Human Rights Violation Hearings — Port Shepstone — 1996-08-12

MS IRISH: (Incomplete) ... document looks at a brief background and history to the area, and just briefly to comment that the town, that the Port Shepstone town itself was established in 1982 - sorry 1882, and developments in the area led to an accelerated movement of people into the area.  In 1980 the area experienced a serious boom, which led to further influx into the area, which in turn led to the undermining of traditional structures that were unable to cope with the massive influx of people.
The Port Shepstone area has 36 tribal authorities under is control, and most of the violence has actually taken place within these tribal authorities.  And if one looks at the initial origins of the violence it could be traced back to the conflict that arose between youth and traditional authorities.  Traditional authorities were called upon to administer vast, well-populated, rural areas with little revenue.  Youth accused traditional structures of maladministration.  Collection of revenue was not at issue, but it was the abuse practices that were used that were.  
And if one looks at the actual incidents of violence, the one incident that can be looked at in terms of what sparked off the violence was in 1989 the killing of Induna Blose, where the community had called a meeting with Community Blose to discuss his involvement in alleged corruption and abuse of powers.  At the meeting Community Blose returned to his home to say he was going to gather books to present to the meeting.  When he arrived at his home he failed to return to the crowd.  When the crowd approached his home he came out and stood in his doorway.  He apparently produced a firearm, and the crowd then killed him.  This was an incident that then sparked off a series of killing and revenge killing during that period.
What happened in the end was that within this process youth had aligned themselves to the UDF and ANC, and at the same time the vast majority of traditional structures became inextricably linked to the IFP and the KwaZulu Government, making it difficult for them to carry out any neutral role.  
By February 1990 a number of areas around Port Shepstone were under the control of youth and emerging ANC structures, while traditional leaders in many areas had retreated to areas like Mobotsha and Umzumbe.  In 1990 traditional leaders openly went on the offensive to reassert their control of the area.
The next section looks at the question of the issuing of G3 rifles and the proliferation of automatic rifles in the area, which we believe directly impacted on the intensification of violence.  And what one sees from 1990 is that there was a marked increase in the use of high-powered assault rifles, and a new pattern emerged where political opponents were hunted down and killed.  
During this period G3 rifles were issued through the Department of the then Chief Minister, M G Buthelezi, to headmen and chiefs.  These headmen and chiefs were then able to pass these weapons on through use of permits to members under their control.  The G3 rifles were officially issued for the protection of KwaZulu Government property, however numerous shooting incidents have been reported which involve persons allegedly issued with these weapons.
In Murchison in the 1990s the first reports of men armed with G3s were received.  The men attacked a home which allegedly sheltered ANC supporters.  Since the introduction of high-powered rifles conflict in the Murchison/Bhoboyi area intensified, where people were seen openly carrying such assault rifles.  Reports of the carrying of these weapons also surfaced in Umzumbe, Izingolweni, and conflict in those areas equally coincided with increase in these rifles.
It would not appear that adequate records were kept of the issuing of G3s, which has made the retrieval of these weapons a problem that exists in current day.
If one looks at the intensification of violence between 1989 and August 1993, more than 1 600 people died in political conflict in the lower South Coast.  Initially the conflict centred around the Mzindini Valley and areas south of Port Shepstone, however it soon spread to areas north of Port Shepstone.  Dweshula, Mehlomnyama and Umzumbe recorded severe atrocities.  In the period June 1989 and December 1990 more than 989 people were killed.
Some of the factors that - some of the trends in violence that were picked up around this time were night camps, forced evictions and extortions.  Night camps were initially set up as a defensive strategy where men gathered in order to defend the area from attack at night.  However, very quickly these became offensive, and people who refused to participate in night camps then faced subsequent punishment.  Monitors also received reports at that time of money being extorted from people to pay for inthelezi(?), a traditional muthi normally used in conflict and war situations, and for things like buses to bus people to places like Ulundi and Durban. At the same time in many areas people were forced to leave their areas as a result of not subscribing to the dominant political party in that area.  Refugees and displacees became a major issue, and between 1990 and 1991 it is estimated that some 5 000 refugees fled to different areas.  Many hundreds of families moved to safer areas in and around Port Shepstone.  The sudden mass movement of people gave rise to new settlements being created in neighbouring farms.  Some farmers who had been experiencing financial difficulty as a result of the drought took advantage of these people's desperate plight and rented homes out and sections of their property, wherein makeshift homes were set up.
What also emerged during this period was a breakdown of the rule of law.  For many people justice was not seen to be done.  The community's lack of confidence in the police and judicial system and their ability to deal with violence was at an all time low.  As a result cases were reported to monitors of the frustration that individuals had when they tried to follow the normal course of law.  Individuals and communities resorted to taking the law into their own hands, and the practice of people's courts arose.  Between 1992 and 1993 cases of individuals and communities involved in brutal people's courts arose in both Gamalakhe and Murchison.  Revenge killings became a frequent practice, and these killings then set in motion a cycle of violence.  Once again a lack of faith in the judicial system fuelled this conduct.
Between 1989 and 1993 at least 10 massacres took place on the lower South Coast.  The first was on the 4.9.1991, when the home of a prominent IFP organiser, James Zulu, was attacked in the Nsimbini area.  Four members of his family were killed.  On the 16.1.1992 the home of the Mbuzo family in Mtwalume was attacked.  Seven people were killed.  One of those killed was an ANC interim structure representative.  On the 4.7.1992 the family of Cyril Shezi, an ANC organiser, was ambushed outside their home in Bomela.  Seven people died in the attack.  On the 3.9.1992 10 people were shot in Bomela when armed men attacked them.  The 10 were waiting for transport to attend an IFP rally at the time of the attack.  On the 14.10.1992 six people were killed when the kraal they were staying in was attacked at Ushubeni.  The attackers were wearing balaclavas.  On the 3.1.1993 seven people were killed in an attack in Wella ward, Harding.  On the 21.3.1993 a van carrying children from Izingolweni was attacked by armed gunmen.  The driver and three children were killed.  On the 5.4.1993 10 people were killed in Murchison, Bhambayi ward, when armed gunmen attacked the kraal they were sleeping in.  On the 15.6.1993 at about 4.45 pm gunmen attacked a home at Oribi, Paddock, killing six people.  On the 20.6.1993 13 people were killed in three separate attacks on homes.  It appears the attackers moved from home to home.  The attackers were wearing balaclavas.  
One of the characteristics of these massacres was the sophistication with which these attacks were carried out, fuelling allegations of the possibility of the involvement of hit squads.  In a number of these massacres the attackers wore balaclavas, while in others perpetrators were known to the victims.  What has concerned NIM, and other human rights organisations was the seeming lack of enthusiasm on the part of the South African Police to solve these brutal crimes, particularly in case where victims identified and named perpetrators.
But if one looks at the violence on the South Coast it would be simplistic to see it purely in terms of ANC/IFP conflict, and not to look at other factors and forces involved in this violence, and one of the major factors that has contributed to the intense levels of violence has been the role played by the Security Forces.  Numerous submissions have been made to the Goldstone Commission and to the Commissioner of Police and the Ministers of Police at different times around the role played by these Security Forces.  In particular the role played by the Internal Stability Unit during the period of 1989 to 1993 needs to be isolated and looked at for serious investigation.
The Internal Stability Unit, under the command of then Colonel H A Fourie, had been accused of being sympathetic towards the IFP, and this was evident from the special relationship that existed between senior IFP members and the Unit.  Fourie was so blatant in his support for the IFP that he allowed certain IFP members to be in possession of an official police radio.  During the duration of Fourie's command as commander of the ISU there were serious complaints of incidents ranging from intimidation and harassment to what some community members allege was the extra-judicial execution of suspects.  The majority of victims in these cases had little remedy from the law.
The next unit within the police that deserves special mention is that of the Murder & Robbery Unit and the Unrest Crimes Unit.  The network of independent monitors has for some time had suspicions regarding the violence on the lower South Coast.  The continuing killing of people despite the increased police and military patrols, plus the extremely poor record of what was once a very effective detective force has left much to be desired.  What became very apparent was the lack of enthusiasm with which such cases were investigated as compared to certain others.  Monitors have always been suspicious of the conduct of police and the role that certain South African Police members have played, especially in regard to the investigation of politically motivated crimes, and the collusion of perpetrators of politically motivated crimes and unrest.
NIM is further of the view that ordinary people of civil society have become drawn into a cycle of violence as a result of deliberate manipulation by elements within the South African Police, and/or shadowy forces acting with the knowledge, and perhaps approval, of the Security Forces.  We firmly believe that certain members of the community, some of them implicated in multiple murders, have been provided with police back-up in some instances in order for them to carry out such attacks without being apprehended by Security Forces present in the area at the time.  In cases where suspects have been arrested members of the South African Police were instrumental in securing their release by, amongst other things, giving evidence in mitigation of sentence.  
NIM and other local organisations have made numerous requests for independent investigations into the progress of investigations on the South Coast.  No thorough investigation has been conducted into the progress of investigation or the conduct of certain policemen.  We've cited a number of cases which we would request the Truth Commission look into and investigate, which we believe backs up the allegations that we have mentioned so far.
Another aspect which has fuelled the conflict on the South Coast is allegations of hit squads.  During 1991 allegations emerged of hit squads operating in the Port Shepstone area.  These hit squads were alleged to be involved in the targeting and eradication of political opponents.  In submissions to the Goldstone Commission made by the Local Dispute Resolution Committee in 1993 the following comments were made.  
"It is again beyond our ability of the LDRC to produce conclusive evidence of the existence of hit squads.  It is nonetheless our belief that apparent professional type assassinations and well executed massacres may well be the work of hit squads."
A number of cases and factors fuelled of these allegations.  The first was the exposure of paramilitary training camps that existed throughout the province.  The second was an allegation made by Mr Koener in the Vry Witblad in 1992, where he alleged to have been part - together with the South African Police, to have taken part in hit squad activity on the lower South Coast.
The sophistication with which some attacks were carried out, and the use of balaclavas, the repeated involvement of the same group of people in a number of different attacks in different areas, and the use of vehicles and men from outside the Port Shepstone area in carrying out these attacked also fuelled allegations of hit squads, and we have cited two cases, the case of Wiseman Mthembu on the 10.12.1991 and the case of Caius Nzindlela on the 20.2.1992, which we believe an investigation into these cases could shed some light onto the allegations of hit squads.
In submissions made to the Goldstone Commission by the Local Dispute Resolution Committee the question of peace initiatives was raised.  In their submissions in 1993 the Peace Committee said,
"From the circumstantial evidence at our disposal it is our reasonable belief that there are those who are intent on fomenting violence and derailing initiatives aimed at reaching peaceful settlements on the ground.  The level of investigations required to uncover such activities is well beyond the realm and jurisdiction of the LDRC."
However, in July 1992 the Local Dispute Resolution Committee initiated peace talks between the ANC and IFP.  By late August the talks had reached quite a significant level, and in early September progress seemed to be - they seemed to be making significant headway.  However, three incidents took place between the 3.9.1992 and the 5.9.1992 which effectively derailed these processes.  
On the 3.9.1992 four people were killed in attack.  The victims were allegedly ANC members.  On the 4.9.1992 10 IFP members were massacred at Bomela.  On the 5.9.1992 Wilson Cele, an ANC member, was shot and killed by the ISU in Gamalakhe.  Shortly after these incidents, and largely due to the attack in Bomela, the IFP withdrew from the initiative and subsequently suspended participation in the LDRC.  
In November 1992 the Commonwealth Monitoring Group, in consultation with traditional structures and parties, launched a peace initiative in the KwaMavundla area and the KwaNdulane area.  This initiative led to a serious reduction in violence in these areas.  However, there was an increase in violence in other areas, such as Izingolweni, Dweshula, Mehlomnyama and Oshibeni.  The Practical Ministry's report dated August 1993 comments,
"There was no apparent reason for the violence to flare up in these places, but there was a marked pattern throughout the period of unrest.  When violence decreases in one area it increases in another."
Finally, in conclusion - in conclusion we just want to add that the violence that was experienced between this period continues to exist in present day.  Many of the people who were accused of being perpetrators during that period are facing accusations of being involved in violence now, and we would recommend that the Truth Commission take seriously the circumstances in which these hearings will be held, and the fact that there maybe cases where witnesses and victims may wish to meet with the Commissioners directly in camera or without the public or press being present.