Amnesty Hearings — Johannesburg — 1998-10-12

MR VAN DEN BERG: Thank you, Mr Chairman.
	Mr Simpson, you're presently employed by the centre for the study of violence, is that correct?

GRAHAM SIMPSON: That's correct.

MR VAN DEN BERG: What is your position there?

GRAHAM SIMPSON: I'm the director.

MR VAN DEN BERG: How long have you been involved with the centre?

GRAHAM SIMPSON: Since its formation at the end of 1988, so just about 10 years.

MR VAN DEN BERG: What are your formal qualifications?

GRAHAM SIMPSON: I have a Master's Degree in History and a Law Degree.

MR VAN DEN BERG: What sort of work has the centre been involved in?

GRAHAM SIMPSON: Over the past 10 years we've been involved in a fairly broad range or work, primarily revolving around understanding political and social violence in South Africa.  We deal a lot with victims and victims' needs and provision of direct services to the victims and we have done considerable work in the areas of criminal justice reform, particularly in relation to policing.

MR VAN DEN BERG: You testified at Mr Kondile's criminal trial in mitigation of sentence.

GRAHAM SIMPSON: That's right.

MR VAN DEN BERG: You also prepared a report.  Mr Chairperson, that's contained at pages 16 and following in the bundle before you.
	Mr Simpson, you have a copy of the report in front of you.  Could you tell the Panel how you prepared this report, the methods you used in the compilation thereof.

GRAHAM SIMPSON: I must emphasise that the report was prepared only once Mr Kondile had been convicted of the murder of Mr Shandu and the attempted murder of Solomon Ngcobo.  So it was in that context that the report was prepared.  It was based on an acknowledgement of the Court's finding in that matter.
	The report was an attempt to build up some of the background in what was in my view a very dramatic context to this particular incident, both drawing on my experience in work in violence in industrial conflict but particularly in relation to the political conflict as it was playing itself out on the East Rand during that period.
	By way of methodology, I drew on a number of documents that had been prepared for the trial, in particular I drew on an affidavit by Mr Barry who was then representing Cheadle Thompson and Haysom in which a number of the incidents which I refer to my report were documented and the case numbers that I cite were drawn from that.
	I then went on to interview the chief shop steward at Langeberg Foods at the time.  I sought out a number of the South African Police Service personnel who were involved in the investigations but as I indicate in my report it was impossible to get hold of any of those who were directly involved.  And I interviewed the Chief Human Resources Manager at Langeberg Foods in relation to the conflict as well and he also provided me with extensive correspondence which had been in the hands of management during that period.

MR VAN DEN BERG: I understand, Mr Chairperson, that the report has been read.
	Mr Simpson, do you confirm the contents of the report?

GRAHAM SIMPSON: Yes, I do.

MR VAN DEN BERG: There are just a couple of aspects that I want you to elaborate on.  Firstly, at page 6 of the report under the heading
"A Chronology"

ADV GCABASHE: What page is that in the bundle?

MR VAN DEN BERG: It's page 21 of the bundle, sorry.
	You there deal with the interaction between the Food and Allied Workers Union and the IFP, particularly at the bottom of page 21 or page 6 of the bundle of your report.  Could you just read that into the record please?

GRAHAM SIMPSON: If I can just the context of this was an attempt to demonstrate that in fact what presented itself very much as a conflict taking place in and around the workplace had in fact in my view been entirely shaped by a wider set of political conflicts that were taking place in the area.  And the background was the very extensive politicisation of the trade union movement, the particular concerns with the IFP at that stage to utilise both UWUSA and hostels as key recruiting grounds in an area in preparation in the course of the negotiation process.
	The portion that I quote was drawn from a letter which reflected attempts by the IFP to secure that kind of stronghold and it was a letter to Langeberg management demanding amongst other things:
"The immediate re-employment of all IFP members that had been dismissed from the factory."
The reason I think this is important is because at that stage these were being referred to as IFP rather than UWUSA members and it's very important that both in the minds of a large number of the protagonists at the time, there was actually little distinction between FAWU and the ANC at that time and UWUSA and the IFP and this by reference to a letter on IFP letterhead to the management.   So there was an active process of engagement between the IFP and management in those guises. 
	The quote does go on to look at a demand, point 3:
"Disallowing the existence of any trade union in company premises."
And it suggests, certainly in the context it was very strongly motivated by the IFP at that stage, that they were trying to get FAWU's recognition undone as the majority union in that area or as part of a wider political struggle.

MR VAN DEN BERG: You then deal at page 8 of your report, 23 of the bundle, with an application for a firearm license by Mr Mkanya.  Can you comment on   that?

GRAHAM SIMPSON: Yes, this was also drawn from a letter written by Mr Ward of Langeberg Foods where in response to repeated pleas from Mr Mkanya who was the chief shop steward in the area, referring to, certainly in the interview that I had with him, five alleged attempts on his life.  There was it seems some recognition by management of the dangers of the situation and they wrote a letter supporting his application for a firearm license from which I've quoted saying
"To the best of our knowledge there should be no reason prohibiting Mr Mkanya from buying a firearm for self-protection."
The importance of that line for me in the Court record, in the Court proceedings, was precisely that I was trying to demonstrate that in the environment at the time there was a very strong sense, the people were under attack, unprotected and were very threatened and the resort to seeking arms for that purpose was both through illegal and through legal means.

MR VAN DEN BERG: Then at page 11 of your report, that's page 26 of the bundle, Mr Chairperson, you outline the details of a meeting between Mr Ward of Langeberg and a Mr Moosa Myeni, a leading official of the IFP.  Would you expand on that please?