•

Report for Sept-October 199.J

Magistrate W. Botha authorised a warr .. nt for their arrest and the trial was postponed.

Kali, Mokoena Makhuma, L. Kembo, N. Ngwenya and P. Mkhwanazi face charges of

abduction and assault with intent to commit grievous bodily harm.

The case was postponed . .. 11. REEF VIOLENCE

mt

The October nation-wide week-long .. mnesty for illegal arms announced by Safety and

Security Minister Sydney Mufamadi met with particular success in some East Rand

townships. Thokoza led the way and hnnded in 23 AK47s, 3 pump·guns, lF3, 2 Uzis, two

pistols and a handgrenade. Police said that more than 970 firearms and 8752 rounds of

ammunition of various calibre's were handed in countrywide. Of the 970 firearms handed

in - 42 were AK 47's.

The amnesty call was linked to a security boost, however in many areas additional

security forces did not materialise. Sdf-ddt::nce unit as well as Self-protection unit

members have been reluctant in some areas to hand in their weapons due to the lack of

security. In Thokoza for example five satellite police stations were promised and yet only

three have materialised. The Thokoza Police Station at anyone time has only fi ve working

vehicles despite the fact that they have 30 on their books most are at mechanical school

being repaired. Repairs can t .. ke anything from three to six months. Thokoza police

station has approximately 240 policemen and women of which 177 are former municipal

policemen who were integrated into the SAPS in February this year and have received no

formal training. It is alleged that many cannot read or write. Many of the recently trained

SDU and SPU reservists are performing the functions of fully fledged police personnel

and have complained about the low morale in the police station.

26

IBI Report for Sept-October '94

11.1 East Rand

Katiehong, Thokoza and Vosloorus, with their surrounding informal settlements, can

expect public expenditure to the tune of R3 billion over the next five years. Professor Ben

Turck, head of the PWV province's Reconstruction and Development Programme(RDP)

Commission said the figure was provisional but had been drawn from the draft business

plan for the Katorus Special Presidential Project.

He said the figure gave a sense of the scale of the planned operation to restore security,

rehabilitate the physical environment <lnd expand social services in the Katorus area,

south of Alberton.

MEC for HOllsing Dan Mofokeng said 1 023 houses d<lmaged in political violence had

been surveyed, the necessary repairs had been costed and building was starting. The total

cost of getting the houses fit for occupation would be R26 million,' which would be paid in

part from insurance cover.

11.1. 1 Karlehong

The brutal slaying of Thokoza SDU member Thabiso Duba by SDU members from Radebe

section Katlehong once again highlights the mistrust communities have of policing. Duba

•

was allegedly accused of killing a Katlehong SDU member and was killed in a retaliatory

attack. Duba was accused of stabbing to death a Radebe section SDU member in a shebeen f; and hence he was beheaded in revenge. Five SDU members from Radebe section were

arrested, three of whom were later released. However, residents of Radebe section

marched to the Katlehong Police station and demanded thei r releases as they said Duba

was a common criminal and the whole community assumed responsibility for the killing.

Revenge killings are still parI and parcel of every day life in the East Rand townships and

until such time as communities begin trust the police force to protect and serve their

interests they will continue. IBI believes recent moves to set up Community Police Forums

27

•

Reporllor Sept·October 199J

(CPF) in the area will bring about a better working relationship between the police and

the communities they serve.

ffil

However, the arrest in early October of three SDU members from Twala section,

Katlehong has threatened the fragile CPF set lip in Katlehong. Colleagues of the three

threatened to withdraw for th~forum should they not be released. PWV provincial

member of parliament Robert McBride said that the arrests should never have taken place

because there was a "gentleman's agreement" between Ministry of Safety and Security

officials and the SDU members that sllch arrests would be put on hold until a mechanism

for disarming SOUs was put in place.~cBride said it had been agreed that because SOU

members were involved in crime·fighting operations and no amnesty had yet been agreed

to, their weapons would not be taken and they would not be prosecuted.

Katlehong Station Commander Lt·Colonel George Nor~e denies ever receiving such an

order and insists that it remains his responsibility and that of his men to carry out the law.

But he does not rule out the existence of such a deal, pointing out that there is a desperate

lack of communication between him nnd the upper echelons of the force.

11.1 .1. (a) Michael Math.

All charges against Michael Mathe (17) were withdrawn in the Germiston Regional Court

on October 12. Mathe was arrested along with Happy Xaba on January 9, the day ANC

leaders Cyril Ramaphosa and Joe Siovo came under attack from the Mazibuko hostel

while touring the East Rand township of Katlehong. Freelance photographer Abdul

Shariff was shot and killed when residents of the Mazibuko hostel opened fire on the

touring party.

Mathe who was 16 at the time was arrested later that day with Happy Xaba. Xaba was

admitted to the Natalspruit hospital and Mathe was taken to the Internal Stability Unit

(ISU) base. At this base he was allegedly assaulted several times by various ISU members.

At one stage he was chained to the Nyala (armoured vehicle) and kicked and punched by

policemen passing by. Later that evening he was taken to his home at Ramakonopi West

28

fBI Report lor Sept*Or:tober ~9.J

and according to his mother Carina Mathe she could not recognise Mathe at first because

his face was swollen from the beatings.

Mathe was later taken to Nyoni Park the headquarters of the political and violent crime

unit. This "park" was in the news la.st year when an urgent interdict was granted

preventing further assault and torture of a 143 people held for 30 days under the unrest

regulations. At Nyoni, Mathe claims that a policeman sat on his back and then pulled a

rubber tube over his nose and mouth which prevented him from breathing. This was done

several times. A dog by the nnme of "Stoffel" was set on him and he was forced to sign

several statements. Mathe also alleges that at one s tage a long rope was wrapped around

his body and the he was picked up and thrown against the wall.

On January 12 he appeared in the Alberton Court and the magistrate made a note of his

injuries. Despite his age he was denied bail and transferred to B6ksburg Prison -however

at his next court appearance the magistrate realised that he was only 16 and he was

transferred to Alberton Police Cells.

Two formal bail applications were launched but bail was denied. Mathe remained

incarcerated for five months. His medical and mental condition deteriorated and on the

advice of a medical doctor, IBI called in a clinical psychologist. She reported that Mathe

was suffering from Post Traumatic Stress that he was suicidal. She wrote a letter to the

station commander recommending that Mathe be hospitalised. The station commander

said that it was up to the district surgeon to decide whether Mathe should be admitted to

hospital. Amnesty International began a campaign to highlight Mathe's plight and he was

visited at the Alberton Police Station by representatives of Amnesty International.

After considerable international pressure Mathe was finally transferred to Nataisprui t

Hospital on May 9 exactly five months after being arrested Mathe was granted bail of

R1OOO.

29

•

•

I

Report for Sept-October 199./ ml

Mathe still has nightmares from his ordeal. While he was incarcerated his elder brother

Morgan was shot in the face and as a resul t lost an eye. Several of his closest friends were

killed in a gruesome attack on youths from Ramakonopi West in Thokoza Unit Fan

Friday 13 (For more details on this incident see lSI May-August report).

11 .1.1. (bl Soow Metals Attack

Mthembiseni Mtshali was acquitted in the Rand Supreme Court on September 8 on 10

counts of murder and 13 counts of attempted murder relating to the Scaw Metals Hostel

massacre in Germiston last year.

Judge G Gordon, sitting with two assessors, found that the State had failed to prove

beyond a reasonable doubt that Mtshali was one of at least three gunmen who opened fire

on a crowd of funeral society members outside the hostel on August 22 last year.

Mtshali a member of the Jnkatha Freedom Party, pleaded not guilty to all charges against

him. He said he had been asleep in his room on the morning of the incident after

returning from night duty.

He was woken by gunfire. Concerned for his safety, he was making his way to the

security office at the hostel entrance when he was shot in the legs. After haVing his

wounds treated inside the hostel he was taken to hospital where, three days later, he was

arrested.

Three funeral society members present when the attack occurred testified that they knew

Mtshali and identified him as one of the attackers.

Al l testified in camera.

One of his roommates told the court that Mtshali had not gone to bed after coming off

nigh duty but had bathed, changed and left the room.

30

ml Report for Sept-October '94

Seven AK47s were later found by police in a hostel room close to where Mtshali had his

wounds attended to before he was taken to hospital.

Three of the weapons were proved to have been used in the attack.

The judge rejected Mtshali's evidence that he had been asleep. However, although three

witnesses were mature people whose evidence would, under normal circumstances, have

been accepted by the court, their testimony had to be examined in the light of the hostility

that prevailed between various groups induding the ANC and Inkatha.

Although none of the witnesses had given an explanation for the attack, police believed it

was a repri5<li for the shooting of several Zulus outside the hostel. The judge said the «> witnesses' evidence that they knew of no reason for the attack stretched credulity.

One witness said he had seen Mtshali fire at the crowd, while another said a balaclava­

clad man had fi red from the same spot. The judge said both could not be right.

The judge found it unlikely that Mtshali would have gone back into the hostel afterwards

to a room close to where the weapons were found.

11 .1.2 Voslooru.

Police arrested Ed mond "Djejeka" Khumalo after a high-speed chase in Hillbrow on

Monday October 10 (For details on "Djejeka" see 161 May-August report). •

According to the police Djejeka was wanted for the following crimes:

• The killing of a Vosloorus policeman;

• Escaping from jail a t least four times;

• Numerous rapes;

• megal possession of fi rearms;

31

Report for Sept-October J99.J ml

• Armed robberies;

• Attacks on the offices of the South African National Civic Organisation in Vosloorus;

• Hijacking cars; and

• Attacks on the homes of Vosloorus Self-defence unit members.

• Djejek<l is currently appearing in the Rand Supreme Court on a murder charge. He has

been denied bail.

11 .1 .31hokoza

Despite intervention by the regionnl South Africnn National Civic Organisation (SA CO)

in the dispute within the Thokoza SANCO branch tensions remain high. The executive

has been suspended and a commission of inquiry h<ls been set up to try and find a

solution to the ongoing tensions. (See May-August IBI report for de tails) . Much of the

dispute within the civic relates to the rep<l ir of houses in Phenduka (Tambo & Slovo)

section. These houses were dam<lged or des troyed during the violence last year. Some

sectionalleaclers complained at one stage that the houses were not being repaired now

that the houses are being repaired they are still not sa tisfied primarily because they have

lost thei r power base. They have in turn accused SOU members of signing contracts and

deals with the Thokoza Town Council. However, the Thokoza Town Counci l has made it

• clear, the houses are being repaired as part and parcel of an insurance claim that has been

paid out.

Thokoza received its first batch of trained SOU/SPU police reservists in late September.

On the whole the reservists have been accepted by the community and in many instances

have come to the fore in solving problems in the township . It has been s tressed by the

political leadership of Thokoza and the SDU and SPU that once their members become

Police Reservists they are no longer responsible to their structure but to the station

commander. Residents have stressed that it is important that the reservists be non-

32

lBl Report lor Sept-October ~9J

partisan . The firs t group of 20 completed a four week training course at Maleoskop,

C roblersdal in the Eastern TransvaaL The course included weapons training and studies

of the Criminal Procedures Act.

There have however, been a few teething problems with reservists complaining about the

low morale at the police sta tion and the lack of motivation on the part of the police to

attend to residents calls. Reservists have complained that very often they are forced to

enter the house of a suspect the police plan to arrest while the full-time p olicemen wait in

the vehicle. These issues are however, currently being addressed .

11 .1 .3 10) Thapelo Mofokeng

IBI's May-August monthly report raised concern about the safety of former pol iceman

Richard Thapelo Mofokeng who alleged that he had been tortured by members of the

Brixton Murder and Robbery Unit and that he feared for his life after his co~accused Mzoli

Mlama died in mysterious circumstances.

According to the police Mofokeng escaped from custody at the Germiston Court ~however

his family believe that the police are involved in his escape and fea r for his life .

11.1 3 1b) Abe Vilakazi

Abe Vilakazi the deputy chairperson of the Mandela section civic w as killed in Thokoza

on October 1 when residents from Mandela section and hostel d wellers dashed . Vilakazi

was shot dead after trying to resolve a d ispute. The d ispute arose after hostel residents

claimed that people of Mandela section had kidnapped two women from the hostel. It

later emerged that the two w omen had been drinking at a nearby house and had then left

by taxi . Vilakazi was shot while leaving the scene. It is not dear whether Vilakazi was

shot by hostel dwellers or the SANDF who arrived on the scene later claiming that hostel

dwellers had opened fire on them.

33

•

Report for Sept-October 199.1 lBl

11 .3.1 (el Phi lemon Sekanyanc

Five men were sentenced in the Rand Supreme Court on October 31994 for the ir part in

the shooting of Philemon Sekanyane of Phola Park. Sekanyane was shot on Saturday

January 231993 during the funeral of Sabeth Khumalo (for details on Khumalo's death

and the Khumalo gang see IB 5 December-january 1993 report).

One of IBI's fieldworkers who was monitoring the funeral along with Peace Action, the

United Nations, and the European Community took note of red Colt Gallant acting

suspiciously in the area. An occuPOUlt of this vehicle fired the fatal shot at Sekanyane. The

Board's fieldworker managed to give the registration number of the vehicle to the SADF

• and they radioed ahead and the vehicle was stopped and six occupants were arrested. The

car was searched and a number of firearms were found.

The accused all denied having been in the car at the time it was stopped. H owever, the

SADF produced a video which clenrly showed the accused being told to ge t out of the car

and lie face down on the ground.

It later emerged that one of the firearms in the car was licensed to one of the accused ,

Mbatha and it was this gun that fired the fatal shot. Mbatha was sentenced to 23 years

imprisonment his co-accused Bheki Xaba was sentenced to 7 years and the remaining

accused were given two years each for illegal possession of fi rearms.

~ 11.4 The Vaal

The investiga tion into allega tions of serious police misconduct in the Vaal Triangle by the

Complaints Investigation Unit (ClU) of the SAP, under the supervision of the Police

Reporting Officer (PRO) for the Witwatersrand is now into its fourth m onth and after

some serious "teething" problems is beginning at last to produce some results. IBI

continues to work closely with the team, but for fiscal reasons will be reducing its

participation to one individual from the beginning of December. By the beginning of

November only one completed case had been handed to the Attorney General's office,

34

lSI Report for Sepl-D.::tober i9J

although approximately a dozen other cases were close to completion. The investigation

team management has set deadlines for the completion of other dockets by the middle of

December. Realistica lly, it is unlikely that the investigation will be completed before the

beginning of 1995, as detectives find that there is still an enormous amount of work to be

done, and from mid December until the new year the investigation will be temporarily on

hold .

September and October have been contrasting months for the investigation. Bogged down

under the sheer number of dockets, inves tigating officers were struggling to make

progress on their cases during most of September. The negative results of this heavy

workload were compounded by the poor SAP m<ln<lgement, limited resources and back- •

up, obstructionism from Va<tl Tri<t ngle policemen <t nd a general lack of motivation from

investigating officers themselves.

The international policemen working alongside the te<tm argued strongly for the

prioritisation of dockets, thereby en<tbling the te<tm to concentrate on a handful of cases at

a time, completing them, handing them over to the Attorney General and subsequently

moving to the next batch of priority cases. This they argued was the only way to make

tangible progress. It was not until the middle of October that this approach was finally

adopted by the PRO and Ihe SAP management.

In the early hours of September ]6, Mzwakhe Msimanga (aka Don Molebatsi) was shot

dead in his bedroom in Sharpeville by a member of the Vanderbijlpark Murder &

Robbery (VMR) Unit. The significance of th is event should not be underestimated .

Msimanga had been one of the original complai nants w ho had made allegations of torture

to members of the Dutch Violence Observation Mission in April. Msimanga was also the

man who in early May 1994 handed Ihe PRO a list of fifty prisoners from the awaiting

trial section of Vereeniging Prison who also alleged that they had been physically abused

by the SAP. This group of men formed the basis of IBI's earlier enquiries and led

ultimately to the establishment of the investigation that is currently underway.

35

Report for Sept·October 1991 ml

The detective who shot Msimllnga was the So.'1me man nlleged to have tortured him and his

co·accused in December 1993. Msimanga was shot over half a dozen times in his bedroom

in Sharpeville. The detective is claiming he acted in self defence. The cru has investigated

the case and the docket is currently w ith the Attorney General's office awaiting their

decision. The killing of one at the complainants appeared to imbue the investigation team

and its management with a sense of urgency.

An interim report on the progress of the investigation and concer ns about the Msimanga

killing and the behaviour of certain senior police officers was compiled by the cru management team (which includes a representative from 1m) towards the end of

September. The report called for an inquiry in to the management of policing in the Vaal

Triangle and the removal of senior members of the present SAP management in the Vaal

and their replncement by more suitable officers. On the basis of accumulated allegations

under investigation by the cru, recomnlendations for the suspension of four officers from

the VMR Unit (including the man who shot Msimanga) and the transfer of seven others

from the same unit were given to the regional and national Ministries of Safety 'lOd

Security as well as the regional and national Commissioners of Police. The Commissioner, . General Van der Men,ve, responded to these serious allegations by transferring the four

recommended for suspension to John Vorster Square, despite support for their suspension

by Ms Jessie Duarte, the MEC for Sofety & Securi ty in the PWV.

The management team also pointed out that there were two prosecutions pending against

other members of VMR. These included charges of murder, attempted murder and

kidnapping. All of the policemen charged remain on duty and still carry thei r firearms.

The SAP have to date failed to give an official explanation, claiming it would be

"unreasonable" to give reasons for the decision to keep these men on duty. IBI find this

situation untenable and are extremely concerned about the message that this inaction is

sending to the communities of the Vaal Triangle.

The investigation team has a current workload of 121 cases, of which at least 64 are

against the VMR Unit. All but a hondful of these cases allege torture by electric shocks.

36

ml Report for Sepl-Dctober '9J

Despite continuing problems with the manner in which this investigation is being

conducted, and the apparent reticence of senior SAP commanders to acknowledge that the

bulk of complaints are substantially true, lSI believe the continuation and completion of

this investigation remains imperative. Although a fraction of the total number of

complaints, there should be some prosecutions emanating from the investigation, The

information collated during the investigation will also prepare the ground for the

envisaged Commission of Inquiry which will be able to examine the problem of policing

misconduct and the failure / unwillingness of local police management to address the

problem. It is important that individuals are brought to book for gross human rights

violations, but equally if not more important to address the system that has enable these

abuses to continue unchecked .

12. TAXI VIOlENCE

Violence in the taxi industry continues un<lbated and experts warn that confl ict could

worsen in spite of efforts to defuse tensions through, negot.iations. Nat Horwitz, an adviser

to the SA Long Distance Taxi Association (SALDTA), and Johannesburg's transportation

chai rperson Paul Asherson have both blamed the killings largely on intense competition

for a sl ice of the tough transport cake.

The recent announcement made by the Minister of Transport, Mac Maharaj and p rovincial

ministe rs that a working group to look into the taxi violence had been established was

welcomed by all interested taxi organisations and commuters who want violence

eradicated. The Minis ter made this announcement in Alexandra w hen launching a

pedestr ian and taxi project. He said corruption, which resulted in the "over suppiy" of

taxi permits, would also be examined . The safety project will cover townships in the PWV

before being implemented nationally.

Ten people were killed in a horror attack at K.hayelitsha Stadium, Cape Town in October .

.It is believed that the shooting was the result of rivalry between t\vo competing taxi

37

•

•

•

Report for Sept-October 199; IB I

associations. An investigation into the shooting is receiving priority, a number of people

had been questioned and several firearms seized for ballistics testing.

In the East Rand township of Katlehong, a peace agreement was signed by taxi

associations at the Germiston Civic Centre. It is believed that the agreement could end

years of taxi violence which has claimed dozens of lives since 1988. The ceremony was

attended by taxi operators, trnffic officers, policemen, and Germiston Mayor Sarel Naude.

The taxi operators agreed to share r<lnks in Germiston CBD and to allow any taxi operator

to take passengers at the main rank .

1 2. 1 Northern Transvaal

In its effort to stem taxi violence in the area, the Northern Transvaal provincial

government has ordered police in the area to conduct a "systema tic manhunt" to disarm

and apprehend all taxi drivers Olnd owners in possession of unlicensed firearms. The

government said it was disgusted at the grmving rate of tnxi related ki llings in the

province. The statement came in the "vake of the death of seven people, mown d own by

unknown gunmen. A special taxi violence unit in the provincial police service w as set up

a few months ago to investigate the taxi violence in the province is progressing well.

Regular roadblocks have been manned and several taxi d rivers have been apprehended

for using unauthorised routes, a practice which the government believes fuels violence .

12.2 Wes!onana attock

The "tragedy" of the murder of a taxi driver by nvo Westonaria men on election day

"was senseless and thoughtless", deed caused by various factors, the Rand Supreme

Court has found. Judge 5 J Mynhardt sentenced Cornelius Pyper, 26, and his friend James

Wheeler, 27, to an effective 15 years imprisonment each for the murder of Myevuyoni

Kenneth Papiyana and the attempted murder of his brother, Mr Godfrey Madoda

Papiyana.

38

mI Report for Sept-October 19/

Pyper and Wheeler, who pleaded guilty to the crimes and admitted that after drinking

heavily on Apri l 27, they had set Ollt to shoot blacks. They had driven on the R28 highway

to Randfontei n at about 8 p.m. and shot Papiyana through the head, who was driving a

minibus belonging to his father. Each were sentenced to 15 years for murder and a

further five yea rs for the attempted murder both sentences were to run concurrently. In

addition, Wheeler , who was charged with the illegal possession of a firearm and

ammunition, was given an additional one year sentence to run concurrently with the other

sentences.

13. CISKEI

A decision has still not been taken on whether or not to proceed with charges against the

69 soldiers allegedly responsible for killing 28 ANC supporters during the Bisho massacre

in September 1992. The Attorney·Cener<l1 of the former Ciskei, Willem Jurgens, confirmed

in Bisho that he had not made a decision on the mater. He said he was still waiting for the

Truth and Reconciliation Commission Ad to be published to see w hether or not the

matter fell under its jurisdiction. Shortly after the massacre, former Ciskei ruler Brigadier

Oupa Gxozo passed a decree indemnifying the soldiers from prosecution. However, the

ANC challenged the decree and the Bisho Supreme Court overruled it, opening the way

for the prosecution of the soldiers. The issue was brought to the fore again in late

September when a fanner top officer of the Ciskei Defence Force Colonel Hors t

Schubersberger, apologised for the m<lSS<lcre. Colonel Schubersberger told a radio talk

show host that the massacre wns <I "burden" that soldiers of the former homeland had to

carry.

14. CONCLUSION

The Independent Board of Inqui ry believes without a complete overhaul of the

management structure of the police, torture nnd assaults of detainees will continue. Senior

39

Report for Sept-October /99-1 lBl

officers in units have to be held account"ble for the actions of their juniors. It is not good

enough for senior officers to say they had no knowledge of the torture / assaults .

The Independent Complaints Mechanism envisaged under the Police Act may go some

way in alleviating the problem. At least then any reports of misconduct on the part of the

police will be investigated by a body which has some civilian control. For example there is

provision for a legally qualified civilian to take on the post of executive director.

. -

40

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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