KRUGERSDORP RESIDENTS' ORGANISATION

Transcription

1 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANISATION DIKEME JOSHUA MAGOTLA BETHUEL MONGWAKETSI JACOB SAFATSA SAMSON MAHATANE KATAKA First Applicant Second Applicant Third Applicant Fourth APPlicant Fifth Applicant and THE MINISTER OF LAW AND ORDER THE DIVISIONAL COMMISSIONER OF POLICE. WEST RAND THE MINISTER OF DEFENCE First Respondent Second Respondent Third Respondent I H D E X Number Document Marked Page nmrber 1 Notice of Motion 2 Poinding affidavit of DIKEME JOSHUA MAKGOTLHO Constitution - Organisation Kagiso Residents Affidavit of The Reverend Mr BETHUEL MONGWAKETSI Affidavit of The Reverend Mr JACOB SEFATSE

2 Page 2 Affidavit of The Reverend Mr SAMSON KATAKA Index of Police and Defence Force conduct inder headings set out ^ paragraph 22.5 of the Founding Affidvit D Affidavits of the following persons: Al AUBREY MPOPETE A2 FRANCINA MDLANE a 3 CHRISTOPHER MOTSCMOTSO ^4 HARRIS RAMAPOA a5 JOHANNA MOKCWE a6 MARCUS MATSAFU a7 ELIZABETH MOLEFE DAVID KDPELA a9 MARIAN SENARE AlO HICKSON WALTERS ^ All EDWIN MOTSCWAYE a12 DAVIS EUTI KDTSI a13 ABRAHAM KOUNOU A14 MARIA LEHODI a 15 TERENCE NAWANE A16 JOHANNES DINTSIE MORRE ^17 BERTHA MORARE a18 MSABEUE OOODSON MABASA A]_9 JOHANNES ZOKANI Al9a CORNELIUS ZOKANI a21 STANLEY THAGE a22 CONSTANCE WILLIAMS a23 AMOS MOLETE JOHANNES MOSALA MAGODIELO A24 A24a VICTOR MBUTHI MOMOGALE A25 TITUS MDTSHABA a26 ALOYS SEFORO A27 JACOB ZULU A28 PHILLIP MABINA ^ 9 LAURENCE NANNE ^ 0 PULE TSHOLETSANE STELA MORAKELE A32 JOHANNES SETHUNYA ^33 ZINILE SONGILWA ^ 4 ELIZABETH MOLEFE * 3 5 SIMON PILANE A36 EUGENE MALEBO a37 SOLCMON MASALA A30 JOHANNES KOPELA ^ 9 SOLOMON MATLHASE A40 ERNEST DICKSON A41 LAURENCE MDLATLHEGI OTZOKOA a42 BERNARD NCUBE A4 3 BONGANI DLAMINI *

3 Page 3 PHYLLIS INTOBIKAYISE XHALI SAMSCN MAHATANE KATAKA LAZARUS LAI NZWANE TABANG GRAHAM MOTATENYANE EDWIN MSIBI SELBY MAKGOPANYANE LOUISA WILLIAMS JOAS KOBOYANKGWE BERTHA LANGA MARIA MEISIE SELUGILWE DOROTHY GCMEDE BOITUMELO CECILIA RABORIFI ALFRED KERAPETSI NYAMANE SIDWELL NKGABA IRENE MATSAFU BUSHY KELOBONYE BETHUNE TLOU CHARLOTTE MAAKE B F NOBELA IRENE MOTSOAHAE SOPHIA RATLCXJ NERIAH KELOBONYE DORCAS DIKANA LYDIA KGOSINKWE THEM BILE DAVID KHOKHO FRANCINA SEGNE MAWETU MALO JIMMY MAGOTSI SEDUMEDI MARTHA MAKOBA JEANETTE MATSHABA THEDDORAH MARUBANE MAPULA MARIA LETSHABA DOROTHY SOUZAN-*. ROOS MORUAKGCNO MAGGIE MARIBE CHARLES McKENNA JAMES MATCH E ISRAEL SEBETWANE SIMON PHEHELO RAMAFIKENG WILLIAM MAISHA THOMI KAISER MADINI ALEX MHLANGU MULITAH PHOOFOLO REV. MOLEFI JOSIAH MAAKE LEONARD SEOPOSENGWE COLIN BOOYSENS KENNETH KGOATHISI AARCN SESINYI BOY HERMAN BOGOPANE JOAS RAGULE DAVID KEKANE SOLLY KGCMONGOE DAVID RADEBE A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A82a 458 A A A A A A87a 485 A A A A A A A A A97 524

4 Page 4 JOHANNES LETHOBA JOHANNES BHEKIFA KHUMALO CHRISTENE O0OTSENG REGINA MCTHUBUKGANG STANLEY MOJA SOLAO JOEL MAHUMA RICHARD SPOOR DIEDERIK SELEKE EDWARD KGOTAANG FENY MOLEFE VITOS MASERO HERMIENA MHLANGA MAYVIS MDLOKWANE NTAMBIYCMSA GODFREY DANISA RICHARD SPOOR SHELLIVA LERONE ITLMELENG ABRAM LEKONE SUSAN MAHLANGU A A AIOO 532 A AI Al02a 545 A A104 A A A A A A Alll 576 A A A

5 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: XRUGERSDOR? RESIDENTS' ORGANISATION First Applicant DIKEME JOSHUA MAGOTLA Second Applican t 5ETKUEL MONGWAKETSI Third Applican t JACOB SAFATSA Fourth Applicant SAMSON MAHATANE KATAKA Fifth Applicant and THE MINISTER CF LAW AND ORDER T? «Z -s- oncep.z RCLICE, WEST RAND THE MINISTER OF DEFENCE S e c z r.d R~ S C C T.C r T:Z Th-ira Re see near.: A F F I D A V I T I, che undersigned, TERENCE NAWANE do hereby make cach and say: 1 I am a 41 year old male and reside a: 802 Mangope Street, Munsievxlle.

6 page The facts contained herein are within my personal knowledge, and are true and cor- rec t. On aoout the ICth January 1936, I was in the Backyard of a house belonging to a MR LSHODI when I saw a nuraoer oc policemen coining towards me. One of the policemen asked me: "Wat soek jv hier, whereafter the said policemen started checns all over my occy and head, as a result of which I fell to the ground. Cnee on the grcund I was hit with rifle cutts, kicked and tramced on. The said policemen thereafter left and a ^s ** -nan a zee to cet inuo tne said house. Shortly afterwards a tearcas inside- the house and I and pants suffered greatly as a One of the occupants was She cannister landed the other occuresult thereof, daughter of said M= LEHCCI, :!APIA.

7 0 0 0 I54page 7 I was in great agony as a result of the said assault and the next morning was taken by taxi to the Leratong Hospital. I was; however/ only admitted on the Monday after being sent by my then employers/ on seeing my ccnd i tion. 5 I remained in hospital for a few days. I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT ON THIS DAY OF FEBRUARY 1936 THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1253 OF 21ST JULY 1972 AND R1643 OF 19 AUGUST 1977 HAVING 3EEN COMPLIED WITH. COMMISSIONER OF OATHS

8 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANISATION DIKEME JOSHUA MAGOTLA 3ETHUEL MONGWAKETSI JACQ3 SAFATSA SAMSON MAHATANE KATAKA First Applicant Second Applicant Third Applicant Fourth Applicant Fifth Ap pi icant and First?.eipendant THE DIVISIONAL COMMISSIONER OF POLICE/ WEST RAMS THE MINISTER OF DEFENCE Second Respondent Third Respondent A F F I D A V I T I, the undersigned, JOHANNES DINTSIE MORARE herebv trake oath and s 12 1 a a ' M i ' I am an adult male residing -at 29*5 ilmz ingv^jfj^ Street/ Hunsievii. lls- ^ 0 ^

9 Page The facts contained herein are within my personal knowledge and are both true and correc t. On Wednesday the 15th January 1936 I returned home from work at about 6pm. armoured vehicles/ a landrover, and saw two a grey van and a -ord Sierra, all evidently police vehicles parked outside my mother's home. across sv vcuncar sister and askec ~er what the police were doing outside my mother's house. She told me that the police had been searching the house. I crcceeiec to enter the house through the backdoor, as is normally my habit and saw that the kitchen furniture was in disarray-..,- I had hardlv entered the kitchen when two colicemen, one white men and one coloured man in olain clothes also entered the.<itc

10 000! en Pa< As I had not seen them on my way to the kitchen I can only assume that they must have appraoched the kitchen from the other side. The white policeman said to me and my sister, who had entered the kitchen with me, that they had seen a reference book in one of the bedrooms. My said sister immediately went into the main part of the house and shortly returned with a reference book which she handed to the said white policeman- he locked at it and asked whose reference bcok it was, to which I replied that it belongs to mv deceased brother. He then handed the reference book back to my said sister. The same memoer then asked me if I resicec in the house to which I replied in the afiirma tive. He proceeded to ask me for my reference book which my sister went to fetch from the outside room in which I sleep. On her return she handed it to the said member who looked ac it and then handed it back to my said sister.

11 Page 4 He then asked us if we had seen anybody arrive with a suitcase at the house that day to which I replied that I had not been at home as I had been at work.. 12 The two policemen then left the house and we followed them to the front of the house. 13 There I noticed a policeman sitting in the said landrover talking on the radio ar.d within about a minute or two I saw a Toyota plain cloches. 14 The col iceman who had just arrived in cne Toyota Cressida get out of the said vehicle and after he had done so I heard the policeman sitting in the landrover talking on the radio shout tc the sail memcer that just arrived, through the window oz the saio landrover, that he had discovered a house witix-a similar number to this one. 15 I can only conclude that he must have been referring to my mother's house when he s gj "this one"

12 Page 5 io After that all the vehicles that had been parked in front of my mother's house, departed. I thereafter again went inside the house, this time by the front door, which was open and saw that the bedroom door of my brother's room was cracked and the lock broken. io Although I did not co into the room I could see through tha doer which was partially open that bcxss which were normally on too o: his wardrobe were on his bed _as well as clothes which are normally in his drawers and ware roce. 19 i walked dewn the passage and went into the dining room which leads off to the left from the passage and also found the furniture in the diningroom in total disarray. Thereafter I went through the kitchen to my mother's bedroom, which leads off from the kitchen and tounc all he: clothes lying on her bed and the drawers and wardrobe open and empty. The drawers which fitted into cabinets connec &

13 Page 6 Co my mother's headboard were lying on the ground. 20 AfCer my brocher arrived chac evening/ ic was discovered chat chree kicchen knives and a clock he normally keeps in his bedroom were no longer in Che house. I can only conclude c ha c chese icems muse have been removed by che persons who had searched our house. 21 Mv said siscer cold me aftervarcs chat members cf first r a spender, c had e n terse ne house without knocking while she was inside, with weapons in their hands and that upon seeing them, she had run out ot tne hcuse. In this regard I respectfully rater tne Honourable Court to che affidavit of SERTSA MORARE, attached hereto and marked annexure - "A17". 22 It was quite apparent that no search warrant was shown to anybody and chac my mccher s house was encered illegally by Che saic members and propercy damaged maliciously by them withouc any apparenc reason anc from che

14 Page 7 conversation I overheard it appears that they have unlawfully searched the wrong house. CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED AMANOA CHOHM %500

15 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDOR? RESIDENTS ORGANISATION First Ap piicant DIKEME JOSHUA MAGOTLA Second Ap pi icant 3ETHUEL MONGWAKETSI Third Ap piicant JACOB SAcATSA Fourth Ap piicant SAMSON MAHATANE KATAKA Fifth Ap piicant and THE MINISTER OF LAW AND ORDER First Respondent M A1 COMMISSIONER CF rlhie, WEST RAND Secone Re sconce.-.: THE MINISTER OF DEFENCE Third Re spondent A F F I D A V I T I, che undersigned, 3ERTHA MORARE hereby make oath and say that: 7 r ^ ^ S 2 V 2 f* ^ 2 S u y c d IT G i G o v. U G 11 w r presently in Std 5, and reside with my mother at 296 Umzingwane Street, MUnsieville.

16 ?ase 2 The facts contained herein are within my personal knowledge and are both true and correct. I have read the affidavit of my brother JOHANNES DIMTSE MORARE and confirm the contents thereof as far as any reference is made to me. I further confirm that I hac seen what I told 3iv brother I had seen. DEPCNENT I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT THI5 il DA* 0F?S3RrjAR THE REGULATIONS CONTAINED IN GOVERNMENT MCTICE NO. RI258 OF 21ST JULY 1972 AND R1643 OF 19 AUGUST 1977 HAVSSG SEEN COMPLIED WITH. COMMISSIONER OF OATHS A M A N O A C H O R N 2SCO Santam sam njm 2 1 Q J a c c a 3 (r»9 t J o n a n n a a o u n j 2C0t C o m m is sio n e r z t 0 a f" 3 Et-OM c:o/ Pracrtainq irj-.-nev 3.3.A.

17 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAMD LOCAL DIVISION) <= UG-?SDOR? RESIDENTS' ORGANISATION Fi rst Applicant DIKEME JOSHUA MAGOTLA Second Applicant 3ETHUE1 MCSGWAXETSZ Third Applican t JACC3 SAFATSA Fourth Applican t SAMSON MAHATAME KATAKA Fi f th Applicant THE DIVISIONAL CCMMISSICMER OF Sscorrd Rrsoondent THE MINISTER DEFENCE Third Respondent A F F I D A V I T I, trie undersigned/ MS A3 EM E GCCDS 5N MA3ASA co heredv make cath and say: male ordinarily resi iden t 7 Ncrmanici Street/ Kagiso 2. V, r r ' M K V*

18 Page 2 The facts herein contained are both true and correct and are within my personal knowledge. I am Chairman of the Saciso East Residents' Committee. The committee was formed in i932 with the aim of liaising with the relevant authorities on behalf of those Tsonga speaking parents and pupils in the district. The district comprises mainly Tscnga-speakmg persons and oeing a Tscnga myself I have been interested in establishing a school ana more particularly a Std 7 class for Tsor.ga pupils in Saciso. On the 15th January 1986 I convened a meeting at the Kagiso Senior Secondary School. At this meeting I intended to discuss the import of two letters relating to the establishment of a school for the Tsonga community. The first was a letter from the Circuit Inspector of the Department of Education and Training in Krugersdorp to myself dated 13 Cecember 1985 enclosing a letter for my attention.

19 Page 3 The second letter dated 26 November 1986 was written on behalf of the Kagiso Town Council to the Circuit Inspector explaining that a site was to be found and rezoned for the establishment of a Primary School. The meeting was convened with the knowledge and permission of the Heac Master o: the Kagiso Senior Secondary School and his staff. It was attended by approximately 3CG-5CC peo pie. At accroximately 5.20 cm. I ca_lec cne tneecinc to order and was 3 :~ "~ when two ic5 7 snic 15 3 i.ti ws3 announced frcm a loudspeaker mounted upon cne vehicle that the meeting was illega and i_rrau. C.e meeting was given three minutes to disperse. After I heard the announcement I lett the hall and- went out sice to tal.< to the police. I went up to a police vehicle, a Chevrolet van, and spoke to the three occupants. - explained that the meeting had been convened s imoiv to discuss the twc aforementioned letters \

20 Page 4 They replied that the Mayor of the township, MR MAKETSI was not aware of the meeting and that therefore the meeting was illegal. They also said that I was talking "kak" when I tried to explain my position further. I asked them to explain to the meeting the reason for declaring it illegal, but they refused to do so. I returned to the meeting and before I had had t iae tc ex-iai-*'. to the meeting why they should disperse a teargas cannister was thrown into the middle of the crowd. Pandemonium ensued. Eve'ryo'ocy attempted to get out of the meeting area at the same time. Xjfa teargas was tired into the school yard where the meeting was held and as persons ran out of the school premises they were followed by teargas cannisters. Many oeoole were injured in the rush._ I mvself took five people to the Leratong hos- 3i~al for treatment. Afterwards persons came to me anc said that they had lost their personal belongings in the chaos: shoes, watches, personal jewellery and spectacles. y - "7\fj c

21 Page 5 12 I have held meetings for the past seven years at the School. Each time I asked only the permission of the Headmaster. I was never told that my meetings were illegal nor that I needed the permission of the Mayor to hold one. I was not informed, until the police arrived/ that the meeting was illegal. The police showed me no document which stated that the meeting was illegal. I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R125 3 OF 21ST JULY 1572 AMD R1543 OF 19 AUGUST 1977 HAVING BEEN COMPLIED WITH. COMMISSIONER OF OATHS M FICNA CRAC3 VIcLACHLAN O M M 'S iic N E S CP CAT'r-S a>c*is..nc /» CRNEV *C'A vsc:c.4u RTS IC f=s* i ic^nnesol'sc S? U 8u C CP S C U ~ - am -.CA

22 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDCR? RESIDENTS' ORGANISATION First Applicant DIKEME JOSHUA MAGOTLA Second Applicant SETHUEL M0NGWAKET3I Third Applicant JACOB 5AFATSA Fo ur th Applican t SAMSON MAHATANE KATAKA Fifth Applicant and THE MINISTER OF LAW AND ORDER First Respondent THE DIVISIONAL COMMISSIONER Oc POLICE, WEST RAND Second Respondent THE MINISTER OF DEFENCE Thi rd Re s conden t A F F I D A V I T JO5ANNES ZCKANI ic - maxa a.iu oa v I am an adui t male, residing at 2865 Drive, Sagisc 2.

23 Page 2 The facts herein contained are both true and correct and within my personal knowledge. At about 13h00 on 15 January 1936, I attended a meeting held at Kagiso Senior Secondary School. The meeting was to be addressed by MR MABASA, and was to be a report-back on the establishment of a new Tsonga School. At the meeting, there were some 300 people (mostly adults) seated in a grassed area between the classroom buildings. When I arrived at the meeting I rounc a Chev vehicle and some landrovers driven by a number of white policemen. As I appraocnea the grass area I heard an announcement being made over a public address system, to the eizect that the meeting was an illegal gathering and that the people had three minutes within which to disperse. He fora the three minutes had exaosea, some two or three teargas cannisters were tired over the classroom roof into the grassed where the people were gathered.. v. / K " :

24 Page 6 Together with others, I fled the teargas. I heard shots being fired. 7 I returned home. Some time later, my son, CORNELIUS ZOKANI, was brought home by a citizen. He had numerous shotgun pellets in his left leg. On 17 January 1986/ my son was admitted to the Hillbrow Hospital. On 31 January 1985, we was discharged. He is still unable to walk and requires physiotherapy. ~*T t. 1/ ^ '4-nr? DEPONENT I HERE32 CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT ON THIS to''" DAST OF FS3RUAR'! 1986 TEE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF 21ST JCL AND R154S OF 19 AUGUST 1977 HAVING 3EEN COMPLIED WITH. COMMISSIONER OF OATHS FIONA CRAC5 MeLACHLAf- C O M M I S S I O N S * O P O A T H S PRACTISING ATTORNEY 7 0! A V le D lc A L A R T S E.a o S T R E r T. IC H A N N E 3 3 U R C R E P U B L IC C F S O U T H a F R i C a

25 Collection Number: AK2145 KRUGERSDORP RESIDENTS ORGANISATION AND 4 OTHERS v. THE MINISTER OF LAW AND ORDER AND 2 OTHERS 1986 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg 2012 LEGAL NOTICES: Copyright Notice: All materials on the Historical Papers website are protected by South African copyright law and may not be reproduced, distributed, transmitted, displayed, or otherwise published in any format, without the prior written permission of the copyright owner. Disclaimer and Terms of Use: Provided that you maintain all copyright and other notices contained therein, you may download material (one machine readable copy and one print copy per page) for your personal and/or educational non-commercial use only. People using these records relating to the archives of Historical Papers, The Library, University of the Witwatersrand, Johannesburg, are reminded that such records sometimes contain material which is uncorroborated, inaccurate, distorted or untrue. While these digital records are true facsimiles of the collection records and the information contained herein is obtained from sources believed to be accurate and reliable, Historical Papers, University of the Witwatersrand has not independently verified their content. Consequently, the University is not responsible for any errors or omissions and excludes any and all liability for any errors in or omissions from the information on the website or any related information on third party websites accessible from this website. This document is part of a private collection deposited with Historical Papers at The University of the Witwatersrand by the Church of the Province of South Africa.