Amnesty Hearings — Phokeng — 1996-05-20

MR CURRIN: Thank you Sir.
"These struggles at a local and community level had the backing and organisational support of the UDF, although this had been banned in
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Boputhatswana and of the ANC, both from exile and also following its unbanning in 1990.  In addition to this, given the
		proximity of certain segments of Bophuthatswana to the border with Botswana, a high level of infiltration of MK cadres occurred in this particular region.  Clashes between MK soldiers and the BDF ..."
That is the Bophuthatswana Defence Force -
"... and the South African Defence Force, took place around Zeerust, Ramaquabane, Lamutso and Singh.  Such clashes served as an inspiration for those persons resisting the government in the rural villages.  The ANC, while in exile, also sent strong messages to the population through broadcasts on Radio Freedom and through the President of the African National Congress, Oliver Tambo."
Furthermore, we will be calling a witness from the African National Congress to give whatever support is necessary, to this particular evidence. The extract which is quoted here deals with a message which is certainly a most unfortunate message, but it is important that that message be placed on record, and that appear in Shishaba, and it read as follows:
"Let the racist magistrates and lawyers shout their lungs out in scorn of the necklace method for punishing collaborators.  Let them call the
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people's courts Kangaroo Courts, if they want to.  But we shall always reply to  them by saying, when we say power to the
		people, we also mean the right to suppress the enemies of the people, we also mean the country's administration and control by ordinary people.
		Struggles during this period in Bophuthatswana and throughout the country were focused on destroying and destabilising the government at all levels.  In communities throughout the country attacks were launched against the most immediate representatives of government, namely the councillors, the policemen, the soldiers and all those who were perceived as collaborators.  Those who created government policies and sat in government largely escaped harm. Those that they placed in positions of authority at a local level were those who felt the brunt of the people's anger and frustration.  In many areas the political struggles that were waged around the slogan `Forward to People's Power', were struggles to remove illegitimate authorities at local level and to replace them with legitimate ones.  Hence, the emergence of block committees, of action committees as we saw in this particular case, of street committees, self-defence
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units and people's courts.
		In Bophuthatswana in the areas such as Garankuwa and Shisoshongowe which lay in
		close geographic proximity to Pretoria, this is precisely what was happening. In the more rural communities similar struggles were being waged, but the circumstances and the structures were different. The illegitimate authorities and those who were regarded as collaborators, like the deceased, who have been given positions of power by the previous President, the previous government of this homeland, against the wishes of the community as will be testified to later in this application.
		Throughout 1990, Bopthuthatswana saw intense resistance and confrontation with the security forces.  The UDF's Murphy Morobo acknowledging the role of local organisations, we emphasise local organisations because it is very pertinent, said at the time the disturbances in these areas are a vindication of our position that at the end of the day it is the people on the ground who will determine the future.  Both in the rural and peri-urban areas of the homelands, local civic structures under the broad umbrella of the Congress Movement, led the resistance struggles.  PHOKENG HEARING	AMNESTY/GAUTENG
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This was so in Winterveld, Phokeng and in the struggle against forced incorporation in Braklaagte and
		Leeufontein.  It was these struggles that ignited the widespread resistance that consumed Boputhatswana in 1990, the year under discussion, and it is necessary therefore to examine that briefly.  
		The people of Braklaagte first heard of the plans to incorporate them from the then Western Transvaal into Bophuthatswana in 1986.  They then embarked on a lengthy and peaceful campaign to resist incorporation.  They petitioned the National Party Government.  They wrote numerous letters to them requesting meetings and highlighting the issues in the Press.  They were ignored by the Government until 1988 when there was a ray of hope when Mr Gerrit Viljoen agreed to meet a delegation headed by the then Chief Pachsi Sebogode.  Two weeks later they were however incorporated into Bophuthatswana, as was the neighbouring community of Leeufontein who until then had known nothing of this plan.  
All these factors, Sir, are relevant to the background of the actions which gave rise to this application.
"Following a court application
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incorporation of Bophuthatswana was declared valid and from April 1989 the
		Bophuthatswana authorities and security
		forces moved into the villages.  This set off a cycle of resistance and bloody repression that has been well-documented.  The resistance culminated in July 1989 when nine policemen and two civilians were killed, following the banning of a community meeting at Leeufontein.  The leader, the president of Bophuthatswana, leader of the government, issued a strongly worded warning to these communities."
 This is what he said, and it is very important, if one recalls what was said: 
"Bophuthatswana is like a prickly pear, very strong, tasty, but it is also dangerous.  I warn you strongly not to abuse me.  I am not your dust bin.  Do not play games with me.  If you do I will prick and pierce you like the prickly pear".
		The South African government was quick to blame radicals and the United Democratic Front, which was banned in Bophuthatswana, for the turmoil, and they put the South African Defence Force and the South African Police on standby.  The Minister of Foreign Affairs, Mr Pik Botha said it has to be seen that the 
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security of South Africa and independent states are capable of ensuring calm.  He was, however, proved wrong.  Calm was
		not ensured and resistance continued.  The President, the then President of Bophuthatswana, his hold on power became increasingly tenuous, despite his insistence in 1990 that Bophuthatswana would, and to quote him `be an independent state one hundred years from now'.
		In 1994, deserted by his security forces and supported only by a small group of people, the Government of Bophuthatswana fell.
		It is within this context that we must look at the history of the Baphokeng and the history of the two applicants, Boy Niali and Christopher Mokgatle.  
		The Baphokeng, who number approximately
		300 000, live mainly in and around Phokeng, north of Rustenburg.  Phokeng is the main village in this tribal authority area with an additional 24 sub-villages.  While the Baphokeng have lived in this region since time immemorial, for modern purposes, one can start at the time of Sekethe III, who was the first of the line of Baphokeng Makwene Paramount Chiefs of which Chief Lebona Moloklehle is the 14th.
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Sekethe ruled from about the year 1700."
We start here very briefly - there is an anecdote from oral history which is worth repeating.
"During the reign of Sekethe's son,
		Diali, incidentally, around 1750, the Baphokeng came into conflict with the Barutsi.  The Barutsi who considered themselves senior to the Baphokeng would come to the area annually to castrate the bulls belonging to the tribe.  They would select the best young bulls for themselves, leave a few for stud purposes and castrate the rest.  This custom was carried out under protest from the Baphokeng, and it is said that it was carried out in order to insult them.  One year Diali's four sons gathered with spectators to watch this custom. And each one of them had a spear hidden under his karos.  At a given sign they attacked the Barutsi and killed them almost to a man.  Barutsi declared war on the Baphokeng and a decisive battle was fought on a mountain pass.  The Baphokeng emerged as victors and ended the Barutsi's attempt at dominance.  
		Today there is a pile of stones which is 16 metres by 4 metres high in the pass.  Passers-by are required to drop a stone in memory of those who fell.
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The previous chief of the Baphokeng was Chief Lebona Edward Molekhle who was quite publicly opposed to the homeland independence, as we know died last year. The conflict and animosity between the tribe and the Bophuthatswana Government dates back to this time.  The conflict has many facets to it, not least of which is the conflict over resources.  The Baphokeng had title to their land since 1883 and this land is situated on the Morenski Reef, which is where 80% of the world's platinum is mined.  The platinum mining contributed around 45% of the gross domestic product in Bophuthatswana and the Baphokeng receives approximately R75 million annually in royalties from Impala Platinum as a 16% royalty payment.  Between 1970 and 1990 close to 1 billion has been paid by Impala Platinum to Bophuthatswana in tax, mining leases and royalty payments.  In addition it pays approximately R465 million each year in wages and benefits to its employees."
I should add that a large percentage of these employees are from Baphokeng.
"Under independence the head of the previous Bophuthatswana Government inherited from the South African Government the position of trustee of the Baphokeng lands and mineral rights."
This is very, very important for this application.
"As trustee he was entitled, amongst
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other things, to scrutinise the
		financial records of the mine.  A right which was not accorded to the tribe, the rightful owners of the land.  This dispute has been the subject of many court applications over many years and served to aggravate the political conflict between the tribe and the previous Bophuthatswana Government.  In all court disputes the president of Bophuthatswana sided with Impala Platinum, which as the tribe's attorney, James Sutherland said at the time, was extraordinary; as trustee he should co-operate and litigate on behalf of the Baphokeng, instead he sided with the mine.  
		Chief Molekhehle insistently refused to take up the seat to which he was entitled in the homeland legislative assembly, and also refused to raise the Bophuthatswana flag at the tribal offices.  In 1983 the Baphokeng attempted to secede in accordance with section 82 of the Bophuthatswana Constitution, by passing a tribal resolution.  In response to this the president of Bophuthatswana visited Phokeng in May 1983 and told the tribe that their letter, which was sent to him, is a dream.  I have also come to 
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tell you, he said, you must trek; I say
		vacate.  I am going to conduct a commission of inquiry here and I want you to know that from now on we are going to declare a state of emergency in Phokeng.  This was proclaimed on the 9th of May 1983, and back-dated to the 6th of May."
I am not going to read the content of the emergency regulations. 
"The commission of inquiry, the results of which were never published, was intended to determine, amongst other things, whether or not Chief Molekhehle was the rightful chief.  However, the then president of Bophuthatswana did return to Phokeng in April 1984, to tell the tribe ..."
And I must quote again, because it is in a statement which had consequences -
"... let me tell you it will never happen.  No matter what you may do, you will never secede from Bophuthatswana and be independent.  That will never happen.  We will deal with you as we deem fit.
		There was a steady deterioration from then on in relations between the tribe and the chief and the president of Bophuthatswana. 
		In 1987, during a meeting between the 
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chief, his wife and all 70 headmen, the
		president of Bophuthatswana said to the chief, you are a little infected finger which was affected by disease and must be cut away.   He said that to the chief.  On February 10 1988, an attempted coup took place in Mmbatho which was led by a person who was the leader of the Progressive People's Party and who also happened to be a member of the Baphokeng tribe, Rocky Malabane Mtsing.  The coup which was lasted 15 hours, was summarily stopped in its tracks by the South African Government.  The South African Defence Force entered the city, paratroopers staged a dramatic rescue of the president and his colleagues, who had been held in Mmbatho, in the Independent Stadium.  The military force was backed up by a very public show of political support. PW Botha was present, various other dignitaries, Magnus Malan and Minister Adriaan Vlok.  That evening, after the coup had been crushed, the then President of South Africa announced well, we have had these problems, but we are back in control, and then he corrected himself and said the President of Bophuthatswana is in full control. The reaction of the coup throughout the 
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country had been one of celebration and
		jubilation.  Somewhat premature, as it turned out.  In Phokeng, Winterveld, Odimoritele, Unibo and elsewhere, people sang freedom songs, they toyi-toyed and they celebrated the downfall of the government.  The retributive clamp-down that followed was swift and severe.  In Phokeng itself the chief and his wife with several members of the tribe were detained without charge on suspicion that they had been involved in the coup attempt.  The chief was accused, during his interrogation, of being an executive member of the PPP, by giving Mtsing money for the coup and of using Mtsing as a front for a society of chiefs who wished to oust the then President of Bophuthatswana.  The suspicion of his involvement in the coup was never proved and was based on a somewhat flimsy premise that because the PPP which had led the coup had won all five seats in the 1987 election.  The chief and those in authority had been involved in the coup.  No evidence to this effect has ever been produced.
		Following the coup the perpetrators were charged in the Supreme Court of Bophuthatswana and they were convicted.  In addition, the commission of inquiry 
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was appointed to investigate the
		involvement of the PPP in the coup, which resulted in the party being declared a banned organisation in terms of the Internal Security Act.  At no time,  during either the trial of the participants in the coup or during the commission, was the chief, his wife or other detainees from the tribe ever mentioned.  Despite this, the harassment of the chief, of his wife, Mrs Molokegle and other members of the tribe continued unabated.  
		Soon after his release from detention Chief Molokegle arrived at his home on the 18th of March and saw between 20 and 25 police vehicles in the driveway.  He decided to drive through the yard and exit.  He was able to do this undetected, as he was in a Kombi at the time and none of the policemen realised it was the chief.  He then left the country and went into exile in Botswana. Before leaving he appointed his Longwana, Mr Cecil Timochole, then a deputy chief as acting chief during his absence.  This was a decision supported unanimously by his headmen.  
		The continuing harassment of the tribe took many forms, but it is worth here looking briefly at the harassment of Mrs Moloklegle and the Baphokeng Women's Club in particular. 
		From the time of the coup until mid July
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1988 Mrs Mologlegle was questioned and/or her home was searched by members of the
		police and army, a total of 16 times.   Her phone was cut off.  The organisation which she headed, the Baphokeng Women's Club was banned in terms of the Internal Security Act.  When a successful court application had the ban overturned the President of Bophuthatswana in his capacity as Minister of Law and Order, then proclaimed the club an illegal organisation.  The harassment culminated in Mrs Moloklegle residence permit being revoked, despite the fact that she had been living in the area for 28 years.  In addition all meetings of the Baphokeng tribal authority and the tribal council were banned.  These events made it increasingly difficult for the tribe to emerge and co-ordinate their affairs.  
		Despite the fact that Chief Moloklegle had appointed Cecil Mpumigole as acting chief and despite the fact that brothers are not supposed to stand as regents for absent chiefs, the President of Bophuthatswana unilaterally appointed the chief's brother, George Moloklegle into this position.  This was fiercely opposed by the tribe.  In a letter from the tribe, on the 10th of July 1990, to 
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the then President of South Africa, it was stated his absence over the past two
		years has left the tribe without their chosen and respected chief, and President Mangope has seized the advantage created by this vacuum and appointed in his stead the chief's brother, who acts in accordance with the government's behest and not in a manner which enjoys the support or respect of the tribe.
		With the appointment of a sympathetic acting chief, the President of Bophuthatswana also ensured that persons sympathetic to him occupied positions of power within the tribal council.  Among other appointments was that of Glad Mokgatle as the chairperson of the tribal council.
		From 1980 onwards the tribe made repeated attempts to resolve the conflict with the President of Bophuthatswana and to ensure the safe return of Chief Lebona Molokegle.  These attempts were met without exception with rebuff, harassment and repeated detentions.  On the 4th of April 1990 the tribe wrote to the President of Bophuthatswana, requesting an appointment to discuss the leadership of the Baphokeng.  All the signatories to 
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this letter were picked up at their homes in the early hours of the morning and
		taken to Mmabatho on the instructions of the president.
		The President of Bophuthatswana continually threatened to detain Chief Molokegle if he returned to the region.  This threat was made to the entire tribe when the President of Bophuthatswana addressed a meeting in Phokeng on June the 25th 1990.
		The President of Bophuthatswana refused to meet the tribe unless the request for a meeting came through the acting chief.  When the representatives failed to secure a meeting with the President, they, despite the fact that the acting chief, was in their view, part of the problem, wrote to George Molokegle requesting a meeting.  The response to this on June the 9th 1990, was the arrest and detention of 20 persons who were associated with the request.  Such detentions also included Mrs Molokegle's typist who happened to be five months present at the time, merely on the suspicion of having typed the letter.  On the 15th of June another letter was written, calling for the resignation of the acting chief.  This letter was signed by about 1 000 members of the 
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tribe.  It was then delivered by approximately
		1 000 people to the civic centre. 
		Letters were also written to the then President of South Africa, President De Klerk, and to the Minister of Foreign Affairs, Minister Pik Botha, but to no avail.  In the letter to Mr De Klerk the tribal representatives voiced their concern over the level of tension in the region."
Mr Chairperson, it is important that one is aware of the extent to which these representations were made.
"It has become clear that our efforts to achieve any proper resolution of this problem through dialogue with the Bophuthatswana Government are fruitless.  Feelings amongst the Baphokeng community have reached a very high level of tension and anger.  This was made manifest when Pres Mangope was loudly booed by the community when he recently addressed them."
That is to quote from the letter -
"It must be clear here that these events were taking place during 1990, a momentous year, the year of change throughout South Africa, not least of which was the unbanning of the African National Congress, the PAC as well as the release of imprisoned leaders, including our present President, Mr
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Nelson Mandela.
		These events appeared to harden the attitude of the Bophuthatswana Government, which had become increasingly resistant to change, and to threats to powers.
		Hundreds of thousands of people in Bophuthatswana, including many members of the Baphokeng tribe had joined the ANC upon its unbanning.
		In an article by Dennis Beckett - at the time the article was entitled The Tribe that Lost its Chief.  Reference is made to this.  He wrote:
`In the vicinity of Sumani Mokgatle's palace it is nothing unusual to see people wearing ANC T-shirts. In the eyes of much of Bophuthatswana officialdom, the green, yellow and black insignia is a red rag to a bull.
		In Phokeng itself a Press statement released following the June detentions, the tribe said the following:  One cannot overlook the events and profound changes that have and are continuing to take place in Southern Africa.  In expressing the wish of the Baphokeng tribe to meet with the President of 
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South Africa, to voice the
		dissatisfaction of the tribe and the government of Bophuthatswana.  The delegation was doing nothing more than seeking to join the rest of South Africa's black communities in achieving a unitary state in which everyone would have equal rights.
		Political tensions and conflict were increasing throughout Bophuthatswana during this period. In an interview in March 1990 Mr Walter Sisulu described the unrest in Bophuthatswana as a popular revolt against repressive dictatorship.  He went on to say `we in the ANC have welcomed this popular rejection of undemocratic tyrannies which have been imposed on our people. Our people were never consulted on the Bantustan system'.  The acting chief in Phokeng and the chairperson of the tribal council despite the ever-increasing tension within the community, attempted to convene meetings of the headmen.  When most of the headmen refused to attend such meetings they were fined.  When they refused to pay these fines they were arrested and charged.  The chairman of the tribal council, Mr Glad Mokgatle became increasingly unpopular and as a member 
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of the tribe himself, his actions and
		those of other supporters of the Bophuthatswana Government were viewed as traitorous and disloyal to the chief.  Mr Mokgatli was increasingly viewed as nothing more than an instrument of the previous government and viewed as illegitimate.
		On the 29th of December 1990 a meeting of the Phiris, all the active men of the tribe between the ages of 18 and 65, was held at the Roman Catholic Church.  At this meeting various issues were discussed relating to the chief and the ongoing administration.  The meeting was informed that the chief could still not return out of fear for his safety, and that his health was deteriorating.  The meeting resolved that those representing the Bophuthatswana Government in Phokeng, those persons working under Glad Mokgatle, at the civic centre, should not longer be allowed to handle the affairs of the tribe.  They were regarded as illegitimate and questions were being asked about their role in the theft of money from the tribe.  It was resolved therefore that the Phiris would go to the civic centre to regain control over their own affairs and they would obtain the keys to the building for this
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purpose."
I will not deal with the rest of this submission at this stage, because it then moves into the actual events and the actual circumstances of the representations which were made and the incident which gave rise to the murder around which application revolves.
	I now would need to call three witnesses, who will be testifying to specific issues within this document and elaborating on some of those issues.  We would request, if it is possible, a five-minute adjournment just to get our witnesses in line.  They are within the community.  The applicants are sitting there.  The witnesses are available. I have not seen them, I can't see them at this moment, but it would be opportune just to organise them and to agree on the order in which we call them. 
	In conclusion, I would just like to thank you for your indulgence in allowing me to place this background paper on record.  We believe that it is very important that it was placed on record. I thank you, Sir.