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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
IN THE SUPREME COURT OF SOUTH AFRICA
(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
IN THE SUPREME COURT OF SOUTH AFRICA
(WITHATERSRAND LOCAL DIVISION)
EXHIBIT L
SOc Revenue Stamp
In the matter of -
THEMBA TSHONGHE
versus
WARRANT OFFICER VAN WYK
LIEUTENANT TROLLIP
THE HONOURABLE THE MINISTER OF POLICE
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;
2. Judgment in the sum of R12 000,00 against the
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,
51 Commissioner Street,
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 -
PRISCILLA JANA AND ASSOCIATES
EXHIBIT L
Annexure "A"
Annexure "B"I ...•
- 1065 -
PRISCILLA JANA AND ASSOCIATES
ATTORNEYS
2nd floor Abbey House,
51 Commissioner Street,
Johannesburg 2001
Telephone, 838-7618/9
Box 61875 Marshalltown 2107
Our ref: DPJ/IK/M145
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.
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 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
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 (20
of the Police Act when so assaulting and injuring our
client; and/or
d. You and your colleagues were not acting in good faith
whilst so assaulting and injuring our client.
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
PRISCILLA JANA AND ASSOCIATES
A "C"/ nnexure .•...
- 1068 -
PRISCILLA JANA AND ASSOCIATES
ATTORNEYS
2nd floor Abbey House,
51 Commissioner Street,
Johannesburg 2001.
Telephone 838-7618/9
Box 61875 Marshalltown 2107
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
From the 11th April and for a number of days thereafter
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
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 provided had lapsed ...
by the time he was released from detention.
Our client therefore contends that he is in law excused
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
b. In the circumstances under which our client was kept
during the said period, it would constitute uncon-
scionable conduct for you to rely on the provisions of
section 32 of the aforesaid Act; and/or
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
IN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL DIVISION)
In the matter between - CERTIFIED A TRUE COpy OF
THt: ORIGINAL
(sgd) ? Asst. Registrar
Plaintiff NORMAN MASEDI MONYEPOTE
and
WARRANT OFFICER VAN WYK
LIEUTENANT TROLLIP
THE HONOURABLE THE MINISTER OF POLICE
(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,
2nd floor Abbey House,
51 Commissioner Street,
Jhb.
Tel: 838-7618/9 rf M145
EXHIBIT N
Special Power / •••••
- 107S -
SPECIAL POWER TO SUE AND DEFEND
IN THE SUPREME COURT OF SOUTH AFRICA
(WITWATERSRAND LOCAL ~IVISION)
EXHIBIT N
SOc Revenue Stamp
In the matter of -
NORMAN MASEDI MONYEPOTE
versus
Plaintiff
WARRANT OFFICER VAN WYK
LIEUTENANT TROLLIP
THE HONOURABLE THE MINISTER OF POLICE
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:-
1. Judgment in the sum of R12 000,00 against the
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,
51 Commissioner Street,
JOHANNESBURG.
Annexure "A"/ ...
- 1080 -
PRISCILLA JANA AND ASSOCIATES
ATTORNEYS,
2nd floor Abbey House,
51 Commissioner Street,
Johannesburg 2001.
Telephone 838-7618/9
Box 61875 Marshalltown 2107
Our ref: DPJ/IK/M145
Your ref:
EXHIBIT N
Annexure "A"
10th March 1981
Warrant Officer Van Wyk,
Protea Police Station,
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.
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 provided had lapsed
by the time he was released from detention.
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
b. In the circumstances under which our client was kept
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
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 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.
Should there be no payment within a period of one month
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
PRISCILLA JANA AND ASSOCIATES
Annexure "B"I ....
- 1083 -
PRISCILLA JANA AND ASSOCIATES
ATTORNEYS
2nd f loor, Abbey House,
51 Commissioner Street,
Johannesburg 2001.
Telephone 838-7618/9
Box 61875 Marshalltown 2107.
Our r ef: DPJ/IK/M145
Your ref:
EXHIBIT N
Annexure liB"
10th March 1981.
Lieutenant Trollip,
Protea Police Station,
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.
From the 11th April and for a number of days thereafter
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"
He was detained until 22nd October 1980. During the
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.
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
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
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
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 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
whilst so assaulting and injuring our client.
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.
Should there be no payment within a period of one month
-' proceedings will be instituted against you in the Witwaters-
rand Local Division of the Supreme Court of South Africa.
Yours faithfully,
(sgd) P. Jana
PRISCILLA JANA AND ASSOCIATES
(10
Annexure "C"I •..•
- 1086 -
PRISCILLA JANA AND ASSOCIATES
ATTORNEYS
2nd floor Abbey House,
51 Commissioner Street,
Johannesburg 2001.
Telephone 838-7618/9
Box 61875 Marshalltown 2107.
Our ref: DPJ/IK/M145
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.
He was detained until 22nd October 1980. During the
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.
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 provided had lapsed (10
by the time he was released from detention.
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 the very
persons 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 (20
section 32 of the aforesaid Act; and/or
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
rand Local Division of the Supreme Court of South Africa.
Yours faithfully,
(sgd) P. Jana.
PRISCILLA JANA AND ASSOCIATES
(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 -
SUID-AFRIKAANSE POLISIE
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.) ?
Besoek. Geen klagtes of versoeke.
(get.) ?
Besoek. Geen klagtes of versoeke.
(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
Besoek. Geen klagtes of versoeke.
(get.) ?
Besoek. Geen klagtes of versoeke.
(get.) ?
Deur Inspekteur van aangehoudenes besoek.
Geen klagtes. Vra dat sy vuil klere
huis toe gestuur word om te was.
(get.) ?
Besoek. Geen klagtes of versoeke.
(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.) ?
Deur Inspekteur van aangehoudenes besoek.
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.) ?
Besoek. Geen klagtes of versoeke.
(get.) ?
Deur Inspekteur van aangehoudenes besoek.
Geen klagtes of versoeke.
(get.) ?
Besoek. Geen klagtes of versoeke.
(get.) ?
Besoek. Geen klagtes of versoeke.
(get.) ?
Besoek onderwerp. Hy kla oor aarnbeie.
Kry lee houers vir In hervul.
(get.) ?
Besoek. Geen klagtes nie.
(get.) ? Wernich Kol.
Besoek. Geen klagtes of versoeke.
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>es.
(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 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.
Besoek, geen klagtes.
Besoek, geen klagtes.
Besoek, geen klagtes.
Besoek , geen klagtes.
(get.) ?
(get.) ?
(get.) ?
(get.) ?
(get.) ?
(get.) ?
13hOO/ •..•
(10
(20
(30
13hOO
80.10.16
- 1114 -
Besoek, geen klagtes.
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.
SUID-AFRIKAANSE POLISIE
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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