P, lie IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between:

Size: px

Start display at page:

Download "P, lie IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between:"

Madlyn Goodwin
5 years ago
Views:

0 0 0 6 2 8 P, lie IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANISATION DIKEME JOSHUA MAGOTLA BETHUEL MONGWAKETSI JACOB

1 P, lie 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 THc. MINISTER OF LAW AND ORDER THE DIVISIONAL COMMISSIONER OF POLICE, WEST RAND THE MINISTER OF DEFENCE First Respondent Second Respondent Third Respondent A F F I D A V I T 1/ the undersigned, SIMON MOLOTSI do hereby take oath and say: 1 I am an adult male ordinarily resident at 4381 Modimosene Street, Kagiso 2.

2 00062$age 2 The facts herein contained are both true and correct and within my personal knowledge. I am employed as a driver by MR SIMON MOTSABI, the owner of the Phenyo Cafe which is situated in Kagisc. On Saturday 15 February 1986 at approximately 9.30 am. I was driving a delivery van belonging to the said MR MOTSABI in Commissioner Street, Krugersdcrp. On my way out of Krugersdorp towards Kagiso, but while still in Commissioner Street, I was stoppl cj'~_by policemen who were mounted in an armoured vehicle. One of these policemen, a non-commissioned officer, came up to me and asked me about a poster which he said was stuck to the back of my truck. I was shown a poster upon which appeared the face of MRS WINNIE MANDELA and the words "Stop harassing our mother" and also the words "Winnie Nomzamo Mandela". I denied all knowledge of this poster. I denied that I was responsible for affixing it

000630 Page 3 to the back of the truck/ or indeed of ever having seen it.

3 Page 3 to the back of the truck/ or indeed of ever having seen it. I explained to the policeman that at my stops in Krugersdorp I had not had cause to open the back doors of my truck and therefore had had no opportunity of observing the posters. My explanation was not satisfactory for the policeman and he detailed two other policemen to join me in the cab of the truck and ordered me to follow his vehicle to the Krugersdorp police station. This I did. 6 When we arrived at the Krugersdorp police station I was ordered to park the truck there and to - actrotnp-any- the group of policemen who had been mounted on the armoured vehicle to an upstairs room. When we reached a certain room in the Krugersdorp police station a policeman from our group went inside an office and spoke to another man. This other man, dressed in plain clothes came out of the office and grabbed me by the front of my shirt and pulled me towards him asking me where I had obtained the poster. I again replied that I had no knowledge of the poster and stated that if I had had knowledge of the

0006 3j3age 4 poster I would certainly not have allowed it to remain on the back of my van when I came into Krugersdorp. This answer also failed to satisfy the policemen present.

4 0006 3j3age 4 poster I would certainly not have allowed it to remain on the back of my van when I came into Krugersdorp. This answer also failed to satisfy the policemen present. I was then taken downstairs again, was ordered to mount the armoured vehicle and was driven to a police depot situated in Chamdor. 7 Upon my arrival in Chamdor I was confronted by a white policeman who I do not know, but who I would be able to recognise. The policeman who had travelled with me on the armoured vehicle explained to this policeman that they had found a poster on the back of my truck. The policeman who had confronted me then asked if the person pictured on the poster was a member of my family, my mother or my aunt. I replied in the negative and again explained that I had.no knowledge of this poster and had seen it only for the first time when it was shown to me by the policemen in Commissioner Street, Krugersdorp. Again my answer failed to satisfy the said policeman who slapped me approximately /-> /r four time on my face. He then said to me 1 1,1 <.I

000632 Page that I must repeat the following words aloud to him: "Ek is 'n swart poes". Because I was afraid that the policeman would assault me further I said the words quoted above.

5 Page that I must repeat the following words aloud to him: "Ek is 'n swart poes". Because I was afraid that the policeman would assault me further I said the words quoted above. The policeman then brought forward the poster and ordered me to eat the poster with the following words: "Vreet jou fokken papier". Again because I feared assault from the said policeman I ate a piece of the poster. The rest I was ordered to throw away. The policeman then took out a knife, unfolded the blade, and said to me: " Ek gaan jou ballas afsny". I was tnen ordered into a police van and the same policeman who had forced me to eat the poster drove me to Kagiso 2 where he dropped me some distance from the supermarket where I was working..u. u - 'r y DEPONENT I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

$GOVERNMENT NOTICE NO. R1258 OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COMPLIED WITH. i'jj V1, \ Vi t-r.$

6 Page AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT ON THIS / y DAY OF FEBRUARY 1986 THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COMPLIED WITH. i'jj V1, \ Vi t-r. COMMISSIONER OF OATHS

000 6^3 jj/o IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANIS >ATION DIKEME JOSHUA MAGOTLA BETHUEL MONGWAKETSI JACOB SAFATSA

7 000 6^3 jj/o IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANIS >ATION 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 A F F I D A V I T I, the undersigned/ EDMUND MZWAMADODA MKIZE do hereby take oath and say: 1 I am an adult male ordinarily resident at 6718 Kagiso 2.

000635 Page 2 2 The facts herein contained are both true and correct and within my personal knowledge. 3 On Friday 14 February 1986 and at approximately 11.45 am.

8 Page 2 2 The facts herein contained are both true and correct and within my personal knowledge. 3 On Friday 14 February 1986 and at approximately am. I was in the vicinity of the Sonap Garage situated in Kagiso Avenue. I was on my way to the house of MR MFONI DLAMINI. At the Sonap Garage I asked KHATA- ZILE DLAMINI, the daughter of MR MFONI DLAMINI where her father was. She informed me that her father was at home. 4 While I was at the garage I noticed that a large group of people had congregated at the garage and generally at the intersection between Kagiso Avenue and Sebenzisa Street. It appeared that the attention had been caught by a burning van some 100 or 200 metres away in Kagiso Avenue, beyond Batswana Street. Before I had moved from the garage the crowd was disturbed by the appearance of two riot vehicles driving down Kagiso Avenue in their direction. 5 The crowd began to disperse and run in all directions. Just then a white police van f f l l # ) y

000636 Page 3 came out of Sebenzisa Street and turned into Kagiso Avenue. The van pulled up almost opposite the garage.

9 Page 3 came out of Sebenzisa Street and turned into Kagiso Avenue. The van pulled up almost opposite the garage. One white policeman, dressed in riot uniform, got out of the police van carrying with him a long barrelled gun. The gun appeared to me to be an automatic rifle. The man standing beside t'he motor vehicle fired two shots in a westerly direction, that is in the opposite direction to the garage, then one shot down Kagiso Avenue in a southerly direction. He then turned to face the garage and the runnng crowd. He fired two shots in the direction of the- garage. I did not see where the first bullet hit, but the second I saw ricochet off the pavement alongside Sebenzisa Street. 6 At the sound of the shots I had remained where I was and when the shooting had stopped I heard from persons in the crowd at the garage that a child had been shot. I discovered that the child had managed to get away to a nearby house and I decided to follow in case I could render some assistance. 7 I entered a nearby house and discovered that a child had indeed been shot. I identified t S? / r?

000637 Page the child as being KHATAZILE DLAMINI, the to whom I had spoken only moments before.

10 Page the child as being KHATAZILE DLAMINI, the to whom I had spoken only moments before. I investigated her wounds and saw that the bullet had entered her left arm high up near the shoulder and had exited, leaving a large hole from her chest just below the collar bone. She was in great pain and was crying incessantly. I went outside again in order to organise transport to take the child to hospital. There I encountered MR SIPHO THUNZI who assisted me in finding transport for the wounded child. We hailed a taxi and ensured that the child was taken to the Leratong Hospital. DEPONENT 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 ) U ON THIS Q - b DAY OF FEBRUARY 1986 THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258

$/ j w f COMMISSIONER OF OATHS " " 3 ^. {^ y & s W \& \ V W \ v e i ^ c U - ^ o W ^ f V o.$

11 Page 5 OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COMPLIED WITH. / j w f COMMISSIONER OF OATHS " " 3 ^. {^ y & s W \& \ V W \ v e i ^ c U - ^ o W ^ f V o. c <

Q ' 2 / IN THE SUPREME COURT OF SOUTH AFRICA 000639 (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANISATION First Appl icant DIKEME JOSHUA MAGOTLA Second Appl icant

12 Q ' 2 / IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) In the matter between: KRUGERSDORP RESIDENTS' ORGANISATION First Appl icant DIKEME JOSHUA MAGOTLA Second Appl icant BETHUEL MONGWAKETSI Third Appl icant JACOB SAFATSA Fourth Appl icant SAMSON MAHATANE KATAKA Fi f th Appl icant and THE MINISTER OF LAW AND ORDER THE DIVISIONAL COMMISSIONER OF POLICE, WEST RAND THE MINISTER OF DEFENCE First Respondent Second Respondent Third Respondent A F F I D A V I T I, the undersigned, SIPHO SELBOURNE THUNZI do hereby take oath and say: 1 I am an adult male ordinarily resident at p p Sangquo Street, Kagiso 2.

000640 Page 2 The facts herein contained are both true and correct and within my personal knowledge.

13 Page 2 The facts herein contained are both true and correct and within my personal knowledge. 3 I have read the affidavit of EDMUND MZWAMA- DODA MKIZE which recounts the shooting of one KHATAZILE DLAMINI. I was present at the incident therein described and can confirm that his account of the actions of the police are both true and correct and can further confirm the deponent's affidavit insofar as it refers to me. DEPONENT 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 H n U \y z > ^ ON THIS ^ DAY OF FEBRUARY 1986 THE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R125S OF 21ST JULY 1972 AND R1648 OF 19 AUGUST 1977 HAVING BEEN COMPLIED WITH. I COMMISSIONER OF OATHS P o \ (' i O c - e x d o - l-u \ \i Oc \

/ IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) 00064 I CASE NO.

14 / IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) I CASE NO. /1986 In the matter between: THE KRUGERSDORP RESIDENTS ORGANISATION First Applicant and DIKEME JOSHUA MAKGOTLHO THE REVEREND MR BETHUEL MONGWAKETSI THE REVEREND MR SAMSON KATAKA 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 A F F I D A V I T I, the undersigned, hereby make oath and say; RICHARD SPOOR 1. I am employed as an articled clerk by the applicants' attorneys, PRISCILLA JANA. 2. I have already deposed to two affidavits in this matter, marked annexure "A.103" and "A.Ill"

Page 2 000642 The facts contained herein are within my personal knowledge and are correct and true. During my discussions with the police referred to in my affidavit marked "A.

15 Page The facts contained herein are within my personal knowledge and are correct and true. During my discussions with the police referred to in my affidavit marked "A.Ill" on the 12th February 1986 I was advised that one of the persons referred to in my said affidavit had been released. 5. As appears from the affidavit of GUY BULLEN, annexed hereto marked "A.123" the said Malo's family has not seen him since his arrest and is firmly under the impression that he is still being detained. 6 - On receiving this information I phoned the Charge Office at Krugersdorp to establish whether he was still being held by them. The person I spoke to could however not confirm or deny that the said Malo was still being detained. 7. Due to the lack of time I have not been able to phone them again. RICHARD SPOOR THUS SIGNED and SWORN to BEFORE ME, at JOHANNESBURG this day of FEBRUARY 1986, the Deponent having acknowledged that he -/

Page 3 000643 knows and understands the contents of this his affidavit; that he has no objection to taking the

16 Page knows and understands the contents of this his affidavit; that he has no objection to taking the prescribed oath and the prescribed oath as binding on his conscience. regards COMMISSIONER OF OATHS NAME: ADDRESS: DESIGNATION:

IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) 000644 CASE NO.

17 IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION) CASE NO. /1986 In the matter between: THE KRUGERSDORP RESIDENTS ORGANISATION First Applicant and DIKEME JOSHUA MAKGOTLHO THE REVEREND MR BETHUEL HONGWAKETSI THE REVEREND MR JACOB SEFATSE THE REVEREND MR SAMSON KATAKA 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 A F F I D A V I T 1, the undersigned, hereby make oath and say: GUY QUENTIN BULLEN! I am an adult male residing at 408 Balnagask, Banket Street, Hillbrow, Johannesburg. 2. The facts contained herein are within my personal knowledge and are correct and true.

18 I am presently employed by the applicants' attorneys, PRISCILLA JANA with the specific aim of helping with this application. On the 16th February 1986 I was asked to go to the home of one of the deponents, MAWETHU MALO, whom I was had been released from custody in order to procure told his signature to his affidavit. On the same day I went to his mother's home in Ranafontein and it transpired that he had not been home since his arrest and his family was further under the impression that he was still being detained. I advised Richard Spoor from Priscilla Jana about this. GUY QUENTIN BULLEN

0 0 0 3 THUS SIGNED and SWORN to BEFORE ME, at JOHANNESBURG this day of FEBRUARY 1986, the Deponent having acknowledged that he knows and understands the contents of this his

19 THUS SIGNED and SWORN to BEFORE ME, at JOHANNESBURG this day of FEBRUARY 1986, the Deponent having acknowledged that he knows and understands the contents of this his affidavit; that he has no objection to taking the prescribed oath and regards the prescribed oath as binding on his conscience. COMMISSIONER OF OATHS NAME : ADDRESS: DESIGNATION: DATE :

20 Afrt/tco'-i t 'V

21 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.

13 SA. C C JOHANNESBURG. 1. Conscientious Objectors' Support Group (COSG) 2. Black Sash. 3. National Union of South African Students (NUSAS)

13 SA. C C JOHANNESBURG. 1. Conscientious Objectors' Support Group (COSG) 2. Black Sash. 3. National Union of South African Students (NUSAS) JOHANNESBURG 1. Conscientious Objectors' Support Group (COSG) 3. National Union of South African Students (NUSAS) 4. National Education Union of South Africa (NEUSA) 5. Catholic War and Peace 6. Young