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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
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.
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
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
*
* .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
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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
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-
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
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
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 ■
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.
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
* 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
* 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 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
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-
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
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
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
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
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
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
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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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