Human Rights Violation Hearings — Pietermaritzburg — 1996-11-20

<UNKNOWN>: .  Investigations of reported cases arising from the conflict were done by the Riot Investigation Unit under the command of Senior Superintendent Upton, consisting of 27 members.  It is clear from the number of incidents that took place that only a very small percentage were reported to police for investigation.  During the period 25th of March to 4 April 1990 87 cases were reported for investigation by this unit, of which approximately 49 were murder cases.  From newspaper reports it would seem quite apparent that far more people were killed whose deaths were not reported to the police.  The investigation team experienced tremendous hostility from both parties involved, and there was very little, if any, co-operation whatsoever with the investigations ... (incomplete - end of Side A, Tape 4) ... by the Riot Investigation Unit to assist, but notwithstanding not much success was achieved.  During the investigations members of the Riot Investigation Unit were ambushed, fired upon and petrol bombed.  On Wednesday 28 March members of the Riot Investigation Unit arrested several suspected looters of property, during which shots were fired by the

<UNKNOWN>: /"Investigation

<UNKNOWN>: "Investigation Unit whilst the attacks on Ezibomvini/KwaShange areas were in progress.  Due to the non-appearance of complainants looted property could not be identified, and several of the culprits were acquitted due to lack of evidence, although a few convictions for possession of suspected stolen property did ensue.

<UNKNOWN>: In conclusion it is apparent from the observations of members involved, and is also borne out by newspaper reports quoting monitors as stating that there were as many as 12 000 persons involved in the conflict at times.  These numbers of course varied from place to place and time to time, but frequent incidents involving large groups of 2 000 to 4 000 persons occurred.  Prior to the reinforcements from Durban arriving the manpower position of Unit Eight, which was supplemented by approximately 50 members on detachment duty from elsewhere, comprising a maximum of plus/minus 200 people.  This included the administration staff.  Even the fact that members worked shifts it meant that normally plus/minus 100 members would be on duty at any given time.  Many members of Unit Eight resided in troubled areas, and were subsequently unable to come to work due to the unrest.  With this limited manpower at their disposal the police were hard pressed to cope with the magnitude of the problems.  The SADF

<UNKNOWN>: /"also

<UNKNOWN>: "also did not have many available members, and at most were able to field one company, comprising between 90 and 120 persons.  Given these limitations it is submitted that the police played a significant role in minimising and quelling the violence.  To illustrate this I wish to quote the following extracts from newspaper reports.  Natal Witness, 28 March 1990:  "Police moved in again.  The attackers were eventually herded out of Xaluza.  Residents mobilised to defend the area and a sporadic gun battle ensued.  Police again moved in and warded off the attackers."  Daily News, 28th of March:  "Yesterday at Xalusa, near Edendale, a group of about 2 000 were fighting in fierce battle until Riot Police got into the crowd to disperse them.  The fighting soon started in another area close by.  The police moved in again and the attackers were persuaded to leave Xaluza.  Later a crowd was seen to move to Mpumuza, but the police warded off the attackers."   A quotation by Democratic Party MP, Pierre Cronje, commended the way in which the police had dispersed the crowds.  The Echo, 29 March 1990:  "The police move their Casspirs up the hill which divides Xaluza from Simero.  It is with relief that I see those minute figures in blue more than 1 000 metres away dash down between the groups and head off the attack.  On the main road between Xaluza and

<UNKNOWN>: /"Sweetwaters

<UNKNOWN>: "Sweetwaters we see the police form a barricade and drive the impi back towards Sweetwaters."  The Natal Witness, 29 March:  "Police arrived on the hillside, cutting off the attacking group.  Police eventually mounted a preventative exercise, warding off the attacking group and herding them back onto the road.  The attack began, but bloodshed was averted when the police arrived."

<UNKNOWN>: Finally I once again refer you to the introductory remarks, and wish to emphasise that our task in presenting as full as possible a report has been hampered to a large extent by the lack of available records, but I trust that the report has served to place the Commission in a position to understand the police perspective of the events of that period."

<UNKNOWN>: Mr Chairman, we've got a further submission on the questions that was asked by Professor Aitchison which we prepared, which I would also like to read out.

<UNKNOWN>:  Thank you.  Do you have copies of those, Director?

WITNESS:   Mr Chairman, I am sorry, this is the only copy.  What I'll do, I'll hand it in straight after this.

<UNKNOWN>:  Please go ahead.

<UNKNOWN>: "The Police response to submission of Professor J J W Aitchison, Truth and Reconciliation Commission, on the 18.11.96.

<UNKNOWN>: 2.1  The police take note of the allegations that they aided IFP in counter attacks in Vulindlela in early 1988.  The police are,

<UNKNOWN>: /"however,

<UNKNOWN>: "however, not aware of any aid to Inkatha in successful counter attacks.  However, the fact that the learned professor refers to counter attacks presupposes that there were attacks on Inkatha members by the so-called non-Inkatha refugees, to whom we will henceforth refer to as the UDF/COSATU alliance.  This is in keeping with the SA Police submissions that unrest commenced in the rural areas bordering on Edendale township during 1987, when the UDF/ANC started recruiting campaigns in the rural areas and clashes began to occur.       1.  The suggestion that the security forces should guarantee the rights of people to live in safety is a reference to utopia.  It is impossible for the security forces in any country, let alone KwaZulu Natal, with its history of violence, to guarantee the rights of people to safety.  We can only strive to do our best in this regard, and it is our submission that the SA Police members risked their lives on daily basis prior to, during, and after the events of the Seven Day War.  Anyone with any understanding of the nature of the conflict existing in those days would realise that it would be an impossibility for the SA Police and other security forces to have maintained a daily presence at the houses of thousands of refugees, who had fled the rural areas and moved into the Edendale and surrounding townships to avoid the counter

<UNKNOWN>: /"attacks

<UNKNOWN>: "attacks referred to by Professor Aitchison.

<UNKNOWN>: 2.  To suggest that the SA Police was not serious in their efforts to prevent vehicles from being stoned is ridiculous.  Police were engaged on an almost daily basis in patrolling the area, and the SADF were requested to assist by placing vehicles on strategic places along the route through Edendale township.  This road spans a distance of plus/minus 12 kilometres from Vulisaka to Imbali robots.  From 1988 to the period in question incidents of stone-throwing occurred sporadically.  Incidents of stone-throwing increased substantially during stay-aways, mass protests and ...

<UNKNOWN>: (inaudible) ... sorry, I can't pronounce the word.