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7. The keeping of an informal registerwhich gives the following particulars:(a) name of the detainee;(b) date;(c) if he has washed;(d) if he has had his meals;(e) his health state;

(f) his signature;

(g) remarks by the police;(h) signature of the police official.

The particulars from (a) to (f) are written in by the detainee in his own handwriting and a certified copy of the register in respect of Neil Aggett is attached.

299 I perform my duties from 07h30 to 16h00 fromMonday to Friday. On 4 January 1982 in the morning, Dr Aggett mentioned to me that his back was sore and he asked for a pain tablet. I told him that I would rather send him to the doctor but he said that he did not want to see the doctor and that he just wanted a pain tablet. He told me that he had had back problems for a long time. I gave Dr Aggett a Brufen 200 mg tablet which he drank. Thereafter, on 5, 6, 7 and 8 January, I gave him a 200 mg pain tablet each day. An appropriate entry was made in the register.Dr Aggett never mentioned to me that he was in any way assaulted. I last saw him between 15h30 and 16h00 on 4 February when he came back from investigation. He was completely normal. He was as I had seen him daily and had got to know him. I saw nothing unusual. He was always a very quiet person. He was kept in cell No 209 with a reference number, 3004/12/81. The keys to the padlock are kept in the office of Colonel Olivier of the security police. Every morning after I have

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reported on duty, I collect the key from his office and keep it in my care until I go off duty and then I take it back to Colonel Olivier's office. The duplicate is kept in a sealed bag in the charge office.

300 am the security policeman keeping charge ofthe detainees. I carry the keys of the cells.

302 Dr Aggett noted down himself about hisbackache. This was in my presence. The register was written every day and the remarks written down. I did not bring the register with me.

302 When the detainee reports to m e , I say I amgoing to send him to the doctor and if he does not want to see the doctor, then he asks for a pill or something and I give him what he asks for. The detainee decides himself whether he must be taken to the doctor.

303 If someone tells me he is very sick, then Isay I am sending him to the doctor. In the case of Dr Aggett, he personally said he did not want to see a doctor.

303 I keep the medicine in the office alongsideme. I have got control over it.

303 Dr Aggett chose to take a pill. I decided togive him the pill.

30 3 I know that Brufen is used for pain.

25 303 In most cases I use AP Cods.

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304 I did not know that Brufen was on Schedule 3I made no entry that he himself requested Brufen.

304 My duties do include seeing that they getex rc He can choose his own exercise.

The place of exercise is in the passage or he can do exercise which he chooses with his hands and feet.

304 If I come to the detainee, then he does hisexercise under my supervision but there is nothing which prevents him from doing exercise in his cell.

305 I tell the detainee it is time for exercise.

305 I let the detainee exercise until he istired. If he tells me that he has exercised enough, then I am finished with him and I take him so that he can wash.

305 The type of exercise is that he can run or hecan do press-ups or he can do frog jumps or any exercise which he chooses to do.

305 There is enough space in the passage to run.

305 Each one of the detainees does exercisesunder my supervision. I am present. I am present for each one each day. They exercise apart.

305 When the magistrate comes, I show him theoffice and then he waits there and I fetch the detainee and the magistrate talks to the detainee in the office on the second floor.

When the magistrate is finished, I take the detainee back.

If the detainee is not in the cell, then I tell the magistrate he is not in +~he cell.

If the detainee is on the tenth floor, I tell the magistrate what I know about the detainee; he may be out on investigation, he may have been released or he may be on the tenth floor.

By out on investigation I mean that, if the detainee says there is something which he would like to show the police at a place away from the police station, then he is out on investigation.

If he is on the tenth floor, I would say to the magistrate he is on the tenth floor and I would go with the magistrate to the office and I would fetch the detainee and hand him over to the magistrate so that the magistrate can talk to him.

That is what I do normally.

If the magistrate said he wished to see Dr Aggett, I would have fetched him, but if the magistrate said he was not going to see him, then I abide by the decision of the magistrate.

With regard to 6 January, I remember the magistrate was there. I do not know what his reason was but he did not want to go to the tenth floor - he had something else which was of importance to him.

I do not remember the visit of Magistrate P C van der Merwe on 29 September (must be December) but it sometimes happens that the

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magistrate is in a hurry to get away and then I have to abide by his decision.

307 I remember the day that the inspector saidthat he wanted to talk to somebody and he would not wait until Dr Aggett returned.When I told him that Dr Aggett was not there, I meant that he was not in the cells.

30 8 I can't remember if I said that he was out oninvestigation.

308 Most unsatisfactory responses to questions,

308 I remember I told the inspector I would look,but the inspector was in a hurry - he wanted to get away.

308 He did not want to wait.

308 I could not leave him with the others andthen go up to the tenth floor to see if Dr Aggett could see him. I had to wait until he was finished.

308 I am the only security man at the cells and Ihave no others that can go up.

309 There is no telephone between the secondfloor and the tenth floor. The telephone only came later.

309 It is correct that every time the inspectoror the magistrate comes to see detainees, he must deal with me.

The District Surgeon seldom comes to the second floor - the detainees are normally taken to him.

I would make yesterday's entries in the register today. I do not wait for a week and then make the entries. It does not look as if the entries for a whole period of days have been made at the same time.

I presumably forgot to write in that he had seen the magistrate on 18 January.

It doesn't help anyone if I were to write in that he had not seen the magistrate.

I know the provisions of the warrant about exercise of one hour per day.

There were 12 to 15 people in the cells when Dr Aggett was there.

I was personally in control of each one of the 15 exercise periods. I did it every day five days a week.

Exercise was under my personal control.

"It is correct that I gave attention to between 12 and 15 hours per day of exercise."

I have explained to the court that I allow the detainee to exercise and when he is finished or he says he does not want to exercise anymore, then I am finished with him.

They do not normally use the whole hour.

I never look at the time - there are some detainees who take more than the prescribed time and others less.

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313 Dr Aggett took less than the prescribed time,every time. He normally jogged.

314 I did not count, but I watched Dr Aggettwhile he ran up and down in the passage.When he was running, the other detainees were locked in their cells.

314 If Dr Aggett was not there, then he did notget his exercise.

314 When he came back, if I knew that he had notreceived his exercise, and I had enough time, then I would let him do his exercise or I would let him have his exercise before he went upstairs.

I repeat that Dr Aggett did not want to see a doctor.

315 I showed Dr Aggett the medicine cupboard andhe chose the Brufen himself and took it outhimself. I did not check this with theDistrict Surgeon.

315 Dr Aggett himself decided to take only onetablet per day.

315 I have no knowledge of the recommended dosageof 1200 mg per day.

316 I do not keep Valium tablets.

316 Every time that the magistrate and theinspector reported that the detainees were not available, they were too much in a hurry to get away. It does not make sense to me to fetch a detainee and then find when I get back that the magistrate is not there and that the inspector is also not there.

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316 If the magistrate or the inspector choosesnot to wait, then I can't force him to wait.

316 It is not possible to go and fetch thedetainee while the visitor 5s busy with the other detainees. Every \ -?e must be kept separate.

317 If I have to go up to the tenth floor, then Ican't see to it that the detainees don't make contact with each other.

317 I noticed nothing abnormal in the appearanceof Dr Aggett.

317 I saw Dr Aggett on the 4th, between 3.00 and4.00 in the afternoon. I saw him when he was being booked in at the first floor. I did not try to talk to him.

319 If a detainee elects to exercise in his cell,I let him do it. The cells are very big.

319 When a detainee speaks to the magistrate, hespeaks to him privately.

320 The entry in the occurrences book under 4January 1982 that Dr Aggett was out on investigation would have been by the uniform people. They have control about who goes in and out. I did not see the entry that day.

320 Detainees see the doctor at the doctor'soffice.

321 I sometimes called at the cells in theevening. I would call out of interest.

It was quite normal for Dr Aggett to be reading late at night.

Dr Aggett was never sulky or offhand. He was quiet. If you asked him to do something, then he did it. If he asked you something, he just asked and that was the end.

There was a vast variety of foe i, -«jov s and other things which were given to : from time to time. I had nothing to do with this.

If he asked me for something, I would convey the request to the tenth floor.

I cannot remember him ever asking me for anything.

There was simply a decision that the people could get food and books. I do not know who made the decision. As far as I am aware, a man gets everything which is in his parcel.I do not know of times when books and food have been taken away.

W/0 J S Marais is called.

On 4 February I came on duty at 20h45.

At 01h45, Agenbag reported to me that Dr Aggett had hanged himself.

I immediately informed the security police. After that I informed the station commander and the divisional commissioner. After they came, I went on with my work in the charge office.

The key was taken out of its bag after the security officers had arrived.

I telephoned Colonel Oosthuizen first. He did not come.

Only Colonel Scholtz and Colonel Muller arrived in response to my calls. Colonel Scholtz rang Colonel Muller.

I did not take the key because it was reported to me that the man was already dead. I did not believe that he could make a mistake. If he was still alive, we could have cut the rope from outside.*

I did not ring for a doctor because I did not know what the procedure was in connection with security prisoners. It was for them to decide if a doctor must be called or not.

I did not see Major Cronwright or Lieutenant Whitehead there that night. I did see Major Cronwright after the event, in the charge office. That was after Colonel Scholtz had arrived.

As a result of shortage of staff, I can only visit the cells when work allows me to do so.

The inspection of the cells takes at least half an hour or longer.

We do not wake the prisoner.

Some wake up but not all.

We turn the lights on where they are off and then we turn them off again.

We simply ask a man if he is all right. If he is asleep, we wake him.

It is correct that we wake detainees every hour.

Dr Aggett was lying on his mat. He was awake. At this stage I can't remember if he gave a sign or if he answered. The light was on - we did not have to turn it on.

If a detainee was sick, I would tell the security police before I called the doctor. They must decide what to do.*

I cannot remember who the officer on duty was. Captain Victor is a detective officer. He was not the officer on duty.

It is not practically possible to visit the cells every hour. Normally it was possible to visit the cells four to five times a night. That is from 21h45 to 06h00.

It is a security precaution that people must be woken up. I saw Dr Aggett in the weeks before his death at the time of cell visits. He was a quiet man and he also did not give trouble. His general appearance was normal. When I saw him the night of his death, he lay on his bed and if I remember rightly he was reading a book. I saw nothing unusual.

The affidavit of Constable Enslin is read into the record.

He came on duty at 21h4 5 and he can remember that at 00h50 Sergeant Agenbag told Martin to make an entry in the register about the cell visit. At 01h20 Agenbag said he was going to visit the cells and he came back 15 minutes later and told me and Martin that Neil Aggett had hanged himself. He went off to call Marais at the charge office. We went down to the second floor where Sehloko showed us where the man was hanging. We came back and got on with our work.

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338 Kuny informs the magistrate that we will askif we want to have this man examined.

340 W/O C W Lambrecht is called.

340 He is a fingerprint man from the SACB inPretoria. He visited the cell on the morning of 5 February 1982. He found fingerprints on the grille to which the piece of material was tied and these were the fingerprints of the deceased.

341 I believe that I was called there byBrigadier Swanepoel.

343 The fingerprints could only have been made bysomebody who had climbed up on the bar - there are strengtheners in the bar work. I found that I could get myself up practically to the roof.

343 There are many factors influencing the age ofa fingerprint and I cannot be certain about the age.*

344 I found the fingerprints where the knot wasat the higher end of the grille.

344 I did not see any other identifiable markslower down. There were marks but not identifiable fingerprints. He did not lift any other fingerprints because there were no others that were identifiable. At this stage the body was still hanging from the grille.

345 Captain J C Strauss is called.

I got a warrant of arrest on 27 November 1981 from Colonel Muller. It was a search warrant. I will read from my statement.

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25involvement with forwarding the aims of the banned African National Congress. He was quiet and did not ansv/er. I showed him the search warrant. Then we went to his house at Fairview and I laid hands on various exhibits. Then we went to his office and i hen I took him to John Vorster Square whereI handed him over to Major Cronwright at about llhOO.

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346 I told him I was arresting him because of his

20 348 I interrogated Dr Aggett in connection withhis ANC and SACTU activities within the African Food and Canning Workers' Union. He did not co-operate. He refused to answer any questions and he simply said shortly, "Come on, you tell me". He also said, on the way to Pretoria, "Fuck you - you've arrested me". That was on the 27th.

23 348 I had a detention warrant under section 22and also a search warrant.

26 349 I did not have a warrant for the arrest.

12 350 Dr Aggett was arrested. I arrested him. Thearrest was under section 22.

16 350 He was detained. There is a differencebetween arrest and detention.

22 350 I only arrested him. I did not have awarrant for his arrest. I had a warrant for his detention and a search warrant. I did make an arrest. I arrested him for forwarding the aims of ANC.

2 352 The police station I took him to was PretoriaCentral Jail. I booked him in there as a detained person. He was also detained.

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353 I handed him over to W/O Cloete of thesecurity branch, Johannesburg. I handed him over outside the Pretoria Prison.

353 Interruption by court who suggests th~>tcounsel is playing with words.

355 Court says that it is clear that the captainhad a warrant and that he found the man and took him to Pretoria.

356 The captain says he was accompanied by MajorMahoney and Detective W/O Horak and woman Sergeant Meyer and woman Constable Knight.

356 Major Mahoney was in charge. I arrested NeilAggett and the major arrested Dr Floyd.

356 Each of us made a list of the goods weseized. Sergeant Joubert was present.

357 I discovered a mistake in my statement. The occurrence was on the 27th and not the 26th. The time is also wrong. It was a long time before 11 o' clock that we got to the security police offices. It must have been about 9 o' clock that we took Dr Aggett to Major Cronwright.

358 I think that Major Cronwright was responsible for the entry in the occurrences book at John Vorster Square.

359 I warned Dr Aggett in accordance with thejudge's rules. I told him that we arrested him because of his activities in the ANC and I warned him fully under the judge's rules. Upon this he had nothing to say. He did not answer, he just said nothing.

I tried to question him on the way to Pretoria but he answered nothing.*

I tried to contact the sister of Dr Aggett about his detention but I found that she had long since left the telephone number where I rang. She was to all intents and purposes unknown at that address. I later traced her and informed her.

Dr Aggett told me that he had lost all contact with his parents.

I handed over the complete list of stuff taken to W/0 Prince.

The search warrant makes no mention of anybody having committed an offence. It simply talks of the offence being the forwarding of the aims of an unlawful organisation, the ANC.

The search warrant does not mention a person.

An affidavit was attached to the search warrant.*

Detective W/0 L C P Prince is called.

He hands in an inventory, Exhibit Y2.

I drew up the inventory. It is of documents and books which I consider relevant to the political activities of Dr Aggett.

Here follows a list of 109 items: Various documents of the ANC and a wide selection of other literature including written notes on the Industrial Conciliation Act.

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370 There are inventories which were made inmanuscript.

The inventories of all the documents were handed over to m e . I will bring the inventories to court tomorrow.

Dr Aggett's inventory was signed by him but I do not know about Dr Floyd. The books were put in my possession.

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372 Captain Strauss handed over the books to me at John Vorster Square on 27 November. I was not with him when the books were found. I did not draw up the list on the day the books and documents were handed over to m e . I did this about two weeks after Dr Aggett, in the presence of Major Cronwright, had identified his property to me. In the meantime, I kept the books and documents in safe custody.

373 I compiled the full inventory on 10 or 11 December, about two weeks after the arrest.Dr Aggett had pointed the stuff out to me in my office at John Vorster Square. Major Cronwright was present.

3 73 There were some documents which were togetherin a file and then he would simply point out the file and say whether the file, together with everything in it, belonged to him or not.

374 There were also a lot of documents which Idid not consider relevant and which are still in my custody.

374 The list signed by Dr Aggett is Exhibit Y3and the one signed by Dr Floyd is Exhibit Y4.

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375 Only the containers of the documents appearon the inventory. The documents themselves are not on the inventory.

375 The first three documents, relating to theAfrican Nat: ,-r ongress, were found in the black leathc^ oa_j of Dr Aggett.

376 The black bag appears as item 1 on theinventory but not the documents.

3 76 When I drew up the list, I knew that the ANCdocuments were not on the signed list.

377 Only one list drawn up by Major Mahoney hasbeen signed by Dr Floyd. I believe that this list was drawn up by Sergeant Joubert. I cannot say whose handwriting it is.

377 It is correct that certain documents listedas belonging to Dr Aggett indeed belong to Dr Floyd. I knew this when I cleared the matter up with the parties concerned.

377 But I still say that the documents were foundin the possession of Dr Aggett.

378 The witness tries to explain about how theconfusion arose between the books and documents but is interrupted by the magistrate on the grounds of relevancy.

379 I made no mention in my affidavit of 3 Juneabout Dr Aggett pointing things out.

380 The books were handed to me in variouscontainers, cardboard boxes, hand cases, plastic bags and the like. I spoke to Major Mahoney about them.

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381 The witness seems to say that documentsseized are identified with a signature and a date but that when they are in a receptacle, only the container will be initialled or signed and dated.

381 Book No 5 0 has a name , c but it is not DrAggett1s name.

382 Book No 52 has a name which is not DrAggett's name.

3 82 The books and documents which appear on theinventory which I drew up were identified by Dr Aggett personally to me and he personally handled them in the presence of Major Cronwright and myself.

383 The book 'Focus on Lesotho1 is relevantbecause Dr Aggett admitted to me that he was in touch with SACTU and I am aware that SACTU people are in the Pvepublic and that they handle a network between Lesotho and the Republic.

383 I could not put every word uttered by DrAggett into my statement.

383 I was often in the office when Dr Aggett wasbeing questioned but I did not stay there for any period.

383 I told the police who interrogated him thathe had made the admission about SACTU.

383 I told this to Lieutenant Whitehead,cannot remember the date.

383 I think it must have been in December that Itold him that.

It was not necessary to make a note about this.

It was an important admission but I understand he made such admissions and there was nothing strange abc

Dr Aggett told me that he had contact with SACTU personalities. He did not say what kind of contact. I did not ask about it.

At that stage this was nothing exceptional. I knew it already.

It was not my job to interrogate him. I was in charge of the documents and the exhibits.

I did not say that Dr Aggett said that he was affiliated to SACTU. I said that he had contact with SACTU personalities.

I think he said "I have got contact with SACTU people".

I knew already and it was not news to me and it was also known to the investigating officer. I had discussed this with Lieutenant Whitehead.

The three ANC documents were in a black leather case. It looked like a school case.

This case was handed over to me on 27 November. I opened the case on the day when I decided to go through the documents and when Dr Aggett pointed out to me what was his and what was not his.

I do not believe this was on 10 or 11 December. I think it was a day or two before

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I drew up the inventory or perhaps the morning of the first day that I had him there.

390 I cannot remember a particular day. He couldhave been in Pretoria jail at the time and he could have been brought out for investigation.

390 It was between 27 November and 10 December.

390 It was on the tenth floor of John VorsterSquare.

390 I called Major Cronwright to my office to bepresent as a witness when Dr Aggett made this admission.

391 Before we could begin sorting out thedocumentation with Dr Floyd, she was taken into hospital.

392 This must have been between 2 7 November and10 December.

392 I must have told Lieutenant Whitehead aboutthis a couple of days after Dr Aggett had told me. It must have been between 27 November and 10 December.

392 Lieutenant Whitehead is generally accepted atthe Square as the person who has to do with the investigation of labour matters.

393 It is possible that Dr Aggett was firstinterrogated on 15 December. I had nothing to do with his interrogation.

393 I do not dispute that Lieutenant Whiteheadfirst interrogated him on 21 December. I

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assume that Lieutenant Whitehead knew these things before Dr Aggett's arrest.

39 4 I drew up the inventory over two days, 10 and11. When I drew up the inventory, Dr Aggett was not present. He had already pointed out the stuff to me and I had put it on one side and then I went through it and I decided in my judgment what documents were relevant and what were not relevant.

394 I opened the black case in the presence of DrAggett. Between the time the case was taken and I opened it, it was in safe custody. I had the key and I gave it to Major Cronwright.

394 Dr Aggett claimed the case and everything init as his own.

3 95 I concluded that most of the documents werehis and that only a few personal documents were Dr Floyd's.

395 I drew up the inventory on what Dr Aggettpointed out to me.

396 Dr Aggett was quiet. He never behavedawkwardly to me. He was helpful.

396 I saw Dr Aggett not more than three daysbefore his death. I must have seen him in the offices. I noticed nothing strange about him.

400 Colonel D G Oosthuizen is called.

I am the station commander at John Vorster Square. One of my duties is to visit the prisoners and I do this each day.

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401 I visit each cell and the detainees inparticular. Each one I would ask separately if he had any complaints.

401 I did come personally into contact with thedeceased.

401 The deceased always said he had nocomplaints. I saw him in the cells on 4 February.

402 If Dr Aggett had made a complaint about histreatment during interrogation, I would have taken a statement from him. And I would then have informed the commander of the security police.

402 I can't say why Dr Aggett did not complain tom e .

402 It is quite clear that I am responsible forthe safe care of the cells. And I try to give the detainees such comforts as I can give them.

402 A detainee can address a request to me and Iwould arrange for him to see a doctor.

402 I would instruct the security police to takehim to the doctor or to bring a doctor to him.

403 I have given instructions to the securitypolice to get a doctor to a detainee.

403 I can't remember any specific complaints. Iknow of cases where they complained to the magistrate without telling me that there were complaints.

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403 It can be accepted that the fact that aperson does not complain to me does not mean that he does not have complaints against the security police.*

40 3 I knc / of one case where they complained totht J pector about food but did not complain to m e .

404 I received a call about the death of DrAggett. It could have been 00h30 or 23h30.I am in charge of the police station. I did not go because the person who telephoned me said that the commander of the security police was present. I saw no purpose in going.

404 The second floor cells fell under the commandof both of us.

405 They could not get in without my people andmy people could not get in without their people.

405 They cannot get visitors without the consentof the security police. Neither can a doctor.

405 I am in command of the cells but I will notallow anyone in without contacting the security police. I might allow a District Surgeon in if he tells me his purpose.

405 I cannot remember a District Surgeon goingthere without the knowledge of the security police.

If I see that a man has been hurt or if he complains to me, then the security police cannot prevent him seeing a doctor.

The rule is that the cells must be visited every hour. I had to talk to people about the fact that visits were not taking place. The cells \ lj . t being visited each hour. It happens when a lot of prisoners come in and there is a lot of work.

It is possible that on 25 January the cells were only visited three times. And it is possible that they were visited only twice on26 January. But on 30 January they were visited seven times.

There are written instructions that they must be visited each hour. I went so far as to tell my charge office sergeant that they must visit the cells twice per night to see that the other men do their job.

It often happens that men do not do the work as it is prescribed.* Steps are taken.People have been reprimanded and their commanders are reprimanded and told to exercise better supervision. And I told the charge office sergeant to go twice per night. It is difficult to ensure that orders are complied with.

It is not every complaint which is written up. The complaints receive attention and are dealt with.

We mostly get requests and requests are not regarded as complaints.

A statement that the food is bad is a request for better food, not a complaint.

The purpose of my visit was, in addition to the visits of the sergeant and the charge

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office warrant officer, to show the detainees that I take an interest and to make sure that there are no complaints which are not receiving attention. I took it that the prisoners knew this.

409 We had problems and • was particularlycareful to satisfy the detainees.

410 The security police would not be able toprevent a doctor getting to a prisoner.

410 The security police were very precise aboutmedical examinations. If I said that a man wished to see a doctor, then the following morning they would regularly say that the man had seen the doctor.

410 As regards assaults, the most important thingis to take his statement and to register a case. As soon as the case has been registered, there are officers who regularly inspect the dockets and it is seen to that the investigation is thorough and honest.

410 I know that detainees complained about beingwoken up every hour. They did not complain to me personally. I then said that those are the rules and regulations. Visits are to make sure there is nothing wrong. It was not irregular to wake them but it was unnecessary.

411 Apart from the cell sergeant, there is a manpermanently on every floor.

411 As a rule he moves regularly through thepassages but, if they call him or even shake the gate, they can easily attract his attention, particularly at night when all is quiet.

25 411 Each floor of the three floors of the cells

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can take at least 500 prisoners. If the cells become reasonably full, then it would be physically impossible to make a visit every hour and to visit every cell and talk to every prisoner.

412 Dr Aggett was a quiet man, respectable a.educated and he did not talk a lot.

412 If I had read the occurrences book, then Imade an entry and I then signed it. Then the next morning I would read from where I had last signed it. That was every day.

413 I must have seen the entry of 2 February 1982referring to Aggett as a Black man. I did not notice it.

413 It is probably right to understand that I didnot always supervise the entries so meticulously. My checking was simply to see whether there were things to which I should give attention. If a man is simply booked out or booked in, it is not important.

414 The reference to a Black man could refer tothe person who brought Dr Aggett back. It could also happen that Dr Aggett was booked in while he was not present and that the person who booked him in assumed from his name that he was a Black man.

415 Major D D Mahoney is called.

416 I was with the others when we found Dr Floydand Dr Aggett at 823 Crown Mines at 06hl5. I identified myself to Dr Floyd for whom I had a detention warrant and I told her that I also had a search warrant. Then we went to 420A Fox Street where the home was searched.

I attended to Dr Floyd and Captain Strauss attended to Dr Aggett.

We took a lot of books and documents.

At the house in Fox Street she pointed out her possessions. There was stuff on the floor and some on a bookshelf. She said "Some of my possessions may be there but there may also be things of Dr Aggett".

Two inventories were made, one of which was signed by Dr Aggett and one of which v/as signed by Dr Floyd. The Floyd inventory was Exhibit Y4.

It could be that things on Dr Floyd's inventory belonged to Dr Aggett.

The party consisted of Captain Strauss, W/O Visser, W/O Horak, Sergeant Joubert, woman Sergeant Meyer and woman Constable Knight. I was the senior officer.

We first searched the house thoroughly and then we went to Dr Aggett's office. We did not search Dr Floyd's office.

The list which we drew up was just at the house.

While I was busy with Dr Floyd's list, somebody else was busy with the list of Dr Aggett's books and documents. I think it was Sergeant Joubert.

I have both lists before me now.

I do not know the handwriting on the list of Dr Aggett.

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420 I can see that there are differences in thehandwriting on Dr Aggett's list. Joubert would have been one of those who made that list.

420 I can remember that Dr Floyd changed, underitem 8, the reference to "SACTU documents" to "trade union documents". There is a date alongside.

420 She was not satisfied to call them SACTUdocuments.

420 If a single book is found, it is endorsed bythe person who takes it but if there is a container, then the container is endorsed and not each book.

421 If a document is lying open and it is aforbidden document, I would certainly specify it separately, to establish that it was found in that place on that day by me or someone else.

421 This is important so that there is later nodoubt as to where the document was found and who found it.

421 That there is no signature or date in some ofthe books I can only explain that they were perhaps in a container and the container was endorsed with the description of the contents as books.

421 A cardboard box could be a container. In thecase where I wrote, there were covers containing documents. I did not look at each document specifically.

422 There were a lot of documents which we didnot hand in this morning.

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10 422 Mr Kuny states that he has the documentsbefore him which were in the suitcase and in the cardboard box.

20 422 If we find a number of forbidden documents incontainer, we still only endorse the

container and then sort the matter out in the office.

422 If a dispute arose in court, the person whochecked the container would then be able to testify that that document came out of that container.

2 423 We would only have his word.

18 423 I did not see the ANC documents numbered 1, 2and 3 on that day. I can give no explanation in connection with those documents.

423 As regards the number of books which have nosignature, I can only say that they must have been found in a cardboard box or a container.

3 424 If they had been apart, they would have beensigned and dated.

11 425 I know about the black bag which is on thetable. I saw it but I did not take it or search it.

22 431 Discussion about statements/affidavits. Thecourt states that it is not prepared to accept any statements on conditions. "I am prepared to accept all the information submitted to me and I will ask the investigating officer to go and get the statements sworn to, if necessary. Otherwise I must request you to submit those statements in affidavit form. I think it is in accordance with the law, in accordance with what is expected from me."

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43- Court demands statements be sworn, notwithstanding argument by Kuny.

432 "Nov/ I am informed that the people, they are prepared to make statements, and they are

• •:r_ . r -d to come to court, but they are not pic red to submit an affidavit, and I don't like that sort of thing. And I don't want anybody to attach anything to a statement to m e . "

434 Constable M P Sehloho is called.

434 He is a guard on the second floor. He comes on duty at 9.45 p.m. He gets the keys, opens the main door that gives access to the cells, goes in, locks the door and then he opens the door of each cell and he finds out whether the detainees have any complaints.

435 He keeps the keys with him until he goes off duty.

435 MacPherson is on duty from 07h30 or 08h00 until about 16h30.

435 After he has examined the cells, he goes and tells Agenbag that all is in order and then he comes back and sits in the waiting room.

435 Sometimes during the night he peeps through the hole in the door into the cells. He does not normally unlock the cells when he visits them alone.

436 On 4 February he reported on duty at 21h45.

At 10.30 he inspected the cells with Agenbag and Marais. No complaints.

Historical Papers, Wits University

http://www.historicalpapers.wits.ac.za/admin/cms_header.php?pid=98[2013/03/12 07:52:17 AM]

Collection Number: AK2216 AGGETT, Dr Neil, Inquest, 1982 PUBLISHER:Publisher:- Historical Papers Research ArchiveLocation:- Johannesburg©2013

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