l\~ ?5Qb "2 . ') u ':..,Ll Indep \:ndent Board of Inquiry

P.O.Box 32293 Broomfonteln 2017 Johannesburg South Africa Phone (all) 403-3256/7 Fax (all) 403-1366

Report for APRIL 1993

BOARD MEMBERS: Dr Alex Boraine, Mrs Judy Chalmers, Rev Dr Frank Chikane, Dr Max Coleman, . Mr Brian Currin, Prof John Duggard, Mrs Sheena Duncan, Mr Peter Kerchoff,

Mrs lydia Kompe, Mrs Emma Mashinini, Br Jude Pieterse, Archbishop Desmond Tutu

CONTENTS

I. INTRODUCTION .............. ' .......... ... ...... . ..... 1

II. STATE INSTITUTIONS

2 .1 The South African Defence Force ................ 2 - 5

2.2 The South African Police ... : .......... ... . .. ... 5 - 8

2.2.1 Carletonville - Khutsong .. ... .... ...... . .. .. ... 8 - 9

2 . 3 The National Peace Accord (NPA) ............... 9 - 11

III. RIGHT WING ................................... 11 - 1 5

IV. THE GOLDSTONE COMMISSION

4.1 ApIa . ........... • , ..... ..... .............. . . .. . 1 5 - 16

4.2 Arms .. . . ... ...... ..... ..... .. .... . .... . ... .. . 17 - 18

V. ATTACKS ON INDIVIDUALS

- ii -

5.1 Chris Hani ................................... 19 - 20

VI. NATAL ...•... . ............. . •.•••........... . . 20 - 22

6.1 Table Mountian ...... • .....•....•............. 2 2 - 23

VII. REEF VIOLENCE ............................. .... 23 - 24

7.1 Self-defence units •• ••• • ..• . . • . • .... • .•...... 25 - 26

7 . 2 Soweto .• • .•. •• . . ... • •.• .. ..•.......•. . .. . .... 2 6 - 29

7.3 The Vaal .... .. ......................... . ..... 26 - 32

7.3 . 1 The Boipatong Massacre ......•.. . .•........ . .. 3 2 - 33

7 . 3 . 2 Eikenhof ... • ........... .. . . ...... . ..... .. .... 33 - 3 6

7.4 The East Rand • ... .. ...........•...•... . ....... 36 - 37

7.4.1 Holomisa Park .......• . ...•....... . ................ 37

7.4 . 2 Thokoza • • ..•................... ......... . ..... 38 - 39

- iii -

VIII. THE WES'rERN CAPE • ••• • • ~ ....... : ...... . ~ ....... 39 - 40

IX. EASTERN CAPE ••• , •••••• • ••••••••••••••••.••••• 40 - 41

X. CONCLUSION ••••••.•••••••••••••• ..: • • ••••••••••• 41 - 43

I . INTRODUCTION

The assassination of South African Communist Party (SACP)

leader Chris Hani on April 10 sent shockwaves through the

country. His death sparked off a number of violent incidents.

However, the Board wishes to point out that despite the

hysteria surrounding Hani's death and the deaths of at least

114 people in the aftermath of his assassination the

incidents of violence have decreased. In April 1992, at least

260 people lost their lives . Although there has been an

increase in violence compared to the first three months of

1993, the scale of violence cannot be compared to the first ·

quarter of 1992 . Indeed, incidents of political violence for

the first four months are 1993 are. the lowest since 1989.

The assassination of Chris Hani and the subsequent arrest of

Polish immigrant Janusz Waluz, Conservative Party member

Clive Derby-Lewis and his wife Gaye have led to increased

fears of a rightwing backlash . Members of. the South Af rica n

Police (SAP) found a "Hit list" in Waluz'sflat which

contained the names of the African National Congress (AN C)

President, Nelson Mandela and Minister of Foreign Affair s ,

Pik Botha.

,; -2-

II. STATE INSTITUTIONS )

2.1 The South African Defence Force

with the resumption of mUltiparty negotiations in April,

after a break of 4 months, there has been a sinister

revelation implicating one of the chairpersons of the

proceedings - Walter Fellgate.

Kobus Jordaan Democratic Party (DP) MP for Umhlanga quoting

fr.om. Military Intelligence documents told parliament. d\lring

the budget vote t,hat~ the government .,, ""; still u" ing MI to

infiltrate its political opponents. Agent provocateurs W8r e

placed in the administrations of homelands that were hostile

to Pretoria. Although scal~d down this covert operation

initiated in the 1~80/S is still in operation.

In September 1990, Jordaan claims he redeived an anonymous

package which revealed that, Fellgate and Bophuthatsvlana

minister, Rowan Cronje, were government agents.

-3-

Fellgate's task in the IFP was to sway Chief Mangosuthu

Buthelezi away from close co-operation wit~ the ANC towards

Pretoria . In November, 1992 Jordaan received secret MI

documents which described Fellgate's role in Inkatha as "an

absolute success".

The same document referred to cronje a former Rhodesian Front

cabinet minister, as not having progressed in Ciskei, but

that he had been "extremely successful" in Bophuthatswana.

MI documents leaked to Jordaan in 1990, identified "problem

children" such as Lennox Sebe and Enos Mabuza the former

Kwangwane chief minister.

Jordaan further named General Tienie Groenewald, the former

secretary of the state security Council now associated with

the right wing committee of Generals (Volksfront), as a key

man behind the operation.

The document also proposed the involvement of former ANC

member John Gogotya. Men.tion was also made of the

establishment of the Federal Independe nce Democratic

Association (FIDA). Prof Albert Blauwstein, an Inkatha

adviser was s~id to be largely responsible for drawing up

FIDA's constitutional proposals.

-4-

This leaked document howev~~ _ provided no details with regard

to the funding of this st~ategy, other than to indicate that

the funds would come out of the HI budget .

The raison 9'etre of this MI operation, according to Jordaan,

is the assumption that democracy could not work (in their

favour) in South Africa, and that a~ many pliable

dictatorships have to be created to counter the ANC .

During the budget debate, Jordaan accepted President De

Kle~k's assurances that he knew nothing about this plan.

Jordaan however expressed doubt that Hernus Kriel shared the

state President~' sentiments.

Addressing a press conference on his return from England,

Buthelezi rejected the assertion that Fellgate was a NIS

agent . He said that he had known Fellgate for a number of

years and at times gained the impression that he was closer

to the ANC than to the IFP .

. Kobus Jordaan used to be an adviser in the Constitutional

Development Department. In 1987,after proposing that the

gqvernment enter into negotiations with the ANC, h-is security

-5-

clearance was removed. In 1989 shortly before the elections

he joined the OP (Business Day (01\04\93)

2.2 The South African Police

"creating tranquility and trust rather than violence and fear

is what is needed from a new South African police force."

(Stephen Laufer, Weekly Mail 2 /4 1993).

According to Commonwealth observer and Scotland yard chief

inspector Peter Stevens, the only way forward for the SAP is

a · radical and highly visible restructuring. If this does not

take place, South Africa can look forward to a torn and

violent society. The SAP need to accept that the concept of

community policing must become overriding objective of the

SAP.

The Police Force must become a Police Service - ideally this

transition should take place within a very limited time

period. These highly visible changes shou ld not be restricted '

to personnel, but should include uniforms and rank structure ,

-6-

(this will emp,hasise the civilian rather than military nature

of a police force.) This process should also include the

induction of people previously involved in the liberation

struggle, into senior positions.

stevens ' ~oted that some police have accepted the need for

this change, but that they could be marginalised. Leaving law

enforcement to those officers untouched by the new realities.

stevens further stressed that the SAP move away from the

notion that law eriforcement is a paramount task, as was the

case under apartheid. Crime prevention can only be achieved

in an atmosphere of trust where communities are directly

involved in these programmes.

The difficulty with restructuring according to Brigadier

Aspling , of the SAP would be to convince the 115 000 police

officers to accept. the change of policing from man-handling

to an approach displaying fairness, accountability and

impartiality.

Black officers, who make up 49% of t~e force, some who have

been awaiting this kind of change, accept this as a way

forward for SA, added Aspling.

-7-

Recently a post of community policing officer was created in

every region. The problem with this is that these officer do

not have the powers to make or effect changes regarding their

stations and divisional commanders.

The flying squad, the InternaL Stability Unit and Murder and

Robber units are regarded as independent structures. Thus

they are in a position to override local structures.

stevens also noted that the SAP need to undergo a cathartic

process. The ~AP needs to ad~it past fa~lures and acknowl edge

that changes need to be made. Admittedly this would be the

most difficult challenge for the SAP . Failure to . undergo this

process will only result in f urther chaos and viole nce.

The urgency of this restructuring cannot be over-emphasised.

Not just in terms of the SAP servicing the communities needs,

but also to ensure the safety of officers. In Ka tlehong a

policeman was shot and wounded in a shooting inc ident outside

his house. Thesi attacks .on p61icemen particularly blac k

policemen,. who live in .the affected townships, I-li ll continue

unabated, until visible changes ate made.

-8-, "

The setting up of\a community policing officer, is

commendable, especi'ally since the aim of this programme would

be to develop ways and means of fostering good community

police relationships. However, the sincerity of this

programme needs to bfo questioned, in light of the SAP's

continued us~ of the abhorrent "informer" system. For any

change or effort to be effective, fundamental rather than

cosmetic changes have to be made.

2.2.1 Carletonville - Khutsong

Sentence was finally handed down in the White Mabitsa case in

April. Mabi'tsa was assaulted by three members of the SAP

based at Welverdiend in April 1991. The three constables

-Lebokeng , Matolo, and Nkosi were found guilty of assaulting

Mabitsa and sentenced to a fine of Rl 500 each or three

months imprisonment all of which was suspended for five

years. The policemen involved intend to lodge an appeal

against the conviction.

constable Lebokeng has since been dismissed from the force

for allegedly taking a bribe. Other members of the force who

were implicated in various assaults and extra-judicial

executions in the area have been fired from the force

- 9-

following incidents of bribery and illegal gold smuggling.

(For details on the White Mabitsa case, see the Ma~ch 1993

Report) .

Eugene Mbulawa Inguest

The Board has been informed by the attorney's acting for the

Mbulawa family that all evidence before the inquest court has

to be re-heard due to the fact, that the Magistrate, a Mr

Raath was removed from the bench after having been convicted

on a criminal charge. A new magistrate will therefore be

a ppointed and the matter will proceed De Novo

from July 14-16 1993 at the Oberholzer Magi s trate's Court,

Carletonville.

2.3 The National Peace Accord , (NPA)

The effectiveness of some of the provisions within the Pea c e

Accord, have been brought into question - leading to calls ' by

the National Peace committee (NPC) and government for toughe r

accountability measures to be introduced. The NPC has s aid

that, for the NPA to be effective, it has to be given powers

of ' enforcement for any recommendation it makes.

-10-

Thus far the NPC complaints investigating committee has

received 183 complaints of breach of the Peace Accord, four

of which are defini t :e cases for investigation. Most of the

complaints are based on inflammatory speeches made by one or

other political party.

According to .the NPCparties have made the dismissing of

recommendations by the NPC a rule rather than an exception.

In some cases parties give no reaction to recommendations.

The NPC has put forward some measures that have to be

included in the Peace Accord, to ~revent the political

parties from undermining the Accord.

Recommendations to b~ legislated t6 facilitate criminal

procedures against the transgressors.

Empowering measures have to be built in to ensu~e

accountability , especially durin~ the run up to the

elections.

The signatories to the Peace Accord need to reassess

their commitment to the Peace Accor~ .

-11-

Deputy Justice Minister, Danie Schutte, said that parties or

movements which contravene the Peace Accord need to be

punished and that the government should commit itsel~ to

strengthening the Accord.

Areas of the Peace Accord that need to be improved according

to Schutte are:

- Effective sanctions on transgressors

- A quicker adjudicating procedure

- The involvement of non- signatory parties at local and

regional levels.

Changing the names of peace structures and improving

co- operation between them.

All these proposals and amendments to the Peace Accord have

to be agreed to by all the signatories .

III. RIGHT WING

Since the Eikenhof murders (refer to IBI's March report),

there has been a perceptible change and hardening of

attitudes wIthin the Right Wing towards the government. Thi s

change seems to be a response to increased insecurity, los s

of faith in the SAP and threats of a possible clampdown of

their activities, by the government.

- 12-

This includes: , Indiv i dual Conservative Party members offer to . , the police to protect properties that lined the rout~ of the

mass funeral for slain SACP secretary general Chris Hani. The

commissioner of Police declined to accept this offer of help.

Accusations by members of the wit Wolwe and Afrikaaner

Weerstands Beweging ( AWB ), directed at the governments

inability to protect the "Boere " nation.

Rumours within CPo circles of the creation of an internment

camp by the government , similar to that used to incarcerate

members of the Ossewa Brandwag during World War 2. Former

Chief Director of MI, Major General Tienie Groenewald

disclosed that the government was in possession of a list of

5 500 Right-wing activists. According to Groenewald these

people could be arrested just before an Interim government or

Joint executive is appointed.

The mistrust of the government is clearly seen in the .

allegation that the ANC is in possession of a similar list of

Rightwingers and that the government and the ANC compare

notes on the matter.

-13-

Groenewald said that he had no information on the ~nternment

camps. However, he he said knew of at least one prison in the

Transvaal which has been unused for a long time and could be

u~ed for this purpose.

captain Cra ig Kotze, rejected this allegation as unfounded.

certain right-wing groups claim they wil l retaliate to

perceived threats to their constituencies.

Andrew Ford of the Boere Weerstand Beweging (BWB), has

warned that should the attacks on whites not stop

immediately, the BWB will embark on a cleansing process,

eliminating all black communists and agitators.

Andries Kriel (AWB Wenkommando) also claimed that the

"Kommando's" will merciless ly lash out at anyone wh0

threatens white life or property.

Barend strydom (Wit Wolwe)in a poster war declare d that

the ww would take up the battle with the ANC. Th e

retaliation is apparently in response to the words u sed

in a toyi-toyi in Khayelitsha. " Kill the Boer, Kill the

Farmer".

-14-

Bar.end strydom was given a final warning by the

Department of Correctional Services, following his

inflammatory remarks.

The police have 'reacted to these warnings and threats by

launching a criminal investigation into inflammatory public

statements made by Eugene Terre/blanche (AWB).

Possible ~riminal proceedings ar~ also being investigated

against Mrs Winnie Mandela and Peter Mokaba for alleged

inflammatory statements made in the Western Cape.

Following the funeral of Chris Hani, racial tension mounted

in 'Ventersdorp. Heavily armed, flag carrying AWB members

drove around the township provoking and threatening

residents, saying that they would meet the same fate as chris

Hani.

These men entered the township wearing black uniforms of the

(Ystergarde) and brandishing R-4 rifles. After this -display

of bravado by the AWB, youth retaliated by stoning and

burning white-owned property . Burnfng barricades were set up

to prevent any further incursions by the AWB into the area.

-15-

AWB leader Eugene Terre'Blanche's excuse for his members

presence in the township, was that they were looking for his

stray horses.

Terre'BI~nbhe's farm is 15km away from the township, not a

likely di~tahb~ for the horses to have strayed.

May 11 1991, marked the first publicised attack by

r ightwingers', on the black community of Ventersdorp. The

danger faced by such communities is ' becoming a matter of

grave concern. Terror campaigns such as these are usually

concentrated on areas far removed from the major cities.

These areas ' enjoy hardly any public profile. Thus making them

an easy target.

' IV. ' THE GOLDSTONE COMMISSION

4.1 ApIa

In ' its ,efforts to deal with the Apla "question" - The Sou'th

African Government placed a ring of steel around Transkei.

This was in response to Pretoria's belief that Transkei is

being used a~ ~ launching pad for attacks by ApIa.

-16-

J

The provisional findings of the Goldsto"ne Commission have not

provided conclu~ive evidence to sUbstantiate the above claim.

The report states that up to 15 000 ApIa members were/are

being trained in Tanzania.

After th~ April 1st meeting between Transkei's Major-General

Bantu Hofomisa and De Klerk, Holomisa agreed that Transkei's

chief justice ~,ould be appointed to probe the ApIa

allegations. Holomisa said the chief justice would work with

other structures including the Goldstone Commission. Holomisa

has since announced that the agreement is off following the

assassination of Chris Hani. Pretoria responded, by accusing

Holomisa of reneging on an agreement and threatened to

increase the ring of steel around Transkei.

Foreign affairs official, Wolf Rothkege l on a visit to

Tanzania believes that Tanzania seems likely to re-examine

its policy of harbouring ApIa. The Tanzanian government is to

seek the support of the OAU, to close down ApIa military

camps in the country and to pressurise the PAC .

ApIa in response to this has warned the SA government to

"keep away" from Tanzania or "face the consequences" . ApIa

spokesperson Romero Daniels accused, Pretoria of harassing

Tanzania, after failing to intimidate Transkei.

-17-

4.2 Arms

Legislation tabled in Parliament this month, outiined that

illegal possession of automatic weapons will be punishable by

a mandatory five year sentence. However, a section in this

bill provided for the handing over of armaments to the SAP,

within 60 days after commencement of the act, with no

prosecution following.

The Goldstone commission investigating the illegal import,

distribution and use of arms and ammunition , heard

submissions from the ANC , SAP and IFP in Cape Town during

April.

The SAP, claimed that insufficient manpower, not defective

legislation was the main reason for the probl ems experienced.

The present legislation governing the control of firearms was

adequate, minor changes, empowering police officers s houl.d be

made to strengthen the existing l.aws. These changes are :

police should be able to enter premises ' and se ize firearms"

should the person not be able to produce a licence. Police

shou ld also be allowed to open all packages containing arms

to improve control.

-18-

The }WC, favoured restricted possession of firearms. \

statutory am~ndments proposed are: Raising the age limit for

the issue of ' firearm licences from 16 to 21 years. Applicants

unde~go psychometric testing to assess suitability to possess

a firearm. Every applicant be restricted to one firearm.

Anyone found in possession of more than two illegal firearms,

be presumeli to have been dealing illegally in such arms.

(Business Day (8\4\93)

The Goldstone Committee report on the issue has not yet been

released.

-19-

V. ATTACKS ON INDIVIDUALS

4.1 Chris Hani

Janusz Waluz a 40-year-old Polish-born transport worker, was

arrested in Boksburg minutes after Chris Hani wa~

assassinated on Saturday April 10. Hani was shot four times,

three times in the head - he died instantly. An alert

neighbour took down the registration number of the vehicle

involved in the shooting and informed the police. The suspect

was then apprehended in the car and two weapons were found in

his possession. Further investigation by the SAP has revea led

a "hit list" in Waluz's home and that the weapon used to kill

Hani was one stolen from the SA Airforce on April 14 1990 in

Pretoria. Rightwinger Piet "Skeit" Rudolph was granted

indemnity against prosecution for the theft of the above

weapons.

Police have subsequently arrested CP member Clive Derby-Lewis

and his wife in connection with the murder of Hani. It is

alleged that Clive Derby-Lewis supplied the firearm which was

used to kill Hani and that his wife Gaye supplied the

addresses of various people on the hit li st to Waluz.

-20-

All three are due to appear on Wednesday May 12 in the

Boks~urg Magistrate's Court.

other names on the hit list include - ANC president" Nelson

Mand~la, SACP chairperson Joe Slovo and ANC executive

committee members Mac Maharaj. The list also contained the

names - of South Africa's foreign minister Pik Botha ,

chairperson of the Goldstone commission Judge Richard

Goldstone, Sunday Times editor Ken Owen, Beeld political

correspondent ~im du Plessis and Karen Brandt who is believed

to be a journalist.

As on the Reef - Chris Hani's a~sassination triggered

violence in Natal. On April 14 which was declared a national

stayaway by the ANC alliance shops in the Pietermaritzburg

area were smashed and several vehicles were torched. In

Durban similar scenes occurred when a group of people broke

away from the main crowd and damaged shop windows in West

Street and torched two cars.

-21-

On Monday April 5, the Natal area was rocked by yet another

massacre. Ten people were gunned down in the Murchison ~rea,

outside Port Shepstone. The ten were killed and two seriously

injured when a group of balaclava-clad assassins attacked the

family home of Do Solomon Nzama at Kwa sithole. ANC southern

Natal media officer Dumisani Makhaye said the attackers threw

a hand grenade through a window, then fired with an automatic

weapon through the windows and door.

Nzama's daughter said the victims were "comrades" who were

"running away from their enemies and did not want to stay in

the same place for a long time." However, a police

spokesperson said that they believed that most of the victims

had been involved in criminal activities ranging from murder

and assault to house breaking and theft.

six people were killed and eight injured on Saturday April 24

in an attack on a night vigil for a slain Inkatha Freedom

Party official in northern Natal. Two people were killed and

eight injured at midnight when unidentified gunmen attacked

mourners who had . gathered at a vigil for IFP regional

chairperson, Caiphus Dlamini. Some mourners then followed the

-22-

attackers and killed four of them not very far from the tent

in which the vigil was being held.

On April 21 a powerful car bomb exploded in a parking bay

underneath a 25-storey apartment building in Amanzimtoti on

the Nat,l South~oast injuring nine people . Nobody has yet

claimed ~esponsibility for the blast and the SAP have offered

an award of R75 000 for any information that will lead to the

arrest of the perpetrators.

6.1 ' Table Mountain

Two ANC members accus ed of the massacre of seven schoo l

children near Table Mountain in the Natal Midlands were

denied bail in l ate April. ANC member s sibus iso Zulu (1 9 ) and

his uncle Jeremiah Zulu (33) were denied bail after the case

wa s withdrawn against the third accused The~ba sibiya.

Following the bail application th e two were officially

charged with six counts of murder and 12 of attempted murder.

The trial is set to begin in August.

In a second case related to the attack on seven schoo l

children in the Table Mountain area - two me n Mabhungu

-23-

Dladla (24) and Nkay~so Ndlovu (21) were each given 10 death

sentences in the Pietermaritzburg Supreme Court on April 30.

The court found that two cold-bloodedly planned an attack on

a minibus and then "executed 10 men, women and children. The

attack was carried out by Dladla and Ndlovu on March 5 as an

act of revenge for the killing of seven school children in

the "Inkatha area" three days before.

Justice Howard also sentenced the two, to an effective ten

years each on six counts of attempted murder. Ndlovu was

sentenced to another eight and a half years for offences

relating to the possession of arms and ~mmunition.

VII. REEF VIOLENCE

Violence related to the Hani assassination left at least 80

people dead in the PWV. Violence flared on the Ea s t and West

Rand as well as Soweto and Seboke ng. At least 19 people were

massacred in separate shootings in Sebokeng on the night of

April 18.

-24-

In a particularly gruesome act, two men were bGrnt to death

on the day of Chris Hani's funeral. They were trapped- in

their houses nea-r the FNB stadium when hundreds of youths

went on the rampage. Police vehicles were stoned and shot at.

Peace monitors also came under attack from a small sect ion of

the crowd outsid7 the stadium. Some monitors were threatened

by the youth while others were told to supply the youths with

petrol from their cars for petrol bombs.

Attacks on journalists have increased since the beginning of ,. the ' year. At least 58 have been attacked - 43 of them since

April this year. 'SABC journalist Calvin Thusago and cameraman

Dudley Saunders were attacked in Sharpeville in late April

after filming the desecration of graves in the ~rea by th~

AW~. Three men were s ubsequently arrested for the murder and

all have pleaded not guilty claiming they were at work aOt the

time of the alleged attack. The men were apprehended by ANC

members in the Sharpeville community after an appeal was made

to local ANC structures to apprehend the perpetrattirs.

Shortly after the first attack, WTN cameraman, Sam Msibi, was

shot in Katlehong on his way home from work. His vehicle a nd

camera were stolen. Six people were arrested after Msibi's

vehicle was recovered and two firearms were confiscated.

Msibi is in a satisfactory condition in hospital .

-25-

7.1 self-d~fenceunits

The ANC has prepesed that Self Defence Units (SDU's), be

placed under the centre~ .of the Natienal Peace Accerd (NPA)

and te invelve these SDU's in cemmunity imprevement

pJ;"egrammE?s.

This prepesal is as· a result .of the ANC acknewledging that

SDU's have bec.ome law \,mte themselves. Seme .of the reasens

f.or this decline accerding te Obed Bapela are: the hijacking

.of the SDU's by crim~nal eleme~ts, the infiltration .of pelice

infqrmers ~s well as members being tee .yeung and lacking the

maturity fer the task.

Plans te restructure and impreve the image .of SDU's, as

pl'opeseq. by the ANC are: the intreductien .of a vetting system

and a str~ngent set .of requirements that have te be met. Any

per sen net able te fulfill these iequirements will be

excluded frem participating in the SDU's. Te reinferce the

legitimacy .of the .SDU's, jeint centre 1 structures

representing a ·cress sectien .of greups in each cemmunity,

weuld take charge .of the SDU's. This ceuld be .one a way .of

helding SDU's acceuntable fer their actiens.

-26-

Membership of an SOU will only be open to long standi~g

residents in the ~ community. Thus SOU's could include peop l e

from any political ideology. The age of prospective members

will also be reviewed, those under the age of 18, will not be

encouraged to joi~ an SOU.

However, these proposals should not be seen as a final

solution. This restructuring may prove to be more complex.

There can be no immediate guarantee that current SOU members

would be willing to surrender their "only" means of survival.

Also placing the responsibility of SOU's on communities , is

not in itself clear. Communities within themselves could be

divided, thereby providing a very unstable base of control

for the SOU.

7.2 Sowetq

International Observer Missions in South Africa deplore d the

actions of the police and in particular their eagernes s to

use arms in volatile circumstances following the fatal

shooting outside the Protea Police Station on April 14.

-27-

Four people l _ost their lives (one of the deceased war? Sam

Tampane, secretarY general of the ANC, Soweto branch) and 245

people were injured.

On April 14 a commemorative rally for slain SACP general

secretary Chris Hani, was held in Jabulani, Soweto . After the

-rally tile crowd marched to the Protea police station to hand

over a memorandum. According to a BBC journalist, who was

injured, the attack was unprovoked and unnecessary. The

citizen (15\04\93), detailed the attack as follows:

The crowd taunted the police. Some of the crowd had broken

the fence outside the police station and pulled the blue

light out of the ground. Police in camouflage uniforms stood

behind the gate rifles and shotguns at the ready. A lamp post

outside the gate was kicked over. Tempers rose when a yellow

armoured police truck drove through the crowd. People thumped

on its sides and stones were thrown at it.

Suddenly, without warning, the air filled with teargas smoke,

the crowd scat~ered screaming. The shooting continued

sporadically as the crowd dispersed.

-28-

commissioner of , police, General Johan van der Merwe, said

that police at Protea were forced to open fire on a mob that

attacked them. The acting minister of Law ' and Order, Tertius

Delport, said th\'lt he was satisfied that the police acted

with restraint.

The Goldstone Commission is to investigate the matter. Over

200 statements from those injured will be examined by the

commission.

According to the sowetan (16\14\93) survivors of the attack,

gave conflicting accounts of the shooting. Some '~i~ im that

the , attack was unprovoked, while others claim that the police

shooting was 'in response to the police vehicle being stoned.

The issue at hand despite the "conflicting'; reports is clear

- Did the act of stoning a police vehicle warrant the use of

live ammunition by the police? The mere act of driving a

police vehicle through an angry crowd can be considered to be

provocative. The question that remains - is, given the anger

of the crowd was there no other mearys available to the

police, to disperse the crowd other than through the use of

live ammunition.

-29-

Abuse of policp. powers once again surfaced in Soweto this

month. Nonhlanhla Cindi, testifying at the inquest into the

death of her husband Fani Cindi (he was shot outside his home

. in Soweto in December 1989), alleged that one of the

policemen implicated in her husbands death, told her that he

had killed her husband and that he would kill her too.

The policeman in question, is Lieutenant Henry Beukes, who

was suspended from the force earlier this year, after being

found criminally liable for the death of detainee Bethuel

Maphumulo. For further information see the February and March

1993 reports.

7.3 The Vaal

Vaal townships, which were relatively quiet after the

successful peace summit in February, are again under siege .

The Board believes that there is a very thin line between

wha~ constitut~s criminal and political violence in the Vaal.

It is no longer clear whether random attacks are politically

or criminally motivated as both criminals and activists tend

to use the same modus operandi.

-30-

Five people were ~hot dead in an attack on an Evaton home

near Vereenigingon April 2. The occupants of the house

including, a nine-month-old baby boy were ordered to go into

the bedroom, by five gunmen, who then opened fire. The owner

of the house , Vivian Sibande (26) was among those killed.

Others killed were Alpheus Mazibuko (26), Nomathemba Moloi

(23), Veronica Pharasi (29) and Pinky Morake. All the dead

were returned exiles

The nine-month-old baby was not injured in the attack. The

attackers ransacked the house, the n fired shots into the

street a's they left injuring Paul Masola (27) and Sello

Ramaphiri (28). The attackers fled in white BMW which was

later found abandoned near Sharpeville.

About a week later two people, Amos Matlaping (20) and Simon

Ngubeni ( 20 ), were arrested and appeared in court in

connection with the incident

On April 3 1993 - six gunmen stormed a house in Sebokeng ' s

Zone 3 at about 22 hlO. The gunmen ordered the occupants to

lie on the floor and demanded money.

-31-

In the ensuing struggle the owner of the house, Jeremiah

Rantsolase (42), was shot in the leg and the shoulder. Three

people, Johhny Mlambo (40) a taxi-owner, Hendrik Sefafe (50)

and Thomas Maloale (30) were killed instantly. Several other

people including Jerry Pepesa (34), Bernice Molefe (38),

Gabriel Vilakazi (40) and an off duty policeman, Constable A

Mofokeng also sustained injuries. The gunmen fled in Mr.

Mlambo's Toyota Corolla.

The police said although 9mm pistols were used in both

incidents, there was no evidence to link. the two attacks.

Two people - Jabu Landa and 'l'habo Madayi both of Boipatong -

were killed and two others - Jimmy Msibi (42) and James

Diutlwileng (36) - were wounded during a march in

Vanderbijlpark to protest against the assassination of Chris

Hani.

A man who is allegedly a member of the Conservative Party

(CP) 'and who, has close ties with the AWB, opened fire from

his bakkie on a group of marchers. Ignatius Michael Kruger

Odendaal (52), was arrested shortly after the incident and

held under section 29 of the Internal Security Act.

-32-

Odendaal was po~nted out as the gunman. Police recovered the

murder weapon, a } .357 Magnum, at the scene. He appeared

before a Vanderbiljpark magistrate on Monday, 19 April 1993,

on two charges of murder and two of attempted murder. He was

sent for 30 days psychiatric observation at the request of

his defence counsel.

The case was postponed to May 19 1993.

7.3 .1 The 'Boipatong Massacre

A group of 74 IFP supporters, mostly residents of the

Kwa-Madala hostel in the Vaal Triangle, appeared in the

Delmas Circuit court, on April 13 1993, in connection with

the Boipatong massacre where more than 40 people were killed

on June 17 1992 . The state withdrew all charges against 27

of the accused and postponed the case against the remaining

47 to May 10. No reasons were given in court for the

withdrawal of the charges.

The remaining 47 ' would face more than 100 charges, including

murder, attempted murder, public violence and malicious

damage to property . All the accused, except for one who is

-33-

serving a six year sentence, were again released on bail and

have to report to the Vanderbiljpark police station each

Monday.

other accused in the same case had charges against them

withdrawn during an earlier hearing in the Vanderbiljpark

Magistrate's Court.

7.3.2 Eikenhof

Following the attack in Eikenhof which claimed three lives

and a subsequent attack at the end of Ma~ch which left one

person dead there has been fears in the Vaal area of a

backlash. The ANC has accused the police of "launching a

reign of terror" against MK soldiers and ANC members in the

Vaal area.

The ANC alleged that 15 MK soldiers were detained during a

raid in the Vaal area. The detainees were a llegedl y tor ture d

and questioned about the attack in Eikenhof.

Boy piti Mdwene (19) and James sithube Bhola (24 ), were

arrested under section 29 of the Internal Security Act in

-34-

connection with the first attack, both men are from Small

Farms in Evaton. The two pleaded not guilty to three counts

of murder and six counts of attempted murder.

A third ' ~uspect wanted in connection with the March 19

shooting was handed over to the police by the ANC-PWV

region. The suspect, sipho "Fish" Gavin (22) approached the

ANC claiming that he had not taken part in the attack and

want~d to be handed over to the police to clear his name.

The ANC said that Gavin was afraid to go directly to the

police for fear of harassment. The move came after ANC

President Nelson Mandela's goodwill speech and the ANC s aid

it was in keeping with the organisation's policy of

co-operating with the authorities.

A fourth suspect , David Mokoena (18) was arrested a day

later.

The .case continues

An attack on April 18 in Sebokeng which left at least 19

people dead and 21 injured has fuelled anger and frustration

in the area. Most, if not ·all, of the attacks were carried

-35-

out by four Black men driving a VW Jetta according to

eyewitnesses. The car had earlier been hijacked in Zone 11

after which the occupants, Mr. and Mrs. Joseph Machobane,

were killed . The same car was later found gutted in Zone 12.

The SAP have offered R250 000 for information leading to the

arrest of the gunmen. Mai'n roads into Sebokeng were

barricaded after the shooting and all private vehicles are

being stopped and the drivers questioned.

Many residents are bitter that the police failed to act when

they were contacted after the first shooting incident. ANCYL

members staged a sit- in at the Sebokeng police station where

t hey demanded the withdrawal of the police from the

township . Residents accused the police of compli c ity in the

random attacks.

President De Klerk later announced tha t "the Sebokeng po lice

had been withdrawn from their base to protect thos e taking

part in mass action and had therefore not been there to

protect the people of the township".

-36-

, The ANC issued a statement claiming that the police had

earlier ordered residents into their homes, away from the

streets, and that calls for assistance to the police based at

Vanderbij lp':l,rk, Venieniging and Sebokeng remained unanswered.

The statement further said that the attacks showed all the

signs of "third force complicity." Angry residents allege

that police ~enegades - some of whom are black policemen

whose homes were destroyed by the "young lions" over the

past two years - ha~e formed a vigilante ~roup which is now

exacting revenge on residents, with the con~ent of their

seniors. The police denied this saying there wa~ no evidence

to support such a claim.

J .4 The East Rand

The Bani assas s ination was particularly hard felt in the Eas t

Rand where he made his home on returning from exile. several

people were killed on route to the Hani fui1er~r vlh e n they

passed sev~ral IFP hostels. In Vosloorus three ANC mourners

were shot at from the Thoko zani Hoste l ~ wellknbwn I FP

stronghold.

\

-37-

Three other people were shot dead outside the Kwesine Hostel

in Katlehong and one person was shot by the police and ten

wounded when they opened fire near the Hani home.

Gunmen in the Zonke'sizwe squatter camp killed two mourners

and wounded three others when mourners travelling back to

Sebokeng from the funeral lost their way. Police have

arrested five suspects.

7.4.1 Holomisa Park

Five people including four community le:aders at the Holomisa

Squatter Camp were shot dead on the night of April 20 1993.

One of the victims, Elizabeth Ngangweni, was found dead in

the field with her baby still sleeping on her back.

Themba Sigonjela who had been visiting ,community leader

Victor Ngqwemla was the fifth vict~m. He was shot dead in h i s

friends bed. The other community leaders killed in the attack

were Nicholas Lulama, Mackson Mabona and Oupa Mdlala

Ngqwemla said he recognised the gunman as somebody who had

left the squatter camp after a dispute with other residents.

The police are investigating.

-38-

7.4.2 Thokoza

Following Hani's assassination a stayway was called for

Wednesday April 14 - most residents of Thokoza heeded the

call and attended a - memorial service in the township.

However, many residents on their return from the service were

subject tb harassment by members of the IFP. Several people

were assaulted and informed the Board that they wished to

have police protection as they feared their property would

come under attack. On the day of the Hanifuneral -most

businesses in the area closed. Businessmen were then told by

members of the IFP that seeing that they closed on Monday

April 19 they should shut up shop permanently . Two of th e

Board's researchers then approached WjO Radebe at the Thokoza

Police Station who said that he would sent a patrol to the

. area and then requested that the Board inform the lOcal SADF

base. captain Van Zyl of the SADF, based ai Ste enpunt,

Thokoza agreed to extend his patrols to the area .

Intimidation of residents living near the hostel continu e

unabated. Residents are still forced to pay protection f ee s

to the local Inkatha induna s and more recently businesses

have been told to contribute RIOO towards the bail of a w~ ll

-39-

known Inkatha member, Archbishop Mbhekiseni Khumalo. Khumalo

is currently facing several murder charges.

What is of particular concern to the Board is the fear that

many local residents have in reporting cases of extortion and

intimidation to the SAP. Many have expressed the wish to lay

charges but are afraid that their homes will be attacked

should it be known that they have laid a complaint.

VIII . THE WESTERN CAPE

Violence flared in the Cape following the death of Chris

Rani. Burning barricades were erected and several cars stoned

as the news of Hani's assassination spread.

An ANCYL demonstration in Khayelitsha ended in chaos, when

councillors fired shots to disperse a crowd. No-one was

injured by the gunfire, but some people sustained minor

injuries while trying to take cover.

The Goldstone Commission is to investigate the shooting .

A march to the ~emorial service in st George 's cathedral for

Chris Hani ended in chaos as youths looted and rampaged

-40-

through the city ceptre. A police officer and ANC NEC member

Trevor Manuel were a~saulted when they tried to stop youths

from pillaging a clothing store.

As speakers addressed, the crowd - youth were engaged in

running battles with the SAP. Police fired birdshot and

teargas to disperse the stone and bottle throwing youth

Damage estimat~d at Rl ~ 6 million was caused to Metro trains

after thousands of marchers caused havoc en route to Cape

Town. Toyi-toying had ~aused one train to derail and another

to hook and pull the overhead wires down.

IX EASTERN CAPE

Clashes between the PAC and the ANC continue in the Border

area. Following the death of Lata Camagu, a member of Fort

Beaufort Pan Africanist Student organisation (Paso) - the PAC

pulled out of regional peace talks. The PAC has accused the

ANC and SAP of complicity in camagu's murder. According to an

internal ANC investigation into the murder, Camagu was killed

by PAC members. The reason being that Ca~agu was straying

away from the PAC.

-41-

Clashes between the ANC and PAC in Bhele village, outside

Fort Beaufort, left Mxolisi Sangotsha, a member of the ANC

dead. He was allegedly shot by four PAC members. One witness

to the killing claimed that Mxolisi was killed by PAC and

Ciskei's African Democratic Movement (ADM) supporters.

Christo ~ouw, Border police liaison officer claimed that the

Border region was a model for peace. Despite a few

incidents, all parties co-operate effectively.

x. CONCLUSION

The Board's December/January report expressed concern, as to

whether the activities of Military Intelligence (MI) agents

would ever be fully exposed.

In light of the above yet another revelation has been made,

linking South Africa to the Angolan Civil War. Major-General

Bantu Holomis~, quoting from an article in a German mtlitary

magazine Top Secret, claimed that SA agreed to support Unita

leader Jonas Savimbi's military campaign in exchange for the

exclusive sale of Angolan diamonds to De Beers .

-42-

Military equipment ,was also allegedly given to savimbi. On

April 27 Business Day, reported that intelligence sources

regard the magazine ' Top Secret as reliable and that it

appears to ~ave contacts within the SA military. Top Secret

editor Michael Opperskalski, is reported as being willing to

help South Af~icans investigate.

In addition to the above, the magazine alleged th'at Janusz

Waluz (Hani's assassi~), belongs to a unit set up by the MI

and SAP, calle-'d "Operation Thunderstorm". The aim of ,this

unit is to neutralise the ANC's intelligence and purge

militant forces under the guise of anti-crime and anti-ApIa

operations. - The names of rightwing groups are used as a

cover.

Defence Ministry spokesman Das Herbst, denied this report,

c~alling it "substantially, disinformation"(The Citizen

28/4/1993). Julian Ogilvie Thompson - ,De Beers Chairman

denie~ that De Beers was involved with Unita in securing

Angolan diamonds.

-43-

The Board views this revelation in a serious light. The South

African public have now become "revelation" and "commission"

weary.

Revelations of dirty tricks by government departments,

corruption and the misuse of tax payers money are the order

of the day in· South Africa .. The result being that people

regard this as normal. AccOuntability on the part of the

government is not an experience familiar to South Africans.

As a result all faith is lost in the justice system as a

means of dealing with issues. The sooner people are made to

accept responsibility for their actions, the easier the

transition would be towards ending the violence.

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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