IN THE HIGH COURT OF SOUTH AFRICA (Cape High Court, Cape Town)

Case No. 21600/12

In the matter between:

MINISTER OF POLICE

NATIONAL COMMISSIONER OF THE SOUTH AFRICAN

POLICE SERVICE

THE PROVINCIAL COMMISSIONER OF THE SOUTH

AFRICAN POLICE SERVICE FOR THE WESTERN C A P E

THE CIVILAN SECRETARIAT FOR THE POLICE S E R V I C E

COLONEL M F REITZ

BRIGADIER Z DLADLA

COLONEL T RABOLIBA

First Applicant

Second Applicant

Third Applicant

Fourth Applicant

Fifth Applicant

Sixth Applicant

Seventh Applicant

and

THE PREMIER OF THE WESTERN CAPE

THE MEMBER OF THE EXECUTIVE COUNCIL FOR

COMMUNITY SAFETY, WESTERN CAPE

THE CITY OF C A P E TOWN

THE HON. JUSTICE C O'REGAN N.O.

A D V V P P I K O L I N.O.

THE S E C R E T A R Y TO THE COMMISSION

First Respondent

Second Respondent

Third Respondent

Fourth Respondent

Fifth Respondent

Sixth Respondent

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ADV T SIDAKI Seventh Respondent

WOMEN'S LEGAL CENTRE Eighth Respondent

THE SOCIAL JUSTICE COALITION Ninth Respondent

SUPPORTING AFFIDAVIT

I the undersigned

ABDURRAZACK ("ZACKIE") ACHMAT

hereby affirm and say

1. I am an adult male resident at A536 St. Martini Garden, Queen Victoria

Street, Cape Town. I am fifty years old.

2. The facts contained herein are true and correct and are within my

personal knowledge unless the context indicates otherwise.

3. I have been a political activist since the age of 14. I was a co-founder

and Director of the National Coalition for Gay and Lesbian Equality,

Director of the AIDS Law Project, and a co-founder and chairperson of

the Treatment Action Campaign (TAC). I have been co-opted to Equal

Education's (EE) National Council. EE is an organisation dedicated to

realising the right to decent, quality education for all. I am not deposing

to this affidavit on behalf of these organisations which have their own

interests and decision-making processes.

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4. I am employed full-time at Ndifuna Ukwazi Trust (Nil) as its Director.

NU is a public benefit trust providing legal and social research support

to organisations such the Social Justice Coalition (SJC) which seek to

promote democracy through active citizenship. NU is one of the

organisations which lodged the complaint that led to the First

Respondent ("the Premier") appointing the O' Regan Commission of

Inquiry.

5. Since 16 June 2008, when I was one of the co-founders of the Social

Justice Coalition (SJC), I have been active in its campaigns, research

and education work. I have been co-opted to the SJC Secretariat and

Executive Council.

6. Currently, my primary task in the SJC is to support Mandla Majola,

Angy Peter, Joel Bregman and others on the Criminal Justice Task

7. This affidavit is structured in the following way:

7.1 Brief remarks on crime in Khayelitsha and who must speak

7.2 Background to my involvement in the call and complaint for a

Commission of Inquiry into Khayelitsha policing and its interface

with the criminal justice system.

7.3 Advocate Thembilihle Sidaki (Seventh Respondent)

Team.

about it.

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7.4 Confirming the contents in the affidavit of Mandla Majola, where

he specifically refers to me or where the contents fall within my

knowledge.

Brief remarks on crime in Khayelitsha and who must speak about it

8. The stark inequality between the majority of people who live in

Khayelitsha, Manenberg and elsewhere in Cape Town is not confined

to social and economic inequality. Most of my comrades and

colleagues feel unsafe in their homes, on the streets, on public

transport, in schools and elsewhere. Their lives are blighted by crime

which sometimes involves extreme violence.

9. Where I live and work in the central business district of Cape Town, I

feel and have been completely safe. My apartment block has several

security guards; at least two security guards from the Central City

Improvement District (CCID) patrol my street day and night. The South

African Police Service and Metro Police are visible on Long Street, the

busiest part of Cape Town at night, a place with very many bars, clubs

and restaurants and including a sex shop. Crime hardly takes place on

this street and elsewhere in the City. I can walk anywhere 1 wish at any

time of the day or night. A simple fact will illustrate this inequality. The

Cape Town CBD alone has more than 100 CCTV cameras monitoring

streets for antisocial and criminal behaviour. There are only 14 such

CCTV cameras in Khayelitsha with a much larger and more vulnerable

population than the inner City.

10. Most of the people who keep our City safe return to townships where

they fear for their lives and those of their loved ones. Many of the

people most exposed to crime where they live are also among the most

low-paid workers in the City, who cannot afford to pay for private

security to keep them safe in their homes. Many of them live in

Khayelitsha.

11. The fact that the equal right to safety, the protection of life and property

is denied to the majority of people while a minority can buy the

constitutional right to be free from all sources of violence (whether

public or private) through the use of private security is morally

indefensible and legally intenable.

12. Personally, I know more people who live in Khayelitsha than any other

part of our country. For example, Lumkile Sizila who lives in Makhaza,

Norute Nobula who lives in Site C, Yoliswa Dwane who lives in Site B,

Zukiswa Qezo who lives in RR Section, Sifiso Zitwana, Thandokazi

Njamela, Axolile Notywala from Green Point are long-time comrades

and very close friends. I do not speak on their behalf, I work with them

and speak on my own behalf and in the public interest.

13. I am also friends and comrades with many African, Coloured, Indian

and White people who work in Khayelitsha every day. They include

Sister Nompumelo Mantangana (from Gugulethu), a senior HIV/TB

specialist nurse who works at Site B clinic. Sis Mpumi is the

chairperson of the SJC; Faniswa Filani (Nyanga East), Brad Brockman,

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Dr Gilles van Cutsem (Muizenberg), Doron Isaacs (Woodstock),

Michelle Adler (Sea Point) and many others.

14. People (like me) who are safely privileged have a special duty to

support people in Khayelitsha and any other working class community

by speaking out about the daily injustices, indignities pain and extreme

violence they face. Crime disproportionately affects the poorest and

most vulnerable. Taking this stand is not only right, it is indispensable

to transforming the "apartheid mindset" and practices that continue to

divide people and are exacerbated by geographical separation.

15. In addition, 14 years of working with people in Khayelitsha has involved

actively engaging all levels of government. I have been in meetings of

the City of Cape Town when it was under the rule of the ANC and the

DA; I have attended countless meetings of provincial and national

government officials (especially regarding HIV) with my comrades in

Khayelitsha.

16. The remarks of the Minister Nathi Mthethwa, Provincial Commissioner

Lamoer and others implying that people who do not live in Khayelitsha

should not address its social, economic and safety problems are

unbecoming of people in power. It can be read as a narrow racial

nationalism that undermines our Constitution and the Freedom Charter

which I have supported since 1976. The Minister and Provincial

Commissioner's insinuations are particularly demeaning to Coloured,

Indian and White people in our organisations who work in Khayelitsha.

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It is also demeaning of nurses, doctors, pharmacists, police and other

people who work in Khayelitsha.

Background to my involvement in the call for the Commission of Inquiry

into Crime in Khayelitsha

17. Since its beginnings, the The Treatment Action Campaign was

concerned about gender-based violence, including rape and domestic

violence, as the issues relate to HIV and health.

18. Lorna Mlofana's rape (as we understood it at the time) and her brutal

murder, which was an HIV hate crime, galvanised TAC and many

organisations inside Khayelitsha. As a TAC member and leader, I was

directly involved in this campaign. I also regarded it as my duty as a

human being to support the work of Khayelitsha comrades and

organisations. This tragedy played out in the criminal justice system,

including SAPS, over almost six years (December 2003 - September

2009).

19. I worked on Nandipha Makeke's case as the records in this case show.

Nadipha's elderly parents had to deal with this tragedy for about two

years. My comrades and colleagues Pumeza Runeyi, Amelia Mfiki and

others had to flee their homes because of SAPS inability to protect

their lives and property.

20. Mandla Majola fully sets out my direct involvement in the work against

xenophobia during 2008.

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21 . As an activist and gay man, I was also active in the "Justice for Zoliswa

Nkonyana" campaign after her brutal murder because she was lesbian

This case exemplifies what is wrong with policing and the broader

criminal justice system. Personally, I want to point out that the cruel

and unjust perception that most if not all Black men, particularly African

and Coloured working class men, are potential rapists and

homophobic, is belied by TAC, the SJC and EE's work on this case.

The majority of people who attended court cases and marches were

heterosexual Black men and women from Khayelitsha. Men, including

Lumkile Sizila, Michael Hamnca, Mandla Majola and Sifiso Zitwana,

played leading roles in this work as all men should.

22. I have also been directly involved in the SJC's Criminal Justice Task

Team as a researcher, educator and leader. I have attended a great

many meetings, workshops, marches, pickets and other events. These

meetings include those with MEC Albert Fritz, Premier Helen Zille and

the National Inspectorate Task Team set up by the National

Commissioner.

23. I joined the campaign for an independent Commission of Inquiry into

SAPS; City of Cape Town Safety and Security structures; the NPA and

court systems in Khayelitsha. As an activist leader and member of the

SJC, I believe that inequality and exploitation must be addressed as

part of the Commission's mandate. This is evident from Mandla

Majola's affidavit.

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Advocate Thembilihle Sidaki - the Seventh Respondent

24. I confirm that Advocate Sidaki was a Senior Prosecutor in Khayelitsha.

I also remember attending a meeting with him and my colleagues

Mandla Majola and Pumeza Runeyi, which as far as I have been able

to establish must have taken place in early 2004 regarding

developments in relation to the case of Lorna Mlofana. Advocate Sidaki

was courteous and decent to us and promised to address our concerns

with the prosecutor.

25. I am advised that Advocate Sidaki is exceptionally competent and that

as an officer of the Above Honourable Court, there is no legal or other

reason why he cannot fulfil his task as an evidence leader for the O'

Regan Commission.

Correction and Confirmation

26. I also want to add two corrections that are within my knowledge:

references are made to "Nolungisa" Qezo in the Founding Affidavit at

paragraph 135 and the other pertains to the Community Policing

Forums (CPF) annual elections.

26.1 The first name Mam u'Qezo from RR Section (as we all know

her) is Zukiswa Qezo and not Nolungisa.

26.2 Second, reference is made at paragraph 205 of the need for

annual CPF elections as recommended in the "Western Cape

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Toolkit". I am aware that an Annual General Meeting with

election of office-bearers of the Cape Town CBD happens

every year. However, I am advised that this is a guideline and

not the law.

27. I fully associate myself with Mandla Majola's Founding Affidavit in this

matter and I confirm the contents of the affidavit where it refers to me

or to matters within my knowledge.

ABDURRAZACK "ZACKIE" ACHMAT

DEPONENT

I certify that:

1 . The Deponent acknowledged to me that:

1.1 He knows and understands the contents of this declaration;

1.2 He has no objection to taking the prescribed affirmation; and

2. He considers the prescribed affirmation to be binding on his conscience.

The Deponent signed this declaration in my presence at C A P E TOWN on this day of 28 November 2012.

COMMISSIONER OF OATHS BRUCE HENDRICKS

MATHEWSON GESS INC. Vunani Chambers 33 Church Street

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