Human Rights Violation Hearings — Bisho — 1996-11-18

JOHANNES JACOBUS VIKTOR: I then state, this is not a statement but a memorandum drafted during and after a consultation between the Attorney General and General Viktor on the 10th of September 1992.
 I am a Commissioner of Ciskean Police on secondment from the RSA where I retired from the South African Police with the rank of Major General.  I knew about the march by the ANC/SACP alliance first planned for the 9th of September, that is now 1992, later changed to the 7th of September.
 I was away the preceding week.  When I left the government's stand, that is now the Ciskean Government's stand, was not to allow any march at all.  I returned on the Saturday and heard planning done by Major Simms of Riot Unit of the Ciskean Police and the CDF on Wednesday the 2nd of September 1992.  The plan was for roadblock at border on King Williamstown/Bisho Road manned by the police with army as support and backup.  There was a further meeting on Friday morning and on Sunday morning, but no new developments.  Sunday morning the combined ops room on the 12th Floor of ...(indistinct) in Bisho was manned.  
 Early Monday morning I heard the magistrate had 
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approved of march but only into the stadium and not into the city centre.  Our plans and preparations were - razor wire fence across road from Fort Hare security fence to the stadium security fence, and another across the dirt road leading to the grandstand of the stadium, idea being to herd crowd in the corridor thus formed into the stadium.  Road closed to all traffic.
 Major Simms at front line with plus/minus 15 men with teargas, side arms and 37mm rubber bullets.  They were across the tarred road in case marchers crossed the razor wire barrier. Further back 20 men with shotguns with birdshot and shot containing two rubber sluts.  Further back a third line of policemen with R5 rifles, 50 men.  The idea was for marshals to herd crowd into the stadium.  
 The general belief was that if we got crowd in the stadium our problems would be solved.  However, if crowd tried to cross the wire barrier the first line would drive them back with (a) teargas canisters fired from rifles, (b) rubber bullets.  If first line unsuccessful they would fall back to behind second line, would stop crowd with (a) birdshot and (b) shots containing two rubber sluts.  If second line also fails third line would open fire and army would then take over.  All policemen were deployed in and next to a main road in the corridor formed by security fences of Fort Hare on one side and the stadium on the other.  There were also soldiers behind those fences should crowd try to storm either of those fences.  Idea was all action, if any, would take place in that corridor and nowhere else.  
 If marchers would enter stadium they would thereby signify adherence to the magistrate's conditions and the 
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heat would be off.  We therefore did not take similar precautions around the perimeter of the stadium.  
 Sometime during the morning I was asked by a lawyer for the government to consider exercising my discretion to ban the march outright.  I refused and said I will adhere to the magistrate's order and conditions.  Arrangements with the South African Police was that only marchers on foot were to be allowed to leave King Williamstown for Bisho, no vehicles.  I was later surprised to see vehicles between marchers.  I was afraid vehicles could be used to push back razor wire barriers or convey concealed weapons.  I had not received assurance by march leaders that they would comply with magistrate's conditions.  Even after speaking to Mr Hall and Dr Gildenhuys, but indications were good that they would adhere thereto.  On two occasions I asked Colonel ...(indistinct) what if crowd break through at back and he said not to worry he had men all over.  I left it at that. 
I was aware of the broad outline of the CDF plans but not in detail.  
 When front of march arrived at border, that is at the razor wire fence some stood there as with the march on the 4th of August '92, but lots veered left and moved towards the stadium.  Actually some were running onto and over ground ramps at rear of open stand and some into the grand stand.
 I thought main danger averted but then to my surprise noticed that some running not into the stadium but in area between open stands and perimeter security fence.  I then ordered Major Simms to send some of his men to that side to cut them off if they had any evil designs.  Simms then despatched I think two officers plus/minus five men there.  EAST LONDON HEARING TRC/EASTERN CAPE
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Shortly afterwards I heard shooting from the north-east side.  I could not see what was happening there.  I then heard shots fired along the whole line of CDF soldiers.  Police then fell back to safe position behind army lines.   No policemen fired any shots and I have been satisfied that all arms and ammunition were returned safely to the magazine.  I cannot say exactly where the various deceased and injured parties were shot or the exact sequence of the shooting, but fire was not restricted to the area whereas I later learned a section of crowd tried to break through the stadium fence.
 I can pass no comment on justification of the decision to open fire on that section of crowd who allegedly broke out through the fence but I can say there was no need, or justification on part of soldiers to fire into other sections of the crowd as far as I could determine.  
 Most of the marchers then retreated to King Williamstown but some stayed behind at the border where they dispersed only the following day.  I and others later searched the scene of the initial shooting and we found a crude hand-drawn map of the stadium and the pistol.  I am informed that the dead soldier was picked up not at or near scene of initial shooting but to the west of Fort Hare.  During the shooting I heard four explosions but cannot comment where this was, what it was or who fired it.
 Chairperson then I, in April this year I was approached by a detective for a statement, apparently a criminal investigation being done and I did make a statement to him.  It is in Afrikaans and I shall read it.

MR POTGIETER: You may proceed.

JOHANNES JACOBUS VIKTOR: (Reads statement) - Interpreter's mike not on.
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MR POTGIETER: We are just checking, there is a technical problem. The translation is not coming through.   Thank you General you may continue.