affidavit - historical papers, wits university · affidavit i, the undersigned, patrick zozo do...

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affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I reside at 2644 Kagiso 2, which is in Aconotshe Street. 2 The facts herein contained are both true and correct and are within my personal knowledge. 3 On the 26th February 1986 at approximately 7pm. I was walking along Kagiso Avenue to- gether with two of my friends, DUNA and SIPHO. A white Nissan pick-up truck ap- proached us from the opposite direction. The vehicle did not have a canopy. 4 As the vehicle approached us I noticed that the headlights were dimmed. The vehicle stopped approximately 12-15 metres from us and the headlights were switched to high

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Page 1: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

a f f i d a v i t

I, the undersigned,

PATRICK ZOZO

do hereby make oath and say:

1 I am a 16 year old male and I am presently in

Std. 6. I reside at 2644 Kagiso 2, which is

in Aconotshe Street.

2 The facts herein contained are both true and

correct and are within my personal

knowledge.

3 On the 26th February 1986 at approximately

7pm. I was walking along Kagiso Avenue to­

gether with two of my friends, DUNA and

SIPHO. A white Nissan pick-up truck ap­

proached us from the opposite direction. The

vehicle did not have a canopy.

4 As the vehicle approached us I noticed that

the headlights were dimmed. The vehicle

stopped approximately 12-15 metres from us

and the headlights were switched to high

Page 2: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

226

Page 2

beam. Before the headlights were switched up

I noticed that there were two white policemen

in the cab of the truck.

*After the headlights were switched to bright

I heard the sound of three gun-shots. The

first shot hit me high on my left calf. I

had a burning sensation in my entire left

leg. The force of the shot caused me to fall

down and I grazed my left elbow and right

foot in the fall. The second shot passed

over my hand while I was on the ground. I

suspect that the shot was very close to me

because I could hear the_ sound of the bullet

passing me near me. I don't know where the

third shot was fired as I got up and I

managed to run away after the second shot.

Although my leg was quite painful I did

manage to run away. I ran to a nearby house

and I climbed over the back fence of the

yard. I hid in a shed in the adjoining

property for approximately 30 minutes because

the same Nissan truck was still moving up and

down the streets in the area after I was

shot.

Page 3: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

o

7 I could see from my position in relation to

the Nissan truck before the shooting incident

that it was the driver who aimed a rifle in

our direction and fired the shots. He did

not get out of the vehicle but aimed and

fired from the cab.

8 After the first shot was fired my two friends

ran away and I only saw them at approximately

8.00 pm. that evening. Neither of them had

been injured in the incident.

9 I went to DR MOTLANTHE, who practices in

Kagiso much later that evening. DR MOTH-

LANTHE cleaned and addressed my wound and he

said that I should return later to enable him

to remove the bullet from my leg.

10

Page 3

227

11

At present my leg is no longer very painful

but I have great difficulty in walking it

doesn't seem to be getting any better. I

have an appointment to see the same doctor

again on the 6th March 1986.

I don't know why the shots were fired at us

\

Page 4: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

Page

I could see from my position in relation to

the Nissan truck before the shooting incident

that it was the driver who aimed a rifle in

our direction and fired the shots. He did

not get out of the vehicle but aimed and

fired from the cab.

After the first shot was fired my two friends

ran away and I only saw them at approximately

8.00 pm. that evening. Neither of them had

been injured in the incident.

I went to DR MOTLANTHE, who practices in

Kagiso much later that evening. DR MOTH-

LANTHE cleaned and addressed my wound and he

said that I should return later to enable him

to remove the bullet from my leg.

At present my leg is no longer very painful

but I have great difficulty in walking it

doesn't seem to be getting any better. I

have an appointment to see the same doctor

again on the 6th March 1986.

I don’t know why the shots were fired at us

*

Page 5: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

* .228

Page

and I also did not hear any questions being

asked of us before the shots were fired.

Signed: PATRICK ZOZO

Deponent

I h e r e b y c e r t i f y t h a t t h e d e p o n e n t h a s a c k n o w l e d g e d

t h a t he k n o w s and u n d e r s t a n d s t h e c o n t e n t s of t h is

a f f i d a v i t w h i c h w a s s i g n e d and sw or n t o b e f o r e me at

KRUGERSDORP ON THIS 1st DAY OF MARCH 1986 THE REGULA­

TIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF 21ST

JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COM-

PLIED WITH.

Signed: M B MOHLAHLEDICOMMISSIONER OF OATHS

Moses Boikie Mohlahledi Practising Attorney 2nd Floor African Life Centre Monument Street, Krugersdorp

Page 6: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

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Page 7: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

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Page 8: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

231

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Page 9: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

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Page 10: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

233

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

In the matter between:

KRUGERSDORP RESIDENTS' ORGANISATIONDIKEME JOSHUA MAGOTLABETHUEL MONGWAKETSIJACOB SAFATSASAMSON MAHATANE KATAKA

First Applicant Second Applicant Third Applicant

Fourth Applicant Fifth Applicant

and

THE MINISTER OF LAW AND ORDER

THE DIVISIONAL COMMISSIONER OF POLICE/ WEST RAND

THE MINISTER OF DEFENCE

First Respondent

Second Respondent

Third Respondent

a f f i d a v i t

I, the undersigned.

MAMAKHE KHUZWAYO

do hereby make oath and say that.

I am a minor female aged 16 and presently in

o / A

Page 11: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

234Page

Std 4. I ordinarily reside at 3051 Kagiso

The facts contained herein are within my

personal knowledge, and are true and cor­

rect.

On the 27th February 1986 at approximately

7.30 pm. I went to the Ezibeleni Fruit Shop

in Dingaan Street in Kagiso. The shop is

very near to my home.

While I was standing outside the shop I no

ticed that a person I know as WITNESS DLOVA

and another person who is not known to me

were busy unpacking a truck which was backed

up to the entrance of the store. The two of

them were offloading provisions for the

store.

At that time a white Nissan pickup truck

stopped in front of the shop. I noticed that

there were two white policemen inside the

vehicle. The truck did not have a canopy.

The two policemen inside the truck were wear-

Page 12: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

ing the police uniform of pale blue shirts

and I later noticed that they were wearing

the usual dark blue trousers.

They pointed rifles at the shop from inside

the vehicle. I became quite scared. As the

vehicle pulled up the group of approximately

15 persons who had been inside the shop left

the shop and moved towards where WITNESS

DLOVA and his fellow worker were standing.

The two policemen got out of the motor vehi­

cle and walked directly to where WITNESS was

standing. One of the policemen grabbed him

and started asking him questions about the

identity of people who had allegedly thrown

stones at their truck earlier that evening.

When WITNESS denied any knowledge of the

incident the policeman dragged him by the

waistband of his trousers towards the truck.

While he was being so dragged the policemen

hit with the butts of their rifles on his

head.

At the vehicle he was loaded onto the back of

Page 13: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

236

Page 4

the truck and after a short while he was

taken down from the truck.

9 Once on the ground one of the policemen

pointed the rifle he was holding at the back

of WITNESS and he actually pressed the tip of

the barrel against his back. At this stage

the other policeman was standing next to the

vehicle speaking on the radio. I could not

hear what he was saying on the radio.

10 I noticed that both policemen were wearing

light blue short sleeved shirts and dark blue

trousers and dark blue caps.

While one policeman was speaking on the radio

and the other guarding WITNESS it seemed as

if WITNESS attempted to run away from them.

When he was approximately 10 metres from the

policeman with the rifle four shots were

fired at WITNESS. I think that two of the

shots might have missed him and one shot hit

him in the small of the back and the other in

the buttocks.

12 Although WITNESS had been shot he managed to. i i 1

j' i />/ A

Page 14: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

237

Page 5

continue running and the policeman who had

fired the shots chased him.

I noticed that WITNESS half climbed or jumped

over the fence of a yard nearby. The police­

man who had fired the shot came right up to

WITNESS and again pointed the rifle at him.

After a short while I noticed that WITNESS

was walking to the police van with the

policeman pointing the rifle at him.

A white S A Police Force landrover with

grills across the windows and a yellow SA

Police Force bus arrived on the scene. I

noticed that there was a group of approxi­

mately 10 policemen who all got out of the

vehicle and they proceeded to kick WITNESS

and also hit him with sjamboks. I noticed

that the group comprised four black policemen

while the rest were white. WITNESS was later

placed in the back of the white Nissan pickup

truck and taken away. The other vehicles

also left at that time.

I could not see whether or not WITNESS was

bleeding from the gunshot wounds he had re-

!

n't K ii ■

Page 15: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

238

Page 6

ceived but I did notice that his nose and

mouth was bleeding after he had been as-

saulted.

4'77?~

&DEPONENT

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

fSfiC-tZ *• ON THIS / S DAY OF FEBRUARY 1986 THE

REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258

OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING

BEEN COMPLIED WITH.

Page 16: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

In the matter between:

KRUGERSDORP RESIDENTS' ORGANISATIONDIKEME JOSHUA MAGOTLABETHUEL MONGWAKETSIJACOB SAFATSASAMSON MAHATANE KATAKA

First Applicant Second Applicant Third Applicant

Fourth Applicant Fifth Applicant

and

THE MINISTER OF LAW AND ORDER

THE DIVISIONAL COMMISSIONER OF POLICE, WEST RAND

THE MINISTER OF DEFENCE

First Respondent

Second Respondent

Third Respondent

a f f i d a v i t

I, the undersigned,

HILDA PLOVA

do hereby make oath and say:

1 I am a major female aged 27 years and I am

employed at Rand West Sanatorium. I reside

Page 17: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

* 240

Page 2

at 2911 Kagiso 2 and I am the sister of

WITNESS DLOVA.

2 The facts contained herein are within my

personal knowledge , and are true and cor­

rect.

3 On 27th February 1986 at approximately 7.30

pm. I was at home and I was in the front yard

of my parental home. From my position I

could see the Ezibeleni Fruit Shop which is a

very short distance from our house.

4 I heard shots being fired and the next moment

I saw my brother, WITNESS, running towards

our house. When he reached the fence around

the property he jumped over the fence.o5 I have read the affidavit of MAMAKHE KHUZWAYO

and I confirm that she correctly described

the events which took place outside our

house, although she did not identify the

house as being my parental home.

6 When WITNESS was moving towards the house I

was standing against the wall of the house

Page 18: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

* 241

Page 3

and at the front corner. I could see that

WITNESS had difficulty in walking or moving

fast and I assumed that he had been' injured.

When WITNESS reached the front door to our

house he touched the door mantle and before

he could open the door the policeman who had

been pursuing him shouted the following at

him "As jy probeer om daardie deur oop te

maak sal ek jou weer skiet”. WITNESS then

let go of the door handle, turned around and

walked back to the van with the policeman.

From where I was standing I could see the

asault by the group of policemen upon WITNESS

and I confirm that the description by MAMAKHE

is correct.

At approximately 9.45 pm. on the same evening

I went to the Leratong Hospital to find out

about WITNESSES’ condition. When I saw him I

noticed that he had a severely swollen face

and his mouth was also still bleeding but I

was not in a position to find out about the

/.

Page 19: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

Page 4

242

gunshot wound as WITNESS tried to talk, but

could not do so properly,Hf 'cLo U v/‘7

DEPONENT

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT SHE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT—■ f*f

0N THIS DAY 0F FEBRUARY 1986 THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258

OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING

BEEN COMPLIED WITH.

/a / 4 T 7C’ ;>J' / < c, f ^ f

f - j C H o to <7- ^ 7 ^ r/t*C r-: 7"

i ' C o' C- I? /C-S ^ o -i f

f'l

Page 20: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

243

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

In the matter between:

KRUGERSDORP RESIDENTS' ORGANISATIONDIKEME JOSHUA MAGOTLABETHUEL MONGWAKETSIJACOB SAFATSASAMSON MAHATANE KATAKA

First ApplicantSecond ApplicantThird Applicant

Fourth Applicant Fifth Applicant

and

THE MINISTER OF LAW AND ORDER

THE DIVISIONAL COMMISSIONER OF POLICE, WEST RAND

THE MINISTER OF DEFENCE

First Respondent

Second Respondent

Third Respondent

A F F I D A V I T

I, the undersigned,

WITNESS DLOVA

do hereby make oath and say:

I am an 18 year old male and I work at Ezi-

Page 21: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

Paye 2244

beleni Fruit Shop in Dingaan Street in

Kagiso. I reside at 2911 Kagiso 2.

2 The facts contained herein are within my

personal knowledge, and are true and cor­

rect.

3 I have read the affidavits of MAMAKHE KHUZ-

WAYO and HILDA DLOVA and I confirm that they

accurately described the circumstances re­

lating to the shooting incident and subse­

quent assault which took place at my place of

employment on the 27th February 1986.

4 The other person who was offloading the truck

outside the shop was NDLOVU who is also em­

ployed there.

5 The policeman who dragged me towards the van

hit me with the butt of his shotgun. He was

joined in the attack by the other policeman.

I was hit in my kidneys and on my head. My

tongue was cut severely against my teeth as a

result of one of these blows.

6 When the shots were fired, I think four shots

were fired, and three pellets hit me and not

Page 22: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

245

Page 3

two as MAMAKHE says. I was hit in the small

of my back, on my buttocks and also in my

left forearm.

7 When the one policeman had caught up with me

and taken me back to the van the group of

policemen assaulted me by hitting me with

their fists and hands and also kicking me.

No sjamboks or batons were used to assault

me. I was hit very hard on the right hand

side of my jaw.

8 After I had been instructed to get onto the

back of the Nissan truck I was driven to a

temporary police camp near Lewisham where I

was again hit by several policemen and I was

also choked several times when a piece of car

inner tube was placed tightly around my head,

thus preventing me from breathing.

9 I was brought to the Leratong Hospital at

approximately 8.30 that evening and I have

not been told what the expected duration of

my stay is. I am still in pain and my chest

hurts a lot. I often cough blood and am

Page 23: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

246

Page 4

generally still hurting from the repeated

assaults all over my body.

10 While I h-ad— been assaulted at the police camp

at Lewisham I was asked repeatedly to reveal

the identity of people who were "comrades"

but when I replied that 1 did not know any­

thing but that I merely worked at the fruit

shop I was assaulted again.

DEPONENT

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

ON THIS DAY OF MARCH 1986 THE REGU­

LATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF

21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN

COMPLIED WITH.

COMMISSIONER OF OATHS

Page 24: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

I, the undersigned/

MZAYIFANI KUNENE

do hereby make oath and say as follows:

1 I am an adult male and I am employed at

Lelo's Engineering. I reside at Room 244,

Block 10, Kagiso Old Hostel.

2 The facts herein contained are both true and

correct and are within my personal know­

ledge .

3 On 27th February 1986 at approximately 8.15 I

was walking along Senzanqakloia Street with

ZITA NXUSA. We were overtaken from behind by

a white Nissan pick-up truck without a

canopy. When the truck was about 40 to 50

metres past us it stopped and returned to

where we were. It was turned around and

facing towards us.

4 I saw that there were two policemen inside.

The policemen were both white and they were

Page 25: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

248Page 2

wearing blue overalls. Both of the policemen

had shotguns and without getting out the guns

were pointed in our direction.

I heard the sound of two shots. The first

shot missed me completely and I ran away and

when I reached the gate of the house nearby

the second shot was fired. I was hit by four

pellets from the second shot. Two pellets

hit me in the left buttock area and one in

each of my legs, below the knee.

After I was shot the police left immediately.

I saw that the two policemen were chasing

ZITA with their truck.

I went to the Johannesburg General Hospital

at approximately 9.30 that evening for treat­

ment. I was treated and discharged the next

day.

I was told at the hospital that the pellets

had been removed. I am still experiencing

pain but it is not as severe as it was on the

first day after the incident.

9 I don't know why the shots were fired at us

Page 26: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

249

Page 3

as nothing was said before the shots were

fired.

Signed: M KUNENE

Deponent

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

Krugersdorp ON THIS 1st DAY OF MARCH 1986 THE REGULA­

TIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF 21ST

JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COM­

PLIED WITH.

Signed: M B MOHLAHLEDICOMMISSIONER OF OATHS

Moses Boikie Mohlahledi Practising Attorney 2nd Floor African Life Centre Monument Street, Krugersdorp

Page 27: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

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Page 29: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

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Page 30: affidavit - Historical Papers, Wits University · affidavit I, the undersigned, PATRICK ZOZO do hereby make oath and say: 1 I am a 16 year old male and I am presently in Std. 6. I

Collection Number: AK2145 KRUGERSDORP RESIDENTS’ ORGANISATION AND 4 OTHERS v. THE MINISTER OF LAW AND ORDER AND 2 OTHERS 1986 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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