Report for May-August ~9-J lSI

ANC had refused the police access to the building when witnesses reported that shots had

been fired at them from the roof of the building.

Safety and Security Minister Sydney Mufamadi denied that police had not been granted

access and said that the polke had asked for the ANC's co-operation in order to facilitate

the investigation. To this end several firearms were handed over the police by the ANC

for ballistic tests. MuIamadi said the police had sought the co-operation of the ANC in

order to prevent any further incidents, rather than taking the risk of a "forced entry and

search" .

In a related incident East Rand hostel leader Masoga Masuku (39) was convicted on

August 9 of taking an illegal AKM submachine gun and 34 rounds of ammunition to the

Zulu march to Shell House earlier this year.

Masuku was sentenced to five years imprisonment. His four co-accused all members of

the IFP were given substantial fines and suspended sentences. Timothy Dlamini (38),

Obed Mlambo (2S) and his brother Wislon Mlambo (JS) were each fined R3000 or 12

months' imprisonment and sentenced to an additional two years' imprisonment

suspended for four years for the illegal possession of a .38 Special revolver, a Tokarev

pistol, eight rounds of ammunition and CZ pistol. An unnamed 16-year-old boy was

sentenced to a fine of RIOOO or four months' imprisonment and a further 18 months in jail

suspended for four years for possessing an unlicensed 9mm Walther Parabellum and six

rounds of ammunition.

Magistrate L van der Schyff said that although the sentences seemed lenient in view of the

53 deaths that occurred on the day of the march, the court had to take into account that

the accused had not brandished their weapons in the streets of central Johannesburg.

The Magistrate accepted that the accused had only carried the firearms with them in a taxi

for self-defence after it was rumoured that mini-buses en route to the march would be

attacked, but said that they would have been jailed for lengthy periods had they carried

the weapons during the march.

24

ml Report for "lny-A ugust '9-/

8.2 ANC I'WV lance! House ' Prison'

Five witnesses who were due to appear and testify in connection with their abduction and

imprisonment in the ANe PWV head quarters earlier this year failed to appear in court.

The five were allegedly kidnapped by ANC security guard Mxolisi Kali (23) Petrus

Mkhwanazi (27) Maphewo Makhunya (24) all of Katlehong, David Makoela (26)

Lawrence Mofokeng (26) of Sebok~"'g and Ntokozonkle Ngwenya (28) of Berea: The six

men face charges of kidnapping and assault. The State alleges that the six men posed as

policemen in Hillbrow on Apri116 and kidnapped the victims and accused them of being

thieves and members of the IFP. The victims were kept in a goods lift in the basement of

Lancet House for two days. (For details on-the actual incident see the Boards April 1994

• election special report).

The case was postponed to September]2 in order for the police to find the missing

witnesses.

8. 3 Torture at Johannesburg Police SJahons

8.3.1 Nowland.

On Sunday July 5, 1994 IBI were contacted by the Riverlea branch of the ANC. (Riverlea

is a small coloured location in south west Johannesburg) They requested someone to come

urgently to see a man who had come to them who alleging that he had been tortured at

• the nearby Newlands police station.

IBI immediately contacted the Police Reporting Officer (PRO), Advocate Munnik and a

statement was taken from the alleged victim . The man claimed that he and another man

had been severely assaul ted by both SAP members and other Riverlea residents in the

Newlands police s tation, and that rubber tubing had been put over their noses and

mouths in the "choking" method of torture (described in the Vaal section). This was done

in an attempt to extract a confession that they had stolen a firearm and other goods from

25

Report for MarAugust J9J IBI

another house in Riverlea . The wi tness alleged tha t both civilians and SAP members were

heavily intoxicated at the time, with alcohol provided by the civilians implicated.

The PRO arranged for a team of Complaints Investiga tion Unit (cru) detectives to raid the

Newlands police station that evening. The detectives discovered bits of rubber inner tube

in a room that fitted the description given by the witness. To date there has been little

progress in the investigation, despite pressure to do so from both IBf and the witness's

attorney.

B.3.2 Brixton

Long regarded as one of the most notorious police units in the country, the Brixton

Murder & Robbery (BMR) Unit once again found itself in the media spotlight at Ihe

beginning of September 1994.

Following a bank robbery in Braamiontein, Johannesburg on August 29, three security

guards at the bank were taken into custody. They were released the following day .

Working with an attorney from the Witwatersrand Campus Law Clinic, fBf made contact

with two of the security guards, five days after they were released. Both alleged that they

had been subjected to electric shock torture and assaults at the hands of BMR detectives.

Both men had visible markings on their bodies which appeared to be consistent with the

burn marks left by electrodes put on human flesh. Neither men had been charged with

any offence, but BMR detectives were apparently adamant that they knew more than they

were prepared to divulge. Both were released after a terrifying ordeal, that when read

was consistent with similar to other allegations made about the BMR.

These allegations prompted the cru to raid the Brixton police station some seven days

after the alleged incident. Not surprisingly nothing was found, although policemen at the

station were given half an hour to dispose of incriminating evidence as the crn team

waited in the charge office to begin their search. The crn team did however fmd another

complainant in the Brixton police cells, who also claimed that he had been subjected to

electric shocks. All three complainants have been taken for medical (blood and biopsy)

26

ml Report lor MarA ugusl '9.}

tests, the results of which are pending. Another recent complaint against BMR has also

emerged from a w oman employee at another bank that was robbed towards the end of

August. She has alleged that BMR detectives used the "choke" method of torture in an

attempt to extract information about the robbery.

The morning after the raid the SAPS charged that a successful unit such as BMR did not

deserve to be denigrated in this w~. (GtiZeII 7/ 9 / 94) There is no denying that BMR is a . particularly successful unit. What needs to be thoroughly examined are the methods

employed to ensure such successes. The day before IBI spoke to the two security guards,

Colonel Blackie Swart, the commanding officer of BMR, warned in an interview with a

local newspaper, about the dangers of giving the accused or their legal representatives

• access to the police docket including names of state witnesses. Colonel Swart argued that

such access was provided for in the "freedom to information" clause in the new

constitution and that consequently witnesses to particular crimes were reluctant to assist

the police with their investigations. If the accused had "access" to the state wi tnesses, the

latter could be easily intimidated . Colonel Swart used the example of recent bank

robberies (including the one in Braamfontein) where witnesses had refused to co-operate .

In the light of the allega tions that were brought to lBI's attention the following day, one

must remain suspicious of the motives behind such arguments designed to prevent access

to dockets . While witness intimidation is an issue tha t must be taken seriously,

particularly in a country such as South Africa, the necessity for access to information

• obtained during the investigation is paramount, and especially in the light of continued

allegations of SAP misconduct.

9. REEF VIOLENCE

Levels of violence on Reef have declined considerably since the election . However, in

areas like the East Rand tensions stiH exist.

Report for MnrAulJUst '9.} lSI

9.1 East Rand

While relative calm has returned to the East Rand townships of KaUehong, Thokoza and

Vosloorus there is still concern over the continued existence of no-go areas, alternative

taxi routes and the plight of the thousands of families displaced by the violence that has

plagued the area since 1990.

The Board welcomes the current peace initiatives and in particular the efforts made by the

political parties to solve differences through dialogue. The meetings behveen township

based self-defence units(SDUs) and hostel based self-protection units (SPUs) has eased

tensions. Communication between both sides has been improved with the introduction of

walkie talkies.

Efforts to set up Community Police Forwns (CPFs) in the Kathorus area are encouraging.

However, the continued actions of specialised police units in these areas has the potential

to scupper these initiatives.

9.1.1 lhokoza

The potential for violence around forthcoming local elections is very real. Recent problems

within the Thokoza South African National Civic Organisation (SANCO) branch has

highlighted this possibility. Leaders in this organisation who have spoken out against

corruption, false promises and lack of mandates have received death threats. A

commission of inquiry was set up to investigate problems within the branch, however this

commission lacked a mandate and unilaterally suspended the entire civic leadership. This

decision has since been rescinded .

Subsequent to that a group of leaders within the SANCO Thokoza branch held the Chief

Executive officer of the Thokoza Council, Mr M Cornbrink, hostage. This action was taken

without any consultation with the leadership of the branch . The leaders concerned

involved cleaners from the Econo Foundation that is currently sponsoring a clean-up

campaign in the Kathorus area to the tune of one million Rand . Following on fr'om this the

28

181 Report for AIay-August ~9J

PWV regional office of SANCO suspended the entire SANCO Thokoza branch and

appointed an interim committee of 12 people whose mandate is to ensure that new

elections are held on Saturday October 81994 .

The collection of money for funeral expenses, firearms and ammunition in Thokoza is an

area of concern. There seems to be no accountability for money collected . In June and

July, for example, seven self-defen~ unit members were murdered in two separate

incidents. Money was collected by certain people for the funeral expenses. The money

allegedly amounted to several thousand and yet only RIOOO of this money was paid over

to the undertaker. The undertaker responded by not issuing death certifica tes to the

families . It is this type of incident which-can act as a catalyst to further violence in the

• area . Already there are rumours in the township that people are deliberately killed so

that certain individuals can collect money for their own benefit.

Certain " leadership" figures within the now suspended SANCO Thokoza branch have

also been collecting resident's Unemployment Insurance Fund (UlF) cards, also known as

Blue Cards, claiming that they can ensure that the holders get back all money they may

have paid into the fund. Complaints of this abuse are SO common in Thokoza and Phola

Park that it is possible that more than 10 000 cards have been collected. Each person

whose card was collected was asked to pay Rl towards transport cost. This money has not

been accounted for. One of the people involved said that no record was kept of the money

collected, amounting to at least RlO 000 and that they were told that they could use

• whatever they needed for lunch and personal needs. Since the collection of the cards very

few holders have been paid out. For most people who have handed their cards, the issue

is no longer the money due to them but the whereabouts of their cards.

An investigation has revealed that it is not legally possible to get all the money you paid

into the UIF fund back. Normal procedure is that once you have lost your job you take

your Blue Card to the Department of Manpower who will issue a white card. This card

then has to be signed four times (once a fortnight -eight weeks) this "proving"

unemployed status. Following this you are then entitled to 45% of your salary for six

months. Once you have been paid for six months you are entitled to no more money

29

Report for May -A ulJUst ~9-J IB I

(although you can in certain circumstances apply for a one month extention) even if you

have contributed to the fund for 15 or 20 years, unless you gain employment for a further

three months then you can get 45% of your salary for a further six months. You are only

enti tled to the payment of benefi ts after contributing to the Fund through compulsory

deductions from your pay packet for a total period of three years.

Labour lawyers have been approached to see whether there is any possibili ty of the

people getting their -IDooey back. They have informed us tha t is not possible and that the

whole scheme is fraudulent.

The issue highlights two problems. Firstly, one of extortion in regard to the R1s that were

collected and secondly, fraud. The only way according to lawyers tha t the money can be

accessed is through gaining employment for another three months and the possibili ty

exists that cards were signed giving the impression that people worked for a further three

months. This again would be fraud. A further point is that Blue Card holders would need

to go to the Department of Labour personally so the collection of cards makes no sense.

A further issue causing tension is the houses damaged during political violence last year.

It is crucial tha t these houses be repaired as soon as possible. It is clear that there are

certain elements within the suspended Thokoza SANCO branch that have benefited from

the ongoing si tuation and have used the issue of the displacees to gain political credibi lity.

There have been a number of cases where old people who have lost their homes have

been manipulated into demonstrating against the elected leadership and the Premier with

promises of picnics and payments.

Tension is also rising in Thokoza around the "Kathorus clean-up campaign". This p roject

has been sponsored to the tune of R1 mi ll ion by the Econo Foundation . The idea is to

engage the youth in cleaning up the township. The project pays the cleaners Rl l a day.

Unfortunately some unscrupulous ind ividuals have falsified the number of people

working and have kept the extra money for themselves.

30

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ml Report lor Mnr Augus / J94

9.1.1.0 Self. Defence Uni!> ISOU.,

Over the last three to four months there have been a number of reports in the media that

the Premier of the PWV, Tokyo Sexwale is not welcome in Thokoza and that SDUs in the

area are out of control. This allegation has been flatly denied by the SDUs in the area.

SOUs in Thokoza fall under a s~cture called the central command and it is here where

commanders from all 14 sections meet once a week to discuss any problems. The central

command has condemned these reports as inaccurate.

9.1.I.b Tho oltock of Friday June 24: --Four teenagers were gunned down while watching television in a house in Phenduka

(Tambo section) in late June. A survivor of the attack, 13 year old Lucky Mthimkhulu said

he and some friends were watching television when the attackers opened fire through a

window. The attack was launched only hours before a scheduled peace meeting between

SDUs and SPUs was due to take place. Those killed were: Vusi Sibeko, Bafana Ceviru,

Themba Mthabela and Nico Kubheka

All five youths sustained head injuries. According to witnesses there were three attackers

who retreated towards the hostel following the attack. The SANDF were on the scene

within minutes and rendered medical assistance to the injured . However, many of the

youths in the area felt that the SANDF should have given chase to the attackers. This has

led to a strained relationship between the SANDF in the area and the youth of Tambo

section. Youths have also claimed that SANDF members have developed an attitude

towards them since the attack and some members of the SANDF allegedly said they were

pleased that the youths were attacked and killed.

The incident happened at 22h10 on Friday but members of SAPS only arrived on the scene

at 16h30 the following afternoon. By this time several people had traipsed over the crime

scene and it is possible that valuable evidence was lost.

31

Report lor MarAuKUst '9-1 IBI

9.1.I .c The onack of Saturday July 2 1994:

A second attack a week later in Tambo section, occurred on the eve of the funeral for the

above four. The attack took place in the early hours of the morning. Three people were

killed and two were injured . The dead were all members of the SOU in the area. Those

killed were 20 year-old Edward Shekoah, Sibusiso Sithole (18) and Manqoba

Mthabela .(Mthabela was the brother of Themba Mthabela who was killed in the June 24

incident.) .

The three were killed when unknown gunmen opened fire on the house they were staying

In.

To date the police have made no arrests.

9.1. I.d Assoult by members of the SANDF

On Friday July 22, 1994 at least 18 people were ga thered at a shack at 1556 N kaki Stree t,

Thokoza. The men were drinking and playing cards when members of the SANDF

arrived at the house. The SANDF were on foot patrol in the area. All members of the foot

patrol were black and the person who seemed to be in charge spoke Zulu w hile the others

spoke Sotho.

They burst into the shack where the 18 were and pointed their guns at them and

demanded to know w hat they were doing as it was late. (The shack operates as a

shebeen).

The SANDF asked the occupants of the shack whether they were born locally or whether

they were from outside? The people in the shack were told to si t down and to come out of

the shack one by one as the soldiers wished to search them. They were also told to take

everything out of the shack and that included a table, chairs and carpe t.

32

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ml Report for May-August '9-/

Once outside the group w ere searched and made to lie down on their stomachs . They

were told to do sit-ups. Failure to perform resulted in kicks and curses. The main

instigator of the forced sit-ups was the Zulu speaking soldier mentioned above.

The g roup was then divided into two -those who were "old" and the younger ones.

Vusi Khumalo of 1938 Khumalo Street, Thokoza said that he was inside the shack when

the soldiers came and took everything out including the carpet. Khumalo and others were

told to lie down on their stomachs. Each of them was then hit on the back of the head with

a empty beer bottle and a brick. . Khumalo sa id : "We were then told to count ourselves ­

we were l B. We were then told to count to three and get under the carpet which was dirty

and full of dust.

"If we sneezed or coughed we were hit on our heads with a bottle. The blows were harder

as we were now under the carpet.

"We were then told to get up and hold the carpet - this was done several times ."

Zacharia Quotwenna of 1558 Nkaki Street, Thokoza claims that he was inside the shack

playing cards . "The soldiers entered and searched me and then le ft me alone. The old

people were put on one side and the young ones were taken outside to do push-ups. Later

I was I.ken outside .nd forced 10 do push -ups. If you failed, the soldiers kicked us. I did

some push-ups but my arms were hurting and J stopped . J was then kicked."

(His upper arms are still swollen and stiff from the push-ups).

Goodman Mthembu of 1538 kaki Street, Thokoza claims that he was told 10 lie down by

the soldier who spoke Zulu and who seemed to be in charge (they had no name tags or

rank ) and then hit on the back of his head wilh a b rick and a bottle . "They hit me so much

that J begged them to rather arrest me. I am still under a doctor's care ."

On Saturday Augusl 61994 - an identity parade was held at the SANDF base Sleenpunt,

Thokoza to try and identify the perpetrators of the above incidents. The Board is

currently awaiting the outcome of the identification parade.

33

Report for M~A ugust '9.} ml

9.1. 2 Kallehong

Three days after President Nelson Mandela was inaugurated at the first democratically

elected president of South Africa twelve youths were massacred in Thokoza. The twelve,

all residents of Ramakonopi West in Katlehong, had sought refuge in Thokoza after being

disarmed and threatened by an alleged block leader in the area.

The Board has established that on May 2, eleven days before the brutal murder of the 12-

a certain Nxumalo (a block leader in the area) imposed a curfew saying that people

should be in their homes by a certain time. As May 2, was the day President Mandela

gave his victory speech people were reluctant to abide with the curfew. According to

sources in the area xumalo allegedly ordered some "comrades" to shoot those people

who were out on the streets celebrating. One of the victims of this shooting was Morgan

Mathe a peace monitor for the Wits-Vaal Peace Secretariat. He was shot in the face and as

a result has lost an eye.

Following this shooting incident, a number of youths decided to leave the area for fear of

possible attack. The youths, all allegedly members of the SOU in Ramakonopi West,

reported to a SOU commander in Unit F, Thokoza and alleged that they had been chased

out of KatJehong by criminal elements. They claimed that these criminal elements had

gained the upper hand in the area and that the residents of Ramakonopi West were to

afraid to challenge them.

The youths alleged that they had been disarmed by Nxumalo in March this year.( It is

believed that these guns were used to kill them in Unit F).

The youths were offered a house to stay in at Unit F, Thokoza . At this stage the group

numbered seven. Over the next few days more arrived from Ramakonopi West until they

numbered approximately twenty-five.

On Saturday Mal' 7, 1994 commanders from Zone 1, Zone 4 and Zone 5, Katlehong

arrived in Thokoza. One of the commanders, " Manyala" was accompanied by ·Nxumalo

34

181 Report lor May-August '9./

and Ngobo. Manyala's name was raised in connection with the massacre of several

ANCYL members in KatJehong's Mololelci Ext 2 -last year. (see IBI December/ January

report). He apparently rules his area with an iron fist.

The Katlehong commanders accused Ext 2 Thokoza "comrades" of harbouring criminals

and said that should they continue to do so, they would be attacked. These commanders ." said the people of Katlehong were gathering to attack Unit F, Ext 2 over the issue.

On Sunday May 8, Helper Ngobese, an ANC member in Ramakonopi West was allegedly

forced out of his home at gun point to attend a meeting. People attending this meeting

included Nxumalo. The meeting was called by a steering committee of an area in

• Ramakonopi West called block "Cu . At this meeting Ngobese was allegedly sentenced to

death and subsequently executed . His body was found with bullet wounds.

•

On Friday 13, 1994 "comrades" from Ext 2 arranged to go to Ramakonopi West to discuss

the return of the youths who had fled to Thokoza . The commander of Ext 2 took four of

the Ramakonopi West with him. He was accompanied by several other SOU members

from Ext 2. They left Thokoza at about 18h30 and allegedly arrived in Ramakonopi West

at about 19h30. When they arrived at Ramakonopi West they were informed that the

meeting would be talcing place inside the section. They then followed the people they

were supposedly meeting.

However, once they reached the Ponego High School, they were allegedly told that all

Thokoza people should leave. When they asked about the meeting they were told that the

meeting was no longer on. Before they could ask why? Shots were allegedly fired and

people fled. However, a survivor of the incidents claims that the commander from

Thokoza was involved in the incident and was aware that an ambush was planned. He

claims that the Ramakonopi West youths in the car were lined up against a wall and

executed. However, the commander of Ext 2 denies any knowledge of the ambush and

says they were victims too. He also claims that by the time he got back to Thokoza the

house where the youths had sought refuge had also been attacked . Two people survived

the attack on the house which left twelve youths dead and one youth survived the

35

Report for May-A ugust ~9J ml

shooting at Ponego school. The house has neighbours on each side and yet all claim to

have heard and seen nothing on the day of the incident. When the Board visited the

house, it was clear that youths inside were surprised and tried to hide behind the

furniture but they were brutally slaughtered. The house was covered in blood and many

of the youths were shot more than once.

The police have arrested three youths in connection with the massacre.

9. I . 3 Vo~oorus

The shooting of 18 year old Sibusiso Mbethe (see page 2) by the Benoni Murder and

Robbery Unit on Wednesday August 24 has led to calls from residents of Vosloorus for

the activities of this unit to be investigated. This unit waS also involved in the fatal

shooting of MK member Magaula Mabuja and resident Thabiso Mofokeng in December

1993 (See 161 December / January report) . Residents have expressed fear that the unit is

acting above the law . Despite standing orders issued to the units to report to local station

commanders regarding their presence in an area, this is never done. Failure to do so

undermines residents confidence in the local SAPS. Residents in Dindela, where most of

the harassment is taking place, claim that they cannot in all good conscience support anti­

crime campaigns if units such as Murder and Robbery are involved in criminal acts

themselves.

It should be noted that Sibusiso Mbethe's death is that it comes only a day after there was

an attempt to address the problem between Djejeka (Edmund Khumalo) and the SOU in

the area . Tensions between Djejeka and the SDU have been mounting since the latter

accused Djejeka, a former SDU member, of being involved in criminal activities . Mbethe

was killed in the yard where the meeting took place. The search for Djejeka and

subsequent death of Mbethe follows a public announcement by Djejeka that he was going

to expose the policemen he had allegedly been working with during his criminal sprees. It

is possible that members of the SAPS are trying their utmost to prevent Djejeka from

incriminating them in criminal acts.

36

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•

ill! Report lor A1IJrAulJUsI ~9J

It is crucial that an independent investigation be held into Djejeka's al1egations and that

he is afforded some guarantee of safety.

Some elements within the Vosloorus SDU accompanying police on searches for Djejeka

have allegedly assaulled residents in Dindela and damaged property. This has led to

serious tension between these SDU members and the residents of Dindela . .. According to the Vosloorus ANC branch, Djejeka is the leader of a gang that has been

terrorising the community of Vosloorus. Djejeka has denied this saying that he was only

involved in hijacking cars. snus in the area claim they have to deal with the gang which

is equipped with fast cars and who use"'Cellular phones .

The ANC office in Vosloorus was also allegedly attacked by the gang. The ANC claims

that several shots were fired at their premises. The gang is accused of shooting policemen,

raping women and hijacking at least five cars a day. SOU members have claimed that

Djejeka and his gang members have come to their homes and harassed them. Norman

cube says that he is in hiding because Djejeka has come to his home on several

occasions. Christian Thunywa claims that he was investigating a car hijacking in Mlaba

Street when a gangster threatened to shoot him because he was working with the police.

On the same evening he was shot in the leg and shoulder. SANCO representative Mpho

Mofokeng says fear among the residents is so deep that no one goes outside after 7pm.

Tension between Sibusiso Mbethe and the SDUs began at school. Vusi Mbethe, the

deceased's brother has alleged that the ANC made things very difficult for the family and

claimed that Sibusiso was associating with criminals.

Vusi claims Sibusiso only joined Djejeka (a neighbour -they grew up together) when he

was shot at and threatened by SDU members. Vusi says that Sibusiso joined forces with

Djejeka because Djejeka had access to guns and could protect him .

Over a period of three months members of the SDUs and the police have been coming to

the Mbethe home. The Mbethe family alleges that they were often drunk and wielding

their AK47s. On other occasions they covered their heads with balaclavas.

37

Report for MarAugust f9J IBI

The Mbethe's allege at one point the SDUs came three times a week. Sometimes the SDUs

would be in the company of members of the Benoni Murder and Robbery Unit and local

Vosloorus policemen.

On Monday 22/08/1994 two days before Sibusiso's death -several white men dressed in

Cooper hats (balaclavas), gloves and big lumbers arrived at Ule Mbethe home. They

jumped the fence and went straight to Sibusiso's room . They kicked open door and

damaged it . They searched the room and then went to Vusi's outside room. Before he

could open the door and switch on the light -the door was kicked in. It landed on top of

Vusi. He then fell onto the bed. They asked no questions, searched the room and then

asked Vusi his name. Later they accused Vusi of hiding people. He was then told by one •

of the men to dress and to go with them. Vusi went into the house to dress, but when his

mother put the lights on the men left. Mrs Mbethe then informed Vusi that t\-vo of the men

had been in the house and that they had their faces covered.

On Wednesday August 24 1994 Vusi was fixing the damaged doors when he saw Sibusiso

passing in a vehicle.

According to the occupants of the house where the shooting took place, Djejeka's sister,

ono, pointed out the house. The police then entered through the front door. Djejeka and

Sibusiso went out the back door. Djejeka jumped the fence and threw his AK47 to

Sibusiso. It was at this moment that several policemen entered the yard from the main

gate and Sibusiso was shot. He had not used the gun and according to witnesses had not

been given the chance to surrender. He was shot in the leg and under the arm . When his

brother Vusi arrived at the house he was still alive. The incident took place between

13hOO and 14hOO. The ambulance came at 15h30. According to witnesses Sibusiso was stilJ

alive when the ambulance arrived but that policemen on the scene told the ambulance

men not to bother. Sibusiso then d ied . While he was alive he was allegedly kicked by

various policemen which led to a confrontation between the police and students returning

from school.

38

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IBI Report for !.lay-August '9.1

A note was also made of all Sibusiso's personal effect but to date these have not been

returned to the family.

Apart from the shooting of Sihusiso several residents in Dindela have been harassed by

members of the Benoni Murder and Robbery Unit and in some cases the SOU looking for

Djejeka.The following are a few examples . .. Nono Shabalala -Djejeka's sister claims that on at least three occasions she has either been

beaten or lashed by members of the SDU who wanted to know the where abouts of her

brother was. On August 24 she was assaulted by members of Benoni Murder and Robbery

before pointing out the house where her'brother stayed .

ANC member Dipau alleges that he was lashed by members of the SDU at his home and

later taken to the ANC office at Lesedi and lashed again. He was told that the SOU knew

that he had information on the whereabouts of Djejeka and Sibusiso.

On Wednesday August 24, the same day that Mbethe was killed, members of the Benoni

Murder and Robbery Unit entered the home of Edith Mbatha of 2385 Khoza Street,

Vosloorus and fired shots into her bed. (The lead from the shots fired were found under

the headboard and are in the possession of the IBI.)

On the same day they kicked in the door of a church in the back yard of Olga Magcwaca

of 2387 Khoza Street and kicked in the door of a backroom in the yard of Khumalo at 2431

• Jama Street.

In the early hours of Thursday August 25 members of the Benoni Murder and Robbery

Unit visited Rejoice Mapisa's home at 2485 Jayiya Street for the third time since June and

once again smashed the back door. On the other occasions they fired a shot inside the

house and kicked and damaged an inside door.

On Friday August 19 several people arrived at the home of Bongani Manqele who

resides at 2422 Jayiya Street. They kicked in the door of his room. Some of the intruders

wore balaclavas. On Monday August 22 they returned again. Manqele was assaulted by a

39

Report for MarA ugust ~9J

number of white policemen. He was kicked and beaten . He was asked about Sibusiso

Mbethe and Djejeka. They wanted to know from Manqele what car did Djejeka drive.

TBI

On Thursday August 25 - members of the Benoni Murder and Robbery Unit kicked in the

front door of Louis khulu's home at 2594 Mthabela Street, Vosloorus.

Djejeka's mother} Ivy Shabalala who resides at 2438 Jiyaya Street, claims that her house

has been raided many times by the Benoni Murder and Robbery Unit. The last time being

on the August 24. On previous occasions they smi\shed in both the front and back doors.

They also cut the telephone line in the house. Shabalala says that she has informed the

police on every visit that the last time her son stayed at home was two years ago.

Shabalala says her sister, Lindi Khumalo who stays at 1096 Fred Molabo Street, Vosloorus

had her furniture damaged by the Murder and Robbery Unit when they were looking for

Djejeka .

On July 271994 the same unit entered Andrew Rakoma's home. They opened fine and

there are at least eight to nine bullet holes in the walls causing serious structural damage.

The Board is also currently investigating allegations of torture against the Benoni Murder

and Robbery Unit in Davey ton.

The Board calls for an in-depth investigation into the activities of this unit. Until such time

as these units are brought under some form of control, efforts to engage the community in

crime prevention etc. will meet with little success. A further concern is that CPFs are only

involving visible policing units and that specialised units are separate from and not

incorporated in the whole drive towards community policing.

Although fBI is aware that Djejeka is wanted by the SAPS in connection with several

alleged crimes it is important to note that this in no way justifies the level of harassment

they have inflicted on the residents of Dindela. The illegalities of the SAPS's investigative

methods could have serious consequences for ensuring that justice is done.

9.2 The Voal

40

I

•

ml

9.2.1 Tortvrn in Ihe Vaal Triangle

Following the discovery of an electric shock machine by members of the Dutch Violence

Observation Mission in early May 1994 (See IBI's "Election Special" report,) fBI has been

engaged on a full-time basis collecting and collating information pertaining to allegations

of SAP misconduct (i.e . serious assaults, torture etc.) in the Vaal Triangle . . " .

lSI was given a list of names of men being held in the remand section of the Vereeniging

Prison (aka Leeuhot), who alleged that they had been subjected to serious assault and

torture by the SAP. Over a period of three days in mid May 1994, two IBI researchers

spoke to forty three awaiting trial prisoneri, taking down basic details of the alleged

misconduct .

Twenty one of these men said that they had been subjected to electric shocks as well as

physical assaults. Others had been subjected to "tubing" also known as "choking" (The

victim is generally made to lie on his or her stomach. Then someone sits on the victim's

back and places a tyre tube over the victim's mouth and nose so that s / he cannot breathe

properly. Others prisoners alleged beatings of varying severity .

lBI immediately referred these cases to the Police Reporting Officer for the

Witwatersrand, Advocate Jan Munnik. lBl also faxed a document of its concerns to the

Regional MEC for Safety and Security, Ms Jessie Duarte. This document set out IBl's

findings and its concerns about the ineffectiveness of the available complaints

• mechanisms. It was evident that the existing mechanism's were woefully inadequate due

to a number of reasons, not least a lack of w ill power by the SAP's Internal Investigation

Unit (ITU), whose failure to thoroughly investigate a plethora of allegations was perceived

by the Vaal Triangle communities to be, at best, indicative of their incompetence.

Throughout the remainder of May, June and July, IBI continued its research and

fieldwork in the Vaal, whilst lobbying the national and regional ministries of Safety and

Security for a Commission of Inquiry into Torture in the Vaal and for the establishment of

an effective investigation team to thoroughly examine existing allegations of torture in the

area.

41

Report for }t'/,1rAugust '91 ml

After much consultation and debate an investigation team was put together on the basis of

a proposal from Mrs Duarte's office. The team is headed by Colonel P J Smuts who is in

charge of fourteen SAP officers from outside of the Vaal Triangle. The team is supported

by three senior international policemen (two from the etherlands and one from Creat

Britain), civilian representation from IBI, the Wits Vaal Peace Secretariat, the Legal

Resources Cenlre.s well as the ANC, PAC and IFP. The team is officially part of the

augmented Complaints Investigation Unit and is supervised by Advocate Munnik.

This team has approximately one hundred and forty cases to investigate. Most of these

cases fall within the last eighteen months, and a considerable number from 1994. These

cases include the torture of a policeman, and a prison warder. The most recent allegation 4

of torture by electric shocks was on August 4,1994. A further allegation of serious assault

has been brought to IBI's attention on August 11, 1994, when two youths were

hospitalised as the result of alleged beatings by members of the SAP.

Although IBI believe that the levels of abuse have subsided in the last few months as the

result of being increasingly under the spotlight, it is evident that abuses arc continuing.

The commanding officer of the Vaal IIU recently informed the CIU team that the number

of complaints received by his unit was not decreasing. Nearly every police station and

police unit in the Vaal has been implicated in one way or another. Of particular concern

are the specialised units, particularly the Vanderbijlpark Murder and Robbery Unit and

the Riot and Violent Crime Unit, (where the electric shock machine was found) also based C

in Vanderbijlpark. A number of allegations have also been levelled at detective units

based in Vereeniging, Barrage, Meyerton and De Deur as well as uniformed members of

the SAP from a number of Vaal Triangle police stations.

early all of the cases currently under investigation involve alleged abuse of ordinary

criminal suspects. To date there has been little public awareness about their treatment

relative to the political prisoner issue. Most remain legally underrepresented, and it is

clear that lawyers are systematically excluded from the interrogation sessions.(#)

•

•

IBI Report for MlJrAugust ~9J

Most of the above cases involve beatings to extract information or confessions. When the

police have secured a signed confession and present the accused to a magistrate to assess

whether the confession was made freely and voluntarily the procedure involved is highly

prejudicial to the suspect. He or she is returned to the custody of the police who have

sight of the confession once the magistrate has assessed that it was made freely and

voluntarily. Should the police be c;lipsatisfiecl with the confession the suspects are once

again at their mercy and a new confession can be presented to the magistrate at" a later

date. Certain cases currently under investigation indicate that suspects have been

subjected to further abuse having informed a magistrate that they have been abused . In

one case, a suspect was made to confess.tQa murder as well as the armed robbery for

which he had been originally arrested. The suspect was charged and his confession was

accepted by the magistrate. However, it later transpired that the suspect had actually been

incarcerated at the time of the murder. The charges were withdrawn, but no attempt was

made by the local authorities to examine why the man in question had made the

confession.

During all these initial procedures suspects are mostly without legal assistance and are

held incommunicado without access to anyone except a state official which is a gross

violation of section 25 of the chapter on fundamental rights in the new South African

Constitution. IBI is concerned about possible complicity by individual magistrates and

prosecutors who are aware of the methods used to extract information and confessions,

and collude with elements within the SAP by accepting its practice. Current investigations

can not exclude such possibilities.

lSI is also concerned about allegations that have arisen within the Vaal investigation about

the torture of state witnesses and the effect this will have on forthcoming trials. If state

witness evidence is found to be inadmissible as a result of malpractice's by investigating

officers, many prosecutions could fall apart. In a recent case in Parys in the Orange Free

State, two of the four accused in a murder trial, were acquitted because of the

inadmissibility of confessions that were extracted involuntarily. It also transpired during

the trial that one of the State witnesses had also been tortured. The prosecution cases then

43

Report for MlJrAugus/ i91 IBI

relied almost enti rely on finger prints found at the scene, w hich implicated two of the four

accused .

Building cases against the alleged torturers is also extremely difficult, unless independent

agents have access to the victim almost immediately. In the most recent Vaal case lBI were

able to see the victim within hours of the alleged torture and this has greatly increased the

chances of p rosecution. However most of the cases currently under investigation

happened some months ago, and in some cases over a year ago. The chance of detectives

building strong case dockets in many of these cases have consequently been reduced.

Without the benefit of independent and sympathetic witnesses, allegations about police

malpractice's are based entirely on the suspect's own account of what transpired, or on

the accounts of other suspects in custody. Usually the police are sufficiently skilled and

experienced to ensure that their unlawful actions are not witnessed by someone else.

Victims are often afforded low credibility if they are convicts and often one wi tness

statement is countered by several police witnesses.

This situation is compounded by a uconspiracy of concealment and the conspiracy of

denial run very deep in the occupational culture of the SAP", (#)

Another problem, experienced by !BY in their investigations into torture in the Western

Transvaal in 1991, has the failure of victims to inform the relevant authorities about the

alleged torture. Suspects who fail to insist on a trial within a trial are unlikely to be taken

seriously when he or she claim at a later stage that they were abused by the SAP during

interrogation. However many suspects have alleged that they were threatened wi th

further abuse if they spoke to anyone about their treatment. In a number of cases such

threats were enough for suspects to hold their tongues when they came before the

magistra te.

Some of the attorneys that IBI spoke to said that they d id not raise their client's

allegations, fearing tha t it wouJd compromise their cases. Others expressed concerns of

possible retribution against their clients and even themselves .

•

•

IBI Report for Ml1rAugust ~9.J

JBI is not overly optimistic that strong dockets can be built on the basis of most of the

allegations currently under investigation. However, the collation of numerous allegations

resulting from the current investigation wm be forwarded to an envisaged Commission of

Inquiry. TBI believe that findings by a commission based on similar fact evidence will be

a damning indictment of police misconduct in the VaaL

It is significant that for the first time their appears to be political will, particularly from the

regional Ministry for Safety and Security to address the problem. The acceptance by the

SAP hierarchy of the inclusion of both international poHcemen and civilians in this

investigation is also significant, as it impJies that the SAP are aware that transparency and

credibility will be essential ingredients if this investigation is to be successful .

It is however important that expectations from this investigation are tempered . Although

police misconduct has been instrumental in contributing towards the current state of

police community relations, crime in the Vaal Triangle as elsewhere in South Africa

remains unacceptably high. The SAP is under resourced and is struggling to cope with

increasing demands. Its members are increasingly at risk as the number of police

personnel attacked continues to increase. The levels of misconduct within the SAP reflect

an increasingly violent society. The illegal methods used by elements within the SAP to

extract information is undoubtedly a labour and time saving exercise that has had certain

short term benefits for the SAP. However the consequences of these perversions within

the criminal justice system on developing relations between police and community have

been set back immeasurably, particularly as such abuses have continued in the new

political dispensation.

It is also unlikely that this investigation will significantly bridge the gap between police

and communities in the Vaal. It can however go a long way to ensure that future abuses

are prevented and enable communities to put their faith in the internal investigation

capacity of the SAP. This in itself would be enormously significant.

IBI will produce a comprehensive report on the allegations and investigations at a later

date.

45

Reporllor Afl1rAugust W ml

(#) -" Police Abuses of Non-political Criminal Suspects: A Survey of Practices in the Cape

Peninsula Area" by Lovell Fernandez fNSTITUTE OF CRIMINOLOGY - UNIVERSITY

OFCAPE TOWN (199J).

9.2 .2 Soipatong Massacre

Almost two years after the massacre that derailed the negotiation process, seventeen men

from the Kwa Madala hostel were sentenced to between ten and eighteen years

imprisonment for their part in the killings. Justice J M C Smit attributed the massacre to

political rivalry between the ANe and the IFP and that the massacre was a plan to kill

political opponents, a plan that went terribly wrong, resulting in the deaths of many

innocent men, women and children. In mitigation, Justice Smit pointed out that those

being sentenced were themselves victims of ANC comrades and self defence units.

For many the entire Boipatong tragedy remains unresolved, and few residents in

Boipatong have been appeased by the courts findings. Initial Goldstone Commission

enquiries indicated that the SAP had perhaps played more than a passive role in the

whole affair, both massacre and investigation. A number of incidents pointed towards

police incompetence and possible complicity. The massacre had taken place over a

number of hours yet the SAP had failed to intervene. Police tapes that would have shed

light on the activities of the police that night were mysteriously erased. Residents in

Boipatong alleged that SAP vehicles had escorted impis from the hostel into the township.

Initial Goldstone investigations were subsequently followed by the release of the

controversial Waddington report which severely criticised the role of the SAP that night.

Nothing further was heard from the Commission, and having now closed its doors to any

further investigations, it is not known whether all its findings into the massacre will be

publicly disclosed.

The investigation into the massacre was a vivid example of incompetent police

investigation. Over one hundred residents of KwaMadala were arrested after the

massacre. Of these seventy seven were charged and thirty two were prosecuted . Attorneys

46

•

lSI Report for "..larA ugust '9J

for the accused have alleged that of the original hundred plus arrested, all but five were

severely assaulted in an attempt to extract information. Weapons seized at the hostel were

thrown into a pile in the middle of the compound, effectively making it impossible to link

individuals to particular weapons.

During sentencing of the seventeen accused in March 1994, Justice Smit castigated the .. Coldstone Commission for spreading unfounded rumours about police complicity. As far

as Justice Smit was concerned the evidence before him did not prove the alleged

complici ty. It is possible that further evidence will emerge in the forthcoming Truth

Commission. However, it is unlikely that a comprehensive account of what transpired on . -the night of June 17,1994 in the small township of BOipatong will ever be known .

10. TRAIN VIOLENCE

Attacks on trains which were part and parcel of the Reef violence have all but vanished

since the April elections. Despite the above, there are still a number of issues which have

the potential to spark violence. Particularly in Katlehong where the railway line between

Kwesine hostel and town remains closed after being sabotaged last year.

There are number of cases currently being heard in the Johannesburg courts regarding

train attacks. Five people are currently on trial for an attack that took place between the

Mayfair and Langlaagte stations on October 13 1993. The five are Petrus Phenyane (26) of

• Mofolo North, Osborne Madondo (38) of Snake Park, Soweto, Elford Plati (33) of

Dobsonvil1e, Thembeni Oloma and Doris tsele. The latter two are to stand trial

separately in the Johannesburg Regional Court and will face a charge of illegal possession

of a firea rm.

The State alleges tha t the first three accused are guil ty of four counts of murder, five

counts of attempted murder, illegal possession of fi rearms and ammunition. The fi rearms

were listed as a home-made 12 bore shot gun known as a "zipper", a Baretta and a Rossi.

47

Report for May-August '91 181

The alleged offence relates to an attack on October 131993 when Zulu commuters on a

train travelling behAleen Mayfair and Langlaagte stations. It is alleged that Plati, his co·

accused and others occupied one section of the train while the victims occupied another

section and that the alleged assailants would alight at the various station and toyi·toyi

(dance) before boarding the train as it moved out. They then rushed to the coaches

occupied by the deceased armed with glUlS, stones and sharp objects. Members of the

SAPS arrived at the next station after the attack and found the weapons allegedly hidden

on the two women who are to stand trial in the Johannesburg Regional Court.

The case was postponed to September 211994,

Mku1uzana Zulu(41) of the Kwesine hostel in Katlehong is facing charges of murder,

attempted murder and possession of an illegal firearm and ammunition in the Rand

Supreme Court. Zulu is accused of murdering Mandla Xamla near the Cleveland Station

on November 41992 . He is also accused of attempting to murder Lindikhaya Gwadiso.

Zulu was arrested during a search for illegal weapons at the Kwesine hostel.

The case was postponed to September 27 1994,

The case against hAlo Soweto men accused of murdering five people in a train attack last

year were found not guilty in the Rand Supreme Court in June. Tulo Witi (22) and Vuyani

Nkundeleni (29) had earlier denied taking part in the attack and claimed they too had

been injured during the attack, Witi claimed during the trial that he had confessed to the I shootings because he had fea red for his life. He claimed tha t during his interrogation his

head was covered with a tyre tube.

Acquitting the hAlo, Judge R Grobbelaar said that there was no evidence to convict them.

He lashed out at the police who arrested the hAlo men and criticised them for not

conducting a proper investigation into the matter.

48

lSI Report for MarAugusf ~9J

11 . TAXI VIOLENCE

Taxi violence continues to plague the transport industry. The prospects for peace in the

industry remain slim particularly in light off rivalry over routes. At least 71 people have

been killed in taxi violence this year.

Six people were killed in central Joilanoesburg on Saturday May 28. Police claimed the

attack was part of an on going feud between rival taxi associations. The drivers of the two

taxis which were riddled with bullets and burnt on the corners of Kock and King George

streets at about OSh30 were members of the Venda Long Distance Taxi Association.

--Witnesses told the police that about eight men got out of a white Cressida and opened fire

e and the taxis then caught fire. Police originally claimed that the fires were a result of a

bullet hitting the petrol tanks but now allege that there was a possibility that the taxis

caught alight because of tracer bullets.

Taxi violence has flared in Pretoria, Johannesburg and Soweto. The violence in Soweto

led to the deployment of the Internal Stability Unit (ISU) particularly around the

Baragwanath taxi rank.

The East Rand however bore the brunt of attacks. Eleven people were massacred on the

Black reef Road near Katlehong in July. The attack was strategically planned and

appeared to part of a renewed taxi feud in the area .

• Gunmen in a red ballie (van) started shooting indiscriminately at cars in front of them

near the Wadeville / Katlehong bridge on the Black reef Road at about 18hOO. At the same

time gunmen armed with AK47s and positioned along the Heidelberg Road intersection

started firing at passing cars. When the bakkie drew level with the intersection, the men

on the ground leapt into it and a group of about ten men fled. The police recovered as

many as 70 spent AK47 cartridges and 9mm cartridges at the scene. Five minibus taxis

and three cars were damaged in the attack.

The suspects have been identified as taximen by both the Katlehong Civic Association and

Katlehong's People taxi Association (Kapta). Kapta chairperson Nelson Ngwenya said

49

Report for MarAugust '9/ ml

that the attack could possibly be related to dissatisfaction over routes and said the red

bakkie used in the attack belonged to a Kapta member. He said it appeared from available

information that the shooting could have been a result of "ill-disciplined "Kapta elements

who reportedly provoked WadeviUe taxi operators.

The police are still investigating.

12. CONCLUSION

Despite political will from the new Government to stamp out human rights violations

committed by its security forces lBI's research in the PWV indicates widespread

continuation of such abuses.

The SAPS admit that such abuses do occur but are limited to the "odd bad apple". This

admission is based on the few successful prosecutions which have arisen through the

courts. However this admission belies the knowledge that torture and systematic abuse

by elements within the SAPS is widespread .

The Governmenrs programme to transform the SAPS hinges on its ability to establish

widespread credibility from the communities the police are supposed to serve. At present

it appears that the Government has a limited capacity to stamp out abuses and is faced by

a powerful SAPS hierarchy whose priority is to address criminality within the community

rather than in its own ranks.

South Africa's future as a non-racial democratic society rests on the application of its new

constitution. Provisions within this new constitution fundamentally challenge the status

quo within the criminal justice system. The rights of the individual are paramount and

attempts to pervert the course of justice through the illegal extraction of information must

be challenged at all costs. If this results in the acquittal of supposeclly guilty parties, the

question must be posed as to whether guilt in individual cases or adherence to correct

procedures within the criminal justice system are paramount?

50

•

•

•

IBI Report lor A1nrAugust '9.J

All investigations into abuses are now complicated by these evasions. Criminal gangs

often claim to be members of SPUs or SDUs but their activities are not related to political

struggle - their motivation is greed and gain and the power of coercion.

The South African Police Service(SAPS) is unable to deal with this violent criminal

activity until it has addressed the criminality within its own ranks . ..

. -

51

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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