AFFIDAVIT - Historical Papers, Wits University · that he knows and understands the contents of this affidavit, has ... They, however, gave us verbal undertakings that they . I. Kwa-Madala

AFFIDAVITthe undersigned,

DENKIE MOERAXEhereby state under oath that : -

I a IT: an adult male, unemployed and residing at the

Kwa-Madala Hostel near Sebokeng. I was born on the 16th August 1971.

The facts herein contained are within my personal knowledge and to my best belief are true and correct.

On the 15th March 1992, I sustained gunshot injuries and was admitted to the Sebokeng Hospital, where I am being treated for these injuries.

Prior to December 1992 I lived in Sharpville, where I grew up and attended school.

During 1991, I was recruited by some of my friends into the Inkatha Freedom Party. Thereafter, I began to fear comrades in the township as I believed that they would attack me because of my Inkatha membership.

On or about December 1991, I asked my relative, Rev. Peter Moerane, to intervene on my behalf and to approach the comrades to dissuade them from attacking me. I, however, remained afraid of such an attack. I

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was then informed by friends who were living at the

Kwa-Madala Hostel that they could protect me from

comrades if I came to live at the Kwa-Madala Hostel.

I decided to do so, and began living at the Kwa-MadalaHostel in December 1991. I do not recall the exact date.

I am able to live at the Kwa-Madala Hostel without charge. I am unemployed, as are several of the other residents of the hostel. We are supported by those residents who are employed. In addition, we receive food parcels from the International Red Cross every two weeks.

Although the Kwa-Madala Hostel is owned by Iscor, only some of the residents work at Iscor. Some work at other factories and, as mentioned above, the rest are unemployed.

All the residents of the Kwa-Madala Hostel are members of the Inkatha Freedom Party. Amongst the residents there are individuals whom are leaders of the Inkatha Freedom Party. Amongst them is one, Buthelezi.

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A s> stem exists at the Kwa-Madala Hostel whereby each

resident becomes part of a "unit". I was placed in a

unit consisting of four members. The other three

members are Ndundu, Kgosi and Mojalefa..

I was trained in the use of weapons by Buthelezi and other members of the leadership core of the Inkatha Freedom Party at the Kwa-Madala Hostel.

I am aware that other members of other units were also trained in the use of weapons.

I have seen many arms and ammunition stored at the Kwa-Madala Hostel.

The arms are brought by members of the Inkatha Freedom Party, who arrive at the hostel from Natal. I have seen them arrive with AK 47's and spears with poisoned tips.

Some of those who arrive come to the area to work. However, others come to carry out missions and attacks in the local township. Others come to bring arms and then leave.

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17 . During the four months that I have lived at the

Kwa-Madal Hostel, I have seen units being sent out on

missions. However, I have not known exactly where they

have been sent to or what missions they have carried out.

18, My understanding of the reason for these attacks is that the residents of Kwa-Madala Hostel wish to regain entry into the township. It was explained to me that in order for us to go back and live in the townships, we need to attack the comrades.

19. On the 15th March 1992, my unit was instructed by Buthelezi to go to Sharpville Township for the following purpose : -

19.1 to attack comrades who had been responsible for the killing of an Inkatha member, one Tlhola;

19.2 to attack two taverns, namely, Chief's Placeand the Philadelphia Tavern. We wereinstructed to kill people there because it is known that comrades drink there.

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We were also informed that a secondary purpose to our

mission was to assist in the attack of comrades for the

purpose of Inkatha regaining entry to the townships.

We were given arms by Buthelezi. We were given two rifles amongst the four of us. I was not myself carrying a rifle.

We divided ourselves into two groups of two. I moved with Ndundu. He was carrying a rifle.

Between 8 and 9p.m and at or near Phomolong Section in Sharpville, we saw a group of comrades. Amongst them was one comrade known to me as Ntopia. My partner opened fire and Ntopia was struck. I rushed forward to Ntopia but at the same time my partner opened fire and I was struck by the bullets of the automatic rifle which he had fired.

As far as I cam aware our second mission at the Philadelphia Tavern was not carried out after I was struck and injured.

I was later taken by ambulance to the Sebokeng Hospital where I was operated on, on the same day. I have

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bullet wounds in my stomach and in my left arm.

25. The general perception at Kwa—Kadala Hostel is that the police are on our side because they also hate the comrades. There are certain members of the South African Police who have a close relationship with the leadership of the Inkatha Freedom Party at the Kwa-Madala Hostel. I have personally seen South African Policemen from Vanderbijlpark Police Station and Houtkop Police Station at the Hostel on several occasions.

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On some occasions, when the South African Police conduct raids in the townships, some of the residents of the Kwa-Madala Hostel are collected by them and help the police to point out houses of the comrades in the township.

27. During the funeral of Tlhola we were told that the police would not intervene if Inkatha attacked. This was allegedly conveyed by the police to the family of the deceased and the units deployed at the house of the deceased.

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I have often seen Nana Chabangu at the Kwa-Madala

Hostel, although he does not live there. I am also

aware that his mother runs a tuck-shop at the

Kwa-Madala Hostel.

I believed I had no choice but to take part in the mission and to kill comrades as instructed. I feared that I would be killed if I refused to carry out the mission. I am aware that on a previous occasion, one of the units who had been instructed to go on a mission refused to do so. They were then warned that unless they performed the mission by a certain day, they would be killed. They thereafter carried out the mission that they had been instructed to do.

I wish to return to live in the township but am afraid to do so. I am aware that many of my friends at the Kwa-Madala Hostel would also like to return to their homes in the township.

On the 17th March 1992, I was visited in hospital by one, Amina Van Oosthuizen, who introduced herself as a lawyer who had been instructed by the Inkatha Freedom Party to represent me.

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onTHUS DONE,^SIGNED AND SWORN to before me at ^ w>.this the iJjZ. day of MARCH 1992, the Deponent having affirmed that he knows and understands the contents of this affidavit, has no objection to taking this oath and considers this oath binding on his conscience.

f e v f e r o t _______ _______COMMISSIONER^j^^feitoiS'^N bUDANCFTTT T NAMF<? • ” *'™-TfSlN._, ATTORNEY (R.5 a > rUUj NAMES . COMMISSIONER OF OATHS ADDRESS : 23rd FLOOR KINE CEN’ R£

141 COMMISSIONER STRfH JOHANNESBURG 2001

133)!?- ^ -^^S S N N V H O I

ONvans Nvs .s

t

hZFlDKYIT.

I, the undersigned,

REV. PETER MOERAKE

do hereby state under oath : -

1- I am an adult male Minister employed by the Vaal

Council of Churches in the Department of Justice and

Reconciliation.

2* The facts herein contained are within my knowledge andto the best of my belief true and correct.

3. I have worked for the South African Council of Churches(SACC) since 1984. In 1986 I was allocated the responsibility for the Vaal Area, but at that time was based in the Johannesburg office. I was transferred to the Vereeniging office in 1988.

1• Part of my functions are to receive and investigatecomplaints from members of the community who have been victims of violence and to intervene where possible, to create peace and justice.

'• Since the 22 July 1990, we have constantly receivedcomplaints from victims of violence who reside in Sebokeng, Sharpville and Boipatong.

On receipt of complaints from members of the community, it was the practise of myself and my colleague at the S.A.C.C., Saul Tsotetsi, to go to the area to investigate and to record the incident of violence. We took statements where possible and on certain occasions I took video pictures. Since the death of Saul Tsotetsi on the 22nd March 1992, I have continued to investigate incidents of violence in the Vaal Area.

During January 1991, one, Nangalembe, was abducted from his house by two young men who had approached Saul Tsotsetsi for protection. Nangalembe's corpse was found the following day next to a rubbish dump in Vanderbijlpark.

The family informed us that the same group who had abducted their son had been back to say that the family should not have a night vigil because they intended attacking the night vigil, if it was held. We realised that this was possible, so we consulted with the police to request police protection.

The police gave us an assurance that they would patrol the home of the late Nangalembe.

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Since Saul Tsotetsi's place of abode was not far from

the place of the night vigil,the Organising Secretary

assigned him to attend the vigil.He reported that he

was present from the start until I2h45. During that

time, I did not see any police vehicles patrolling the area.

Almost immediately after he had left, there was an attack on the mourners and many people died and others were injured.

Those allegedly responsible for the attack on the night vigil were arrested by the police. Their trial is still pending in the Vereeniging Magistrate's Court. There are approximately 11 people on trial. They were granted bail and are residing at the Kwa-Madala Hostel.

Some residents from Sebokeng responded to the massacre at the night vigil by attacking the homes of Khetisa Kheswa and others associated with the attack on the night vigil.

Subseguent thereto, the families whose homes were burnt Eioved to the Kwa-Madala Hostel,a formerly disused hostel compound.

During 1991, around February or March, a number of

residents of Sebokeng were arrested and charged with

arson relating to the above attacks. They have

subsequently been acquitted.

From that time onwards, attacks in the form of assaults, shootings, kidnappings and killings have taken place on a regular basis.

From time to time during 1990 and 1991, I do not recall the exact dates, residents of the Kwa-Masiza Hostel were abducted by residents of the Kwa-Madala Hostel. Both hostels are owned by Xscor and house Iscor workers. The Kwa-Masiza residents who informed us that they had been abducted, reported that they had been abducted while leaving for home by bus from the Kwa-Masiza Hostel and from the Iskor Plant in Vanderbijlpark.

On approximately 13 June 1991 we reported the abductions to the District Commander of Police and we attended a meeting at his office. Maj. Steyn of the Security Branch was also present, as well as a number of other policemen whose names I do not recall. I do not recall the date of this meeting, but remember that it was in the first half of 1991.

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At this meeting we found difficulty in convincing the

police of the dangers for the community relating to the

activities of the residents of Kwa-Madala Hostel.

They, however, gave us verbal undertakings that they would investigate and take whatever action they considered necessary.

Thereafter, a press conference was held at COSATU House. The press release therefrom is attached hereto marked "A". Our intention in holding the press conference was to expose the activities of the residents of Kwa-Madala and to exert pressure on the police to investigate and take action to protect the workers housed at Kwa-Masiza.

On 6 June 1991, residents of the Kwa-Madala hostel began going to the house of Ernest Sotsu, who resides at Boipatong. Amongst the group were Khetisa Victor Kheswa and Darkie Choncho.. Mr. Sotsu is a prominent member of the ANC, who had contact with residents at Kwa-Masiza. They visited his house in his absence, but his family were there. They informed the family that Mr. Sotsu should report to them at the Kwa-Madala

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Hostel and they said that if he did not so, drastic

action would be taken against them.

They attended at the house on a number of occasions.

Krs. Sotso reported the unwanted visits to the police,

who attended at the house and took a statement from her.

While Mr. Sotso was in Durban attending the ANC National Conference, an attack was carried out on his house on the 3rd July 1991. Mrs. Sotso, her daughter and her grandson were killed in the attack. Two of his grandchildren, who were shot, survived and reported to us that a group of men had cone into the house, ordered them into the bedroom and had then poured petrol throughout the house. They identified one of the men

Icarrying petrol as Khetisa Victor Khezwa. While the family were in the bedroom one of the men entered and fired with an AK47, killing the three family members and injuring the two grandchildren. They then set the house alight.

Victor Khetisa Kheswa and 2 others were arrested in on charges of Intimidation of Mrs.Sotso. He was released on bail.

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He was arrested thereaTter for the murder of the Sotso

family and various other charges. He was released from

custody during April.

In June 19S1 we met with the Commissioner of Police for our area, Col. Fourie, where we tabled a memorandum detailing a series of incidents of violoence and intimidation. We provided the police with registration numbers of cars and a list of people who were facing threats of assassination. The police assured us that the complaints would be investigated, but we never heard from them again in this regard.It had been agreed that a report back meeting on the progress of the police investigations would be held after two weeks.When we tried to contact them we were told that the senior officials were on leave.

On or about the 7th July 1991, it was reported to us that there had been an attack on Erica Tavern in Zone 7, Sebokeng. A group of people wearing balaclavas arrived and shot into the crowd with AK 47 weapons. Darkie Choncho and Thabo Mofekeng were arrested for this attack. "THey (E^Can Inkatha member

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known to reside at the Kwa-Madala Hostel.

On or about the 15th August 1991, I accompanied a group of women who were a delegation from Boipatong,Sharpville,Sebokeng and Bophelong to the Eanager of the Iscor , a Mr Viljoen.The women handed over the letter attached hereto and marked "B", wherein they stated their belief that the Kwa-Madala Hostel constitutes a place which is a springboard for attacks against the residents of Boipatong and other townships..

Kr. Viljoen, undertook to investigate the complaint.In reply to his investigation, he forwarded a letter to us, attached hereto marked "C", wherein Iscor denied that violence is planned and executed from the Kwa-Madala Hostel.

On the 24 September 1991 we met with Iscor Management and attempted to establish a monitoring committee with them. However, we were unable to resolve how this monitoring group was to be constituted and before we met further, we were approached by residents of Kwa-Masiza Hostel. They informed us that they were

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aggrieved with the approach that the Iscor Management

had adopted and saio that they were of the view that we

should discontinue our meetings with the management

unless they altered their attitude. We accordingly

discontinuied our meetings with the Iscor Management.

On or about the 10th September 1991, I learned that an attack had taken place at Houtkop Station, which is adjacent to the Sebokeng Hostel. This attack had also been carried out by men in disguise carrying AK 47 weapons. Three people were killed. I am aware that the guns used in the attack were taken for ballistic tests.

On or about the 25th September 1991, the S.A.D.F. raided the Kwa-Madala Hostel in response to various complaints about the activities of the residents.While waiting at the gate to enter, the SADF members were shot at with AK47 weapons by the residents of Kwa-Madala. They in turn shot back and 5 residents of Kwa-Madala were killed.

On the 15th November 1991 I was informed by residents of Sharpville that an Inkatha funeral was to take place. I was asked to intervene to attempt to prevent

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violence against the community during the funeral. I

believe I was able to prevent further violence, but

despite this, a number of people were stabbed by

mourners at the funeral. I attach hereto my report

drawn up immediately thereafter, marked "D".

On the 17th October 1991, J. M. and Sipho Mthimkulu were abducted in Voortrekker Street, Vereeniging by residents of the Kwa-Madala Hostel. They were taken to the hostel where they were held against their will for two weeks. Sipho Mthimkulu has since been killed. I refer the Commission to the affidavit of J.M.

On or about the 29th November 1991, P. H. and Sipho Mazibuko were abducted by residents of the Kwa-Madala Hostel. Sipho Mazibuko was last seen alive at the Kwa-Madala Hostel by P.H. on the night of their abduction. I refer the Commission to the affidavit of P. H.

On or about the 2nd December 1991, there was an attack on a tavern at Eatonside, which is an informal settlement. A group of men arrived at the tavern and

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opened fire on the people drinking there. Four people

were killed and others were injured.

The following day we went to visit the families of the deceased.

On or about the 8th December 1991, a number of young girls were abducted by residents of the Kwa-Madala Hostel. They were held against their will at the home of Nana Shabangu and some of them where thereafter held against their will at the Kwa-Madala Hostel. While they were unlawfully held, they were raped repeatedly.I refer the Commission to the Affidavits of A. T. ,L.T. T., M. M. M., and A. T.

To my knowledge, several women, other than those whose affidavits are attached hereto, were abducted during December and January. They have been too afraid to come forward to provide statements.

During the second half of 1991, we met with the Divisional Commissioner of Police, in Vereeniging, at least 4 times. I was present at three of the meetings. We repeatedly raised our concern that attacks against

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the residents of Sebokeng, Sharpville and Boipatong emanate from the Kwa-Madala Hostel. The response of the police at these meetings was that there was insufficient evidence for them to take action. We initiated each of the meetings with the police after receiving complaints of attacks.

During January 1992 I received information that a woman had been abducted from no. 9258 Sebokeng, Zone 7, by a group of men led by Khetisi Kheswa. He is a member of Inkatha, living in Zone 7. She was abducted from No. 9258 Sebokeng, Zone 7.

In response to this complaint, I requested the police at Sebokeng Police Station to investigate. W/o Letlala investigated and to my knowledge, made a written report, which report was not made available to us as requested.

Despite this woman knowing the identity of one of her abductors, no one was ever arrested or charged.

On or about the 7th January 1992 a delegation from Sebokeng consulted with me at my offices about the

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assault by members of Inkatha on pensioners collecting their pensions. The information given to me was that one, Kheswa, had appeared in the Vereeniging Magistrate's Court on that day and had been refused bail. His supporters in response to the refusal of bail had attacked the pensioners. In response thereto the SADF members shot at the Inkatha members, killing one and injuring others.

On the 8th January 1992, myself, Saul Tsotsetsi and Rev. Kolokoto met with Capt. De Klerk and Col. Steyn of the former Security Branch in Vereeniging. We placed the abduction of Johannes Mthimkulu on the agenda.Their response was positive in the sense that they agreed that the police would conduct a raid of the Kva-Madala Hostel. We agreed with their contention that the best time to carry out such a raid would be the next day as it was already late in the afternoon and they said there was a need for them to meet with the District Commissioner before they could undertake the raid.

The following day, myself, Saul Tsotsetsi, Rev.

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Kolokoto and Mr. Sotso attended a meeting with the

Divisional Commissioner of Police, Col. Gerber, where

we informed him that ve were in possession of

affidavits from one of the victims of an abduction. We

showed the affidavits to Col. Gerber and explained the

contents thereof. We did not hand them to him however. Capt. de Klerk, Warrant Officer Pute and Capt. Roos were also present at the meeting.

Capt. Roos said that they needed to be on the "right side of the law" to conduct the raid. We were surprised by this statement and argued that we believed they had good reason to conduct the raid to protect people who had been abducted and held against their will. The meeting reached a deadlock. Warrant Officer Pute left the meeting. We continued discussing the necessity to raid the Kwa-Madala Hostel with Capt.Roos. He, however, simply confirmed his view that there was no basis to raid. We then left the meeting.

We were later informed by the police that they had conducted the raid on or about the 16th January 1992, but had not discovered any weapons, nor found anyone being held against their will at the Kwa-Madala Hostel.

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On the 12th January 1992, the accused in the night

vigil case appeared in court in Vereeniging, and

residents of the Kva-Madala Hostel attended court.

After the court appearance, they began harassing passers-by in the Vereeniging Central Business District. One of the victims was a young man named Tony, who reported at our offices. He was captured but escaped while they were forcing him to go with them.He said the nickname of the person abducting him was Fish. On the following day a number of other people came to our office to report incidents of harassment from this group.

On the 12th February 1992 a young boy was forcibly taken from the Mark Park Shopping Centre by members of Inkatha residing at the Kwa-Madala Hostel. He was able to escape however and reported at our offices, where he stated that he was able to identify his abductors, who reside at the Kwa-Madala Hostel. My colleagues at the Vaal Council of Churches, Saul Tsotetsi, Rev. Kolokoto, the General Secretary of the Vaal Council of Churches and myself, reported the incident to the Vereeniging Police Station. The police informed us that a young boy had been to their offices

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t

to ask for protection after he had managed to escape,

but a docket had not been opened.

We received a report that on the 21st February 1992, there was an attack on the Ha—HloJ^p-Ya-Pe^e Tavern in Sharpville. The attack took place at approximately 10.15 in the evening, when a group of men, numbering four to five, kicked open the door and fired shots into the tavern. Five people were killed by the gunshots. Several guests of the tavern were injured.

On the 24th February 1992, I accompanied Mr. Tsotetsi and Mr. Nkopane to visit the families of the deceased and to visit the injured at the Sebokeng Hospital. The injured at the hospital described the events set out above to us. They had all sustained multiple gunshot wounds. I am aware that one of the injurdlS is Simon Mkwanazi. One is known to me only as Mzwake and the third person's name is unknown to me.

The injured informed us that the faces of the perpetrators of the attack could be seen and that they recognised one of them as a person known to them as Fish". It is further known that Fish is presently

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residing at the Kwa-Madala Hostel. Fish was also

injured in the attack, although the circumstances under

which he was injured are unknown to me.

On the 15th March 1992, an attack took place at Chief's Place Tavern in Sharpville. It was reported to me that two women had been killed and that several had been injured. I was further informed that one of the perpetrators of the attack had also been injured and was in the Sebokeng Hospital.

We visited the victims and the injured perpetrator, at the Sebokeng Hospital.

I am aware that the perpetrator, Mr. X, agreed to submit an affidavit and give evidence to this Commission.

I refer the Commission to his affidavit, wherein he states that he and three other residents of the Kwa-Madala Hostel (who formed part of a "unit” and whom had been trained in the use of weapons) were given arms and were sent out to attack Chief's Place and Philadelphia Tavern. He further states that arms and

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ammunition arrive at the hostel on a regular basis and are stored there.

On the 16th April 1992 at the Trevor Building, Voortrekker Street, Vereeniging, where the offices of the S.A.C.C. are situated, a number of people attending at other offices in the building were assaulted by members of the Inkatha Freedom Party.

I telephoned the offices of the Inkatha Freedom Party and discussed the matter with a Mr. Nhlapo at their offices. He undertook to make an inquiry.

Shortly thereafter, two young girls arrived at our offices, asking for protection as they had narrowly escaped kidnapping outside the Mark Park Shopping Centre in Voortrekker Street, adjacent to our offices.I again telephoned Mr. Nhlapo who acknowledged that his members were harassing people in the Trevor Building and the vicinity.

The victims of the assaults and these two young women reported to me that their assailants are known to them to be residents of the Kwa-Madala Hostel.

On Friday the 17th April 1992, two young men, Paul -fi

Mthimkulj and Oupa Yika were kidnapped in Zone 7, Sebokeng. Two eye-witnesses to the kidnapping

recognised two of the kidnappers who are known to them, namely, Khetisi Victor Kheswa and Makh*hleni. Khetisi

Kheswa was in custody until sometime in April. Prior to his arrest, it was known that he resided at the Kwa-Madala Hostel.

The bodies of the two young men who were kidnapped were identified by their families at the Vereeniging Mortuary on the 19th April 1992.

A docket has been opened at the Sebokeng Police Station. The Commission is referred to the affidavits of Mzwakhe Nhlapo and P. M. who witnessed the kidnapping. Mr. Nhlapo has subsequently been killed by the police.

In the early hours of the 19th April 1992, eight members of the Lefeidi family of 8023 Vergenoeg, Sharpville, were killed by gunmen who forcefully entered the house. The men armed with AK47,s, raped two of the women in the house before killing them and six other family members.

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Edith Kloadi, a Std. 9 pupil, was also raped by one of

the gur..nen. She is the only survivor. She believes

she was not killed because the assailants thought she

was dead as the blood of her mother had splattered all over her.

The Commission is referred to the affidavit of Edith Hloadi wherein she states that she did not know the assailants but she thought they came from the Kwa-Madala Hostel because they had stated when questioning the family members and asking for money that, ''There was no food at the Kwa-Madala Hostel".

On the 19th April 1992, a member of Inkatha was attacked and killed outside the Lefeidi home. I am not aware who was responsible for this attack.

We are of the view that the Kwa-Madala Hostel is central to the reign of violence in the Vaal area. We request that the Commission inquire into the assertion made by Mr. X that the Hostel is organised and run as a military style camp from where violent "missions" are launched.

Myself and my colleagues at the S.A.C.C. believe that

the stops to be taken to prevent further violence is

the closure of the Kva-Nadala Hostel. We request that

the Commission inquire into the process and mechanism

for such a closure. Ke understand that the process

will require extensive discussions with the respective parties.

Ke also request the Commission to assist in ensuring that the perpetrators of the violence be charged and brought to trial. This is particularly urgent in relation to perpetrators who have been identified as having been involved repeatedly in attacks.

We also request the Commission to inquire into whether the police are empowered to conduct raids of the hostel on receipt of information regarding unlawful activities of residents of the hostel and to advise the police in relation thereto. Should the Commission find that in terms of current Legislation the police are not so empowered, we request that the Commission recommend to the State President that Legislation be passed empowering the police to conduct such raids of the hostels.

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39It is ay observation that since the massacre of theL-efeidi family, the Ipvpi rst •*-tne level of tension and anger hasrisen dramatically in the area.

I believe that residents of Sharpville, Sebokeng and

Boipatong have been looking to the CoMission (or aremedy for the end of the violence, since our initial reguest to the M i s s i o n in March „ 92. x an f.arfulthat any further delay win result in the loss of BOre lives.

CmTHUS DONE, SIGNED AND SWORN k *this the bW0RN to before me at

°ath binaihg on his cons?ien« 9 15 °ath and considers

COMMISSIONER OF OATHcT FULL NAMES :ADDRESS :

STATEMENT OF SANDILE.MVUN&E

I am 23 years old and reside at 743 Hlubi Street,

Boipatong. I am employed by the SAP as an assistant

constable. I joined in January 1991 and am stationed

at the Mobile Unit, Vereeniging.

On the night of the 17th June 1992 I was asleep in the dining room, when I was woken up by the sound of smashing windows. I thought it may be the comrades attacking my neighbour, Oupa, because he is a policeman.

Suddenly I heard the window of our dining room being smashed. I went and stood at the doorway of the dining room and heard one of them saying "Puma Comrade" (Come out comrade). While I was standing there, someone smashed another of the dining room windows. I heard one of them saying "lets get out of here fast" or words to that effect. There was a large group of Black men in the road outside carrying shiny objects that looked like weapons and wearing headbands.

Once the first group had moved on in a westerly direction, I saw another large group of men moving in the same direction and dressed and armed in a similar fashion. They were carrying tv sets and other objects.

While the second group was passing, I heard a scream from a house a little way up the street towards the west. I think it was the 4th house from ours. I saw a caspir slowly following the group of men. It looked as though it was escorting the attackers.

Sometime after the group and the caspir passed, some caspirs came and took down the addresses and names of people who had been killed.

Somebody came and told myself and Oupa, my neighbour and Sixteen, our lodger, who are both special constables that there was an Inkatha person hiding in House 773, Hlubi Street. Whilst still searching for this man, Oupa or Sixteen (I can't remember which of them) fired a warning shot to get the man to come out. Very soon thereafter a caspir arrived on the scene.

On their arrival, one of the policemen recognised Sixteen and called him. Sixteen went to the caspir. We heard them asking 16 what we were doing there. Sixteen explained that we heard a rumour that there was an Inkatha person there. They demanded we hand over the firearm to them, but 16 refused.

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These were white policemen, dressed in camouflage

uniform. Sixteen seemed to know a number of these

policemen. The caspir then moved along in a westerly

direction.

The following morning, ie the 18th June 1992, I got a report that 16 and Oupa had been picked up in a caspir with all their belongings and were taken away.

At the end of June we met up with 16 who told me that he had been told never to set foot in Boipatong again.

I think 16 has more information but he is very afraid to talk. He has told me that they have been promised houses of R50 000,00.

It appears that 16 is being kept in some sort of protective custody at the Powerville barracks. He says he is not even allowed to go to the shops.

Sixteen has been lodging at our house since the beginning of March. Oupa (Isaac Monyatso), who is our neighbour asked my mother if he could lodge with us.

- 4 -

15.

He gave his name as Jacob Mosia. He told us he comes

from Lesotho. He stays in a shack at the back of our

yard and was in the shack at the time of the attack. I

don't know what he saw of the attack.

I only want Judge Goldstone to see this statement

because I fear attacks from the police. I am also

scared I will lose my job and more importantly my life.

AFFIDAVIT

I, the undersigned,

SALLY ANN SEALFY

do hereby make oath and state that:

1 The facts herein contained are true and correct and are within my personal knowledge unless otherwise indicated expressly or by the context hereof.

I am adult sociologist employed as a senior researcher by the Independent Board of Inquiry ("The Board"). The Board is an independently funded organisation which was established in 1989. Over a period of time the responsibilities and concerns of the Board have changed. Today these responsibilities include the monitoring and research of violence in South Africa and the assistance of victims of violence in laying charges and bringing prosecutions against their aggressors.

On 16 April 1992, I was requested to prepare this affidavit by a group of lawyers who represent the African National

Page 2.

congress, Pretoria, Kitwatersrand and Vereeniging region ("ANC p m - ) ; the Civic Associations of the Southern Transvaal (“cast"), the Thokoza civic Association, Lawyers for Human Rights ("LHE") as well as lawyers acting on behalf of victims of violence perpetrated at Phola Park during the night of 8 April 1992 and the morning of 9 April 1992 and certain of their dependents ("the victims").

in September 1991 I was asked to assist in investigations of violence in the Thokoza area by lawyers acting on behalf of the Thokoza Civic Association, Cast, the family of the late Sam Ntuli, the Phola Park Residents Committee (as it was then constituted) and LHR. Aspects of my research and findings have assisted in the presentation of evidence before the Standing Commission of Inquiry into Public Violence and Intimidation ("the Commission").

Since graduating from the University of the Kitwatersrand in 1984, I have worked as a teacher, journalist and researcher. During the course of this work I have gained a measure of experience and expertise in interviewing people and taking statements. Much of my work for the Board has involved statement taking from victims of violence and research into the phenomenum of violence.

Page 3.

In the course of my work in Thokoza I have' developed a good working relationship with sections of the community and Civic leadership, as well as with members ' of the South African Police Force ("SAP") who are active in the area.

For the purposes of my work, I had arranged to meet Louis Sibeko, ("Sibeko") secretary of the Thokoza civic Association on 9 April 1992 at his home in Thokoza. When I arrived at his house at the arranged time of 09h30 he was not there. About five minutes later Simon Tsotetsi ("Tsotetsi"), an organiser for the ANC's PWV region, arrived at Sibeko's home. He told me -that all hell had broken loose in Phola Park" and that Sibeko was there to document what had happened and to assist the injured.

I then went to Phola Park with Tsotetsi in his (Tsotetsi•s) car.

During the drive to Phola Park, Tsotetsi told me that 32 Battalion "had gone on the rampage" in Phola Park and "at least 100 people" were injured. (I know 32 Battalion to be a unit of the South African Defence Force (SADF)

active in the area.) Tsotetsi informed me that he had arriVec -̂n Phola Park with Sibeko at about 07h00. They had decided to go to Phola Park in the morning having heard shooting during the course of the night coming from the direction of Phola Park.

9.1 When they arrived, they saw black soldiers assaultina an old man wearing the uniform of a security company. They tried to speak to the soldiers but were told to get back into their car "otherwise there would be trouble". Before they got back into their car, a white man who apparently worked at the nearby brickworks, arrived on the scene. The white man spoke to the soldiers who then stopped their assault, and left the scene. Tsotetsi and Sibeko then spoke to the old man who told them that he vas returning from work when he was attacked and that the soldiers had referred to him as “Mandela's policeman" because of the uniform that he wore.

9.2 Tsotetsi and Sibeko then began assisting the injured and gathering information about the events of the previous night and that morning.

9.3 Sibeko remained in Phola Park while Tsotetsi came to fetch me.

We arrived at Phola Park between lOhOO and I0hl5, through the advice office entrance, (northern side). We drove through Phola Park to the ANC local office, which is on the Eden Park side of Phola Park (southern side). While driving through Phola Park I noticed a small number of injured people with recent bandaging on their heads.

On reaching the ANC local office I observed the following:

11.1 At least 100 people were gathered there;

11.2 About 40 people had fresh bandages on their heads and/or arms;

11.3 Several people had black eyes and swollen faces;

11.4 A kombi type ambulance loading injured people;

11.5 Two SAP heavily armoured personnel carriers, which I refer to as casspirs; and

Page 6.

11.6 Sergeant Hennio Olivier ("Olivier") of the SAP Katlehong Riot Investigating Unit.

As I got out of the car, Olivier, who I have come to know while working in the area, came over to me. He was obviously concerned and upset about what had happened in Phola Park. We agreed to work together.

He indicated that it was an established policy between the SAP and the SADF that the SADF informed the SAP prior to any action in the area. It seemed to me at the time that the SAP had not been told of the SADF action that night. This was later confirmed at the meeting with the SADF referred to in paragraph 24 below.

I then saw Sibeko standing outside the ANC local office taking down particulars of the injured. There was a queue of injured in front of him. Sibeko told me that 32 Battalion had done all of this and he pointed to the injured people.

I left Sibeko and walked with Tsotetsi to the shack where he told me that a woman had been shot and raped. In the shack I noticed a lot of blood on the bedclothes and on a mattress on the floor. Tsotetsi indicated some holes in the corrugated iron walls of the shack which he told me were bullet holes.

We then went to another shack where the owner told me that his shack had been searched by the soldiers. I saw that the home had been ransacked and many of the items inside had been damaged. In particular I noticed broken crockery.

I then returned with Tsotetsi to the ANC local office where Sibeko was still busy taking down the particulars of the injured. He indicated a young woman to me and told me that *e had been raped and that I should try and get her to

hospital. Laura Pollecut ("Pollecut") and Aubrey Lekwane of IHR then arrived. Pollecut was particularly concerned that this woman was taken to hospital. Shortly thereafter a television crew arrived as well as members of the press.

Tsctetsi and I the>n took the woman to Natalspruit Hospital. She was very quiet in the car and we did not discuss what hac happened to her. On the way to the hospital I collected a JS8 form at Thokoza police station.

The woman was admitted to the hospital and Tsotetsi accompanied her to the casualty section. I remained in the reception area where I saw about 18 people who had already received treatment and for whom transport to Phola Park was being arranged by a nurse assistant. The overwhelming majority of these people had plaster casts on their limbs. In particular, I noticed :

19*1 one woman had both arms in plaster; andft

19.2 a man was wearing a support for a broken collar-bone.

At about 13h30 Tsotetsi returned and asked me to go back to Phola Park in his car to hand certain documents to Sibeko. On *y way out of the hospital grounds, the car was detained and searched by the SADF for about 30 minutes. inparticular, I wish to record that :

Faae 9.

20.1 At the entrance, a black soldier stepped into the pathof the moving car and pointed a rifle at me through the windscreen.

20.2 The car was then searched twice, certain of my particulars were taken; and

20.3 My passenger was body-searched.

I drove back to Phola Park and handed the documents to Sibeko. By that time he had completed the list of injured and had made an arrangement to start taking statements the following day, which was Friday, 10 April 1992.

On Friday, 10 April 1992 I arrived at the Phola Park advice office with Tsotetsi and Linda Molotsi ("Molotsi"), who also works for the Board, to take statements. We had called in two lawyers, Miranda Taylor (•Taylor") and Vusi Sithole ( Sithole"), from the firm Nicholls and Cambanis in Johannesburg to assist us. They joined us at Phola Park.

Page 10.

We set up a table outside the advice office. Molotsi, Sithole, Taylor and I took statements until about 14h30. We took about 8 statements and began to compile a list of injuries on that day. These statements form part of the bundle of documents annexed hereto.

By prior arrangement I attended a meeting at about 16h3 0 Ministry of Defence that had been arranged by the

ANC. Present at this meeting were Cyril Ramaphosa and Gill Marcus of the ANC national executive committee; Tokyo Sexwale, Barbara Hogan, Ronnie Mamoepa and Tsotetsi of the ANC FWV regional office; Sister Bernard Ncube and Father Peter Moerane of the South African Council of Churches, Sibeko, Sithole, Molotsi and I. The SADF delegation consisted of Minister of Defence, Roelf Meyer, Chief of the Army, General Meiring and General Kritzinger of the Witwatersrand Command.

24.1 I will not canvass everything that was discussed at this meeting in this affidavit, however I will refer to aspects of the meeting where it is relevant in the context of this document.

Page 11.

During the weekend of 11 and 12 April, further statements were taken by Sithole. These statements form part of the bundle of documents annexed hereto.

I was told by Sithole on the telephone on 13 April 1992 that while he was attending a meeting at Phola Park on 12 April 1992, which had been called to discuss aspects of the previous day's visit to Phola Park by the Minister of Defence, it was announced that a decomposed body had been found in a shack at Phola Park. Sithole was requested by the chairperson of the meeting to report the matter to the police.

On 13 April 1992, Sithole took further statements from Phola Park victims. These statements form part of the bundle of documents annexed hereto.

On 14 April 1992, Sithole, Taylor and I took further statements from victims in Phola Park. These statements form part of the bundle of documents annexed hereto.

I also took approximately 40 photographs of the victims and their injuries, which can be made a%railakle to the Commission.

It was agreed with the victims that we would accompany them to lay charges against the SADF at Thokoza Police Station the following day, 15 April 1992.

Early on the norning of 15 April 1992, I informed Olivier that the victims would be laying charges that day. He told me that he was the investigating officer and that he had opened three rape and two murder dockets. I then went to Phola Park where Sithole and I took a further 3 statements, which are in the possession of the police and accordingly do not form part of the bundle of documents annexed hereto.

At about 14h30 Sithole, Tsotetsi, Sibeko and I went with about 60 complainants to lay charges at the Thokoza Police Station. The following charges were laid :

32.1 Two murder charges;

Page 13.

32.2 Three ripe charges;

32.3 Forty-seven charges of assault with intent to do grievous bodily harm;

32.4 Four charges of malicious damage to property; and

32.5 Two charges of theft.

After returning to my office on 15 April 1992, I telephoned Olivier in response to an urgent message. He advised me that an identity parade was going to be held on Tuesday 21 April at the Thokoza Civic Centre in Khumalo Street. He asked me to try to ensure that all of the victims as well as eye-witnesses were present.

33.1 I attended this identification parade on 21 and 22 April 1992.

Insofar as it appropriate and possible for me to summarise the contents of the statements that I have either taken or read, as well as information that I have gleaned from other sources, I will now attempt to provide the Commission with

Page 14.

a version of the events that occurred from the night ofWednesday 8 April 1992 to the morning of Thursday 9 April1992 .

34.1 I will canvass some of the information which has specifically been provided by the SADF. Where I do so, I will attribute the source.

34.2 In order to afford a measure of privacy to the victims and my informants, I have not named them. If I am requested to do so by the Commission, I will make * names available on a confidential basis.

34.3 People who I spoke to were by and large only able to give me their individual perception of what happened that night. Where people heard their neighbours screaming and the soldiers shouting, many were too frightened to leave their shacks to see what was happening. Phola Park has no form of electric or street lighting. Most shacks have candle or paraffin lighting which is extinguished when people go to bed. Most people were in bed or asleep at the time that the incident began as it took place on a week night.

Page 15.

34.4 My colleagues and I have not completed taking statements. The exigencies of the situation were such that we concentrated on documenting and recording physical injuries, physical assaults and deaths. Much of what I was told is not included in the statements taken, which form part of the bundle annexed hereto, because of the pressures of time and the desire to lay the more serious charges expeditiously.

Between three and six SADF vehicles entered Phola Park at about 21h00 on 8 April 1992. Several residents heard the vehicles entering Phola Park, but were not concerned as it was "normal" for soldiers to enter the settlement at night. According to one of the eye-witnesses, the registration numbers of three of these vehicle were BBZ 209 M, BBW 064 M and BBV 642 M. One of the eye-witness stated that the vehicles rendezvoused on the football field at Phola Park (which is on the southern side of the settlement), before any of the incidents referred to herein began.

The SADF stated at the meeting referred to in paragraph 24 above that one or more of these vehicles was or were shot at by an unknown person or persons within Phola Park.

36.1 I was. also told at that meeting that a member of the SADF was apparently injured in this shooting.

None of the persons from whom we have taken statements or whom we have interviewed heard gunfire on that evening prior to the arrival of the SADF in Phola Park.

According to what the SADF told us at the meeting referred to in paragraph 24 above, the SADF returned fire in the general direction of the shooting referred to above. Many Phola Park residents have shown me bullet-holes in the walls of their shacks, which they told me were made on that night. These are not concentrated in one particular section of Phola Park, but are to be found throughout the whole settlement. I have also been given cartridges which I have been told were from that night.

According to the statements that I have taken, it appears that the SADF then embarked on a house-to-house search either for weapons and/or for the person or persons who had allegedly shot at them. This was conducted mainly by black

Page 17.

soldiers who were wearing "browns" and who spoke mainly Fanagalo and Portuguese. Some white soldiers were present. In some cases soldiers intervened to prevent a recurrence of some of the excesses which I will refer to below.

According to the statements, the assaults and other incidents referred to below commenced at about 21h00 on the 8 April 1992 and ended at about 07h00 on 9 April 1992.

The format of the SADF activities in the area was as follows:

41.1 Between 3 and 6 soldiers would bang on the door of a shack shouting *Vula, vula" ("Open, open"). They would usually kick the door in before any of the occupants of the shack could respond. In one instance where a man attempted to open the door, it was kicked in on top of him before he was able to do so.

41.2 In some instances, a volley of shots were fired into the shack before the soldiers entered.

Page 18.

41.3 If the soldiers found women alone in a shack, they would demand to know where the men were.

41.4 In almost all cases they would shout "where are the guns".

41.5 They then proceeded to assault the occupants of the shacks, in many cases without conducting any search for weapons, in one or more of the following manners:

41.5.1 by hitting them with rifle-butts on the head, as the victim attempted to protect him or herself with his or her arms, he or she would then be hit on the forearm with the said rifle-butt;

41.5.2 by beating victims on the head, chest, back and upper arms with sjamboks, bats, iron pipes, pick-handles and sticks, in a few cases a cable, a broom-stick, planks of wood and a panga were used to assault people;

41.5.2.1 some victims were beaten unconscious; and

Page 19.

41.5.2.2 one male victim only regained consciousness in the hospital;

41.5.3 in one particular instance, a woman received severe b u m s to her back after being beaten with a unknown object;

41.5.4 by shooting people. I know of four instances of shooting;

41.5.5 by kicking people about their person, in particular on their head. I know of one victim who lost a number of his teeth following such an assault;

41.5.6 many of the soldiers were carrying torches with which they would momentarily blind the residents making subsequent identification of the soldiers difficult.

About six victims reported that soldiers intervened in assaults. In four cases, white soldiers prevented further assault.

Page 20.

42.1 For example, an old woman said that while she was being kicked by black soldiers, she noticed a white soldier approach the group who then told them in Afrikaans that she appeared old and they should not kill her. The soldiers left her after this intervention and proceeded towards other shacks.

42.2 In another case, a male resident was assaulted with steel-pipes, sjamboks and rifle-butts in the presence of a white soldier. After a few minutes, he pleaded with his black colleagues to stop.

42.3 In at least two incidents, the assaults were halted by black soldiers. in one case a black soldier physically pulled the soldiers who were assaulting a woman out of the shack and shouted at them.

Some residents reported being assaulted twice by different groups of soldiers.

Several residents reported that the "screaming and shooting” continued all night.

Between 05h00 and 07h00 on 9 April 1992 some residents left their shacks to go to work or to escape the settlement. Many of these residents were chased and assaulted by soldiers who were still in Phola Park.

Most of the victims of physical assault were verbally abused by the soldiers. The women who were raped and molested reported the most graphic and brutal verbal abuse.

According to statements, four women were raped (one of whom died) and a large number of women were indecently assaulted. Being candid to the Commission, I am of the view that more women were raped on the night in question but are, for one reason or another, afraid or unwilling to come forward. All the rapes were perpetrated by soldiers at gunpoint and were accompanied by assaults and foul language. In most cases, the rape was proceeded by a soldier pointing a firearm at the victim's private parts. In a particular case, two women from the same family who live in the same shack were raped in front of a young child by the same group of soldiers. In another case, an old woman was dragged out of the shack while her young daughter was raped.

Page 22.

Thus far, three women have reported indecent assault. In one instance, after soldiers had taken her boyfriend outside, a soldier tried to force a woman's legs open while she was sitting. When she started to cry, another soldier entered the shack and told the first soldier to stop. He did so. In another case a pregnant woman was molested.

Two people were murdered.

49.1 In one case, a women died after having been shot and raped. She and her husband heard shooting and decided to put their mattress on the floor to be safer. As they were preparing to sleep on the floor, a volley of shots was fired at the shack, hitting both of them in the legs. Both the woman's legs were fractured and were only held together by flesh. Her husband was shot in the shins. Soldiers entered the shack, assaulted him, dragged him out of the shack and left him there. According to the husband, the soldiers then remained in the shack for a long time while he remained outside. He then saw the soldiers leaving the shack. When he entered the shack, he was told by his wife that the soldiers had raped her. Her underpants had been removed. She died from loss of blood at dawn.

Page 23.

4S.2 The second victim was shot in the chest. I have been told that he was washing at the time. His body was only discovered on 12 April 1992 (see paragraph 26).

At least four vehicles belonging to Phola Park residents were damaged by soldiers. In most cases the windscreens and windows were smashed and in one case a bullet-hole was found in the left front door.

50.1 In one instance, a taxi-driver returning from dropping his passengers at work was stopped at the Advice Office entrance to Phola Park by soldiers at about 22h3 0. He was beaten about the head and arms and his windscreen was smashed by the soldiers.

50.2 In a second incident, the windscreen and back and right back windows of a vehicle were smashed by soldiers.

^ anticipate that further evidence of malicious damage to property and theft will arise. I have already collected evidence of the following nature in respect of malicious damage to property:

Page 24.

51.1 many shack windows were smashed;

51.2 many doors were broken;

51.3 many locks were shot or ripped off the doors;

51.4 corrugated iron sheets were wrenched off the frames of many shacks;

51.5 there are numerous bullet holes in the sides and roofs of shacks;

51.6 furniture was overturned and damaged;

51.7 a radio was damaged; and -

51.8 in one case the kitchen cupboard was pulled off the wall and the contents smashed.

Several cases of theft have been reported to date. In two cases, money was stolen (R60,00 and R300,00). A watch and a tape-recorder have also been reported as having been taken by the soldiers.

Page 25.

53 Some residents reported having been asked if they knew who had shot at the soldiers.

54 A number of victims reported that during the course of assault, soldiers made comments which were derisive and derogatory of the ANC and its leadership.

55 At the meeting referred to in paragraph 24 above, we were informed that the SADF found two firearms in Phola Park during the course of the night of 8 April 1992. This meeting was not told of any arrests. In the course of taking statements I have not been informed of any arrests having been made by soldiers during that night nor of any firearms having been taken or seized by the soldiers.

DEPONENTTHUS SIGNED and sworn to before me at JOHANNESBURG on this the

day of 1992 by the Deponent, sheacJcn.ow^ed9ed that she knows and understands the contents

° , affidavit, has no objection to taking the prescribed oath ana considers same to be binding on her conscience.

Commissioner of Oaths

Collection Number: AK2672 Goldstone Commission BOIPATONG ENQUIRY Records 1990-1999 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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