Special Hearings — Caprivi Hearings — 1997-08-11

MR WILLS: 4A of have carte blanche activities within KwaZulu Natal.  I seized this book and I do have it in my possession.  The other one that we during 1988 - I remember the case number there was 200/4/88 where a gentleman by the name of Israel Hlongwane was wanted on charges of rape and murder in the Mpumalanga area.  He was at that time stationed at riot unit 8 as a special constable.  Hlongwane and other men raped two girls and murdered one of them.  After the commission of the offence they deserted the police and went into hiding.  The other persons implicated were arrested and charged and one of them was convicted and was sentenced to a lengthy term of imprisonment.  Numerous attempts to arrest Hlongwane were made without success.  Intensive investigations were conducted in Natal and at that stage including the KZP, but no assistance was offered from the KZP.  A warrant for his arrest was authorised - for Hlongwane.  During 1993 Hlongwane was arrested by police for the murder of Nathi Gumede and Sergeant Dlamini.  Gcina Mkhize, Romeo Mbambo and Israel Hlongwane were convicted and sentenced on certain of the crimes to which they have referred to in the evidence.  In passing sentence on them, the Honourable Mr Justice van der Reyden called for an investigation into issues they raised when they testified in mitigation of sentence.  These investigations were carried out by myself and the investigation task unit.  The following dockets were opened, amongst others, for investigation.  Esikhaweni CR 304/12/92, which related to the attempted murder of five people including Welcome Mthimkulu, the killing of Mr Mpanza at Mandini - Mandini case No CR 82/7/93 - Eshowe case No 261/5/95, a conspiracy to kill Samuel Nxumalo,

MR WILLS: /Esikhaweni

MR WILLS: 4A Esikhaweni CR 140/4/92, the murder of Naphta Nxumalo.  Inyoni CR 55/3/92, the killing of Induna Mzimela.  Esikhaweni CR 136/6/92 and Esikhaweni CR 179/11/92 which has to do with the killing of Sergeant Khumalo and a gentleman by the name of Mr Mabika.  In the course of these investigations the following persons were implicated and identified as suspects Mr Gideon Zulu, Mr M R Mzimela, Major Langeni, M Z Khumalo, Mrs Mbuyazi, M R Mkhize, Chief Mathaba, B B Biyela ... (intervention)

MR VISSER: I wonder whether the witness could go a little slower.  I find it quite impossible.

CHAIRPERSON: Certainly.  Could you just start again with the list of people who were identified as suspects, arising out of those case dockets and just read their names slower than you did a few seconds ago?

WITNESS:   I'll do that, Mr Chairman.  Gideon Zulu, M R Mzimela, Major Langeni, M Z Khumalo, Mrs Mbuyazi, M R Mkhize, Chief Mathaba, B B Biyela, Brigadier Mzimela, Major Mchunu, Joyful Mthethwa, Victor Buthelezi and Paulos Ndlovu.  These dockets were forwarded to the Attorney-General of Natal.  In a letter dated the 24th October 1996 the Attorney-General advised me that he had decided not to prosecute any of the above suspects in connection with the above incidents.

MR MACADAM: And in 1987 what level of unrest prevailed in KwaZulu Natal?

WITNESS:   Mr Chairman, for the area that I worked in, just for the record, we investigated political violence in the Mpumalanga/Hammarsdale area, Pietermaritzburg, Edendale and surrounds, Greyton, Hlagahle, New Hanover, Trust Feed - that area, Wartburg, Zwayimane, Camperdown, Hlanzeni, Mooi River, Brandville,

MR MACADAM: /Estcourt,

MR MACADAM: 4A Estcourt, Wembezi and Howick and ... (inaudible).  That's the areas we covered in the Natal Midlands with regard to the violence.  Violence, in fact, was very high.  At some stages I know, for myself, I had attended like 50 scenes per day of murder cases.

MR MACADAM: And during that period did attacks and murders of IFP leaders take place?

WITNESS:   Yes, they did.

MR MACADAM: The destruction of KwaZulu property and the property of IFP leaders?

WITNESS:   There was destruction of KwaZulu property as well, as well as the killing of IFP leaders.

MR MACADAM: Were there any disruptions of political rallies arranged by the IFP by the UDF?

WITNESS:   In the Pietermaritzburg area we had the police called the riot unit which policed the rallies, where the IFP held rallies in the Wardley Stadium or in the stadium at Imbali.  After the rally there would be clashes with people on the way home.  Buses would be attacked and incidents to that effect.

MR MACADAM: And tell me, in the course of your investigations had you come across persons in possession of firearms and had they produced appointment certificates, showing that they were detective sergeants in the KwaZulu Police?  Would the question of the firearms they had in their possession and what they were doing have been taken any further or not?

WITNESS:   Mr Chairman, there were a number of incidents in which I was involved in respect of investigations of firearms.  A gentleman by the name of Mandla Mchunu was arrested in Town Hill with a boot full of firearms - AK-47s and other firearms - and he was released and to this date hasn't been found.  Other cases where IFP people were arrested in possession of firearms

MR MACADAM: /they were

MR MACADAM: 4A they were released by the security police - the then security branch - and weren't actually charged.  There's a number of cases that I bear knowledge of where this has happened.

MR MACADAM: You said there were a number of strange factors concerning the issue of the appointment certificates to the Caprivians by Brigadier Mathe.

WITNESS:   I explained earlier that none of these - you know, each appointment certificate had a number of it - you know, like a service number.  I've got a service number.  And this service number would obviously be on your payroll.  You know, at the end of the month you get in accordance with this number.  Now, the KwaZulu Police would have this number attached to a name, a person, on the payroll. Now this block of numbers or these set of numbers did not appear on the KwaZulu Police payroll.  They were a separate book kept by Brigadier Mathe, issuing these appointment certificates to members of the public - I am sorry, to the Caprivians, you know, to go around showing this, purporting to be policemen.

MR MACADAM: And did you find any proof as to whether these persons who had these cards were, in fact, properly attested and qualified members of the KwaZulu Police?

WITNESS:   I had it investigated.  Nothing of that nature was done.  I, in fact, investigated a fraud matter in which the appointment certificates were found, because if people enter into members of the public's homes purporting to be policemen using an appointment certificate and discharging duties as if they are policemen, as far as I'm concerned, it's an unlawful act.  I then had given the docket over to Mr McNally for attention.  He declined to prosecute.

MR MACADAM: /Lastly, we

MR MACADAM: 4A Lastly, we have heard evidence that there were a group of 200 trainees who were trained in the Caprivi.  Now, in the course of your investigations into the violence in KwaZulu Natal in the mid-eighties and the 'nineties, did you make any enquiries to determine how many of this group of 200 could be linked as suspects to politically-motivated cases or not?

WITNESS:   Mr Chairman, I had the occasion to speak to the University of Natal, Durban, and also enquiries of my own.  What I know is a fact, it's something in the region of about 30 that were charged for offences relating to murder, attempted murder, political violence and some are, in fact, at this point in time awaiting trial on such political killings.  In the region of about 30.

MR MACADAM: I have no further questions, Mr Chairperson.

MR MACADAM: NO FURTHER QUESTIONS BY MR MACADAM

YASMINE SOOKA: Mr Marion, does the 30 include the members of the Caprivi trainees who have appeared at this hearing?

WITNESS:   Yes, they are included.