· s -brief deur mokoditoa, 1980-12-11 -----1099 t - tweede brief deur mokoditoa - nie beskikbaar...

Af) ~O~( 1l+9 . \

IN THE SUPREME COURT OF SOUTH AFRICA

(APPELLATE PIVISION)

In the matter between -

ANTHONY BOBBY TSOTSOBE

JOHANNES SHABANGU

DAVID MOISE

and

THE STATE

First Appellant

Second Appellant:

Third Appellant

Respondent ·

---------------------------------------------------------A P PEA L

AGAINST THE CONVICTIONS AND SENTENCES IMPOSED BY HIS

LORDSHIP MR JUSTICE THERON (AND TWO ASSESSORS) IN THE

SUPREME COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL

DIVISION) ON 18 AUGUST 1981. LEAVE WAS ALSO GRANTED FOR

THE RESERVATION OF A QUESTION OF LAW ARISING AT THE TRIAL,

NAMELY WHETHER THE TRIAL JUDGE RIGHTLY HELD THAT THE

PROCEEDINGS BEFORE THE MAGISTRATE BE RECEIVED AS PART OF

THE RECORD OF THIS HONOURABLE COURT AGAINST THE APPELLANTS.

--------.,--------------------------------------------------

ON BEHALF OF APPELLANTS:

MATJILA, MOKGOATLHENG INC., 52 Noord Street, Station Place, JOHANNESBURG •.

CLAUDE, REID & HAYLETT, 629 United Building, Maitland Street, BLOEMFONTEIN e .

ON BEHALF OF RESPONDENT :

THE ATTORNEY-GENERAL, Supreme Court, PRETORIA.

THE ATTORNEY-GENERAL, Supreme Court, _ BLOEMFONTEIN.

VOLUME 17

(pages 1046 - 1127)

INHOUDSOPGAWE

. VOLUME 17

BLADSY

BEWYSSTUKKE (vervolg):

F - Bewysboek beskuldigde 1 - nie beskik-

baar nie 1046

G - Lys van gevonde wapens, ammunisie en

plofstof 1047 - 1048

H - Verslag Dr. T. Lorentz 1049 - 1050

I - Daar is geen Bewysstuk I nie.

J - Verslag Dr. T. Lorentz 1051

K - Verslag Dr. P.A. Jaques 1052 - 1053

L - Copy of summons (Tshongwe), and

annexures 1054 - 1070

M - Uitspraak deur Landdros Barlow - nie

beskikbaar nie 1071 - 1071(c)

N - Afskrif van dagvaarding (Monyepote),

en aanhangsels ---------------------- 1072 - 1088

o - Verk1aring deur L. Khoza ------------- 1089 - 1091

• P - Hospitaalkaart deur dr. Motlana ------- 1092

" Q - Verklaring deur T.H. Tshongwe ------- 1093 - 1095

R - Verk1aring deur T.H. Tshongwe ------- 1096 - 1098

S - Brief deur Mokoditoa, 1980-12-11 ----- 1099

T - Tweede brief deur Mokoditoa - nie

beskikbaar nie 1100

U - Verklaring deur Mabel Khoza 1101 - 1103

V(l) - Ondersoekdagboek T.H. Tshongwe 1104 - 1107

V(2) - Ondersoekdagboek N. Monyepote 1108 - 1114

W - Verklaring deur Anthony Beam (bes-

kuldigde 1) 1115 - 1127

- 1046 - BEhTYS STUK F

BE~'i1YSBOEK PETROS KHODISAN (besku1digde 1)

NIE BESKIKBAAR NIE

BEWYSSTUK G/ ....

- 1047 - BEWYSSTUK G

LYS VAN GEVONDE WAPENS, AMMUNISIE EN PLOFSTOF

1. TE SOWETO-HOOFwEG (naby Meadowlands Hostel)

11 offensiewe handgranate

2 defensiewe handgranate

6 defensiewe handgranaatontstekers

1 x 200 gram T.N.T. plofstof

83 springdoppies (gewone)

373 AK 47 patrone

2. TE ASHOOP TUSSEN GEBIED 5 EN 6, DIEPKLOOF

3 AK 47 magasyne

6 granaat proppe

2 AK 47 gewere: (a) Nr. 1975 - 750 387 - 2 084

(b) Nr. 1975 - 248 038 - 7 540

1 RPG 7 lanseerbuis PNR 78 NP 6491076

1 handgranaat (offensief RGO 5)

2 handgranate (F.l defensief)

610 AK 47 patrone

3. TE MEADOWLANDS (langs grondpad naby mynhope)

1 optiese visier

3 RPG 7 projektiele

3 RPG 7 projektielaanjaers

In hoeveelheid veiligheidslont

ongeveer 100 meter knallont

elektriese draad

3 offensiewe handgranate

2 defensiewe handgranate

2 handgranaatontstekers

1 AK 47 geweersak

2 AK 47 magasynsakke

1 gebreekte AK 47 terugslagveer

10 gram plastiese springstof

305/ ....

( 10

(20

(30 .

- 1048 - BEWYSSTUK G

LYS VAN GEVONDE WAPENS, AMMUNISIE EN PLOFSTOF (vervo1g):

305 AK 47 patrone

18 springdoppies (gewone)

4. TE CHIAWELO 203

8 e1ektriese springdoppies

3 x 400 gram T.N.T. p1ofstof

10 kilogram p1astiese springstof

1 Makarov pistoo1 en 16 patrone en 2 magasyne

1 vei1igheidspen (gedee1te van handgranaat)

1 handgranaat vei1igheidspen met ring. (10

- 1049 - EXHIBIT H

THEO LORENTZ

M. CH ., F. R . C • S. (ENG. ) ,F. R. C . S. (ED IN . )

Sandton Clinic, cor. Peter Place and Hendrik Verwoerd Drive,

Sandton.

Kenridge Hospital, 16 Rockridge Road, Parktown, Johannesburg.

Postal address: Sandton Clinic, Private Bag, Bryanston, 2021.

Telephones: Sandton 706-2812; Kenridge 31-5155; Home 6433232;

Pageboy 28-1666.

I, the undersigned, Theo Gerald Lorentz, do hereby certify

as follows:- ( 10

1) I am a registered Medical Practitioner conducting my

practice as a specialist surgeon at 29 Sandton Clinic,

Peter Place, Sandton.

2) I hold the degrees of M.B. CH.M. of the University of the

Witwatersrand and the F.R.C.S. diploma in London and

Edinburgh.

3) I am attached to the Johannesburg Hospital and University

4)

of the Witwatersrand as a consultant surgeon.

On the 20th May 1981 at the Prison in Pretoria I examined • the person of Bobby Tsotsobe and found the following:- (20

(a) Three pairs of roughly parallel marks in the skin

of his back on the right half. The marks were

1 approximately 5 cm long and 2 - 1 cm wide and dark

in colour. They were consistent with having been

caused by trauma to the back at some date in the

past and would, in my opinion, be consistent with

having been caused by beating across the back with

a linear object such as a length of hosepipe.

It is not possible from my examination to determine

the age of these scars. (30

(b) A linear scar in the right frontal region of the

scalp/ ••.•

- 1050 - EXHIBIT H

scalp of approximately 3 - 4 em in length. This

scar was also not recent and its age could not be

determined.

(c) A number of other minor scars of previous trauma

to the skin.

5) This examination required skill in anatomy and pathology.

Dated at Johannesburg this 9th day of June 1981.

(sgd) T.G. LORENTZ.

--------------,--------------

-1051-

THEO LORENTZ

EXHIBIT J

M.CH., F.R.C.S. (ENG.) F.R.C.S. (EDIN.)

Tel: Sandton 706-6037

Home 788-6090

11th July 1981

Advocate J. Unterhalter,

9th floor Innes Chambers,

Pritchard street,

JOHANNESBURG,

2001.

Dear Sir,

29 Sandton Clinic,

Private Bag,

Bryanston, 2021.

MEDICAL REPORT ON ACCUSED "BOBBY"

(10

Further to my previous report, an opinion has been sought

as to why there are only three sets of parallel marks on the

accused's back whereas he had claimed repeated beating with a

hosepipe.

It would seem that a possible explanation of this is that

the persistent scars have resulted from deeper wounds and that

the rest have disappeared with time and this fact would not (20

seem to conflict with the opinion that the scars may be the

result of beating with a linear object.

Yours faithfully,

(sgd) T.G. LORENTZ.

- 1052 - EXHIBIT K

DR. P.A. JAQUES

M. B., B. CH . (RAND) D. L . O. (R. C . P . & S. )

EAR, NOSE AND THROAT SURGEON

Tel: Rooms: 7881123/4/5 12a Sturdee Ave.,

Residence: 7061683 Rosebank 2196,

JOHANNESBURG.

I, the undersigned, DR P.A. JAQUES, do hereby certify as

follows:

I am a registered Medical Practitioner conducting my prac

tice as an Ear, Nose & Throat Specialist at 12a Sturdee Ave-(lO

nue, Rosebank, Johannesburg • •

I hold the degrees of M.B. B.CH. (Rand) D.L.O. (R.C.P. & S)

I am in the service of the Transvaal Provincial Administra

tion as an E.N.T. surgeon at the Johannesburg General Hospital.

Date of examination: 10th July 1981

I examined the persons of:

ANTHONY BOBBY TSOTSOBE

JOHANNES SHABaNGU

DAVID MOISI

In all three persons there was old blood clot in the left(20

external ear canals. This was cleaned out to view the tympanic

membranes which were found to have old scars and no recent in

flammation. The right ears were normal.

The old bloot clot in the external ear is consistent with

trauma to the ear such as having received a blow. It is also

possible that a self inflicted injury such as scratching with

a match could have caused the bleed. However the blood clot

was found against the eardrum in all three cases.*

The old scarring was not recent as there was no inflamma

tion. A ruptured tympanic membrane could heal in ten days. (30

(Handwritten): This examination required a knowledge 0,£

physiotogy/ .....

- 1053 - EXHIBIT K

physiology & anatomy.

Dated at Johannesburg this 20th day of July 1981.

(sgd) P.A. JAQUES

Handwritten: * This would again be consistent with bleeding

from the eardrum such as resulting from a

blow on the ear.

(sgd) P.A. JAQUES.

- 1054 -

PH.149

COMBINED SUMMONS

EXHIBIT L

R3,20 Revenue Stamps

Case No. 6358/81


(WITWATERSRAND LOCAL DIVISION)

In the matter between -

THEMBA TSHONGWE

and

WARRANT OFFICER VAN WYK

LIEUTENANT TROLLIP

THE HONOURABLE THE MINISTER OF POLICE

To the sheriff or his deputy:

INFORM:

CERTIFIED A TRUE COpy

OF THE ORIGINAL

(sgd )- ? ASST. REGI5.TRAR

Plaintiff

(10

First Defendant

Second Defendant

Third Defendant

1. Warrant Officer Van Wyk, a warrant officer attached to

the Security Branch of the South African Police sta

tioned at Prot~a Police Station, Soweto, Johannesburg,

2. Lieutenant Trollip, a Lieutenant attached to the (20

Security Branch of the South African Police stationed

at Pro tea Police Station, Soweto, Johannesburg,

3. The Honourable the Minister of Police, care of the

Deputy State Attorney, North City Building, Plein Street,

Johannesburg,

(hereinafter called the Defendants) that

Themba Tshongwe, an adult male, laboratory assistant of

2353 Zola South, Soweto, Johannesburg,

(hereinafter called the Plaintiff), hereby institutes action

against them in which action the Plaintiff claims the relief(30

and on the grounds set out in the particulars annexed hereto.

INFORM/ ....

- 1055 - EXHIBIT L

INFORM the Defendants further that if Defendants dispute the

claim and wish to defend the action, the Defendants shall -

(i) Within one month of the service upon the Defendants of

this summons, file with the registrar of this Court at

North City Building, Plein Street, Johannesburg, Notice

of Defendants' intention to defend and serve a copy

thereof on the Attorneys of the Plaintiff, which notice

shall give an address (not being a po&t office or po~te

restante) referred to in rule 6(5) (b) for the service

upon the Defendants of all notices and documents in (10

the action.

(ii) Thereafter and within twenty-one days after filing and

serving notice of intention to defend as aforesaid, file

with the registrar and serve upon the Plaintiff a Plea,

Exception, Notice to strike out, with or without a Coun

terclaim.

INFORM the Defendants further that if the Defendants fail to

file and serve notice as aforesaid, Judgment as claimed may

be given against the Defendants without further notice to the

Defendants, or if having filed and served such notice, the (20

Defendants fail to plead, except, make application to strike

out or counterclaim, Judgment may be given against the Defen

dants.

AND immediately thereafter serve on the Defendants a copy of

this Summons and return the same to the Registrar with what

soever you have done thereupon.

DATED at JOHANNESBURG this 16th day of APRIL 1981.

(sgd) P. ? Jana

(sgd) W.P. van Oudtshoorn

REGISTRAR OF THE SUPREME COURT

ATTORNEY PRISCILLA JANA AND ASSOCIATES,

Attorneys/ ....

(30

- 1056 -

Attorneys of Plaintiff,

2nd f 1oor, Abbey House,

51 Cornmissioner . Street, Jhb.

Tel: 838-7618/9 rf M145.

EXHIBIT L

Special Power to Sue and Defend/ ....

- 1057 -

SPECIAL POWER TO SUE AND DEFEND


(WITHATERSRAND LOCAL DIVISION)

EXHIBIT L

SOc Revenue Stamp

In the matter of -

THEMBA TSHONGHE

versus


LIEUTENANT TROLLIP


I, the undersigned,

THE MBA TSHONGHE,

do hereby nominate, constitute and appoint

DEVIKARANI PRISCILLA JANA

Plaintiff

-- First Defendant

Second Defendant

Third Defendant(lO

with power of substitution, to be my true and lawful Attorney

and Agent in my name, place and stead, to appear before the

abovenamed Honourable Court or wherever else may be necessary

and then and there as to execute the

following:-

To institute an action on my behalf against Warrant (20

Officer Van Wyk, first defendant; Lieutenant Trollip

second defendant; the Honourable the Minister of

Police third defendant for:-

1. Judgment in the sum of R12 000,00 against the

first, second and third defendants jOintly and

severally, the one paying, the other or others to

be absolved;


first and second defendants jOintly and severally,

the one paying, the other to be absolved

c. Costs against the three defendants; alterna~ively

costs/ ....

( 30

- 1058 - EXHIBIT L

costs against the first and second defendants;

the one paying the others to be absolved;

d. Other or alternative relief

to pay all fees of Counsel and Witnesses; to make all and

any payments whatsoever which may be necessary and desirable

for the proper conduct of the case; to proceed to the final

end and determination thereof; and generally for effecting

the purposes aforesaid, to do or cause to be done whatsoaver

shall be requisite, as fully and effectually, to all intents

and purposes, as I might or could do if personally present (10

and acting therein; hereby ratifying, allowing and confirming,

and promising and agreeing to ratify, allow and confirm all

and whatsoever my/our said Attorney and Agent shall lawfully

do or cause to be done in or about the premises by virtue of

these presents.

Given under my hand at JOHANNESBURG this 16th day of

APRIL 1981, in the presence of the undersigned witnesses.

WITNESSES:

1. (sgd)? (sgd) H. T. TSHONGWE

2. (sgd)?

PARTICULARS OF CLAI~/ ....

- 1059 EXHIBIT L

AN NEXURE

PARTICULARS OF PLAINTIFF'S CLAIM

1. The plaintiff is THEMBA TSHONG~.vE, a student and labora-

tory assistant, of 2353 Zola South, Soweto in the

district of Johannesburg.

2. The first defendant is WARRANT OFFICER VAN WYK,

attached to the security police and stationed at the

Protea Police Station, Protea, in the ~istrict of

Johannesburg.

3. The second defendant is LIEUTENANT TROLLIP, attached (10

to the security police and stationed at the Protea

Police Station, Protea, in the district of Johannesburg.

4. The third defendant is THE MINISTER OF POLICE, repre

senting the Government of the Republic of South Africa

as the employer of the first and second defendants.

5. From the 11th April, 1980 and for a number of days

thereafter the plaintiff was assaulted by the first and

second defendants, acting in concert with each other

and with a number of other police officers attached to

the security police stationed at the Pro tea Police (20

Station whose names are to the plaintiff unknown.

6. The plaintiff was -

(a) slapped;

(b) punched;

(c) electrocuted;

(d) threatened with grievous bodily harm;

(e) made to stand, jog and was prevented from

sleeping in order to physically exhaust him;

and was thereby injured, suffered considerable pain and

injured in his dignity. (30

7. In so assaulting the plaintiff the first and second

defendants/ ....

- 1060 - EXHIBIT L

defendants were acting within the course and scope of

their employment as employees of the third defendant.

8. Notice of the plaintiff's intention to institute these

proceedings was given to the defendants on or about

10th March, 1981 in terms of a notice ' to each of the

defendants hereunto annexed and marked "A", "B" and "e"

respectively.

9. The plaintiff was detained in terms of' the provisions

of section 6 of the Terrorism Act No. 83 of 1967 until

22nd October, 1980 by which date a period of more (10

then five months had la~sed since the plaintiff was

assaulted.

10. During the period of detention the plaintiff was pre

vented from communicating with his family and/or legal

advisers in order to avail himself of advice or to give

notice to the defendants of his intention to bring this

action in terms of the provisions of section 32 of the

Police Act of 1958.

11. The plaintiff ~ ays that, having been prevented from

exercising his rights by the very persons who injured (20

him during the aforesaid period of detention, it would

constitute unconscionable conduct on the part of the

defendants to rely on strict adherence to the provisions

of Section 32 of the Police Act, 1958.

ALTERNATIVELY TO PARAGRPAHS 8 - 11 ABOVE:

12. In assaulting the plaintiff the first and second

defendants, although acting as employees of the third

defendant, were not acting in pursuance of the Police

Act No. 32 of 1958.

FURTHER ALTERNATIVELY TO PARAGRAPHS 8 - 12 ABOVE: (30

13. In assaulting the plaintiff the first and second

defendants/ ....

- 1061 - EXHIBIT L

defendants were not acting in good faith in ter~s of

t he provisions of the said Act nor in pursuance thereof.

14. As a result the plaintiff has suffered damages in the

sum of R12 000.

WHEREFORE the plaintiff claims:

(a) Judgment in the sum of R12 000 against the first,

second and third defendants jOintly and severally, the

one paying, the other or others to be-absolved;

ALTERNATIVELY:

(b) Judgment in the sum of R12 000 against the first and (10

second defendants jOintly and severally, the one paying,

the other to be absolved;

(c) Costs against the three defendants; alternatively costs

against the first and second defendants; the one paying

the others or other to be absolved.

(d) Other or alternative relief.

DATED AT JOHANNESBURG this 15th day of APRIL, 1981.

(sgd) G. BIZOS S.C.

COUNSEL. FOR

THE PLAINTIFF:

(sgd) P. Jana

PRISCILLA JANA & ASSOCIATES,

2nd floor Abbey House,

51 Commissioner Street,

JOHANNESBURG.

Tel.: 838-7618/9

(sgd) C. MAILER

ANNEXURE "A"/ ....

( 20

- 1062 -

PRISCILLA JANA AND ASSOCIATES

ATTORNEYS

2nf floor Abbey House,


Johannesburg 2001.

Telephone 838-7618/9

Box 61875 Marshalltown 2107.

Our ref: DPJ/IK/M145

Your ref:

Warrant Officer Van Wyk,

Protea Police Station,

PROTEA.

And Copy to the Commissioner of Police,

PRETORIA.

Dear Sir,

re: OUR CLIENT : MR THEMBA TSHONGWE

EXHIBIT L

Annexure "A".

lOth March 1981(10

We act for Mr Themba Tshongwe. Mr Tshongwe was taken

into custody by you · and other members of the Security Police

stationed at Protea on 11th April 1980. (20

From the 11th April and fora number of days thereafter

our client says that he was assaulted in the main by you,

Lieutenant Trollip and other police officers stationed at the

Protea Police Station and attached to the Security Police.

He was slapped, punched, electrocuted and threatened with

further grievous bodily harm. He was also made to stand, jog

and prevented from sleeping in order to physically exhaust

him so that he may more easily make admissions against him

self and others.

He was detained until 22 October 1980. During the (30

period of detention he was prevented by you and your

colleagues/ ....

- 1063 - EXHIBIT L

Annexure "A"

colleagues from communicating with members of his family

and/or his legal advisers in order to avail himself of his

legal rights.

On the assumption that it was necessary for our client

to give you notice of his intention to institute an action

against you in terms of the provisions of section 32 of the

Police Act, 1958, the period therein provid~d had lapsed by

the time he was released from detention.

Our client therefore contends that he is in law ex- (10

cused from his failure to gi~e you such notice on one or more

of the following grounds:-

a. He was prevented from exercising his rights by you and

your colleagues, who injured him; and/or

b. In the circumstances under which our client was kept

during the said period it would constitute unconscion

able conduct for you to rely on the provisions of

section 32 of the aforesaid Act; and/or

c. You and your colleagues were not acting in pursuance

of the Police Act when so assaulting and injuring our (20

client; and/or

d. You and your colleagues were not acting in good faith

whilst so assaulting and injuring our client.

Our client intends to institute an action against you

for R12 000 damages and costs. He also intents suing

Lieutenant Trollip and the Minister of Police, both jOintly

and severally with you, and alternatively only you and Lieu

tenant Trollip in a further claim.

Should there be no payment within a period of one month

proceedings will be instituted against you id the Wit- (30

watersrand Local Division of the Supreme Court of Sout~ Africa.

Yours/ ....

Yours faithu11y,

(sgd) P. Jana

- 1064 -


EXHIBIT L

Annexure "A"

Annexure "B"I ...•

- 1065 -


ATTORNEYS



Johannesburg 2001

Telephone, 838-7618/9

Box 61875 Marshalltown 2107


Your ref.:

Lieutenant Trollip,

Pro tea Police Station,

Protea,

JOHANNESBURG.

And copy to Commissioner of Police,

PRETORIA.

Dear Sir,

re: OUR CLIENT : THEMBA TSHONGWE

EXHIBIT L

Annexure "B"

lOth March, 1981

We act for Mr Themba Tshongwe. Mr Tshongwe was taken

(10

into custody by you and other members of the Security Police(20

stationed at Protea on 11th April 1980.

From the 11th April and for a number of days thereafter

our client says that he was assaulted in the main by you,

Warrant Officer Van Wyk and other police officers stationed

at the Protea Police Station and attached to the Security

Police. He was slapped, punched, electrocuted and threatened

with further grievous bodily harm. He was also made to

stand, jog and prevented from sleeping in order to physically

exhaust him so that he may more easily make admissions against

himself and others. (30

He was detained until 22nd October 1980. During the

period/ ....

- 1066 - EXHIBIT L

Annexure "B"

period of detention he was prevented by you and your col

leagues from communicating with members of his family and/or

his legal advisers in order to avail himself of his legal

rights.




Police Act, 1958, the period therein provided had lapsed by

the time he was released from detention. (10

Our client therefore contends that he is in law excused

from his failure to give you such notice on one or more of

the following grounds:-

a. He was prevented from exercising his rights by you

and your colleagues, ~ho injured him; and/or



able .conduct for you to rely on the provisions of


c. You and your colleagues were not acting in pursuance (20

of the Police Act when so assaulting and injuring our

client; and/or



Our client intents to institute an action against you

for R12 000 damages and costs. He also intends suing War

rant Officer Van Wyk and the Minister of Police, both jointly

and severally with you, and alternatively only you and

Warrant Officer Van Wyk in a further claim.

Should there be no payment within a period of one {30

month proceedings will be instituted against you in the

Witwatersrand/ ....

- 1067 - EXHIBIT L

Annexure "B"

Witwatersrand Local Division of the Supreme Court of South

Africa.

Yours faithfully,

(sgd) P. Jana


A "C"/ nnexure .•...

- 1068 -


ATTORNEYS



Johannesburg 2001.



Our ref.: DPJ/IK/M145

Your ref.:

The Honourable

the Minister of Police,

Union Buildings,

PRETORIA.

BY HAND.

Dear Sir,

EXHIBIT L

Annexure "C"

lOth March 1981

Re: OUR CLIENT : MR THE MBA HOSIA TSHONGWE

We act for Mr Themba Hosia Tshongwe. Mr Tshongwe was

taken into custody by members of the Security Police

(10

stationed at Protea on 11th April 1980. (20


our client says that he was assaulted in the main by Warrant

Officer Van Wyk, Lieutenant Trollip and a number of other

police officers attached to the Security Police and stationed

at the Pro tea Police Station. He was slapped, punched, elec

trocuted and threatened with further grievous bodily harm.

He was also made to stand, jog and prevented from sleeping in

order to physically exhaust him so that he may more easily

make admissions against himself and others.

He was detained until 22nd October 1980. During the (30

period of detention he was prevented from communicating with

members/ ••••

- 1069 - EXHIBIT L

Annexure "c"

members of his family and/or his legal advisers in order

to avail himself of his legal rights.

On the assumption that it was necessary for Otlr client



Police Act, 1958, the period therein provided had lapsed ...

by the time he was released from detention.


from his failure to give you such notice on one or more of (10

the following grounds:

a. He was prevented from exercising his rights by the very

persons who injured him; and/or


during the said period, it would constitute uncon-

scionable conduct for you to rely on the provisions of


c. The police officers who assaulted our client, although

they may have been acting within the scope and course

of their employment by you, were nevertheless not (20

acting in pursuance of the Police Act; and/or

d. The aforesaid officers were not acting in good faith in

terms of the said Act whilst so assaulting and injuring

our client.

Our client intends to institute an action against you for

R12 000 damages and costs. He also intends suing Lieutenant

Trollip and Warrant Officer Van Wyk, both jOintly and severally

with you, and, alternatively, them only in a further claim.

Should there be no payment within a period of one month,

proceedings will be instituted against you in the Witwaters-(30

rand Local Division of the Supreme Court of South Africa.

yours/ ••••

Yours faithfully,

(sgd) P. Jana

- 1070 -

PRISCILLA JANA AND ASSOCIATES.

EXHIBIT L

Annexure "C"

EXHIBIT M/ •.•••

- 1071 - EXHIBIT M

CASE NO. 41/3567/80

DATE: ?

IN THE MAGISTRATE'S COURT FuR THE REGIONAL DIVISION OF THE

TRANSVAAL, HELD AT JOHANNESBURG.

BEFORE:

THE STATE versus THEMBO SHONGWE AND OTHERS

CHARGE: SEE CHARGE SHEET.

J U D G MEN T

MR A.H. BARLOW

COURT: There were in this case six ·accused, there are now

f -ive left. Thembo Hosea Shongwe, Norman Masedi Monyapote, (10

Patrick Kariseda - I am afraid I cannot pronounce his

surname, I am sorry, and 4 Vuyisile Mdleni. 5 John Matona

and 6 Sipho Edward Nhlapo. Accused No. 4 was discharged on

the 5th February 1981 at the end of the State case.

I am not going to detail the charges against the

accused, it is not for purposes of this decision necessary

to do so. I have considered the address by Mr Bizos very

carefully and I have also considered Mr Hattingh for the

State's address very carefully, and I shall be as brief as

possible in the circumstanc.es of this matter. (20

Although it is generally accepted in most cases that the

question of credibility is not a factor to be considered at

the end of the State case, it is in this particular instance

a not unimportant matter. With the exception probably of

the evidence of Thabu Masoko, it could probably ... (last line

at the bottom of the page has been cut off on photostat copy) ,

most unsatisfactory witnesses, with the evidence of Warrant

Officer Van Wyk being the most unsatisfactory and it might

also be mentioned that his evidence from the State's pOint of

view is the most important. If the matter were to be (30

decided/ ....

- 107l(a) - EXHIBIT M

decided purely on the question of credibility, it would be

difficult to accept the evidence of the State witnesses,

and especially that of warrant~ficer Van Wyk, if that

evidence were to be disputed by satisfactory evidence of the

accused.

The evidence of Lieutenant Olivier is contradicted in

important aspects by the evidence or Thabu Masoko, and I

have no doubt at this stage of the matter, and this would

not be a final decision, it would be subject to whatever

were to happen later in the matter, but at this stage of (10

the matter I have no doubt that the evidence of Thabu Masoko

is, on those aspects where he contradicts the evidence of

Lieutenant Olivier, to be preferred.

It is important to note that Thabu Masoko has had no

opportunity whatsoever at any stage to have communicated with

any of the accused. This is an aspect which is quite clear,

and which cannot be doubted, and it was significant that his

evidence was in complete conformity on several important

matters with the submissions made in cross-examination to

Lieutenant Olivier as to what had transpired at the church(20

where Thabu and two others were arrested by Lieutenant Oli

vier.

If the decision were then to be based on the question

of whether the State had in fact in view of the unsatisfac

tory evidence which it has tendered proved the possession of

t hese documents by any of the accused. Then on that pOint

alone if the accused were to deny this under oath. There

would at the very least have to exist considerable doubt,

with the probabilities at this stage that the finding would

be in favour of the accused. (30

Coming then to the submissions by Mr Bizos on the legal

aspects/ ....

- 107l(b) - EXHIBIT M

aspects of the matter. These I have considered very care

fully, and it is my view that dealing with the charges

other than the charges of contravening Section 3(1) (a) (1)

6f Act 44 of 1950, that the State has tendered no evidence

whatsoever to lay any basis for its case on those charges,

and it is in my view clear that the application must succeed

in respect of all those charges.

Dealing with the charges against all the accused

where thatis applicable of contravening Section 3(1) (a) (1)

of Act 44 of 1950, the position as I see it, and I am in (10

agreement with Mr Bizos on this matter so, that at the very

most the State has succeeded in proving the possession of

certain documents, cassettes and other literature by some of

the accused of ANC matters. This obviously is in view of

the provisions of this particular Act, not per se an offence.

The inference cannot be drawn from the mere possession

of these documents that the accused were either members,

officials of the unlawful organisation the ANC. For these

reasons then the application in my view must succeed, and

all the remaining accused are acquitted and discharged on (20

all the counts.

COURT ADJOURNS.

CERTIFICATE/ ...

- l07l(c) -

CERTIFICATE

EXHIBIT M

I, the undersigned, hereby certify that the aforegoing

is a true and correct transcript of the proceedings mecha

nically recorded in the matter of -

THE STATE VERSUS THEMBO TSHONGWE AND OTHERS (Judgment only)

(sgd) J. Jenkinson,

TRANSCRIBER.

EXHIBIT N/ ...

PH.149

- 1072 -

COMBINED SUMMONS

EXHIBIT N

R3,20 Revenue Stamps

Case No. 6357/81


(WITWATERSRAND LOCAL DIVISION)

In the matter between - CERTIFIED A TRUE COpy OF

THt: ORIGINAL

(sgd) ? Asst. Registrar

Plaintiff NORMAN MASEDI MONYEPOTE

and


LIEUTENANT TROLLIP


(10

First Defendant

Second Defendant

Third Defendant

To the sheriff or his deputy:

INFORM

1. Warrant Officer Van Wyk, a warrant officer attached to

the Security Branch of the South African Police stationed

at Protea Police Station, Soweto, Johannesburg

2. Lieutenant Trollip, a Lieutenant attached to the (20

Security Branch of the South African Police stationed at

Protea Police Station, Soweto, Johannesburg

3. The Honourable the Minister of Police, care of the

Deputy State Attorney, North City Building, Plein Street,

Johannesburg

(hereinafter called the Defendants) that

Norman Masedi Monyepote, an adult male, clerk, of 383A

Naledi Soweto, Johannesburg

(hereinafter called the Plaintiff), hereby institutes action

against them in which action the Plaintiff claims the relief (30

and on the grounds set out in the particulars annexed hereto.

INFORM/ ...

- 1073 - EXHIBIT N

I NFORM the Defendants further that if defendants dispute the

claim and wish to defend the action, the defendants shall -

(i) Within one month of the s~rvice upon the defendants of

this summons, file with the registrar of this Court at

North City Building, Plein Street, Johannesburg, Notice

of defendants' intention to defend and serve a copy

thereof on the attorneys of the plaintiff, which notice

shall give an address (not being a post office or poste

restante) referred to in rule 6(5) (b) for the service

upon the defendants of all notices and documents in (10

the action.

(ii) Thereafter and within twenty-one days after filing and

serving notice of intention to defend as aforesaid, file

with the registrar and serve upon the plaintiff a Plea,

Exception, Notice to strike out, with or without a

counter-claim.

INFORM the defendants further that if the defendants fail to

file and serve notice as aforesaid, judgment as claimed may

be given against the defendants without further notice to the

defendants, or if having filed and served such notice, the (20

defendants fail to plead, except, make application to strike

out or counter-claim, judgment may be given against the defen

dants.

AND immediately thereafter serve on the defendants a copy of

this summons and return the same to the registrar with what

soever you have done thereupon.

DATED AT J OHANNESBURG this 16th day of APRIL 1981.

(sgd) P. JANA

PRISCILLA JANA AND ASSOCIATES,

(sgd) W.P. van Oudtshoorn

Registrar of the Supreme Court

(30

Attorneys/ .....

- 1074 -

Attorneys of Plaintiff,



Jhb.

Tel: 838-7618/9 rf M145

EXHIBIT N

Special Power / •••••

- 107S -

SPECIAL POWER TO SUE AND DEFEND


(WITWATERSRAND LOCAL ~IVISION)

EXHIBIT N

SOc Revenue Stamp

In the matter of -

NORMAN MASEDI MONYEPOTE

versus

Plaintiff


LIEUTENANT TROLLIP


First Defendant

Second Defendant

Third Defendant (10

I the undersigned,

NORMAN MASEDI MONYEPOTE,

do hereby nominate, constitute and appoint

DEVIKARANI PRISCILLA JANA

with power of substitution, to be my true and lawful attorney

and agent inmyname, place and stead, to appear before the

abovenamed Honourable Court or wherever else may be necessary

and then and there as to execute

the following: (20

to institute an action on my behalf against Warrant

Officer Van Wyk, first defendant; Lieutenant Trollip,

second defendant, the Honourable the Minister of Police,

third defendant, for:-


2.

first, second and third defendants jOintly and

severally, the one paying, the other or others

to be absolved;

ALTERNATIVELY

Judgment in the sum of R12 000,00 against the (30

first and second defendants jOintly and severally,

the/ ....

- 1076 -EXHIBIT N

the one paying, the other to be absolved;

3. Costs against the three defendants; alterna

tively costs against the first and second

defendants; the one paying the others or other

to be absolved;

4. Other or alternative relief

to pay all fees of Counsel and Witnesses; to make all and any

payments whatsoever which may be necessary and desirable for

the proper conduct of the case; to proceed to the final end

and determination thereof; and generally for effecting the(lO

purposes aforesaid, to do or cause to be done, whatsoever shall

be requisite, as fully and effectually, to all intents and

purposes, as I might or could do if personally present and

acting therein; hereby ratifying, allowing and confirming,

and promising and agreeing to ratify, allow and confirm all

and whatsoever my said attorney and agent shall lawfully do

or cause to be done in or about the premises by virtue of

these presents.

Given under my hand at JOHANNESBURG this 16th day of

APRIL 1981, in the presence of the undersigned witnesses: (20

WITNESSES:

l.

2.

(sgd) ?

(sgd) ?

(sgd) N.M. Monyepote

NORMAN MASEDI MONYEPOTE

PARTICULARS OF CLAIM/ ....

- 1077 - EXHIBIT N

ANN E X U R E

PARTICULARS OF PLAINTIFF'S CLAIM

1. The plaintiff is NORMAN MASEDI MONYEPOTE, a clerk, of

-383A, Naledi, Soweto, district of Johannesburg.

2. The first defendant is WARRANT OFFICER VAN WYK, attached

to the security police and stationed at the Pro tea

Police Station, Protea, in the district of Johannesburg.

3. The second defendant is LIEUTENANT TROLLIP, attached to

the security police and stationed at the Protea Police

Station, Protea, in the district of Johannesburg. (10

4. The third defendant is the MINISTER OF POLICE, represen-

ting the Government of the Republic of South Africa as

the employer of the first and second defendants.

5. From the early hours of the morning of the 12th April

1980 and for a number of days thereafter the plaintiff

was assaulted by the first and second defendants, acting

in concert with each other and with a number of other

police officers attached to the security police sta-

tioned at the Protea Police Station whose names are to

the plaintiff unknown. (20

6. The plaintiff was -

(a) slapped;

(b) punched;

(c) electrocuted;

(d) he was made to lift a brick above his head and

compelled to perform other physical movements;

(e) was prevented from sleeping in order to physically

exhaust him;

and was thereby injured, suffered considerable pain and

injured in his dignity. (30

7. In so assaulting the plaintiff the first and second

defendants/ ....

- 1078 - EXHIBIT N

defendants were acting within the course and scope of

their employment as employees of the third defendant.

8. Notice of the plaintiff's intention to institute these

proceedings was given to the defendants on or about lOth

March 1981 in terms of a notice to each of the defendants

hereunto annexed and marked "A", "B" and "e" respectively.

9. The plaintiff was detained in terms of the provisions of

Section 6 of the Terrorism Act No. 83 of 1967 until 22nd

October, 1980 by which date a period of more than five

months had lapsed since the plaintiff was assaulted. (10

10. During the period of detention the plaintiff was preven-

ted from communicating with his family and/or legal

advisers in order to avail himself of advice or to give

notice to the defendants of his intention to bring this

action in terms of the provisions of section 32 of the

Police Act of 1958.

11. The plaintiff says that, having been prevented from

exercising his rights by the very persons who injured him

during the aforesaid period of detention, it would con-

stitute unconscionable conduct on the part of the de- (20

fendants to rely on strict adherence to the provisions

of section 32 of the Police Act, 1958.

ALTERNATIVELY TO PARAGRAPH 8 - 11 ABOVE

12. In assaulting the plaintiff the first and second defen-

dants, although acting as employees of the third

defendant, were not acting in pursuance of the Police

Act No. 32 of 1958.

FURTHER ALTERNATIVELY TO PARAGRAPHS 8 - 12 ABOVE:

13. In assaulting the plaintiff the first and second defen-

dants were not acting in good faith in terms of the pro(30

visions of the said Act nor in pursuance thereof.

14. As a result of the assault the plaintiff has suffered

damages/ .•..

- 1079 -

damages in the sum of R12 000.

WHEREFORE the plaintiff claims:

EXHIBIT N

(a) Judgment in the sum of R12 000 against the first,

second and third defendants jointly and severally,

the one paying, the other or others to be absolved;

ALTERNATIVELY

(b) Judgment in the sum of Rl~ 000 against the first

and second defendants jOintly and severally, the

one paying the other to be absolved;

(c) Costs against the three defendants;

alternatively costs against the first and second

defendants; the one paying the others or other

to be absolved.

(d) Other or alternative relief.

DATED AT JOHANNESBURG this 15th day of APRIL 1981.

(sgd) G. BIZOS

G. BIZOS S.c.

Counsel for the Plaintiff

(sgd) C. MAILER

C. MAILER

(sgd) P. Jana

(10

(20

PRISCILLA JANA & ASSOCIATES,

2nd floor, Abbey House,


JOHANNESBURG.

Annexure "A"/ ...

- 1080 -


ATTORNEYS,



Johannesburg 2001.




Your ref:

EXHIBIT N

Annexure "A"

10th March 1981

Warrant Officer Van Wyk,


PROTEA.

And Copy to Commissioner of Police,

PRETORIA.

Dear Sir,

Re: OUR CLIENT MR NORMAN MASEDI MONYEPOTE

(10

We act for Mr Norman Masedi Monyepote. Mr Monyepote was

taken into custody by you and other members of the Security(20

Police stationed at Protea on 11th April 1980.

From 11th April, and for a number of days thereafter our

client says that he was assaulted in the main by ~ou, Lieu

tenant Trollip and other police officers stationed at the

Protea Police Station and attached to the Security Police. He

was slapped, punched and electrocuted. He was made to lift a

brick above his head and compelled to perform other physical

movements, and prevented from sleeping, all with the intention

of physically exhausting him so that he may more easily make

admissions against himself and others. (30

He was detained until 22nd October 1980. During the period

of/ ....

- 1081 - EXHIBIT N

Annexure "All

of detention he was prevented by you and your colleagues

from communicating with members of his family and/or his -'

legal advisers in order to avail himself of his legal rights.




Police Act, 1958, the period therein provided had lapsed


Our client therefore contends that he is in law (10

excused from his failure to give you such notice on one or

more of the following grounds:-

a. He was prevented from exercising his rights by you and

your colleagues who injured him; and/or


during the said period it would constitute unconscionable

conduct for you to rely on the provisions of section 32

of the aforesaid Act; and/or

c. You and your colleagues were not acting in pursuance of

the Police Act when so assaulting our client: and/or (20



Our client intends to institute an action against you

for R12 000 damages and costs. He also intends suing Lieu-

tenant Trollip and the Minister of Police, both jOintly and

severally with you, and alternatively only you and Lieutenant

Trollip in a further claim.


proceedings will be instituted against you in the Witwaters-

rand Local Division of the Supreme Court of South Africa. (30

Yours faithfully,

(sgd) / .•..

- 1082 - EXHIBIT N

Annexure "A"

(sgd) P. Jana


Annexure "B"I ....

- 1083 -


ATTORNEYS

2nd f loor, Abbey House,


Johannesburg 2001.



Our r ef: DPJ/IK/M145

Your ref:

EXHIBIT N

Annexure liB"

10th March 1981.

Lieutenant Trollip,


PROTEA.

And copy to Commissioner of Police,

PRETORIA.

Dear Sir,

Re: OUR CLIENT: NORMAN MASEDIMONYEPOTE

(10

We act for Mr Norman Masedi Monyepote. Mr Monyepote was

taken into custody by you and other members of the Security(20

Police stationed at Protea on 11th April 1980.


Our client says he was assaulted i n the main by you, Warrant

Off icer Van Wyk and other police officers stationed at the

Protea Police Station and attached to the Security Police.

He was slapped, punched and electrocuted. He was made to lift

a brick above his head and compelled to perform other physical

mo vements, kept naked, was not allowed to sit but was kept

standing and prevented from sleeping, all with the intention

of physically exhausting him in order to induce him to make(30

admissions against himself and others.

He/ ....

- 1084 - EXHIBIT N

Annexure "B"


period of detention he was preven~d by you and your collea

gues from communicating with members of his fa~ily and/or

legal advisers in order to avail himself of his legal rights.




Pol ice Act, 1958, the period therein provided had lapsed by

the time he was released from detention. (10

Our client therefore contents that he is in law excused



a . He was prevented from exercising his rights by you .and

your colleagues, who injured him;

and/or



able conduct for you to rely on the provisions of sec-

tion 32 of the aforesaid Act;

and/or

c. You and your colleagues were not acting in pursuance

of the Police Act when so assaulting and injuring our

client;

and/or

d . You and your colleagues were not acting in good faith


Our client intends to institute an action against you for

(20

R12 000 damages and costs. He also intends suing Warrant

Officer Van Wyk and the Minister of Police, both jOintly (30

and severally with you, and alternatively only you and Warrant

Officer/ ....

- 1085 - EXHIBIT N

Annexure "B"

Officer Van Wyk in a further claim.


-' proceedings will be instituted against you in the Witwaters-


Yours faithfully,

(sgd) P. Jana


(10

Annexure "C"I •..•

- 1086 -


ATTORNEYS



Johannesburg 2001.




Your ref:

The Honourable,

The Minister of Police,

Union Buildings,

PRETORIA.

BY HAND.

Dear Sir,

EXHIBIT N

Annexure "c"

10th March 1981

Re: OUR CLIENT MR NORMAN MASEDI MONYEPOTE

We act for Mr Norman Masedi Monyepote. Mr Monyepote

(10

was taken into custody by members of the Security Police

stationed at Protea in the early hours of the morning of 12th

April 1980. (20

From the time of his arrest and a number of days there

after our client says that he was assaulted by Lieutenant

Trollip and Warrant Officer Van Wyk. He states further that

they were assisted from time to time by other members of the

Security Police stationed at Protea.

Our client says that he was slapped, punched and elec

trocuted. He was made to lift a brick above his head and

compelled to perform other physical movements, kept naked, was

not allowed to sit but was kept standing and prevented from

sleeping, all with the intention of physically exhausting (30

him in order to induce him to make admissions against himself

and/ ....

- 1087 - EXHIBIT N

Annexure "C"

and others.


period of detention he was prevente&from communicating with

members of his family and/or legal advisers in order to

avail himself of his legal rights.




Police Act, 1958, the period therein provided had lapsed (10





a. He was prevented from exercising his rights by the very

persons who injured him;

and/or


during the said period it would constitute unconscion-

able conduct for you to rely on the provisions of (20


c. The police officers who assaulted our client, although

they may have been acting within the scope and course

of their employment by you, were nevertheless not acting

in pursurance of the Police Act;

and/or

d. The aforesaid officers were not acting in good faith in

terms of the said Act, whilst so assaulting and injuring

our client.

Our client intends to institute an action against you (30

for R12 000 damages and costs. He also intends suing Lt.

Trollip/ ..•.

- 1088 - EXHIBIT N

Annexure "C"

Trollip . and Warrant Officer Van \lJyk, both jOintly and sever

ally with you and alternatively them only, in a further claim.

Should there be no payment within a period of on~month,

proceedings will be instituted against you in the Witwaters


Yours faithfully,

(sgd) P. Jana.


(10

Exhibit 0/ ....

983 Moroka CR 667/12/80

- 1089 -

Sotho

EXHIBIT 0

LORRAINE KHOZA, states in En9~~~h (initialled 80/12/29)

under oath -

I am adult Black female, 17 ye~s old and reside st U203

CHIAWELO. I am a scholar.

On 80/12/05 at about 04hOO, I was in my house asleep.

Also in the house was my mother, Mabel KHOZA. She is the

complainant in this case. At about this time, we were awakened

by a loud banging on both the front & back doors. My mother

stood up and opened the front door. (10

I saw four White males dressed in private clothes, enter-

ing the house. They said that they wanted Petrus DHLAMINI,

and also searched the house. Both my mother and myself told

them that we did not know a Petrus DHLAMINI.

I saw that some of the men had firearms with them, but

I did not know who they were and they did not say who they

were. None of them had any firearms in their hands. Nobody

was pointed with a firearm.

The men then told us that I should eome go with them.

My mother asked them where they were taking me. They ans- (20

wered that I would be found at the Pro tea Police Station. I

went with them and we arrived at Protea Polic~ Station. I

then assumed that they were indeed policemen.

At Protea, I was questioned by the police, asking me if

I knew anybody by the name of "Linky". I said that I did not.

I was then taken to a room, and assaulted with a piece of

hosepipe, allover my body. I was also photographed and my

fingerprints taken.

I was then given food to eat and taken home.

At about 14hOO on 80/12/09, I received a message at (30

home, stating that I should report at Pro tea Police Station,

on/ ....

- 1090 - EXHIBIT 0

on 80/12/10 at 08hOO. I was again questioned about the same

man, and again assaulted by the same white policeman, who

Again a hosepipe was used. assaulted me the previous time.

I was then returned to my home.

my assailant.

I ~all be able to po!nt out

On 80/12/03, I was at home with my mother. At about

l7hOO, White men in private clothes arrived at our house. They

came into the yard, and one of them pointed a firearm at my

mother, standing in the yard, telling her not to move. All

of them had firearm in their hands. They searched our house(lO

for a Petrus DHLAMINI but found no-one.

It is the same group of policemen who took me to Protea on

80/12/05. I would be able to point out the man who pointed

the gun at my mother.

I was told by my lawyer to lay this charge against the

police.

Moroka

80/12/29

l2h47

TRANSLATED - Florence Mahkwane

Statement taken by me.

(sgd) Lorraine Khoza

(sgd) W.J. BADENHORST

S/A/O D/W/O

(20

1. Do you know and understand the contents of this declara-

tion?

Answer: Yes.

2. Do you have any objection to taking the prescribed oath?

Answer: No.

3. Do you consider the prescribed oath to be binding on

your conscience?

Answer: Yes.

A./ •..

(30

- 1091 - EXHIBIT 0

A. I certify that the abovementioned questior.s were put to

me and that the answers thereto as reflected above were

written down in my presence.

(sgd) Lorraine Khosa

Signature of deponent.

B. I certify that the deponent has acknowledged that she knows

and understands the contents of this declaration and •..

(illegible) was placed thereon in my presence.

(sgd) W.J. BADEN HORST

JUSTICE OF THE PEACE (10

First names and surname: WILLEM JOHANNES BADENHORST

Designation (rank): S/A/O Ex officio Republic and South West

Africa.

Business address: On Potchefstroompad, Moroka.

Date: 80/12/29 Place: MOROKA.

EXHIBIT P/ .....

KHOZA, LORRAINE

- 1092 -

14.8.63

EXHIBIT P

4203 Chiawelo

8 DEC 1980 36. 40c c/o assaulted by the police. Ole linear

bruises and abrasions - consistent with assault by sjambok

(illegible) .• 7 such marks over th thighs, back of ~hest

and back.

7 linear .. (illegible)

P.s. There was also a linear abrasion over the mid

forehead caused by hosepipe.

EXHIBIT Q/ •.•.

- 1093 - EXHIBIT Q

FIRST INFORMATION OF CRIME. S.A.P.3

A.

THEMBA HOSIA TSHONGWE

(full name, race, sex), a 23 yrs. B. Male ••• by occ~pation

residing at 2353(B) Zola South (full residential address)

with house telephone no • .•. and employed at (full address of

employment) WITS UNIVERSITY No.1 Jan Smuts Ave., Braamfon-... tein, with telephone no. 391521 at place of employment, STATE

°UNDER OATH/SOLEMNLY DECLARE -

State in Zulu: (10

That I am a detainee arrested under suspicion of the Sec.

6 of the Act. On the 1980.4.11 Friday about 2lhOO elsewhere at

Sengodane I was confronted by police in private clothing.

They searched my car and I do not know what was wrong then, as

I was escorted by the same to Pro tea where I was led through

a passageway in a room no. 52. I was ordered to undress and

I remained naked. There were about more than five whi te - in

mufti - police in the office. One of them kept on (outrooted)

plugged off my moustache painfully from my upper lip and I can

point out him out. White man Trollip carne front, assaulted(20

me more than ten times on my chest and abdomen with fists and

with open hands on the face.

Wh~-ee-men-Ven I became unconscious and fell of floor

when Trollip then blind-doeked me with a piece of cloth while

lain on my stomach on the floor. I further could not see whom

it was who fastened me with my hand and feet together. Ac-

cording to them I should have told them the truth of where ~

from I got the books which they found in the car and that they

were now going to force me to tell them the truth.

While I was flat laid on the floor the cables were (30

switched on and which caused a choking effect on the whole

body/ .•.

-1094- EXHIBIT Q

body. It was done several times for a long time while I

kept on screaming the whole time long whenever it was switched

on; for to agree just on, even whatever question asked,

because it-was wrong - according to hem - to say I do_ not

know. This was a struggle of about to midnight. I was then

taking to Newlands Police Station where I stayed in the cells.

I was later removed to Jabu1ani Police Station on the 1980.

04.14 Monday at about 11h30 still under detention.

On 1980.4.15 before lunch time I was removed by two

other B/Constab1es in mufti to Protea to the same office no. (10

52 where before I was again blind-doeked I recognised Tro11ip

and Van Wyk.

Lt. Tro11ip then started to assault me again further with

fists on my chest and abdomen for several time which I could

not count.

I did not see who that was who was also busy assaulting

me with a hardboard on the . head, and that I could recognise him

by his voice that it was Van Wyk who assaulted me.

Van Wyk then tightened me loose my face and I could see

that they were still two; and they removed me back to (20

Jabu1ani cells with pains on the body and head.

I complained to the officer who visited the cells in the

afternoon and again in the morning of the 1980.4.16 who decided

then to informed members of the Special Branch at Protea who

should attend to me for such complaints.

I even complained to the magistrate who came to interview

at Jabu1ani in one of the offices there.

I am sustaining painful body and head and affected eye

sight as a result of the assault.

That I desire police investigation and prosecution in (30

this case.

(sgd)/ ....

- 1095 - EXHIBIT Q

(sgd) (HOSEA THEMBA TSHONGWE)

16/4/80

The above statement obtained by NO. ~1525391C

(sgd) Tshesane) S/SERS.

EXHIBIT R/ ....

- 1096 - EXHIBIT R

Jabulani 335.04.80

Themba Hosia Tshongwe verklaar:

Ek is In volwasse Swartman, 36 jaar, woonagtig 2353B

Zola Suid en werksaam te Wits Univer iteit, JohannesbuJ;g.

Ek is tans In aangehoudene te Jabulani polisieselle.

Op 80.04.11 om ongeveer 22hOO het ek met my Volkswagen

motor, BVX280T, in die Ou Potchefstroompad naby die Esso Garage ... gery. A.O. van Wyk vergesel van nog 3 ander lede het my

gestop en my voertuig voorgekeer en di t deursoek. In Aantal

boeke was in my voertuig gevind en ek was toe ·na die Veilig-(lO

heidskantore te Protea geneem. Ek is toe na In sekere kamer

geneem. Die no. kan ek nie onthou nie. Daar was ongeveer 5

Wit lede in die kantoor. Een van die lede het aan my gese

om teen die muur te gaan staan. Een van die lede, ek kan

nie onthou wie nie, het aan my gese om al my klere uit te trek

wat ek toe gedoen het. Een van die Wit lede wat ek nie ken nie

en ook nie weer kan uitwys nie, het toe my snorbaard getrek.

Lt. Trollip, wat ek agt,erna leer ken het, het toe In wit lap

om my oe gebind. Ek is toe deur Lt. Trollip aangese om teen

die muur te staan, my kniee te buig en om my hande bo die kop(20

te hou. Lt. Trollip het my toe verskeie houe met die vuis teen

die bors geslaan.

Ek weet dat Luit. Trollip my geslaan het aangesien ek

hom aan sy stem uitgeken het. Hy het met my gepraat terwyl

hy my geslaan het. Ek het later my bewussyn verloor en het op

my maag geval. My hande was met lappe en tou agter my rug vas-

gemaak. My voete was ook vasgemaak. Ek was toe ondervra.

Ek het gevoel dat elektriese kabels op my rug met heg

pleister vasgeplak word. Ek het kort-kort elektriese skokke

deur my liggaam gevoel, maar het nie weer my bewussyn ver- (30

loor nie. Die elektriese skokke het lank aangehou. Ek weet

nie/ ...

- 1097 - EXHIBIT R

nie wie die e1ektriese skokke toegedien het nie maar op hier

die stadium het ek net die stemme van Lt. Tro11ip en A.O. Van

Wyk gehoor. Die drade was naderhand van my 1yf verwyder, die

doek oor my oe was afgehaa1 en ek wa'!j. losgemaak. Net Lt.

Tro11ip en S.A.O. van \vyk was in die kantoor. Lt. Tro11ip

en S.A.O. van Wyk en ek is toe na 383 Va1edi(?) waar ons na

In sekere Swartman gaan soek het wat ons gekry het. Ons is toe

terug na Protea po1isiestasie. Ek was nie weer aangerand nie.

Ek is kort daarna te New1ands po1isiestasie aangehou.

Op 80.04.14 was ek oorgep1aas na Jabu1ani po1isiestasie. (10

Op 80.04.15 is ek weer na Protea geneem. Ek kan nie

onthou wie my kom haa1 het nie. Ek is toe na diese1fde kamer

geneem. Lt. Tro11ip en S.A.O. van Wyk was in die kantoor ge

weeSe S.A.O. van Wyk het weer my oe toegebind. Lt. Tro11ip

het my weer met die geba1de vuis oor my he1e 1iggaam ges1aan.

S.A.O. van Wyk het my toe In stuk kartondoos om die kop ge

slaan. Ek het hom weer aan sy stem uitgeken. Tydens die

aanranding was ek geduring ondervra. Die doek was weer van my

oe verwyder. Ek het toe gesien dat Lt. Tro11ip en S.A.O. van

Wyk nog steeds in die kantoor a11een was. Ek was diese1fde (20

dag teruggeneem na die Jabu1ani po1isiese11e.

Op 80.04.16 het In 1anddros my besoek en ek het toe aan

hom meegedee1 dat ek aangerand was nadat hy my gevra het of

ek enige versoeke het.

Ek het nooit enige rapport aan enige aanranding aan In

po1isiebeampte of offisier gemaak nie.

Op 80.04.18 was ek weer na Protea geneem. Ek was weer na

diese1fde kamer geneem. S.A.O. van Wyk het my toe aangese

om die "pas temarsjeer". Van Wyk was a11een in die kantoor.

Ek het vir 6 ure aanmekaar die pas marsjeer. As ek ophou (30

het S.A.O. van Wyk wat nog steeds a11een was my met die vuis

teen/ ...

- 1098 - EXHIBIT R

teen my lyf geslaan. My oe was weer geblinddoek, my hande

en voete was vasgeboei en ek was elektriese skokke toegedien.

Ek is tot op 80.04.22 te Pro tea gehou.

Ek het vir die 4 dae nooit gesl~p nie. Ek was vir die

hele tydperk deur Lt. Trollip en A/O van Wyk aangerand, met

gebalde vuiste en met elektriese skokke.

Ek het geen merk of swelling oorgehou van die aanranding

nie.

Ek is nie weer na die 22ste April aangerand nie.

Ek verlang verdere polisie ondersoek in die saak. (10

Ek het geen getuies om te roep nie.

Ek is vertroud met die inhoud van die verklaring. Ek het

geen beswaar teen die aflegging van die voorgeskrewe eed nie.

Ek beskou die voorgeskrewe eed as bindend op my gewete.

Moroka

80.05.08

l4hOO (get.) Hosea Tshongwe

(Stempel onleesbaar)

J.A.J. de Beer

Kaptein

80.05.08 Plek: Moroka

Johannes Andries Jacobus De Beer

S.A. POLISIE : OU POTCHEFSTROOMPAD

MOROKA.

EXHIBIT S/ ..•.

(20

- 1099 -

MATJILA, MOKGOATLHENG INCORPORATED

ATTORNEYS

P.O. Box 23027,

JOUBERT PARK, 2044.

Telephone 239017

Associates:

PAPI MATJILA

RATHA MOKGOATLHENG

Our ref: M.C. Mokoditoa/

SS/R1955/80

Your ref:

The Station Commander,

John Vorster Square,

Johannesburg 2001.

Dear Sir,

re: ASSAULT CHARGES

EXHIBIT S

Room 15, 1st floor,

Station Arcade,

52 Noord Street,

Johannesburg.

(Opposite Park Station)

And .also at:

616 Moroka Street,

Tlhabane,

Rustenburg.

P.O. Box 1, Tlhabane,

Rustenburg.

Telephone: 28938

11th December 1980

(10

Kindly assist our client Lorraine Khoza a minor child of Mr (20

Tie Khoza in laying assault charges against several S.A.

Police (Security Branch Protea).

The assault took place at Protea .on the 5th December 1980

and again on the 10th December 1980.

Yours faithfully,

(sgd)

RATHA MOKGOATLHENG.

EXHIBIT T/ ...

- 1100 - BEWYSSTUK T

BRIEF VAN MNR. MOKODITOA AAN STASIEBEVELVOERDER, PROTEA -

NIE BESKIKBAAR NIE

....

BEWYSSTUK u/ .....

- 1101 -

FIRST INFORMATION OF CRIME.

MABLE KHOZA V/F182830/B/female 40 yrs.

(full name, race, sex), a B/female by occupation

EXHIBIT U

residing at 4203 Chiawelo Soweto (fu~ residential addr§ss)

with house telephone no. N/A and employed at (full address

of employment) Edward Court 121 Mabel Street, Rossettenville,

Jhb., with telephone no. 26-7835 at place of employment, STATE

°UNDER OATH/SOLEMNLY DECLARE:

On 1980-12-03 at about l7h30 I was busy sweeping my yard.

I saw (6) six private vehicles standing in front of my house. (10

I saw a group of White males alighting out from those vehicles.

They have entered inside my yard. One of those White males he

produced his service revolver and he told me not to move where

I am standing. The others they went inside my house to search

it. After they have searched my house they have ask me if I

know B/male Petrus Dhlamini. I told them that B/male Petrus

Dhlamini is unknown to me. Thereafter they have left my

premises.

On 1980.12.05 at about 04hOO I was sleeping. I heard a

knock at my house doors. I went to it to ask who is kicking(20

at my doors. I heard a voice saying "Maak oop die deur".

Therefore I opened the door. I discovered that my doors were

kicking by those same of group White males. Those they were

came on the 1980-12-03 and those White males they started to

search again my house. After searching my house they took my

daughter B/female Lorraine. I ask them where I am dOing to

find them, they told me that I will found them at security

branch Protea. After that they left my premises together with

my daughter.

I followed them behind. At the security branch Protea (30

o Delete words not applicable.

I/ ....

- 1102 - EXHIBIT U

I knocked at the door, there I was opened by one White male

who was together with those group of White males entering my

house. I ask him about my daughter, he informed me that I

warned found my daughter, he will brought him at night. -

The same day during the night at about 24hOO my daughter

arrived at my home. She announced that she was assaulted by

those group of White males. I noticed her both thighs were ?

green and her forehead was swollen. I direx police investi-

gat ion against those Whites. I gave no bodys wrights to pOint

his firearm to me and also to assault my daughter. {10

All those White males I can point them out if in the identifi-

cation parade.

1980/12/23

18h30 (sgd) Mabel Khoza

Above statement taken by me {sgd)J. Mangange 5159915

59

1. Do you know and understand the contents of the declaration?

Answer: Yes.

2. Do you have any objection to taking the prescribed oath?

Answer: No. (20

3. Do you consider the prescribed oath to be binding on your

conscience?

Answer: Yes.

A. I certify that the abovementioned questions were put to

me and that the answers thereto as reflected above were

written down in my presence.

(sgd) Mabel Khosa

Signature of deponent.

B. I certify that the deponent has acknowledged that he/she

knows and understands the contents of this declaration (30

which was sworn to/affirmed before me and the deponent's

signature/ ....

- 1103 - EXHIBIT U

signature/thumb print/mark was placed thereon in my

presence.

(sgd)

Justice of the Peace/Commissione of Oaths.

Full first names and surname: Johannes Mangange

Designation (rank): Sgt. Ex officio Republic and South West

Africa.

Business address: S.A. POLICE MOROKA

Old Potch Road.

Date: 80.12.23 Place: MOROKA

EXHIBIT V(l)/ .•.•

(10

Tyd, datum

80.4.11

23hOO

80.4.11

231:145

09hOO

80.4.14

80.4.14

16hOO

11h25

80.4.15

15h53

80.4.15

80.4.16

02h20

80.4.17

08h45

80.4.18

09h45

80.4.25

04h45

- 1104 - EXHIBIT v1

SUID-AFRIKAANSE POLISIE SAP5 C1

Besk. 1

ONDERSOEKDAGBOEK R.O.M.

Stasie ............. R. . M ............. Verwysing

Themba Hosia Tshongwe van 2353B Zola

Suid werksaam te Wits Universiteit

gearresteer in besit van ver~ode ANC

1iteratuur. (get.) ?

Aangek1a te New1ands as gewone ver-

dagte. (get.) ? (10

Na kantoor vir ondervraging.

(get.) ?

Na Jabu1ani vir aanhouding kragtens

art. 22 (1) • (get.) ?

Na kantoor vir ondervraging. (get.) ?

Terug na aanhouding - voedse1 was

voorsien. (get.) ?

C2

Verdagte uit vir ondersoek en onder- (20

vraging en daarna weer vir aanhouding

na Jabu1ani. (get.) ?

Uit vir ondersoek en ondervraging.

Genoegsame rus & voedse1 was voorsien

& terug na aanhouding. (get.) ?

Uit vir ondervraging en na genoegsame

rus & voedse1 terug na aanhouding. (get.)t

Uit op ondersoek met verdagte om ander

verdagtes te soek wie se adresse hy moes

uitwys. (get.) ? (30

Terug/

80.4.2S

16h30

lSh20

80.4.28

80.4.29

10h1S

10h1S

lSh30

80.S.6

09h27

80.S.6

14hOO

80.S.20

09h4S

16hOO

80.S.20

80.06.04

9hOO

80.06.04

12h30

80.06.0S

9hOO.

1hOO

80.06.0S

17hOO

- 110S - EXHIBIT VI

C2 (verv.)

Terug na aanhouding, kos & voedse1 was

voorsien. Geen k1agtes. (get. ) ?

Oorgep1aas kragtens art~ 6 (1) .

(get. ) ?

C3.

Uit na kantoor vir ondersoek & onder-

vraging. (get.) ?

Terug na aanhouding.

Voedse1 was voorsien. Geen k1agtes.

(get. ) ?

Uit vir ondersoek & ondervraging &

D.G. ondersoek. (get. ) ?

Terug na aanhouding.

Geen k1agtes. (get. ) ?

Na kantoor gebring vir ondervraging.

(get.) ?

Teru~ na aanhouding.

Voedse1 voorsien.

(get.) ?

Onderwerp word op kantoor ondervra.

(get.) ? Lt.

Onderwerp word na ondervraging na

Jabu1ani teruggeneem. (get.) ? Lt.

Ondervra THEMBA op kantoor.

(get.) ? Lt.

Onderwerp word voorsien van voedse1.

(get.) ? Lt.

C4.

Neem onderwerp na *r~~er~derp Jabu1ani

(get.) ? Lt.

80.06.06/ ....

{ 10

( 20

{30

80.06.06

9hOO

13hOO

80.06.06

16h30

17hOO

80.06.07

01hOO

80.06.08

9hOO

12hOO

13hOO

80.06.09

9hOO.

13hOO

80.06.09

11hOO

80.06.10

9hOO

12hOO

16h30

- 1106 - EXHIBIT V1

C4. (verv.)

Onderwerp op kantoor vir ondervraging.

(get.) ? Lt.

Hy ontvang voedse1.

(get.) ? Lt.

Onderwerp word na Jabu1ani geneem.

(get.) ? Lt . ....

Onderwerp word op kantoor ondervra, en

word van voedse1 voorsien.

(get.) ? Lt. (10

Staak ondervraging en Temba word na

Jabu1ani geneem.

(get.) ? Lt.

Ondervra Temba op kantoor.

Hy word van voedse1 voorsien.

(get.) ? Lt.

Temba word na Jabu1ani geneem.

(get.) ? Lt.

Ondervra Temba op kantoor. (20

Hy ontvang voedse1. (get.) ? Lt.

Temba word na Jabu1ani geneem.

(get.) ? Lt.

C.5

Temba word na kantoor gebring vir

ondervraging.

(get.) ? Lt.

Hy ontvang voedse1.

Hy word na Jabu1ani geneem. (30

(get.) ? Lt.

80.06.11/ ...

80.06.11

9hOO

80.06.11

13hOO

80.08.10

9hOO

13hOO

16hOO

- 80.7.11

11hOO

18hOO

24hOO

- 1107 -EXHIBIT V1

CS. (verv.)

Themba word op kantoor ondervra.

(get.) ? Lt.

Themba word na Jabu1ani ~neem.

(get.) ? Lt.

Thernba op kantoor en skryf verk1aring • ....

Themba ontvang voedse1.

Themba word na Jabu1ani geneem.

(get.) ? Lt.

Themba word op kantoor ondervra.

(get.) ? Lt.

Themba ontvang voedse1.

Themba word terug geneem na Jabu1ani.

(get.) ?Lt.

Die vo1gende stempe1s verskyn op keersy van a1 die vorms

(d.w.s. C1 - CS):

Ek sertifiseer dat hierdie dokument In ware afdruk/

(10

afskrif is van die oorspronk1ike wat deur my per- (20

soon1ik besigtig is en dat vo1gens my waarnemings

die oorspronk1ike nie op enige wyse gewysig is nie.

(get.) J.S. BOTHA

Handtekening

SUID-AFRIKAANSE POLISIE

DIST.6S

VEILIGHEIDSTAK

1981-01-22

SOWETO V2/ ....

Stasie leer

- 1108 -


ONDERSOEKDAGBOEK

EXHIBIT V2

SAP.S c-

Stasie: Veiligheid ~. . ..... .

Tyd, datum

80.04.1S

08hSO

80.04.16

9h16

13h32

80.04.28

80.0S.02

6h2S

80.0S.02

13h23

80.s.3

lShl0

80.0S.11

Navraag No.

Onderwerp word aangehou te Brixton selle

vanaf 80.04.1S om ongeveer 04hOO, hy

Verwysing

word aangehou onder Wet 62/1966 art. 22(1).

Al die voorwerpe en besittings van onder- (10

werp is van hom verwyder, daar is niks

waarmee hy homself kan beseer nie.

(get.) ?

Swartman NORMAN ~~NYEPOTE uit na PROTEA

vir verdere ondersoek, per KAPTEIN

MINAAR, instruksies.

(get.) ? S.161309G

Besoek. Geen klagtes of versoeke.

(get.) ? WSS4S ??

Verdagte word oorgeplaas na art. 6(1)

Wet 83/1967.

(get.) ?


(get.) ?


(get.) ?

Besoek. Geenklagtes. (get.) ?

Besoek. Geen klagtes.

(get.) ?

(20

(30

80.0S.12/ ....

80.05.12

80.05.16

11h15

12h30

- 11 09 -EXHIBIT V2

Aangehoudene deur die Inspekteur van

aangehoudenes besoek. K1agtes & ver

so eke met maj. Aucamp bespreek.

(get.) ?

Neem onderwerp uit na D.6 vir x-straa1

plate.

(get.) ? W5545W

Onderwerp terug. Nie dr. gespreek nie.

Geen k1agtes of versoeke.

(get.) ?

14h10 The subject booked out from Brixton

1980.05.19 Cells to Johannesburg for medical and

be x-rYe Ne-eem~.

(sgd) ? 5161166

1980.05.19 The subject back from ex-ry and was taken

15hOO back to the cells.

80.05.21

15h30

80.05.23

20hOO.

1980.05.23

13hOO

80.05.29

11hOO

(sgd) ? S161166

Besoek onderwerp in se1, hy het geen

k1agtes nie.

(get.) ?

Neem onderwerp vir ondersoek by Protea.

(get.) ?

Onderwerp terug te Brixton A.K.

Hy het geen k1agtes nie en ook geen

versoeke nie.

(get.) A.W. Olivier W48952E

Onderwerp besoek en tandepasta & tande

borse1 oorhandig. Geen k1agtes of ver-

soeke. (get.) ?

80.06.02/ ....

(10

( 20

(30

80.06.02

- 1110 - EXHIBIT V2

Deur Inspekteur van aangehoudenes besoek

- geen klagtes.

(get.) ?

1980.06.05 The subject out to Distr~t ? for medical

09h30 treatment.

(sgd) ? S161166

1980.06.05 The subject back from the cells.

IlhOO

80.06.06

10h57

80.06.13

7h45

80.06.16

80.06.20

Ilh40.

80.06.23

Ilh45

10h20

80.06.24

7h30

80.07.03

80.07.02

(sgd) ? S161166


(get.) ?


(get.) ?

Deur Inspekteur van aangehoudenes besoek.

Geen klagtes. Vra dat sy vuil klere

huis toe gestuur word om te was.

(get.) ?


(get.) ?

Besoek. Oorhandig een blou sweetpak en

toiletware. Geen klagtes of versoeke.

(get.) ? W5545W

Besoek. Geen klagtes nie.

(get.) ? Wernich Kol.

Onderwerp na Protea vir ondervraging.

(get.) ?


Nie/ ....

(10

(20

(30

80.7.23

16h35

10h20

80.07.04

Ilh15

80.07.18

80.07.28

09hOO

80.08.01

Ilh50

80.08.07

09hOO

80.08.11

12hOO

80.08.12

80.08.12

13hOO

- 1111 - EXHIBIT V2

Nie beskikbaar nie - uit op ondersoek.

(get.) ?

Terug vanaf ondersoek.

Geen klagtes.

(get.) ?

Onderwerp uit op ondersoek. Geen

klagtes of versoeke.

(get.) ?

Onderwerp terug van ondersoek. Geen

klagtes.

(get.) ?


(get.) ?


Geen klagtes of versoeke.

(get.) ?


(get.) ?


(get.) ?

Besoek onderwerp. Hy kla oor aarnbeie.

Kry lee houers vir In hervul.

(get.) ?

Besoek. Geen klagtes nie.

(get.) ? Wernich Kol.


Medisyne aan A.K. sers. oorhandig.

(get.) ?

12h05/ .••.

(10

(20

( 30

12h05

80.08.21

18h22

80.08.25

80.08.26

09h05

10h59

80.08.27

11h05

80.8.28

12h47

80.09.02

80.09.05

09h45

80.09.11

08h55

11h55

80.09.17

15h20

80.09.19

- 1112 - EXHIBIT V2

Besoek onderwerp, geen k1agtes.

(get.) ?

Besoek onderwerp, geen kr&gtes.

(get.) ?

Aangehoudene deur Inspekteur van ....

aangehoudenes besoek. Geen k1agtes of

versoeke.

(get.) ? (10

Besoek onderwerp. Geen k1agtes.

(get.) ?

Besoek: verk1aring MR1446-6-80 J.V.

Plein.

(get.) ?

Besoek onderwerp. Geen k1agtes.

(get.) ?

The subject visited from the cell at (20

Brixton. No complaints from the

subject.

(get.) ?

Deur Inspekteur van aangehoudenes ge-

spreek. Geen k1agtes of versoeke.

(get.) ?

Besoek, geen k1agtes.

(get.) ?

Besoek, geen k1agtes. (30

(get.) ?

13hOO/ ••••

13hOO

80.09.23

14hOO

80.09.27

11hOO

80.09.30

12h18

80.10.02

80.10.06

10h40

15h35

80.10.07

13h30

80.10.16

12h50

80.09.08

16h30

80.10.08

13h30

80.10.11

- 1113 -

Besoek, geen klagtes.


Besoek, geen k1agtes.

Besoek, geen k lagtes.

EXHIBIT V2

(get.) ?

(get.) ?

(get.) ?

(get.) ?

Aangehoudene deur Inspekteur van aan

gehoudenes gespreek. Hy het geen

klagtes of versoeke.





Besoek , geen klagtes.

(get.) ?

(get.) ?

(get.) ?

(get.) ?

(get.) ?

(get.) ?

13hOO/ •..•

(10

(20

(30

13hOO

80.10.16

- 1114 -


EXHIBIT V2

(get.) ?

-----------------------------------~-----------------------

Die volgende stempels verskyn op keersy van elke b1adsy van

hierdie bewysstuk:

Ek sertifiseer dat hierdie dokument In ware af-

druk/afskrif is van die oorspronklike wat deur my

persoon1ik besigtig is en dat, vo1gens my Haar-

nemings, die oorspronk1ike nie op enige wyse

gewysig is nie. (get.) L. Erasmus Kol.


DIST.65

VEILIGHEIDSTAK

1981-01-22

SOWETO

EXHIBIT wi ....

(10

- 1115 - EXHIBIT W

At 10.00 a.m./p.m. on this 28th day of November 1980

before me J.C. Folscher assistant Magistrate for the district

of Krugersdorp appears Anthony Beam (full names) (hereinafter

referred to as the deponent).

Apparently in his sound and sober senses.

The deponent has been brought by Lt. Wyngaard of the South

African Police to my private office and in the office there ....

are only myself, the deponent and Mr John Mbongo official

interpreter in the Xhosa language (which is spoken by the

deponent) and no-one else. The deponent elects to speak in (10

English but wishes the interpreter to be present.

The deponent is informed that he is in the presence of a

magistrate and is warned that he is not obliged to make any

statement whatsoever and if he should make a statement it will

be reduced to writing and may later be used as evidence against

him/her.

The following questions are put to the deponent and his/

her replies are recorded:

1. Do you understand the warning which I have given you?

Answer: Yes. (20

2. Do you wish to make a statement?

Answer: Yes.

3. (i) Has any person exercised any compulsion or influence

upon you to come and make a statement? I was not

forced or threatened.

(ii) If so, by whom, when and how?

Answer: N/a.

4. Were you influenced or encouraged to make a statement?

Answer: The Captain said it is up to me whether I make

a statement or not so I said I want to open my heart (30

before a magistrate.

(i) / ••••

6.

7.

8.

- 1116 - EXHIBIT W

(i) Were any promises made to you by any person should

you make a statement?

Answer: no.

(ii) If so, what promises?

(i)

Answer: N/a.

Do you expect any benefits if you make a statement?

Answer: No. ...

(ii) If so, what benefits?

( i)

Answer: N/A.

Have you previously made a statement to any person(lO

in respect of this incident?

Answer: No - not that was written down.

(ii) If so, to whom, when and under what circumstances?

(iii)

( a)

( b)

Answer: N/A.

Why do you wish to repeat this statement?

Answer: I want to tell everything to open my heart.

Are you under arrest?

When were you arrested?

(c) What is the date of the incident about which you

desire to make this statement?

Answer: (a) Yes.

(b) 20/11/1980

(c) I was arrested for terrorism since I left

the country especially during April 1980.

(20

9. Have you been assaulted or threatened by any person

after this incident occurred?

Answer: I was threatened by my "Kommisar" and Commandant

- Jabo and Ntsizwa respectively at the time we were

working together.

10. Have you any injuries to your person? (30

Answer: No.

11/ •..•

- 1117 - EXHIBIT W

11. Deponent is informed that if he still desires to make a

statement he may now do so:

I and a friend of mine were involved in a car theft. The

police were looking for us especialFf Hlubi. We were afraid

so we left the country via Mafikeng into Botswana. We stayed

in Geberone where we were arrested by the Botswana Police. We

were in cells for 1 week and a few days.

A certain Black man by the name of Keith came to see us.

He said that he was from the A.N.C. He said if we should join

his organisation we will have a marvellous life. (10

We will never want for food and clothes. He told us that

if we refused the Botswana Government will return us to South

Africa. We joined his organisation.

At the A.N.C. Headquarters we were issued with clothes

and food. We were interrogated one by one and after two days

we were taken to the airport. We were six men in a group. We

were flown to Zambia where we landed at Lusaka. We were met by

two men of the A.N.C. who took us to a house where we were

accommodated.

The next Monday we were flown to Dar-es-Salaam in Tanzania (20

where we were met by Mzwae Peliso who is one of the A.N.C.

leaders. We were lodged in Hotel Zanzibar for about one month.

After which we were flown to Luanda Airport.

In Angola we were taken to an Engineering Camp. The day

after which we landed the president of the A.N.C. Mr Oliwa

Tambo came to see us. In the camp we were about 400 men and

women from South Africa.

The president told us that we will be trained and then

later on we will go back to the R.S.A. on different missions.

We received lectures on politics and military matters. (30

We stayed in this camp until about the end of January 1977 when

wei . ...

- 1118 - EXHIBIT W

we were taken to another camp in Benguela, Southern Angola.

The camp is on a farm on which we saw many Cubans.

Mzwae Pelisa welcomes us to the new camp and told us that

here they will train us in the use ~ weapons and expl~sives.

We were issued with various types of weapons. We were also

trained how to throw hand grenades.

We were then moved to another camp further south at Nouva ....

Catenge where we received further military training by the

Cubans. We graduated after six months. Oliwa Tambu arrived

by helicopter for the graduation. He told us that some of (10

us will receive further training in Europe while others will go

to different camps in Angola.

I remained in the camp. We were a company of 90 men who

had to undergo further training.

We were not satisfied and there was some trouble in the

camp and 7 of us were arrested. We were taken to Luanda.

We continued training for another six months when we moved

in small groups to various centres. I was taken to, Kibashe in

Northern Angola where I was again trained in the use of weapons,

map-reading, politics, topography, guerilla warfare and the (20

use of explosives.

I was again moved to another camp at Fassenda further north

in Angola where I stayed for another six months dOing the same

kind of training.

I was returned to Kibashe camp where I worked in the

Camp's kitchen.

A man called Cabusa who was from the A.N.C. High Command

came to visit the camp.

I was asked by Cabusa if I am prepared to return to the

R.S.A. to fight. I replied that I am prepared to return to (30

South Africa because at that time I was longing very much for

my / ••••

- 1119 - EXHIBIT W

my home and people. I did not really consider fighting in

South Africa I just wanted to get home.

I waited three months before myself and 20 other men

were taken to Camp Funda. We were ~ceived by an Indisn by

the name of Razid who was the Chief Instructor, the Camp

Commandant Lawrence Mazanu and the political Commissar Ntokozo.

Here we were trained very hard. We were taken on survival ....

courses.

During this time various other trainees came and left the

Camp. We were trained for about three months when a man (10

Obadi and another called Johnny Sekgwadi came to see us. They

then took us to Luanda and from there to Mozambique where we

stayed in a private house. We were 7 men together. Cubusa came

the day after we had arrived. We stayed there for a month.

One of our group Thami and myself were taken by Land Rover

to Swaziland. We stopped near the border and when it became

dark we crossed over on foot. Another man by the name of

Johnny joined us.

Inside Swaziland we saw the lights of a car coming in our

direction. We laid a branch of a tree across the road. (20

Johnny did it, I did not know why. The car came along and

stopped. We three then climbed in and were taken away. On

the road we saw that there was a roadblock mounted by Swazi

soldiers. We were arrested and taken to Manzini. We were in

prison for about one week when we were released. We stayed

at a place called the "White House" for about one month.

Razid whom I have last seen in Angola arrived at the

"White House" with a group of six.

Johnny told me and Thami that the time is right to go to

the R.S.A. He told us where to meet him during the night. (30

He arrived by motor car and picked us up. We drove to

Babani/ ••••

- 1120 - EXHIBIT W

Babani where we stayed at the home of an A.N.C. supporter.

The next day Johnny took us to the Railway Station where

we met Cubas. Cabusa gave Thambi a necklace will identify

him to the R.S.A. contact. He also~aid that in futurg Thambi

will be in command until we meet with the contact who then

will take over from Thambi.

We were supposed to leave by bus but while Cabusa was

talking the bus left without us. We then followed the bus by

car and overtook it on the road. Thambi and myself got in. I

noticed that Cabusa and Johnny were following in the car. (10

We were given passports and reference books. My passport

was in the name of Enoch Dlamini. The reference book in the

name of Petrus Nkodsanga.

At the border gate we were checked by the police and let

through. I noticed that Cabusa and Johnny had left.

At Britain station we left the bus and took the train to

Johannesburg. We took another train to Soweto and left at

Naledi station. We were told that the contact will meet us

at 12 o'clock at Khwezi station. The contact did not meet us

but at 2 o'clock that afternoon we again went to Khwezi. (20

Thambi then had the necklace on. No-one met us that day so we

spent the night in a nearby graveyard.

The next day at 12 we were met by our contact Sipho

Ntsizwa. He took us to the Mzimhlophe Hostel. Sipho called

us Comrades and told us that we will have to live outside and

that we must not expect good living quarters as the base from

where they operate is also very bad and that it is under the

ground. (The deponent asked to delete last sentence.)

We made an appointment for 5 o'clock that afternoon. We

met at 4.30 p.m. and went to a place near Killarney and later(30

back to the grounds of the Mzimhlophe Hostel. Here we met

three/ •.••

- 1121 - EXHIBIT W

three other of our Comrades. The one was the Chief Commander

of our section. We were introduced, the commander's name is

Len and the other two Jabo and Seeiso. Jabo was the Commissar

and Seeiso the Chief of Security.

All of us then moved to an old Mine where we were given

some old corrugated iron sheets to built a hut.

We stayed there for three days. Len and Sipho used to

leave us during the day and returned at night.

After three days they said that they can see that we are

tough and that we will now get a home to live in. They opened (10

a cover over a hole in the ground. This was near the place

where we were staying. We entered and found under the ground

well-prepared spaces for sleeping and living accommodation.

This was the base of our command.

We knew that the police task force was deployed between

New Canada and the hostel. We thought that they were looking

for us so we left the base and lived in the location. We just

wandered around for about two weeks. We saw in a newspaper

that there were suspected terrorists near the old mines.

After two weeks we returned to the base. Sipho and Jabo(20

both had Makaroff pistols. Seeiso, Thambi and myself had no

weapons.

After a week in the base we went to a place about one

kilometer from the base where a trunk was hidden in the grounds.

We uncovered the trunk and four of us carried it back to the

base.

In the trunk were one RPG 7 rocket launcher, four A.K.s,

hand grenades and ammunition. The weapons were then hidden

in the base and the ammo and grenades were left in the trunk

which was then again buried nearby. (30

Len, the high command, then took Seeiso away, I later

learned/ ••.•

- 1122 -EXHIBIT W

learned that he was taken to Swaziland. We were then four

left in the base, myself, Sipho, Thambi and Jabo.

Sipho and Jabo left us during the day and returned at

night. One night they told us that ~ur work has start~, we

must now act.

Sipho was in charge. We split up in two's. Sipho and I

in one section and Jabo and Thambi formed another section.

Our task was to go out to reconnoitre the Booysens Police

Station. We watched the police station from about one

month before we decided to attack. Sipho, Thambi and myself (10

had A.K.s. Jabo had the RPG 7 and Len who had by then rejoined

us, also an A.K.

It was decided that we should use a motor car so Thambi

and I left to look for a taxi. Both of us were armed with

pistols.

We stopped a taxi in which there were already a man and

a woman as passengers. We told the driver to take us to a

place in the location.

We pretended to call someone I know from a house. No-one

came out. Thambi and myself then returned to the car. I (20

took my pistol out and threatened the driver. I gave him RlO

and told him we are borrowing his car and that he will get it

back the next day. The passengers were also told to get out.

I drove the car. The owner sat next to me and Thambi at the

back. We took him some distance away where we dropped him and

drove further to our Comrades. We picked them up. They all

had weapons. We drove to the Booysens Police Station.

We stopped near a garage. Sipho got out to see if there

was any danger. As he was climbing back into the car a police

van stopped opposite us on the other side of the street. (30

The policemen left the van and entered the police station.

Sipho/ .•..

- 1123 - EXHIBIT W

Sipho ordered us to attack. We climbed outside, deployed and

started firing at the police station. Jabo fired three shots

with the RPG 7. I fired one magazine nearly empty at the

police building. Our orders were to shoot at the building

and to avoid killing anyone.

We got the order to retreat to the car. We climbed in and

drove off back to our base. We left the car at Diepkloof Zone •

3 and walked further.

During the attach I and Jabo each lost a hand grenade.

We stayed in the base for about one week. Len had already(lO

left us.

The weapons were hidden in the base. We just wandered

around the location and the base for some time. When the

trouble started in Soweto over increase in rent Len returned

one night and told us we must attack Uncle Torn's Hall in

Soweto.

He left but returned the following week with a can full

of petrol and some pamphlets. Then one night we went to the

Hall. I asked the night watchman to use his telephone. I took

out my Makaroff and told the watchman to put his hands up. (20

We tied him up and left him in the toilets.

We threw the pamphlets outside the hall, poured the petrol

inside and put fire to it.

We returned to the base, and stayed there for a few days.

During this time a quarrel broke out amongst us after which

I was not trusted.

Len and Jabo went back to Swaziland.

Sipho got another two men to join us. They were Norman

and David. I knew them from Angola where we were trained as

fighters. (30

David was appointed our new Commander and Thambi the

Commissar/ •.•.

- 1124 - EXHIBIT W

Commissar. Norman was the chief of logistics and security.

Sipho was appointed to the High Command. He left us to stay

at another place.

During this period we were all sent out on reconnaissance.

Thambi was to keep a lookout on the Railways especially the

train bringing new motor cars from the coast. I, David and

Norman were to concentrate on full (fuel?) depots. -Sipho instructed us to concentrate on the economy of the

country - that was the order he received from outside.

I went with Sipho one night to a ditch near a Roman (10

Catholic Church. Amongst a lot of refuse in this ditch he ?

took out a bag. In the bag were three RPG sells, one new

Makaroff pistol and some timing devices used in explosions and

some batteries. We took these things back to the base.

One night Norman and I went out. I got very drunk and

slept in a bathroom in the hostel. Norman went back. We had

a rule that should one of us not return everything in the base

must be changed round, so that should the police come they must

find nothing. When I got back to the others they were mad at

me. (20

One night we heard someone on top of the base. Thambi went

up and caught a man who was busy cooking some meat. We were

afraid that we may get caught so all four of us left the base.

David and I left in one direction and Thambi and Norman in

another direction. We were to meet later that night. Only

Thambi turned up at the meeting place and told us that he and

Norman were stopped by two Europeans, and some black men in a

motor van. The Europeans called them to the van. They took out

their pistol and fired at the white men who returned their

fire. Thambi ran away but Norman was killed. (30

The next day we read about the incident in the paper.

We/ .••

- 1125 - EXHIBIT W

We left the base for about 3 weeks. With us we only

had two Makaroffs and one greande. We waited till dark one

night and then returned to the base. Everything was as we had

left it.

Sipho organised transport to take all our things away

from the base. It was a Toyota van. The driver came with

Sipho but was told to return about three hours later to fetch ~

us. He was told that we want to remove stolen goods but was

not told where to.

The driver returned at 11 p.m. We loaded all our things{lO

and the weapons into the van without the driver seeing what we

were loading.

We went to Diepkloof and stopped at a refuse dump.

We offloaded the van and told the driver to go away.

Sipho told us to follow him. We went further in to the dump

until Sipho stopped at a place. He moved some ash and un-

covered a big trunk. We then dropped all our weapons and ammo

and timing devices into the trunk and covered it again.

We dispersed but met again about 3 weeks later. There

were still some of our blankets and other equipment at the old {20

base which Sipho said we must get back so that we can start

a new base.

We saw the police patrolling around our old base where

Norman was shot but we did not know if they had discovered the

entrance to the base. We kept watch for days and then Sipho

and David left for the dump to get two of our A.K.s.

The next day we met at Meadowlands. We then had two A.K.s

and two Makaroffs. That night we went to the old base and

found that nobody has been inside and that the entrance was not

discovered. We took the rest of our equipment, food and {30

tools with us.

II ....

- 1126 -EXHIBIT W

I went to stay with an old friend at Shawalna. Thambi

came with me but sometimes he went away to stay somewhere else.

Sipho and David had the two A.R.s with them and also took

Thambi's Makaroff.

Sipho said he will bury the A.R.s near the place where

our new base will be established.

We again met a few days later. Sipho told us to go and

get 8 grenades from the hiding place. We also took a box of

time devices instead of detonators which we were told to take.

We hid the devices in the yard where we were staying. Thambi(lO

buried them.

The Commander gave four grenades to me and Thambi and one

Makaroff. They took one Makaroff and four grenades.

We again split up but arranged a meeting one month later.

At this meeting Sipho told us that the time has come for

us to act again.

It was arranged that I will go with Sipho to fetch deto-

nators and explosives.

We went to a place where I have never been before. It

was near the Mzimhlophe highway next to the hostel. Sipho {20

showed us where to dig and we uncovered a box. We took out some

detonators and explosives, after which the box was buried again.

David picked us up in a motor car and took us to Shawela

where we hid the explosives in a private yard. I and Thembi

stayed there.

The following evening Sipho and David returned. They

had a roll of electric wire with them. Sipho instructed me and

Thambi to lay explosives on the railway line near Dube Station.

We laid the explosives and used batteries and the electric

wire to explode the charge. This we did before a train arrived {3D

as we did not want to hurt people. This action was in support

of I .. .

- 1127 - EXHIBIT W

of the "Women Stay Away" organisation.

After the job was completed we returned to the place

where we were staying. We buried the explosives left over

from the train job.

We then continued to establish our new base. We made a

dugout with some poles and asbestos sheeting. We moved

our stuff to the new base where it was burieQ.

One night we went to a gathering of house-owners. They

discussed the rent. We had two grenades. After the meeting at

the church at Diepk~oof we went to the Municipal Offices. (10

We threw two grenades into the building.

We, that is Thambi and myself, still had 3 grenades and

one Makaroff with us. The other two had the same weapons.

We heard over the radio that a man and a woman were

injured in the explosions. We did not see them when we threw

the grenades.

Every night we had to work at our new base.

Once I went to Eyeto Cinema and while I was standing in

the queue I saw someone who trained with me in Angola. He

recognised me also but we did not speak to each other. I did(20

not trust him.

After the show as I went outside I was arrested.

SIGNED: ANTHONY BEAM.

This statement was taken in English at the request of the

deponent. The official interpreter Mr John Mbongo was present

all the time the statement was written down and thereafter

read over to the deponent who declared that it is correct

whereafter he signed it in my and the interpreter's presence.

Taken by me J.C. Folscher

In my presence

J. MBONGO.

Collection Number: AD2021 SOUTH AFRICAN INSTITUTE OF RACE RELATIONS, Security trials 1958-1982 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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