I • I

~~JVtb ' ~ ~ ~ ~ '3 Inder~ ondent Board of Inquiry

. P.O.Box 32293 Braamfontein 2017 Johannesburg South Africa Phone (011) 403-3256/7 Fox (011) 403-1366

Report for . March 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

~

REPORT OF THE INDEPENDENT BOARD OF INQUIRY FOR THE MONTH ' OF

MARCH 1993

I. INTRODUCTION .... . ..................... .. ........... . .. : 1-3

II. STATE INSTITUTIONS

2.1 Civil Co-operation Bureau (CCB) . .. . . ............. . . ~ . . 3-4

2.2 The South African Defence Force (SADF) ... .. ......... ~ ... 4

2.3 The South African Police (SAP) ............... .. .... ... 4-6

2.3.1 Carletonville - Khutsong ... . ................. . ...... 6-7

The Nixon Phiri Inquest .................... . .... . ......... 8-9

2.3.2 Grave dug up at Messina ............................ 9-10

III. THE GOLDSTONE COMMISSION

3.1 Invest igation into attacks on policemen ............. 10-11

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3.2 Taxi Violence .••...... . •....••. , ............ '" ...... 12-13

3.3 Apia attacks .......... • ............................. 13-14

3.4 Natal • . •. ....•..•..... • ....•................. ...•. ....• 14

IV. ATTACKS ON INDIVIDUALS

4.1 Abdul Awetha ..................•..... . ..........•....... 15

4.2 Mbongeni Zulu •.....•.. ~ .•....•••••••.••.•....•••••..... 15

4.3 Mxibilo Maria Mnguni ..... ..... ....... . ................. 15

4.4 Alfred Miya ... ....... . ...... .... .... .... . .......... .... 16

4.5 James Mthombeni and Sizwe Mkhwanazi ..•.............. 16-17

V. RACIAL ATTACKS . .................................... . . 17-20

VI. NATAL ............................................... 20-23

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VII. REEF VIOLENCE • .. • •... • ..• ............•. • ...•. ••. ..•. ; ._~ .23

7.1 Train Violence . .....•... . .... . ..... . ...... . •.•... •• . 23-25

7 . 2 The Vaal •...•.•.. • .. . ...••.• •• •..•. . . • • ••• .•.. • .. • .. 2 6-27

7 . 3 The East Rand

7 . 3 . 1 Thokoza ... . .........•....... •. ............ . . . .. .. .. • . 29

Attack on Inkatha Freedom Party (IFP) members on

September 8 1991 . .• ....... •. .... . ••..•.. • • • .. ..•• . • ..• . 2 $ -31

'rhe Khumalo gang ..• . .............. ••. .... .. ...... . ... . .. 31-32

7.3.:;>, Katlehong . . .......... . . . ............. . . , .. • ... · . .. . 33·-35

VIII.EASTERN CAPE

8.1 Attack on Malcolm Hepburn .... . .... . ...•. . ..... .•. f • • 36-37

8 . 2 The Goniwe Inquest .. . . . . . ..... . ..... ... ... .. . . .. . . . . • 37~42

IX. CONCLUSION .. . .. . .. ... . ...... . ...... ... .. . .... . . . ......• 42

I. INTRODUCTION: ( ,

I

March has seeh a dramatic increase in the number of racial

attacks in the Pretoria-Witwatersrand-Vereeniging area (PWV).

The attack in Eikenhof - south of Johannesburg which left

three people dead has led to further racial incidents. The

Vaal, is currently in a state of turmoil and has been hardest

hit. The SAP have attributed attacks on whites in the area

to the Pan Africanist Congress's military wing Apla. However,

this has not been confirmed by the organisation and in some

incidences the organisation has condemned the killing of

civilians.

The Independent Board of Inquiry believes that many of these

attacks in the Vaal have taken on a racial hue because

historically the Vaal triangle has been area of repression.

There have been a number of incidences over the last two

months which have undermined the integrity of the security

forces . According to Peace Action a local monitoring

organisation, ~others and girlfriends appear to be particular

targets . In two incidences reported to Peace Action, elderly

women were allegedly taken from their homes during the early

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\-

hours of the morning and assaulted on the outskirts of the

township, then left to find their own way home. In a

particularly callous act a ten day old baby was allegedly -

taken from the mother by the police in order to force her

into revealing the whereabouts of her boyfriend. In an

incident this month, a 13 year old youth was detained because

members of the SAP could not find his elder brother. The"

parents finally found the youth at the Brixton Murder and

Robbery unit. He has subsequently been released.

Members of the SAP have also come under increasing attack :in

the area . At least seven policemen have been killed in the

first three months of this year.

The Vaal is sliding into anarchy and revenge attacks are the

order of the day. It is difficult to see an end to this '.

spiral of Violence particularly as many of the ' self-defence

units in the area are comprised of criminal elements who are

out of control.

The march in Johannesburg by various ~tudents organisations

ended in chaos when several members of the PAC's students

organisation Paso attacked pedestrians, smashed windows and

looted shops. ~awkers selling their wares on the sidewalks

were hardest hit by the unruly mob. Organisers of the march

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which was called to protest against the payment of

examination fees distanced themselves from the violence and

the racial overtones it took.

II. STATE INSTITUTIONS

2 . 1 civil Co-operation Bureau (CCB)

The Attorney - General of the Cape is ready to prosecute nine

former members of the CCB for sabotage and conspiracy to

murder But the process is being delayed by the Department of

Justice's Office for Indemnity which has not yet informed the

operatives whether or not they have been granted indemnity

for deeds of violence. In a letter dated February 11, a

member of the Attorney-General's staff, state advocate Jannie

van Vuuren, informed the Office for Indemnity in Pretoria

. that - he was ready to bring charges against the CCB men.

The nine men are: chairperson General Eddie Webb, managing

director Colonel Joe Verster, regional manager staal Burger,

operatives Ferdi Barrrard, Calla Botha, Slang van Zyl, Chappie

Maree, Wouter Brits and Isgak Hardien. The possible charges

-4-

date back to the Septe~ber 1989 bomb explosion at the Early

Learning Centre in Athlone Cape Town, and conspiracies to

murder ANC lawyer Dullah Omar and Johannesburg journalist

Gavin Evans. According to The star all operativ.es except:

Verster have applied for indemnity.

2.2 The South African Defence Force

In its December-January report the Board welcomed the purge

of the SADF's Military Intelligence (MI) wing and the sacking

of civilian operatives but said it could not but wonder

whether the various operatives would surface in another

guise. Newspaper reports in March, have alleged that members

of the now defunct 32 Battalion and former CCB agents have

signed up as mercenaries in the Angolan conflict. Some

recruits are allegedly fighting for Unita while others are

fighting for the MPLA. However, the recruits themselves say

they are acting as security guards at the various oil

installations in the country.

2.3 The South African Police (SAP)

A Business and Marketing Intelligence survey has found that

seven out of every 10 black men and six out of every ten

black women have a negative attitude towards the SAP. The

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survey says police are seen as perpetrators of the violence

and enemies of the people. It is clear from the above that

until the police are made accountable to the public as a

whole, negative perceptions of the SAP will persist.

Members of the public filed more than 6 800 complaints of

assault against the SAP last year resulting in 1 041

prosecutions and 306 convictions. The Minister of Law and

Order, Hernus Kriel, said more than 875 members of the SAP

were convicted of a variety of crimes in the course of duty

during the same period. This cost the taxpayer more than a RI

million.

Kriel said the SAP paid out more than Rl.l million in out of

court settlements involving 3 497 civil claims filed between

January 1 last year and February 28 this year.

Attacks on members of the SAP continue unabated. Forty

policemen have lost their lives thus far this year. The

government is set to reintroduce the death penalty following

the sharp rise in the number of policemen being murdered.

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The Board's February report contained a reference to the

inquest into the death of Bethuel Maphumulo. Police

Lieutenant Henry Beukes was found to have strangled Maphumu'lo

while he was in police custody. After an outcry by vario~s

Human Rights organisations following the initial failure ' of

the SAP to suspend Beukes, the SAP announced on March 1i,

that Beukes was suspended on March 9 pending the out'come ', of

the case .

2.3.1 Carletonville -Khutsong

Following an in-depth investigation by the SAP aided by the

Independent Board of Inquiry and the local ANC Branch in

July/August 1991 - thirteen policemen based at the

Welverdiend Unrest unit were suspended. All thirteen returned

to duty in August 1992 despite the fact that many of them

still faced serious charges. Over 100 charges were laid

against various policemen based in the area. On March 10 -

Constables Lebokeng, Matolo and Nkosi were found gu~lty of

assaulting polio victim white Mabitsa. Mabitsa was given

electric shocks and severely beaten by the accused in April ... , 1991. According to Mabitsa's statement he was assaulted

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because the policemen wanted to know the whereabouts of his

brother Johannes. Mabitsa in a statement made to the Board

and which was subsequently handed over to the SAP for

investigation said: "There were several policemen in my cell.

After a while Matolo was joined by Lebakeng and Nkosi all

three were beating me ... One of the policemen I did not see

placed something over my head. It felt like plastic and I

could not breathe through it. They then took both my arms and

handcuffed them behind my back. Another set of handcuffs were

placed on my feet. I then felt a shock on my left arm and

another under my right armpit and then I felt a shock in my

anus. All the time they asked me where the g~ns were and the

whereabouts of my younger brother Johannes Mabitsa".

All three were found guilty of assault GBH and are to be

sentenced on April 10.

The Board calls ' on the SA~ to dismiss the guilty policemen

from the force so as to give a clear signal to the community

that policemen who transgress the law are punished. This will

help to stem the break down of law and order in the area and

get the whole system of police accountability up and running

again.

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The Nixon Phiri Inquest

March also saw the long a~~i~ed re-opening of the Nixon Phiri

inquest. Phiri (16) a member of the Khutsong Youth co~gr~s~ .'

was held for questio~ing on J~nuary 16 1990. ~ccording to

independent pathologist, Dr Jona~~~n Gluckman, Phiri di~d of

a brain haemorrhage associated with external injuries.

Gluckman told the Oberholzer Magistrate's Court that Phiri

did not die of an epileptic attack as police had claimed.

Phiri died on Januaiy 16 i990 while he was being iri~errogat~d

by police at th~ Welverdiend police ~tation. Giuckman said

when he examined Phiri he found evidence of bleeding in the

inner brain. Five abrasions to Phiri's head could of caused

the bleeding he said. Phiri~ s body was also covered ,. in

multiple minor abrasions a nd his lungs had b~en congested

with blood which could have been caused by manual

strangulation Gluckman said.

He also found "a large amount of free blood" in Phiri's

stomach, but could not establish its cause.

The inquest was postponed to April 7 199 3 .

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In a : related matter a key witness to Phiri's death claims he

was threatened by several policemen outside the Oberholzer

Court before the inquest got underway. The Board believes

that the witness has every reason to take the threat

seriously as two other witnesses to Phiri's death were killed

in separate" unrest related incidents" in 1990.

2.3.2 Grave dug up at Messina

. Questions about the disappearance of Stanza Bopape have once

again surfaced. following the discovery of a skeleton at the·

Messina police station in the northern Transvaal.

The partly decomposed body was unearthed .by construction

workers who were digging trenches for sewerag€ pipes.

police spokesp~rson, Major Arno .Vogel said the case was being

faken "very seriously" in the light of recent allegations

.that police killed ·and buried detainees on police pr.emises in

the western Transvaal.

The exhumed corpse ha s been taken to Pretoria, Where the

Chief state Pathologist will conduct a post mortem in an

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" attempt to establish ~he identity and cause of death. I~itial

investigations have revealed that the body had been buried

for at least two years.

The discovery of the body comes two months after former ' ,

police constable John~y ~okaleng confessed he was a member of .,

a police squad which ~illed and buried detainees, including

Mamelodi civic Association general secretary, stanza Bopape.

II I. THE GOLDSTONE COMMISSION

3.1 Investigation into attacks, on p.olicemen

On the first day of the commission Azhar Cachalia - the ANC's

legal representative - voiced his opinion that the qommission

might be too broad in ambit and cover too many geographical

settings to accomplish much.

In the weeks which followed, this prediction has appeared

justified, with the commission heaiing evidence from ~AP

officials on the one hand, and counter-evidence from the ANC

on the other. On the whole, the SAP has relied on flimsy

hearsay evidence from informers and has not cross-checked

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the validity of even the most basic information such as

ANC-membership. committee chairperson, Gert Steyn, has

described the case as a "mess ", and has urged police lawyers

to look into the matter of l ack of verification of facts

(Business Day, 31/03/1993).

While it is undeniable that SAP members have been killed, it

is becoming apparent that to pin the blame on an ANC strategy

is going to be impossible .

At the basis of the problem is the fact that township

communities do distrust the SAP, and not without cause. A

genera l ethos exists that the SAP, if not actively involved

in violence against communities, contributes to the soaring

levels of conflict through their marked inaction.

As the commission unfolds it becomes increasingly clear that

the SAP i s regarded with animosity by large segments of the

popUlation and that rather than attempting to labe l the ANC

for specific crimes , the SAP should turn its attention to

examining why South Africans hold the SAP in such low regard .

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'c 3.2 Taxi Violenc~

On the eve of the release of the Goldstone Commission of

Inquiry's fourth interim report irito violence related to ~he

taxi and minibus industry, there seems to be no abating in

the bloodshed related to the so-called "taxi-wars".

This month ~t least five people were killed and five inju~ed

in clashes around the country associated with the taxi

industry.

The fourth interim report on violence in the industry - this

time focusing on Groblersdal - has once again taken a myopic

view of the violence and failed to locate it within

a) a transport sector plagued with corruption and mi~uses of

author ity; and

b) the broader context of economic decline and

socio-political instability in SA.

Instead, as with its other three reports, the Goldstone

Commission has attributed the cause of the conflict in

Groblersdal to "a high degree of intolerance, selfishness and

greed .. . ".

( -13-

While the emphasis of the Goldstone reports remain focused on

isolated cases, seeking regionalised answers divorced of the

greater socio-economic picture, it seems highly unlikely that

a comprehensive solution to the violence will be found.

3.3 ApIa attacks

This month the Goldstone Commission released its preliminary

report on its investigation into the activities of ApIa. The

report is only provisional as ApIa, the PAC and the Transkei

government refused to participate .

The report has castigated Bantu Holomisa for allowing ApIa to

use the Transkei as a launching pad to mount attacks on South

African citizens. Furthermore, the report has accused the

Transkeian government of storing ApIa armaments and even of

supplying ApIa with weapons.

According to the report, the Tanzanian governme nt should also

be approached vis its training of ApIa cadres at a formal

base.

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The Commission has expressed its hope that ApIa, the PA~ and

the Transkeian government would reconsider their stance of

non-participation.

If, however, "the commission receives no adequate r .espohse

from [the) parties by April 8, it will assume that none · of

the provisional findings of the committee are questioned by

them and that those findings can be re9arded as being

conclusive".

To date the Transkeian government has rejected the find(~gs

outright and the PAC has offered "bare denials". There has

been no response from ApIa.

3.4 Natal

This month the Goldstone announced its intention to launch

future investigations into the KwaZulu Police; Ways to ' curb

violence during Elections; the Education crisis; the Killings

this month in Natal; and the assassination of Natal ANC

activist Reggie Hadebe.

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IV. ATTACKS ON INDIVIDUALS

4.1 Abdul Awetha

The house of the deputy mayor of Imbali in Natal was raked

with gunfire in a pre-dawn attack. The attack was probably in

retaliation for the murder of ANC Midlands leader S'Khumbuzo

Ngwenya, despite the fact that two days previously Awethai

Imbali's mayor, Phikelela NdlovUi and a 16-year old youth

were acquitted for his murder.

4.2 Mbongeleni Zulu

Inkatha leader Mbolongeni zulu was killed this month and his

home in the Natal North Coast was torched.

4.3 Mxibilo Maria Mnguni

Alexandra Inkatha General Secretary, Peterson Phoswa's wife

was killed when gunmen burst into their home. Phoswa was

injured and his wife, Mxibilo, was killed in the attack. It

is rumoured that the shooting was a result of an internal

dispute within the IFP in the area.

, -16-

4.4 Alfred Miya

The chairperson of theIFP's Emashini section ,is in critical

condition after a handgrenade was toss,ed into his Estcourt

shop this month.

4.5 James Mthombeni and Sizwe Mkhwanazi

James Mthombeni (18) a trained member of the ANC's mil'itary

wing - Umkhonto we Sizwe and Sizwe Mkhwanazi (23) a

sub-branch chairperson of the Vaal civic Association were

shot dead by a contingent of SAP and Internal Stability · Unit

(ISU) members on Friday February 26. A third youth, Mkhulu ,

Tsabala was critically injured . According to the SAP two

policemen were also wounded in the incident. According to

Maria Mthombeni, James's mother her son never stood a chance .

She says her Sebokeng home was peppered with bullet holes.

Mthombeni lost her eldest son John in the attack on Sebokeng

night vigil in January 1991 and her husband was found face

down in the street with a bullet wound to the head in 1992.

Mthombe ni said when she arrived at her Sebokeng home on

February 26 the police stopped her entering her house.

"

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Mthombeni said she screamed at the police accusing them of

killing her husband and son. She claims she was then \9rasped

by the police and frog-marched to a Casspir while being

called "jou hoermeid" (you whore) by a white policeman who

slapped her face. She was allegedly taken to Houtkop police

station where she was ordered to identify "her dog". Later

she was taken to Flora 'Gardens where she was interrogated by

a black policemen known as "Shaka" who she recognised . ,

having seen him several times in other raids on her home.

Shaka allegedly slapped her and abused her and asked her

"What would the ANC do for her dog now?". She was finally

released and dropped off in Vanderbijlpark where she had to

find her own way home . Mrs Mthombeni has since laid a charge

at the Sebokeng Police sation.

V. RACIAL ATTACKS

Police have mounted a ma ss ive manhunt to find the killers of

four people who died in terror attacks at Eikenhof south of

Johanne sburg on Frida~ March 19 and at Fort Beaufort in the

Eastern Cape on Saturd~y night . In the first attack Sandra

Mitchley (35) and her son Sean Nel (14) were killed instantly

when their car was shot at by men carryingAK 47s.

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Claire Silberbauer was injured in the shooting and died in

hospital on Sunday March 21. In what police believe to be

~nother racially motivated incident an attempt was made to

burn a man in his vehicle o~ the Alberton-Meyerton road. He

escaped from the blazing vehicle and was . then shot at before

beirlCJ rescued. On the East Rand, Mzandile' !J1arajane (5) was

sho~ in the arm by a motorist while walking along the side of

the ' road with her father.

Further investigation into the Eikenhof shooting by the SAP

has led to the finding that a school bus carrying white

children was the intended target of the gunmen. In response

to this Law and Order Minister, Hernus Kriel, promis~d t6

increase security for school bus~s south df Johannesburg. The

Afrikaaner Weerstands Beweging (AWB) has pledged to take

matteis into their own hands if the SAP fail to protect

'~hites. One of the slogans used by the AWB in the area which

has fuelled tensions is " one settler one taxi"- a direct

ref.erence to the the PAC's slogan "one settler one bullet."

On March 24, ~ony Cancer (55) was fatally wounded when four

men opened flre with AK47 s near Boi~atong. Concer of

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Vanderbijlpark died on the way to hospital. These racially

m9tivated attacks seem to be on the increase and the~~ does

not seem to be an early end to the attacks in sight. As

mentioned in the February report, the Board believes that

this type of attack will increase the nearer the co~ntry

comes to free and fair elections.

The government has not taken the attacks lying down b~t there

actions have puzzled the majority of township residents -

particularly the actions of members of the Internal Stability

Unit who have been protecting the school buses . When black

school children were attacked in Natal ho such protection was

afforded to them . Similarly - attacks on shebeens, night

vigils, trains and taxis have been the order of the day in

black townships - they too are soft targets - and yet similar

measures have not been introduced . This in many instances has

increased bitterness and in particular has entrenched the

feeling that black life is cheap.

A spokesperson f or the PAC's intellige nce wing, Romero

Daniels, said [rom Tan zania on Wednesday, March 31 1993 that

ApIa was not resonsible for the recent spate of attacks on

white civilians. He said ApIa was concentrating their efforts

on members of the security forces.

I , • -20-

Despite this denial, the government has announced the arrest

of eighteen members of ApIa for alleged violent attacks

against whites , President FW de Klerk also announced a major

Defence Force , call up as part of a comprehensive action plan

for areas affected by terror attacks.

VI.N~TAL

The upsurge of violence in Natal that left 120 dead ' last

month has not abated. Rather conflict has escalated this

month, with three brutally executed, INTER-CONNECTED ambushes

shatte~ing communities and wrecking any chances of peace.

The first massacre was perpetrated on school pupils at Table

Mountain, outside Pietermaritzburg. The pupils where being

driven to school in the back of "a bakkie when between five

and seven gunmen opened fire from both sides of the road.

After mercilessly pumping bullets into the vehicle for ten

minutes, the gunmen fled the area . Twenty-four spent AK~47

cartridges and two live .303 rounds were found at the scene.

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six children were killed and the driver and six other pupils

were injured in the brutal attack. ';:

Amid speculations that the slaughter was a deliberate attempt

to derail multi-party talks, a top-priority investigation has

been launched into what the police regard as a ~well-planned

ambush~.

Three men (one is 6nly 17 years old) described as ANC

supporters have been arrested. Their cas'e has been postponed

until next month.

Possibly motivated by revenge, the second attack occurred

just days after the first attack, while communities were

still realing with shock. The attack occurred only ten

kilometre~ away - at Nkanyezini village - when a minibus was

ambushed by an unknown number of gunmen, who opened fire with

automatic weapons. ApparentlY the gunmen then approached the

minibus and fired with shotguns at point blank range, leaving

powder burns on the bodies. Four men and six women were

killed.

Three men have been arrested and will appear in court next

month.

• -22-

The ' third attack occurred when gunmen ambushed a bus outside

Wartburg. The bus was carrying ANC supporters to

Pietermaritzburg for the court hearing o£ three ANC members

accused ' of ~illing the six children in the first attack. The

gunm7n were sitting on an embankment on th~ side of the road

when "they opened fire and hit the bus several times. Three

men 'and one, woman were killed in the attack. A KwaZulu

Polic,eman ha~ been taken into custody for the attack.

Despite calls from both the ANC and IFP for communities to

remain calm and not to seek revenge along partisan lines,

Nelso~ Mandela and Mangosuthu Buthelezi did not attend the

same funeral services for victims of the massacres.

Later t~is month a fourth massa~re was narrowly averted when

a ,KwaZuluTransport bus was ambushed near Margate. Four

people were wounded in the hail of AK47 fire.

The three ambushes are to be the subject of a Goldstone

Commission of Inquiry.

In the wake of the three ma s sacres, isolated incidents of

violence have also been reported which have resulted in more

( -23-

deaths in the region. \-

VII. REEF VIOLENCE

Minister of Law and Order , Hernus Kriel, said in Parliament

earlier this month that one in a thousand South Africans is

murdered every year and one in 70 assaulted. Kriel said that

20 135 people were murdered in 1992, more than 55 a day and

about 2.3 every hour. Every two minutes someone was

assaulted, which meant 775 . 72 people were assaulted every day

and about 32.32 every hour. The Human Rights Commission (HRC)

said at least 3 499 people died in political violence in 1992

- an increase of 35% over the 1991 toll. The HRC said the

death toll amounted to an average of 9.6 deaths a day.

7.1 Train Violence

Following the murd8r conviction of Xolani Mnguni - for

stabbing and forcing William Alphane under the wheels of a

train - last month, more charges have been laid against

. perpetrators of train attacks this month.

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Most ~notably, IFP-~ember Albert Dlamini of the Katlehong

Hostel has been charged with the murder of . three people in a

train attack on 9 October 1991. Charges against Dlamini

inclu~~ ' three accounts of murder; nine of attempted murder

and one of illegal possession of firearms C}nd ammunition.

The ~tate alleges that Dlamini, and a group of men armed with

an assortment of weapons, attacked a train between Kwesine

and Germiston stations. Three people were killed in the

attack, after being thrown from the train.

In c6urt a witness stated that he and Dlamini were to be paid

by an unidentified group to carry out attacks on commuters.

Although three eyewitnesses identified Dlamini as having been

one of the attackers, in the final jUdgement Dlamini was

sentenced to ten years' imprisonment for the conviction on

one charge of attempted murder, and one of illegal possession

and use of a .38 revolver.

In handing down the sentence, Mr Justice Else commented that,

due to the fact that several groups were involved in the

attack, it could not be proved that Dlamini had pushed the

victims off the train.

(

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The third murder trial this year arising from tra~n attacks

involves the ·charging ·of learn Bongani Mazibuko and Michael

Mguni (both of Mapetla Hostel, Soweto) with murdet and

attempted mutder arising from an attack on commuters on

october 17 1991.

In this case too, the judge felt that the state had not

proved beyond reasonable doubt that the two men had taken

part in the attack. This was because although two witnesses

had identified Mazibuko as their assailant and a third had

identified Mguni, both men had produced alibis.

Despite the proclaimed intention by the authorities to ens~re

safety on trains, four more train attacks were perpetrated

this month, leaving four dead and two injured. Three of the

four attacks occurred on the Rand .

The persistence of attacks on train commuteis in the face of

so-called visible policing begs the question of the

authorities as to whether they are doing as muc~as possible

to prevent the attacks.

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7.2 ' The Vaal ,

Black policemen in the riot - torn killing fields of the Vaal

Triangl~ have demanded the removal of their white superiors

-alleging that while they use illegal firearms to kill

township residents, some black policemen do not have official

weap,ons to protect themselves and their' targeted families.

The allegations are detailed in a memorandum drawn up at a

recent meeting of 190 disaffected black officers. A

spokesperson for the SAP said that as far as he knew the

memorandum was "an internal matter". He said the complaints

had been dealt with at the highest level.

The most serious allegations in the memorandum concerns

firearms confiscated during raids. "We are aware that these

(white) members do not want to help us", the memorandum says.

"It is because they want to do their duties alone, because

during the tour of our duty they use unofficial and

unlicensed firearms seized from the public. When patrolling

black residential areas after sunset, they always say that

they are out for sport, then they start s hooting at random".

( -27-

The policemen also allege that there is a disregard for their . ~~'\

safety by their white colleagues. The memorandum accuses the

police force of not providing them with transport home from

danger zones - despite killing of black police officers,- they

are forced to walk through the townships. The policemen also

complain of not being issued with bullet-proof vests although

these vests are issued to certain municipal policemen.

The memorandum says there are still black policemen at

Sebokeng PoLice station, the Evaton Municipal Police station

and the mobil-e unit who are not armed despite the killing of

many black policemen in the area,

.The memorandum ends by recommending that Sebokeng be searched

thoroughly for firearms which should then be confiscated and

not be "kept by some members of the force for . private use".

It also says that wherever operations are carried out in

black residential areas, black members of the force should be

in charge, "white members do not know black residential

areas. We know our place better than whites". The memorandum

recommends that all white commanders in the black re"sidential

areas should be removed and be replaced by black commanders.

-28-

7.3 The East Rand

7 . 3.1 Thokoza

Two pol.iceme,ri from the Brackendowns police station, on the

East ~and, were suspended from their dutie~ on 'Tuesday March

,9 f61lowing the fatal shooting of a six-year-old boy in a

shack at a squatter camp about two weeks ago.

A police spokesperson said three firearms had been sent for

ballistic tests and a decision would be made whethe,r to

prosecute the ,policemen once the investigation has been

compley:ed.

The SAP said four policemen f rom the police station were on

duty in Alrode South industrial area about 50m from Thinthwa

V~llage, near Thokoza on February 26 1993. Two shots were

fir ed by two policemen, allegedly in to the ground. It is

beli e ved that one of these caused the death of Thabang

Johanhes Lebakeng, Lebakeng was s hot dead in a shack while he

sat waiting for his grandmother to dish up his food.

I}NNc2i'-web C'" ( -29-

Attack on Inkatha Freedom Party (IFP) members on September 8

Phola ,Park resident Michael Phama (45) . pleaded guilty to the

killing of 16 hostel dwellers in the Alberton Magistrate's

Court in March. IFP members were ambushed in Thokoza on

September 8 1991 on their way · to an IFP rally at the Thokoza

stadium.

Phama said that he was one of three people involved in' the

attack. During the Goldstone Commissioh of inquiry into the

incident it became clear during the course of

cross-examination by counsel for the police that a section

' leader in Phola Park, one Mncugi Ceba was a police informer

and a key instigator in the above attack. A warrant has since

been issued for his arrest. Phama has al~o implicated

Johnson Mbotani a former Phola Park resident in the attack.

A Board investigation has revealed that Mbotani was head of

the self-defence unit (SOU) in the area and that he was

responsible for the training of other SOU members, he

allegedly provided the weapons and was instrumental in the

planning of attacks. Phama claims that Mbotani was his

-30-

"chief~ ~nd th~t he ordeted him to attacik theIFP member~. He

also alleges that Mbotani said that if you bave a firearm in

your possession, "you must , not 'be arrested, you must fight".

Th,e BO,ard's investigation has also revealed tha't Mbotani is

now working as a police informer.

" Phama ~lso plehded guilty to 16 charges of attempted murder.

He also admitted that he was one of the attackers who in

February 1992 opened fire on the Old-Vereeniging road on a

mini-bus belonging to the Rand water Board. He denied that he

killed ' four people in the incident and injured others because

he claimed that he shot at the wheels of the vehicle. Phama

said they attacked the mini-bUS because the day bef~re the

attack oscupants of the mini-bUS attacked women in Phola Park

wh~ha~ gone to fetch water. ~hama a l so pleaded guilty to the

murder of a traffic offic~r Jacobus Lukas 'van der Merwe on

April 14 last year. H6wever, his plea was chang~d to not

guilty when he saici that it was his colleagues in the bakkie

that had opened fire on ,the traffic officer.

The case has been postponed for a Supreme Court date.

--31-

The Board is extremely concerned about the role of Ceba and "

Mbotani in the above attacks particularly in light of the _

information that they are police informers. The question

needs to be raised as to whether some members of the SAP were

a~are of the attack on the IFP before hand and did nothing to

prevent it.

The Khumalo gang

Members of the Khumalo gang who have been terrorsing Thokoza

residents for over a year were arrested for the fourth time

this month. For a detailed account on the activities of the

gang please see the Board's December-January and February

1993 reports.

In a startling confession to the city Press newspaper by

leader of the gang Archbishop Solomon Mbhekiseni Khumalo of

the Light of God Church in Zion said it was possible he might

have killed several of his alleged assaila nts when he

returned fire each time he was under attack. The ~8-year old

staunch Inkatha member appeared in the Alberton Court on

Friday March 19 on charges of arson, murder and attempted

murder. Khumalo told the court that he, his sons and brother

-32-

have ~~en invo~ved in several wild shoot-outs with comrades

and residents of Thokoza since June last year. Khumalo his

br'other Mphekeleli Alfred Khumalo and his sons Jabulane and

Mzwakhe ~ere arrested on Tuesday March 16 along with other "

members of the gang.

Khumalo told city Press that the police confiscated a number

of weapons including a licensed firearm. Khumalo was arrested

in January in connection with the illegal possession of

AK-47s - and was out on R2 000 bail.

Khumalo - and his family were refused bail and magistrate TJ

Green ordered that the Khumalo house in Mdakane street,

Thokoza should be placed under police guard while he remained

in custody .

Khumalo appeared in The Rand Supreme Court on murder charges

on March 31. The case is continuing .

He will also appear in the Alberton Magistrate's Court on

chirges of arson, murder, attempted murder and possession of

firearms on April 7 and 15.

( -33-

7.3.2 Katlehong

The Board is currently investigating two cases in Katlehong.

The first involves an incident on Wednesday March 17 when

standard 10 pupils at the Ekatsang Secondary School were

fired on by members of a security company while they were

playing football. Michael Liphoko was killed instantly and

two other youths - Morapedi Pharoe and George Mlaba were

injured. Charges have been laid and arrests have been made.

The security guards claim they were under attack by a group

of youths and opened fire in self-defence. The pupils playing

football say they did see about 20 to 30 people run across

the field during the match but the game continued. Mlaba said

he then heard a shot and saw a security guard in a white van

open fire with a shotgun. He started running and later

realised he had been shot in the leg.

The second case being investigated by the Board is a shooting

incident in Holomisa Park in early Mar~h which left at least

six people dead and several injured. A preliminary

investigation has revealed an organisation calling itself

Vukosa has taken over the distribution of Operation Hunger

food in the area and have been accused of only given food to

their members and selling the rest to the residents of

Holomisa Park. Houses of Vukosa residents were burnt and

sever~l' were killed. The Board has past on all information it

has gleaned about the conflict to Bell Dewar and Hall the

attorneys acting for the people of Holomisa Park.

7.3.3 Hunger sfrike at Modderbee Prison.

.J

On Monday March 29, two Board researchers visited prisoners

at Modderbee pr"ison in Benoni and were informed that at least

43 awaiting trial prisoners had been on hunger strike since

March 22. The prisoners all ANC members from the East Rand

suspended their strike on March 30 after the prison

authorities agreed to respond to their complaints.

The prison authorities have however, denied that a hunger

strike took place.

The awaiting trial prisoners complained a~out the food,

saying that it was below standard and that they were only

given two meals a day instead of three . The prisoners also

said that dogs were set on them in order to force them to

eat. " Other complaints included allegations that ANC members

from Phola Park were put into cells with IFP members and that

the latter

- 35-

were urged by warders to assault the former. Medical

treatment was criticised - prisoners said they received the

same treatment no matter what the ailment.

One prisoner, Michael Feni is reported to be coughing up

blood and has been transferred to the Modderbee Prison

Hospital others have been transferred to the Boksburg Benoni

Hospital.

ANC chairperson Smilo Ngwangwa of Phola Park was transferred

to Katlehong Police station on Sat~rday March 27 and was

supposed to be taken to hospital. The Board saw Ngwangwa at

the police station on Monday March 29 and he informed us that

prior to the hunger strike he weighed 75,8 kg. He now claims

that he weighs 63 kg. He complained of a sore hea d and neck.

The Board is particularly concerned about Ngwangwa as he is a

diabetic and as early as October last year a pri~on medical

doctor said that Ngwangwa should be sent to hospital however

the investigating offic er refused permission as he believed

Ngwangwa would escape .

The Board has s ince informed Amnesty International and the

International Red Cros s of the situat ion .

-36-

VIII. EASTERN CAPE

8.1 Attack on Malcolm Hepburn

Five right-wingers - four of them AWB members - were

convicted for the bombing of a farm store belonging to

Malcolm Hepbur.n (an ANC supporter) in Patensie in January.

~ .

Two top AWB regional figures, Barend Mostert and ·Petrus

Lombard, were each fined R1000 or six months. Andre Young,

who was describe~ as the "ringleader" was sentenced to seven

years' j ~ il .

AWE member, Frans van der Walt, who procured the explosives,

was sentenced to six years. The only non-AWB member, Andre

Vorster, was given seven years. I

In Fort Beaufort a racist attack was perpetrated against a

reunion "of five white school friends. Th e five were

-37-

sitting in a motel when three black men entered the motel and

began firing at them with automatic weapons. One of the young

men was killed. Residents suspect ApIa is responsible.

8.2 The Goniwe Inquest

"The Eastern Cape, transformed into a time-bomb because the

government had failed to meet demands by residents, - sending

shivers down the spines of the country's securocrats" (Brian

Sokutu, The star, 29/03/93).

Part of the explosion involved the rise of prominent members

of the community, such as Matthew Goniwe. The security

establishment recognised the danger inherent in the rise of

such community-based activists and was adamant to quash their

activities.

Of particular concern during 1985, were a group of activists

in Craddock, who, under a UDF umbrella, had mobilised the

community around political and economic issues. Singled out

~mong this group was the Craddock civic leader, Matthew

Goniwe.

-38-

Matthew~oniw~ was found murdered on June 27 1985, alongside

three f~llow UDF activists: Sicelo Mhlawuli, Sparrow Mkonto

and Fort Calata. The . bodies were found behind bushes on a

road near Bluewater Bay two days after they disappeared.

Almost eight years after the deaths of Goniwe,> Mhlawuli,

Mkonto and Calata, their murders have become the subject of

an offi~ial inquest.

The present inquest is the second inquest into their deaths

as the first inquest, held in 1989, failed to identify the

killers.

The inquest has been re-opened in part due to the surfacing

of new evidence which suggests that SADF Intel ligence Chief

of Staff, Major-General Joffel va~ der Westhuizen sent a

military signal to "permanently remove" Goniwe from society.

Van der Westhuizen was at that time a brigadier in Eastern

Province Command . Also suggested is the fact that Goniwe's

murder was perpetrated by ~ special SADF civilian unit called

"Hammer", which was established by van der Westhuizen in the

early 1980's.

' , 1"1

-39-

As the inquest unfolds evidence has been heard to the effect

that a military signal was in fact sent three weeks prior to

the murders, on June 7, 1985. The signal was a written record

of a telephone conversation between Van de"r westhuizen and

General Johannes van Rensburg, and it called specifically for

the "permanent removal from society" of Matthew Goniwe.

An affidavit from Colonel Lourens du Plessis of the Eastern

Province Command said that he had drafted and signed such a

signal. A signalman at Eastern Province Command at the time,

Ii J Pretorius said he was responsible for sending the signal

and that it had been signed by du Plessis. According to

Pretorius, such a signal would" be kept for three months and

then destroyed. In addition Louis Philipus coetsee of the

SADF has concluded that the signal did exist.

In his affidavit, van der Westhuizen said that he did not

remember such a signal being sent and that if indeed the

signal was sent to Gen Van Rensburg by the Eastern Province

Joint Management Committee (EPJMC) the words "Permanently

remove from society" ... could have meant that persons should

be removed from society "through the medium of long term

detention". Van der Ivesthuizen failed to explain why, if this

-40-

was the case, wa~ the command phrased in such an ambiguous

manner.

Van Rensbutg (t~~n head of strategies in the secretariat of

the Stat~ Security Council) admitted to having , received the

signal but denied that it was an order to kill Goniwe and his

fellow activis~s, and claimed that he, too had understood the

"permanent remov'al" to refer to detention rather than death.

Mr George Bizos, sc (appearing for the Goniwe family) put it

to Van Rensburg t ,hat this could not be the case as neither

section 2? nor 29 of the Internal security Act made provision

for the "permanent" detention of people.

On cross-examination Van Rensburg became more hesitant and

admit;ted that the wording of the signal had "troubled" him,

as it could have been interpreted as a death warrantl

Later on Van Rensburg contradicted his own former evidence

that he had destroyed the signal, by stating that he had

probably given the signal to "Mr Stemmet", who worked under

him at the state Security council.

-41-

In a further development, Colonel Lourens db Plessil

testified to the effect that the signal used terminology

which was commonly employed in the military to refer to an

order of assassination, and that this was indeed the desired

meaning of the communique - "if there had been any other

meaning other than that Mr Matthew Goniwe, Mbolelo Goniwe and

Fort Calata should be killed , I would d e finitely not have

used the words 'permanently remove from society ' '' .

An interesting turn was takeh when Bantu Holomisa caused a

stir by releasing a copy of a comprehensive plan by South

African Military Intelligence to "destabilise the Eastern

Cape ".

The plan, which was codenamed "operation Katzen" , called for

the Eastern Cape to be "turned into an independent power

- block against the ANC and UDF by Decembe r 19 8 7".

Holom i sa claimed tha t the plan was drawn up on instructions

from a full state Security C6uncil me e ting held in Port

Elizabeth just weeks before the signal message was sent.

-42-

state President F W de Klerk has denied any knowledge of an

order to assassinate Matthew Goniwe and others.

As the hearing continues the words of New Nation (05/03/1993)

seem of particular relevance:

"~t there ~is anything characteristically unique about some of

the eviderice, it must be the great lapses of mem~ry on the

part of key military officials named in documents relating to

the assassinated activists" (New Nation (05/03/1993)

IX. CONCLUSION

The Board once again wishes to express its concern over the

increase in the number of racially motivated attacks in the

country. The- polarisation between black and white in some

areas is of particular concern .

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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