "drug dealer". One
article reported "associates" of Selepe saying tha t he was a police informer and was about
to "staft singing" as Almond Nofamela had done and tha t the police had good reason to
silence him (Sowetan 23/12/ 9-1). Family members have alleged that Selepe was severely
tortured and would hav~ laid charges against the SAPS had he lived. Indeed there is
considerable speculation as to whether SeJepe was tortured.
On December 17, the d~y after his arrest, Selepe was chnrgeJ with the murder of thirteen
women. After his death the SAPS daimed that Selepe had "confessed" to the murder of --fifteen women, but had refused to sign the affidavits.
On the same day the SAPS said th"t Selepe h"d pointed out three murder scenes and was
due to point out others the following day, Sunday December 18. There is some confusion
as to who was present when Selepe was shot on December 18. The SAPS initially reported
that Selepe was taken to another crime scene by jnvestig~tors and that police
photographers and forensic men were also on the scene. Selepe was reportedly uncuffed,
enabling him to cross the uneven terrnin and wns asked to pick up certain objects for fear
that they may have been booby trapped. He allegedly picked lip a "tree trunk" and s truck
a BMR detective on the back causing him to fall to the ground. When he tried to strike the
• officer again, one of the other detectives allegedly fired several shots, hitting Selepe twice
in the head.
Contradictory police reports as to whether Selepe h:.d been h.tndcuffed or not during the
incident lead to calls for n high level investigation into the shooting. Major Gener." Daan
Le Roux nnd Brigadier Suiker Brits were appointed to head the investigation which is still
continuing and are in close contact with the Attorney General's office.
IBI h:.ve been informed by reliable sources that, on the evening in question there were
only two BMR detectives (one white Captain and one black Sergeant) with Selepe, and
7
li'c.'port for NOI··Dt.'CCmiJer 1991 IB I
that only one fatal shot to the head was fired (by the Sergeant). If this is the case, it must
be asJ...cJ why Selepe was taken to a remote spot so late in the nfternoon to point out crime
scenes, without photographers nnd with only two detectives present? It must also be
nsked why it was necessary to shoot the man in the head when he was armed with
nothing more th'ln 'l piece of wood? This is a direct violation of police s tanding orders.
IBI is also concerned th'lt a photogrnph of Selepe published in n locnl newspaper and
confirmed by the SAP as being the dend suspect looks nothing like the identikit of the
suspected "Clevebnd Strangler". The photograph of Selepe reveals conspicuous markings
on the face, that were either cnused by burns or a birth mark. No such markings appeared
on the identikit.
Despite Selepe's confessions, it is s till to be determined whether or not he was the
sllspected serinl killer. It is hoped that the investigntion into his denth nnd circumstances
surrounding his interrogation will be thorough and effective, leading to an inquest in the
very near future and that investigations into the Strangler murders continue.
1.2.2 (bl Ewart Maboda
On November 7, Ewart Mabadn wns nrres ted by members of the BMR unit at a telephone
exchnnge that he was running for his cousin in Soweto. According to his attorney, Mr
Mabada was arrested on a trumped up charge following the disappearance of a relative's
•
wife which wns then linked to the Cleveland Strangler case. Mr Mabada was taken to •
Brixton police station where he was severely assaulted and then subjected to severe
torture by means of electric shocks and choking. Mr Mabada alleges that he was made to
lie down and a metal rod was forced into his anus. This rod gave off electric shocks. He
was also tortured on various other parts of his body and photographic evidence indicates
tha t these markings are consistent w ith other torture allegations. Mr Mabada was
released, uncharged from custody the following day .
8
IBI Report for Nov·December 199-1
The Motor Transpor t Workers Union have informed 181 that two of thei r members, both
of whom were working as security guards, were arrested by members of Brixton Murder
& Robbery, in November and December respectively. Both allege that they were tortured
by Brixton detectives nnd their allegations are currently being investigated by the SAPS
Complaints Inves tigation Unit.
1.1.3 Inquests .. 1.1.3. to) Doniel Duke Senne
An inquest into the de.:lth of Duke Senne.:1 t the Moroka Police Station on January 15,1992
• has found former policeman, ~o!:stable Francios Engelbrecht responsible for Senne's
death . Senne and his mother were arrested after an altercation between the Senne famil y
nnd SAP members. Duke Senne was allegedly severely assilulted by Engelbrecht, but was
only taken to a doctor over 24hrs later, after Engelbrecht had allegedly refused to comply
to an order given by Colonel M J P Sibanzn. The cour t heard tha t Duke died from serious
head injuries caused by a heavy blunt object or n fal l. SAP Sgt J Rapeledi gave evidence
that he had witnessed Engelbrecht jumping hvice on Duke's neck while he lay face down
on the floor.
• 1.1.3. (b)Zwelokhe Mzinyon. , lsaoc Mosebise & Errol Zulu
A Lenasia Magistrate's Court heard testimony in November thn t two policemen, Dt
Constable S j Visser & former Soweto Flying Squad Constable C j Goosen, were paid R600
by fOtlr suspects found with an unlicensed firearm in Dube Village, Soweto, on October
2,1990. According to Linda Mtshal i, he and three friends, Zwelakhe Mzinyane, Isaac
Mnsebise and Errol Zulu were apprehended and after paying the money were told to
drive to Avalon cemetery where the policemen opened fire, killing Mziyane & Zulu.
Mtshali said he and Masebise were wounded, but he managed to escape. Masebise was
allegedly taken to his home where he ~as shot dead by the policemen. This testimony
forms part of an inquest into the deaths of 13 people between july 1989 and june 1993.
9
Report for Nov-lJi!remiwr 199.1 IBI
1. 1.4. Sowelo
Thirteen policemen appeared in the Johannesburg Magistrate's Court charged with one
count of murder, kidnapping and assault on December 5,1994 . The thirteen are accused of
breaking into the amedi High School in Diepkloof in April 1994 and attacking five men.
The case was remanded until January 5,1994. The accused are Gabriel Montsiwa, Leonard
Mda, Madume Mathepe, Johannes Mashilo, Dumisani Radebe, Zenzele Sithole, John
Mhhmga, Morare Ramag3shi, Daniel Leboko, Letlap3 Mmatla, Nelson Selamane, Frans
Maseboa, and David Mothebe.
1.1.5 North-We"
Residents of Lebaleng township, near Makwassie, are calling for the dismissal of
Constable K J Pretorius who is accused of shooting de3d s',m Mafolo and seriously
injuring Jsaac Letsie during an altercation in the early hours of 4 / 12/ 94. The SAP's
~ersion of events differs dramatically from those of residents who allege that Pretorius
had shot both men at close range after an altercation over "blinding" each {lther with the
brightly lit head lamps of their vehicles . The SAPS have been accused of a cover up over
the incident. A full report into the incident has been ordered by North West Safety &
Security MEC, Salish Roopa . Lebaleng Civic Organisation have also called for the removal
of the local station commander whom they accuse of being racist and resist3nt to change.
1.1.6 Conslable lubbe.
Constable R Lubbe, from the Soweto firearms unit was arrested on 8/12/ 94 after traffic
police stopped him for suspected drunken driving. Among the items allegedly found in
his car were 19 AK rounds, 16 9mm rounds, 1 288, .nd 3 false number plates. Lubbe was
granted R500 bail within 24 hours.
1.1.7 Death of Si~so John Mogubone
Two policemen, Andries Lukas Mosterd (26) and Frederick Hendrik Van Heerden (20)
were acquitted on one charge of murder and two of attempted murder by the Rand
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161 Report lor Nov·December 1994
Supreme Court in November. The strite alleged that on April 24, 1993, the two SAP
members fired on a white Toyota bnkkie, registration RFT 634, in which Sifiso Magubane,
Sipho Magubane & Gladwell Armstrong were travelling, having been told that they were
looking for a stolen red Toyota bnkkie, registration RFf 643.
Me Justice Thee Grobbelaar, put the incident down to an " unfortunate series of
coincidences" and that " the accused believed that they had reason to fire on occupants of
the car and this WrtS not neg\igent in my view". Grobbelaar rejected Magubane and
Hlube's evidence that they hact not been forewarned and the ir denial that Sipho
Mag ubane had pulled Qut a firearm .
. -1.1.8 Steve Biko
A former policeman who claims he has intimate knowledge of the torture and subsequent
murder of Steve Biko and was present during the torture has told the Azanian People's
Orga nisa tion (AZAPO) th" t h~ will assis t the organisation to find out who WCl S
responsible.
1.1.9 THIRD FORCE
• A li tany of allegations concerning police involvement in Third force activities are
contained in C1ffidavits which were given to the Goldstone Commission, and form part of
a report completed by the Commission and handed to the new government following the
April elections. Details about the report were however kept secret, despite briefings to
President Mandela, Deputy President De Klerk and Minister Mufamadi. ewspaper
reports quote Judge Richard Goldstone as having undertaken to publicly reveal the
information if it is not done so in the Truth Commission.
Selected contents of affidavits from several policemen, including former VlakpJaas Unit
Cl 0 operatives Willem Norlje and Andries van Heerden (former ABSA security chief) I
11
Report lor Nov·Derember 1m lSI
both of whom served under Colonel Eugene de Kock, appeared in several newspapers in
December, despite attempts by the Attorney General's office to gag them on the pretext
that such revelations could damage the prosecution against De Kock. Both orlje and Van
Heerden are scheduled to give evidence against De Kock later this year. The information
released contains damning allegations against De Kock, other Vlakplaas operatives, senior
SAPS officers, the former Minister of Law & Order Adrian Vlok, and members of the
Inkatha Freedom Party who were recipients of arms and ammunition since 1990. The
affidavits also reveal deceptive means used by the different security services against one
another. The SAP units allegedly made extensive efforts to conceal their activities from the
South African Defence Force and particularly Military Intelligence. Methods employed •
included, the destruction and/or tampering of evidence, selection of investigating officers
for ineffective investigations and the creation of alibis.
1.1.9 (a) A.sa .. ination.
Affidavits allege that;
Pebco 3
An unnamed former securi ty branch officer has confessed to his part in the abduction and
murder of three Port Elizabeth Black Civic Organisation leaders in May 1985. Pebco
president, Qaqawuli Codolozi, secretary Champion Calela and executive member Sipho
Hashe disappeared on May 8, 1985 after leaving the Eastern Cape township of
KwaZalekhe. According to Sgt "X", a report from local security branch claimed that the
three were receiving funds from the ANC in LU5..1ka for use in organising strikes,
consumer boycotts and stayaways, thereby furthering the aims of a banned movement.
Sgt "X" alleges that the three were abducted having been lured to HF Verwoerd airport
outside Port Elizabeth on the pretext that they were fetching a Canadian diplomat. They
were robbed, tortured and then killed at a disused police station 25kms outside of
Cradock .. He has implicated a number of policemen from Pretoria security branch,
askaris, as well as members of military intelligence and a Koevoet member (including a
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IBI Report for NOI'·Derember 199.J
general currently serving ns " br<l nch commander). According to Sgt "X", the three bodies
were put into pi:lstic bags ""J d isposeJ of the night after their abduc tion. These
allegJtions have led to.calls for re-opening the inquest and also a thorough investigation
into the death of Black Sash activis t Molly Blnckburn who died in a mysterious car
accident in that nrea in December 1985.
Japie Maponya
Maponya was abducted by \vo Krugersdorp security policemen in September 1985.
Maponya was brought to Vlakplaas where he was tortured. He was taken to the river and
interrogated by n black member of the V",kpJa;\s unit. Maponya refused to give any
information .,bout his brother, Oderile r-.. laponya, a member of Umkhonto we Sizwe. He
• was so badly beaten up that the Yl~kplaas policemen decided to eliminate him. The
Krugersdorp policemen were invited to accompany him to dispose of the body, but got
cold feet and returned to Krugersdorp. M<lponya was guarded by askaris at Vlakplaas
that night. He was taken the following day to Pie I Relief where a local securi ty policeman
took the group, including De Kock and Norlje to a place close to the Swazi border.
Mn.ponya was told to sit <lnd a shallow gr<lve W<lS dug. He wns then struck over the head
several times with a rifle butt nnd spades before being shot in the head. This is the first
evidence, that substantially backs the testimony made by Almond Nofamela to the Harms
Commission in 1990. At that time Judge Harms was impressed by the Colonel de Kock's
account of Vlakplaas' involvement with Maponya and had no difficulty in accepting thei r
denial of Nofamela's version . • SAP officers involved in the 1985 rnid on Lesotho in which eight people were killed
received Silver Cross medals from the Police Commissioner, General Van der Merwe.
Vlakpbas responsibility for the murder of four ANC activists in Chesterville, Durban in
1986 Vlakplaas involvement in the April 1989 attack on the Kahn family in Botswana
which left five people dead.
13
Report for NOI'·December 1991 181
Involvement of askari, Hugh Lugg, in the murder of a drunk young askari in early 1990.
Hugh Lugg had previously been a member of the ANC's Broederstroom cell. He later
informed on comrades resulting in the imprisonment of Damian de Lange, Susan
Donnelly, and Ian Robertson.
Brian Ngqulunga
Colonel de Kock and other policemen were involved in the murder of Brinn Ngqulungu
in July 1990. The nffidnvits allege tha t De Kock was worried that Ngqulungu would
re tr>1 ct his testimony, given at the Harms Commission, concerning the murder of Griffith
.\l\l'llgl'in lovcmber 1981. De Kock allegedly used the incident to "blood" two new
,\sbris. Ngqulungu was nUegedly kidnapped, bound, assaulted and then shot several •
times in the hend . His body was found close to the Morula Sun, in former
Bophuthntsw>1n>1 on July 22, 1990.
Bheki Mlangeni
11;:mgeni was killed by a bomb contained in a personal stereo in February 1991. The
parcel had been addressed to Dirk Coetzee who was in Lusaka at the time . Mlangeni 's
nnme and <lddress were written on the p<lrceJ <lS the sender. When the parcel was sent
bnck to Mlangeni he tried out the recorder <lnd was killed instantly. The device was
nllegedly tested on a pig's he<ld before the operation.
Six activis ts were lured into an ambush outside Nelspruit in April 1991 byVlakplaas •
operatives. Five were killed on the spot. Winnie Mandela's driver, Tlisetso Leballo who
was a lso present was a llegedly taken to another spot where he was sho t twice in the head
,wd his body was blown up with explosives.
1.1.9 (b) Bombings
The affidavits also allege Vlakplaas & other SAP involvement in; The bombing of Cosatu
House in May ]987 The bombing of a restnurant in Hillbrow in ]988 The bombing of
14
lSI Report for NO I'·Dece.mber 1m
selected cinemas to stop them showing the film "Cry Freedom"; The bombing of Khotsa
House in 1988
1.1.9 (e) Adri •• n VI ok
Following bombing of Khatsa House the then Minister of Law & Order, Adriaan Vlok,
congratulated the saboteurs at a party held at the VlakpJaas farm. The party was also
attended by a police general, a police brigadier and other senior SAP officers. Vlok was
also warned about speaking~oo openly in front of black members of the ylakplaas team
who were not aware of SAP involvement in the attack. Vlok responds by saying
allegations are premature and inappropriate and could jeopardise the truth commission.
He said that the commission was meant to investignte third force allegations which have ... ... surfaced over the years in a respon'S ible way. He claimed that the allegations were a
•
witch hunt and denied any knowledge of or involvement in such third force activities.
Following the revelations abou t Vlok's intimate knowledge of the bombing, former ANC
activist, Shirly Gunn, laid chn. rges against Vlok in December for claiming that she had
bombed Khotso House. Gunn was detained for 64 dn.ys under Section 29 of the Internal
Security Act. VI ok maintained that Cunn had been seen carrying 40kg of explosives to a
basement in Khotso House. The former minister has been charged with "defeating the
ends of justice" and "crimen injuria".
1.1.9 (d) Arms & Ammunition
The affidavits also describe the plunder of arms and ammunition from amibia by senior
SAP generals. Three raids were made by VI.kplaas operatives in 1986, 1987 and 1989. The
arms were transported from Namibia to SAP headquarters. Here they were guarded by
Koevoet members and moved from location to location to <lvoid detection by both the
i-I .. rms and the Goldstone Commissions. We .. pons brought to Vlakplaas were stored in
two safes at the farm to which only Colonel de Kock had keys. The arsenal included
AK47s, mortars, grenades, handguns and at least one SAM 7 missile. Farming equipment
15
Report for Nov-December 1991 IB I
was also stolen from amibia during these raids, and were taken to farms belonging to
several SAP generals.
Transkei
Another affidavit made in early 1994 by a former Vlakplaas operative alleges that an arms
cache that was discovered recently in a house in the Transkei were supplied by Vlakplaas.
The arms were destined for Brigadier Craig Duli of the former Transkei Defence Force for
use in the failed 1990 coup attempt against the government of General Bantu H olomisa.
Duli was allegedly shot dead in Holomisa's presence. Holomisa's antagonism towards
Pretoria and his obvious leanings towards the ANC give enough political motive for such
an operation. However the affidavit alleges that this was not the first attempt to dislodge
Transkei's military ruler. An earlier attempt by Military Intelligence had failed after their
men were apprehended by the SAP in Queenstown. Vlakplaas police were then allegedly
contacted by MI to execute the plan.
Although the affidavits explain that the relationship between elements in the SAP and
SADF were strained and attempts were made by Vlakplaas operatives to keep their
activities secret from the SADF, it is evident that there was co-operation, although to what
extent is not known at this juncture.
L L 9 Ie) Inkalha Freedom Party
Vlakplaas police allegedly supplied the IFP with arms and ammunition in its figh t with
the ANC on the East Rand and Natal from April 1990. The arms were distributed to the
IFP through well known members of parliament, a KwaZulu cabinet minister and other
senior IFP officials in Ulundi and Johannesburg. A current IFP parliamentarian was a
major player in the acquisition and distribution of the arms. He was given a 9mm pistol
for his own use. He and another rFP official were given state vehicles to transport arms
and for use at political engagements. The affidavits claim that the SAP almost stopped
dealing with this IFP member when it was discovered that he was also receiving arms
from Military Intelligence. Handgrenades supplied by the Cl0 unit at Vlakplaas were
16
IBI Report for Nov-December 199..J
kept in the Sc:lfe at ABSA's headquarters in Johannesburg and weapons were often stashed
in ABSA's basement for snfekeeping if routes to the East Rand were subject to roadblocks.
As the demand for weapons grew a privately owned engineering workshop in Pretoria
was commissioned to make home-made shotguns. The affidavit states that money used to
purchase vehicles was taken from secret funds amassed over a period of time through
false declarations of arms handed in and the falsification of receipts. The affidavits also
describe how the aforementioned IFP parliamentarian would often boast that "we hit
them" after train attacks on the Witwatersrand.
Senator Phillip Powell (IFP), formally in charge of training Inkatha's Self Protection Units
nnd connected to Eskom's sale of LM4s to the KwaZulu police (see fBI report - Election
Special), has been named in one of these affidavits as an operative of Vlakplaas' 0 section.
The bolts of guns found on an IFP member arrested in the Vaal were changed at the police
ballistic centre so as to avoid linkage with previous crimes.
One affidavit states that after the disbanding of the Vlakplaas unit in Apri l 1993, some
officers of the unit continued to train and arm the IFP, and that at least five hundred IFP
members had received a two week training course at the Umfolozi Game reserve in the
use of weapons, explosives and the planting of landmines.
1 .1 .9 In Colonel de Kock
• Colonel de Kock's trial date has been postponed until February 20, 1995. His defence
counsel have not ruled out the possibility of an application for indemnity, if he qualifies
under provisions in the Promotion of National Unity and Reconciliation Bill. If he does
apply, De Kock's trial would be suspended until further notice. However it is unl ikely
that he would be granted bail.
De Kock was transferred from the Adriaan Vlok police s tation to Pretoria Central prison
in mid December following revelations of the lax security at the police station, depicted
by the SAP as one of the securest in the country. Access to De Kock was extremely easy at
the police station and cell doors were often left unlocked. De Kock was allegedly worried
17
Report for Nov-December /99.J IBI
about his own security also, although this angle was only publicised after the conditions
of his custody were publicly disclosed. Rwnours of a planned escape abounded
following revelations that the prisoner in the next cell to De Kock had escaped after saw
blades and a bolt-cutter were smuggled into the police station. The authorities also
received considerable criticism about the five star treatment that De Kock was receiving,
including claims that De Kock had run up aRlO 000 phone bill on his cellular phone, and
had regular access to liquor and other materials usually prohibited for awaiting trial
prisoners.
1.2 Soulh African National Defence Force (SANDF)
Following exposure about an aborted deal concerning a consignment of AK-47's, va lued
at R2.B million, between Armscor and a Lebanese arms agent, Eli Wazan, a commission of
inquiry, led by Advocate Edwin Cameron, was appointed by Defence Minister Joe Modise
to investigate Armscor deals since 1991. A certificate that identifies Lebanon as the
country of destination turned out to be forged and in August 1994 the AK-47 consignment
which hild ended up in Yemen was redirec ted to South Africa. Under South African law,
arms a re not permitted to be sold in Yemen because of its recent civil war.
Armscor requested the inquiry be held in camera to avoid possible embarrassment to
•
countries that had violated the UN arms embargo. Cameron ruled it would be open to the t public and Sc1 id the commission would exercise discretion in hearing cer tain evidence in
camera only to protect witnesses and safeguard national securi ty and international
relations. Cameron said that the commission is not obliged to protect arms-dealing which
promoted or perpetuated apartheid. A secret Armscor document released by the
Cameron Commission contains information that sophisticated South African
communication systems which were bought by some of South Africa's neighbours,
including Zambia, were being tapped by the SADF. Such infiltration greatly facilitated
South Africa's mili tary operations against the ANC.
18
181 Report for Nov~Dec:eDJber 1994
Armscor disclo:;ed, in a report to Minister Modise, that weapons deals conducted during
the apartheid years included snles to Lebanon's Christian Militia and purchases from Red
China. The report, which Was submitted to the Cameron Commission, said that between
1976 and 1986 South Africa had bought nearly 40 000 AK-47's from Eastern European
countries sllch as the People's Republic of China, Poland, Romania, Bulgaria, Yugoslavia
and Hungary. During the period between 1985 and 1989 35000 AK-47's were purchased
for Norinco in the People's Republic of China at an average price of Rl00. The report also ... said that weapons were requested by South Africa's special forces to assist the Unita rebel
movement in Angola.
On November 261994, Acting Justice Cameron ruled that classified Armscor documents
• relating to South Africa's armaments trade should be opened for public scrutiny. The
South African National Defence Force withdrew its applicaUon to the Supreme Court to
review the Cameron Commission's ruling in favour of public disclosure. A~ a result the
secret document, which lists 179 countries which the old South Africa considered
potential arms buyers, was released to the public.
•
1.3 Prisons
An inmate at Johannesburg Central Prison has made allegations to IBI that at least two
cells containing 30 children per cell aged between 8 and 13 years old are being held at the
prison. These children are allegedly being kept in appalling conditions. The prisoner
alleges that the children are being sold by prison warders to gang members for sexual .. acts. The prisoner also told IBI that in December 1994 the juvenile prisoners had embarked
on a strike refusing to serve food to the other inmates. He claimed that this was in order to
protest against the warders' corruption, abhorrent living conditions, no appropriate forum
to channel their complaints and insufficient educational facilities. TBI has referred the
allegations to Lawyers for Human Rights.
19
•
Report for NOI,-t:Jec:emi>er 1m IBI
1.3.1 Hunger Strikes
On November 20 1994 the chairperson of the South African Prisoners Organisation for
Human Rights (SAPOHR), Golden Miles Bhudu, claimed that 400 prisoners had
embarked on a hunger strike at Johannesburg Prison. The prisoners agreed to end their
hunger strike following a meeting between SAPOHR and Justice Minister Dullah Oma r.
Bhudu warned that a national prisoners' strike would begin immediately if the
government failed to establish an amnesty resolution committee.
SAPHOR said that the organisation remained unhappy with:
• The way in which amnesty had been handled in the new South Africa . For example •
right-wingers had been granted indemnity while victims of apartheid were still
languishing in jail.
• The reduction of sentence was not comprehensive.
• Overcrowding condi tions were becoming unbei'lrable in South African prisons.
16 ANC prisoners, demanding amnesty as political prisoners, continued their hunger
strike at Leeuwkop prison. Tn a bid to persuade the prisoners to end who had been on a
hunger st rike since November 8, ANC Gauteng Legislature, Robert McBride visited the
group of prisoners. By November 23 the number of prisoners on hunger strike at
Leeuwkop Prison had risen to 24.
The prisoners suspended their hunger strike following a promise by ANC leaders Walter
Sisulu and Robert McBride that they would be released by Christmas. According to
Colden Miles Bhudu of SAPHOR, several of the hungerstrikers were released before
Christmas and negotiations with the others continue.
20
I
•
181 Report for Nov-December J99J
1.3.3 Von dcr Watt Commission
The Van dec Watt Commission, established in 1993 by the former State President, FW de
KJerk, disclosed on November 281994 that corruption extended into the senior ranks of
the departments of Correctional Services and Health. The Commission recommended that
it's findings be submitted to the Attorney-General with a view to possible prosecutions.
Former Correctional Services l\linister Adriaan Vlok and National Party MP Gert
Oosthuisen criticised the Va~er Watt Commission for making its findings without
affording them the opportunity to present thei r own evidence.
1.3.4 Torture in Boksburg Prison
Boxburg Prison inmntes were allegedly locked up in a room on November 6 and tortured
by prison warders. Inmates claim that electric wires were connected to their genitals,
fingers and the soles of their feet. City Press is in possession of photographs showing one
prisoner with fresh electric scars with blood clots on his back, swollen fingers on other
prisoners and big black spots on the buttocks of another prisoner. Prisoners said they
were taken into a room called the "wilarheidkamer" (truth ruom) and accused of stoking
up prison violence. SAPOHR claims that the prisoners were ordered to strip naked and
face a wall while 15 "boot·wearing" warders continuously whipped them wi th an electric
chord, kicked them and hit with them batons. One prisoner was allegedly beaten until his
leelh fell out.
lrunales told the Ci ty Press Iha l despite informing PWV premier Tokyo Sexwale, the Red
Cross and the German Embassy about prison harassment they had received no response.
Inmates also claimed that after violence broke out in the prison, following the April
elec tions, prisoners were ordered to remove broken glass from window panes with their
bare hands and that a prisoner went missing wi thout trace after allegedly being moved
from his cell at night by prison warders. The Kriegler Commission of Inquiry, chaired by
Justice Kriegler and assisted by Judge Langa and Advocate PiIlay, was formed to
investigate prison riots that broke out prior and after the April 27 elections. The
21
Report for NO\'·~mber 199-1 181
commission's fi ndings will be rele",sed in February 1995. However, these l",test ",llegations
do no t fn ll with in the commission's ambit.
As a result of these allega tions five warders were tmnsferred from Boksb urg Prison .
3. RIGHT WING
3.1 Profe,sor Joha n Heyn'
On November 51994 former Dutch Reformed Church moderator, Professor Heyns was
shot dead in front of his family in his Pretoria home. The assassin fired from outside the
house and Prof. Beyns died instan tly. While no right·w ing group or ind ivid ual has
claimed responsibility for Heyns's ass..'lssination, Heyns, who had a high pulitical profile,
was regarded by cer tain right-wing elements as a tmi tor who spli t the Dutch Reformed
Church (ORC). When he was its modera tor, the DRC started to move away from its
supp.ort for apartheid . Prof. Heyns spoke out against the Mixed Marriages and the
Immorality Acts and during his term as Moderator of the Cenernl Synod was at the
forefront of fundamental policy changes which rejected apartheid on biblical and ethical
grounds and opened the church to all races.
This seemingly "professional" assassina tion has provoked debate on who was really
responsible. According to one newspaper report, "The ki ller was no Janus Walus who
opportunistically jumped from his car and shot SACP leader Chris Hani in broad
daylight . Nor can he be likened to the gang of AWB members accused of being involved
in the pre-election bombing spree, where the very size of the conspiracy made it a
veritable sieve constructed of informers and loose lips. The kille r was not a Barend
Strydom, who started shooting ind iscriminately and at random on a weekday afternoon
in a bustling central business d istrict ; or a Eugene Marais, who started pulling the trigger
at a bus in full view of all the occupants." ( Weekly Mail & Cuardian)
22
•
lSI Report for Nov·December 199-1
A man claiming to be a fonner CCB operative informed 181 of the names of hvo people he
believed were responsible for the assassination. IBI is aware that these two people have a
history of violent right·wing activi ty and had been members of the right-wing death
squad, Order of Death.
3_2 Right-wing trials
• The Appeal Court has up eld the conviction and death sentences of Oive Derby-Lewis
and Polish immigrant, Janus Walus, who were both convicted in OctoBer 1993 for the
murder of South African Communist Party leader, Chris H ani. (See IBI April 1993
Report) Further considerntions of their uppeal against the death sentences by the
Appeal Court was deferred unjil_the Constitutional Court has ruled on the
constitutionnlity of the denth sentence. Derby-Lewis, who is n former member of the
Presidents Council and a member of the Conservative Party has been linked to right
wing orgallisations around the world .
• The Potchefstroom Civil Court ordered the AWB and its leader, Eugene Terre'Blanche,
to pay the cost of the t.-inl and R43,SOO in damages to 17 residents of Goedgevonden.
The civil trial follows an AWB attack on a squatter settlement near Ventersdorp on May
11,199]. Terre'Blanche snid that he and his movement would appeal the court's
decision.
• AWB members charged with murder and other charges foll owing the pre-election
bomb spree appeared in court on November 3,1994. (See lBI's Report for
September /October 1994 ) The state withdrew all charges against eleven of the right
wingers and murder charges agains t a further nine. The nine right-wingers will appear
in court on April ]8, 1995 on charges of illegal possession of au tomatic weapons,
firearms and ammunition. The remaining twenty-five AWB members are facing 96
charges including 20 counts of murder. The trial date has been set for January 30, 1995.
• In December 1994 fOllr members of the AWB and two Inkatha Freedom Party
supporters were arrested in connection with a pre-election bomb blast and an attack on
23
Report for Nov-December 199-1 Ill i
a police station in the former Transkei, in which a policeman was killed in March 1994.
The six men were released on bail.
4. PAN AFRICAN CONGRESS (PAC)
Seven PAC prisoners, including one of the men convicted of murdering American
exchange student, Amy Biehl, went on a hunger strike at Pollsmoor Prison demanding
amnesty and reclassification as political prisoners. The hunger strike ended on November
13, ]99-1 pending negotiations between the PAC and the Minister of Justice about political
prisoner status. The PAC had demanded their release under the indemnity programme.
Two PAC members, sentenced to 14 years for killing several people who were allegedly
supporting town councillors in the Western Cape, were released from prison.
4.1 Trials
• The Supreme Court refused to grant the three men found guilty of murdering Amy
Biehl leave to appea l against their conviction and their 18 year sentence. Cape Judge
President, Justice Gerald Friedman, said that their case stands no "reasonable prospect
of success" .
• Gcinikhaya Makoma (18) h.:ls pleaded not guilty to eleven counts of munit!r, 57 of
attempted murder (condensed to one for the trial) and i1legal possession of guns and
ammunition rela ting to the massacre at the St James Church in Cape Town in July
1993. (See IBrs February & March 1994 Report) Makoma alleges that he made a
confession on August 15, only because he had been tortured. Defence counsel, Siraj
Desai has argued that the confession should be scrapped on the grounds that he made
it while being held in detention under Section 29 of the Internal Security Act which has
been rendered invalid by the new constitution.
• On December 7,1994 Brian Madasi (19), Zola Mabala (21) and Luyanda Gqumfa (25)
were convicted in the Supreme Court of four murder charges, two attempted murder
24
(
lSI Report for Nov·December 199./
charges and illegal possession of weapons rela ting to the attack on the Heildeberg
Tavern in Cape Town on December 30, 1993. (See IBI's December 1993 & January 1994
Report) Despite the Stat~'s call for the death penalty to be imposed, t" .... o accused were
sentenced to an effective 27 years in jail and their ca-acclised was sentenced to an
effective 24 year prison term. While ballistic tests had shown that the weapons used in
the Heidelberg Tavern attack had been used in an assault on a SANDF base in Nyanga
township and a police s tltion in Khayelitsha in December 1993, Justice Conradie found
the three not guilty of the attacks because the s tate had not conclusively proved the
three had carried out the attacks.
• Patrick Muchindu and Godfrey Mathebula were sentenced to ten years imprisonment --for attempting to plant a bomb in a Yeoville bar in May 1993. The two ApIa members
were refused leave to appeal and thei r defence counsel has launched a petition to the
Appellate Division.
5. TRUTH COMMISSION
As expected, the "Promotion of National Uni ty & Reconci liation Bill" will not be put
before parliament until the firs t session of 1995. There continues to be considerable debate
around the issues of amnesty, indemnity <'lOd "in camera" hearings.
The National Party's insistence on secrecy and the Inkatha Freedom Party's total rejection
of the Bill has provoked a number of questions as to their motives for such a stance .
Deputy President De Klerk insists that the secrecy clauses are responsible and just, and
claims that it would be unfair to use different s tandards to those currently legisla ted for
by the Further Indemnities Act (1991 ). It would Iherefore be unjust to expose those to be
indemnified where thousands of others have been indemnified with only their names
being published. Elements within the security forces and the National Party have
cautioned that the process does not turn into a witch hunt and have pointed out that fears
of revenge and intimidation would discourage individuals from coming forward.
However both those for and against full public disclosure have argued that if their
25
Report lor NOI'~DeceDJber 199J IBI
position is not accepted it would promote the aggrieved taking the law into thei r own
hands.
The Freedom Front have agreed to support the Bill if the indemnification period is
extended to May ]0, ]994, thereby covering right~wingers currently facing prosecution for
acts of terror before the election and thus assuaging right-wing opposition to the
Commission, The PAC have called for the indemnification period to be extended to April
27,1994. It is unlikely that the present cut-off date for indemnity applications, December
5,1993, will be changed.
However it is not unreasonable to suspect that the recent revelations of security force, Ip
government and IFP involvement in third force activities reflect the true motive behind •
NP and IFP thinking, The provision for "in cnmera" proceedings at the Amnesty and
Indemnification Committee hearings is undoubtedly the result of political compron'dse
between the ANC, whose previous stance wn.s to support open hearings, and the NP, who
hn.d previously objected to the Truth Commission in its entirety.
The draft bill however is not dear on how much information will be publicly disclosed
and clause ]6.3 of Chapter 4 of the draft bill allows for the publication in the government
gazette of the full name of the person receiving indemnity <lnd "sufficient information to
identify the act or omission in respect of which amnesty has been granted" . There is no
definition of "sufficient information" and it is possible that a considerable amount of
information will be disclosed in this way, although this falls far short of full public
disclosure. If the bill is passed in its present form the South African public w ill never
know the full extent and details of illegal security force operations and could have serious
consequences for the reconciliation process.
There are a number of other concerns about the d raft legislation;
If an applicant for amnesty is deemed not eligible by the relevant committee, informa tion
disclosed a t the hearing cannot be used as evidence against the failed applican t in civil or
criminal proceedings, even if those proceedings have commenced, despite a temporary
26
IBI Report for Nov-December 199.J
suspension. If for instance Colonel De Kock has his forthcoming prosecution suspended,
and his application for indemnity is refused, any information that he has disclosed during
the hearing, which may relate to charges for which he is being prosecuted, will be
inadmissible in court.
The Bill also makes provision for the use of "in camera" procedures for the Commission
hearings as well as the other committees hearings. Although the decision to use this
option will presumably be reft to the discretion of each committee thereis some concern
that attempts will be made by those giving evidence to have issues heard away from
public scrutiny.
Human rights organisa tions have <lfgued that anyone found to have perpetrated human
rights abuses should not be able to hold public office or continue to be a member of the
securi ty forces. The draft bill makes no provision for this and consequently even if
identified as a perpetrn tor of such abuses, the indenmified individual will retain his or her
position in the public service.
The bill is also extremely vague about the investigative capacity of the Commission.
Considering the period of time (Le. 34 years) that is under investigation, and the
maximum time allocation for the Commission's duration of eighteen months provided for
in the draft bill, it will be imperative that the Commission is serviced by a well resourced
and effective investigation unit. IBI believe tha t this wi ll be an essential provision if the
Truth Commission is to enjoy any credibility amongst the majority of South Africans.
IBI also believes that the Bi1l does not adequately explain the provisions for Witness
Protection, which could require massive resources.
6. ATTACKS ON INDIVIDUALS
6.1 Walter Sisulu
27
Report lor No,,~Dece.mber 199.J IBI
Two members of The Johannesburg Flying Squad were each fined R4000 or]2 months'
imprisonment in the Johannesburg Regional Court on charges of culpable homicide and
perjury following the death of Ishmael Manlene Moloane. A further three year prison
-sentence was suspended for three years.
Moloane was killed when he and several other bodyguards were escorting ANC leader
Walter Sisulu and his wife Albertina from President Nelson Mandela's birthday party.
(For detailed information on the incident see lBI June/ July 1994 report).
[.,nce Sergeant Allen Kruger (25) and Constable Stephanus Johannes van Rensburg (21)
were both found guil ty of culpable homicide following the death of Moloane in a police
car chase on the Soweto freeway in July last year.
The two policeman were also sentenced to nine months in prison suspended for three
years on a charge of perjury.
Kruger was further sentenced to an effective 18 months in prison on a charge of defeating
the ends of justice. This followed a fal se claim during an inquest in the Rand Suprt::ll1t:
Court, that the police vehicle they were travelHng in on the day of the incident, had a blue
light attached to the roof. He persuaded Sergeant David Mills to hand in a false statement
in respect of the blue light. It was later found that the vehicle had no blue light on the day
of the incident.
6.2 Tonkiso Nhubo
Police are investigating the death of the ANC's Dube branch leader Tankiso Ntsuba (34).
Ntsuba allegedly fell to his death from the ANC's second floor offices in Dube, Soweto on
December 11.
The ANC initially claimed that Ntsuba had committed suicide but his famil y have
expressed doubts about the claim saying that his death is a result of a power struggle
within the ANC branch. The family suspect that he was either pushed or thrown from the
second floor of the building when he was already dead.
28
•
•
IBI Report for Nov-December 199-1
According to the family, a close comrade of Ntsuba's, known only as Stompie phoned
Joseph N tsuba the father of the deceased sayi ng that Tankiso had committed suicide .
H owever when the fnrnily checked with Stompie she denied making the call. The family
~id that they had also received information that a woman was seen dragging the
apparently intoxicated tsuba up two flights of stairs from the g round floor . L.1ter a man
was heard crying and a witness said he saw a man hanging out of the second·story
window.
6.3 Melul; Whecdon Mbulawo
The Trnnskei deputy comnlissioner of police Mel uli Wheedon Mbu!a\va was g unned
down outside his Umtata home on December 13, 1994. According to the police Mbulawa
was shot several times and his wire \vas also wounded. At least 28 spent cartridges from
R4, R5 and 5,65mm automatic rifles were picked up at the scene.
General Mbulawa(49) and his wife Hilda (40), a sergeant attached to the police garage
were shot in their car in front of their house in Sisson Street at Fort Gale, Umtata.
According to the head of the Murder and Robbery Unit Colonel Ntsi lelelo D!anjwa, the
couple were driving down Sisson stree t towards home when a car behind them fl<l shed its
lights. Mbulawa continued driving and the vehicle behind followed them to their home
where the occupants opened fire. Dlanjwa said that Mbulawa had received a number of
death threats. Sources within the Transkei police force have claimed that the attack could
be linked to the fact that General Mbulawa was seen as an obs tacle to promotions and
• s..,lary adjustments for lower ranking policemen. Mbulawa was apparently ins trumental
in bringing a court order against the Police and Prisons Civil Rights Union (Popcru) which
se t aside recommenda tions for the promotions of certain police officers.
Safety and Security Minister Sydney Mufamadi has ordered a top level investigation team
to Umlata to investigate the shooting.
6.4. Thorn; Mcerwo
29
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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