Amnesty Hearings — Palm Ridge — 1998-11-23

SALLY SEALEY: That is correct.
"The way the Independent Board of Inquiry worked is that we would be called in by communities, for example the community of Thokoza or Polla Park, the informal settlement in Thokoza.  We would be called in when there had been an attack on the settlement.  We would go in and take statements from the various victims because they were too afraid in many cases, to approach the police.
	Those statements in the early days, particularly in 1990, the pattern of violence in the early 1990's in the Katorus area which is the Thokoza, Vosloorus and Khatlehong area, was actually, one could characterise it as attacks by large groups of men wearing, carrying traditional weapons and wearing red headbands.  These men were identified as members of the Inkatha Freedom Party.  
	Those attacks took place between July/August 1990 until December 1990.  The Thokoza township, in particular the informal settlement of Polla Park, suffered very dearly from those attacks.  Hundreds of people were actually killed in Polla Park, shacks were burnt.  
	One of the main problems in Polla Park was that the Polla Park settlement was right next to the Kalenjoni Hostel and many of the attacks emanated from that hostel.
	Towards the end of 1991 ...(interpreter interrupts proceedings in Zulu - no English translation) 
	... the order to Michael Palmer was in fact a police informer.  This obviously raised the possibility that certain police members may have had knowledge of the attack and had failed to intervene.
	The attack on the IFP marchers at the time led directly to the assassination of Sam Ntuli, a local civic leader in Thokoza.  This attack happened in the October of 1991.  Following Sam Ntuli's funeral a number of attacks occurred and several people were killed. 
	Following these three events violence in the area spiralled.  Victims' statements which were taken by the Independent Board of Inquiry at the time, revealed the role of the SAP during the violence.  Sometimes there was evidence of direct collusion between members of the IFP and the SAP.  For example, we would receive statements were IFP members were to be seen getting in and out of police vehicles. More often or not though the complaint from the community was the police failed to intervene when they were under attack.
	A further complaint was that when people were trying to defend themselves against the IFP, the police had a tendency to fire teargas in their direction. 
	Apart from the various statements the IBI took from victims, the IBI also played an important facilitation role.  Often the police in the area were unable to take to witnesses due to the lack of trust.  The IBI however managed to build bridges between some of the members of the SAP and the community.  
	I can recall at least nine meetings with the local station commander and the head of the Political and Violent Crime Unit at the time, who was a man by the name of Colonel Benn.
	During this period the IBI compiled monthly reports on the violence which were available to the public.  We also published a number of specialised reports on the violence.  These included the role of hostels in the violence, the role of the South African Police service, as well as an indepth look at train violence.  We also published a document which related to police torture of victims on the East Rand and other areas.
	In 1994 the Independent Board of Inquiry along with another NGO by the name of Peace Action produced a booklet entitled "Before We Were Good Friends", which highlighted the plight of hundreds of residents on both sides of the political divide which had been forced to flee their homes due to the conflict.
	One of the first successes of the IBI was to assist the Goldstone Commission Inquiry into the violence which engulfed the East Rand following the assassination of the Thokoza civic leader, Sam Ntuli.  IBI assisted with the gathering of statements from various witnesses which gave the Commission new insights into the causes of violence.
	The Independent Board of Inquiry also played an important monitoring role and was often able to warn the police of possible violence in the area and to identify flashpoints.  
	Despite our efforts to build relations with the South African Police in order to promote peace in the area, our efforts were often undermined.  For example, we would often facilitate the bringing of witnesses to the police station and then once statements had been taken we would be assured by members of the police that should they wish to contact the witness again they would contact the witness via us.  Very often they broke this agreement and went directly to the witnesses.  This often led to witnesses refusing to testify in open Court.
	The role of the Internal Stability Unit in the area undermined many a peace effort.  In 1993, after several Self Defence Unit members were detained under the unrest regulations, it came to light that many had been tortured.  This resulted in an urgent interdict being granted in the High Court, preventing the police from further torture and assaults.
	As a result of this the then police reporting officer of the Witwatersrand, Advocate Jan Munnik, investigated these allegations.  Many of the allegations were backed up by medical evidence which was consistent with what the detainees had alleged.  During the course of Advocate Munnik's investigations he found two shock machines in vehicles belonging to the Internal Stability   Unit. 
	The IBI also investigated a number of high profile assassinations in the Thokoza area.  In the case of ANC Treasurer, Dan Makanja, who was forced into the hostel while travelling in a taxi, the IBI was contacted within minutes of this incident.  The police were called but they failed to intervene.  Makanja's body was found the following day at the Germiston mortuary.
	As a result of this the IBI facilitated a meeting between the community and the police where it was suggested that the police should post policemen at the hostel gates and prevent taxis carrying passengers going into the hostel.
	Unfortunately this suggestion was never acted upon and a few days later the IBI was informed of the death of Lucky Mkwanasi, who had been forcibly taken into the hostel.
	In this case the IBI personally contacted the Internal Stability Unit and were told that they had no vehicles to spare.  The local police refused to assist and as the last resort we approached the South African Defence Force who were only prepared to enter the hostel if we escorted them to the hostel gate.
	After having entered the hostel the SADF came out and gave me the windscreen of Maki Benasi's car.  His body was found at the Germiston mortuary the next day.  I can detail several other similar cases should the Committee wish to hear them.
	Cases like the above were reported to Amnesty International and the detainees' cases were taken up at an international level.  
	The IBI was involved in briefing various international human rights organisations as well as diplomats and other interested groups in regard to the violence on the East Rand.  We were also involved in a number of legal aspects.  For example many of the people arrested during this period were victims of torture and vicious assaults.  The IBI assisted a number of these people to get legal representation. In cases where people had been injured as a result of the violence, the IBI tried to facilitate medical treatment.  
	We were involved in the training of the local community members in basic investigation techniques.  This was done primarily to safeguard forensic evidence for the South African Police service.  What used to happen is that after an attack residents would pick up empty cartridges and place them in the drawers at their homes and they would never be seen again.
	The IBI held workshops which emphasised that when the police were not available and where it proved impossible to guard the crime scene, sketches should be made and notes made of exactly where a particular cartridge was picked up.
	There were local photographers that were roped into this scheme and they took pictures of the evidence.  Workshops tried to show residents that when they picked up for example bullets and other evidence that they should use plastic bags to try and prevent contamination.  This actually assisted the police in many areas because very often they couldn't be at the scene at the time of the incident.
	Shortly after the first democratic election, the IBI was instrumental in encouraging local Self Defence Units to support a call to hand in weapons. On October the 22nd 1994, a number of AK47s and other weapons were handed into the Thokoza Police Station.
	Following this the IBI was asked by the Gauteng Ministry of Safety and Security to draw up a plan with SDUs regarding their future.
	At all times my main concern has been to bring an end to the violence which costs thousands of lives in the area.  Hence my role in encouraging Self Defence Unit members to apply for amnesty.
	Although it took some time persuading them, at the end of the day the vast majority of Self Defence Units in Thokoza have supported the amnesty process.  It is a unique situation.  The vast majority who have applied for amnesty are not in prison.  It has become clear to me that they have applied so that a clear picture of their role in the violence during this period can emerge.
	In the six to seven years that I have worked in the Thokoza/Khatlehong area, I've come to know many of these young men who will be applying for amnesty over the next couple of weeks.  Most of them have lost family and friends in this conflict, others have lost limbs and the full use of their bodies and yet they have embraced the concept of reconciliation.
	I'm well aware that some individual SDU members have been involved in atrocities.  We only have to look at the recent Moleleki hearings where SDU members were involved in the killing of ANC Youth League members to see that.
	It is clear that not all Self Defence Unit members were disciplined and abided by the code of conduct.  It is my belief that those individuals should be dealt with accordingly.
	During the course of my work I have been shot at, had a gun pointed at my head, stoned and threatened with burning.  I have been threatened and intimidated by the South African Police service and the IFP.  Threats by the IFP followed the funeral of the IFP member, Sebeth Khumalo.  
	While monitoring this funeral I witnessed members of the IFP shoot a young man in the Extension 1 area of Thokoza.  I noted the registration of the vehicle the attackers were travelling in and gave this information to the SADF who were patrolling the area at the time.
	The vehicle was apprehended and several men were arrested and a number of unlicensed firearms were found.  I testified in the court case and as a result of this one IFP member was sentenced to 20 years.  During the course of the funeral I was threatened by an IFP leader, and at the subsequent court case.
	I would just like to bring it to the Committee's attention that according to the IFP every time there was an outbreak of violence in Thokoza a white woman, namely myself, was seen driving a white Toyota Corolla in the area a few hours before the violence began.  
	I understand that the IFP are claiming that I was personally involved in violent acts and I would just like to take this opportunity to point out that at no time have I become personally involved in the conflict that engulfed the East Rand.  My role has been one of investigation and research.  And I find it interesting that this allegation arose after I testified against one of their members in open Court. 
	I would also like at this point if I may, to clarify my role in assisting the Self Defence Units in filling in their amnesty forms.  A series of meetings were held in the various sections of Thokoza and I was invited to attend these meetings due to the fact that I had worked in the area for many years.  
	At first very few SDU members applied for amnesty but as the deadline for applications drew closer more expressed an interest in applying.  On May the 10th 1997 we were faced with at least 150 people wanting to apply for amnesty.  I then assisted a number of the SDUs in filling in their forms.
	As most of them at the time could not remember specific acts for which they needed amnesty for, it was agreed to fill in the forms and write that they were applying for acts that they had committed whilst defending the community.
	A further problem at the time was that many of them, due to the nature of the conflict, were unable to give evidence, were unable to identify whether they had actually injured or killed anybody during the firing of AK47s or any other weapon.
	We agreed that this was a problem and that is how the forms were filled in, in the hope that at a later stage the applicants would be able to supplement their amnesty forms.
	The fact that some of the amnesty forms were phrased in that way was due to the nature of the conflict in the area.  Often areas would be attacked, SDU's would respond by firing several rounds and then run off or be chased by the Internal Stability Unit, therefore having no idea whether the shots that they fired actually injured or killed another person.  In these encounters they were never on the scene long enough to determine this.
	It is my understanding that the Truth and Reconciliation Commission has requested further particulars in regard to what acts were committed defence of the community, and these have been forthcoming.
	I'd also like to point out that when they filled in these amnesty forms they did not have legal representation at the time.  Most of the forms were filled in by myself and I do not have legal training.  So I hope that kind of explains some of the problems that have been experienced with the amnesty applications.
	Finally, I would just like to thank the Commission for giving me this opportunity to give this evidence."