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

BACKGROUND: .  Edendale township is bordered by rural areas occupied by several tribes, who resorted under traditional authority with chiefs and headmen.  These tribes are Mpumuza, Inadi, Mafunze and Nxamalala.  The bulk of these tribes are comprised of members of the IFP.  Edendale on the other hand did not resort under the tribal authorities, and the bulk of the township's inhabitants were UDF/ANC aligned.  Since 1987 unrest began to break out in several of the outlying areas such as Taylor's Halt, Gezabuso, KwaShange, Mpumuza, Xaluza, Sweetwaters, Nxamalala and Elandskop.   As UDF/ANC stepped up recruiting campaigns in these rural areas IFP members in Edendale were driven out of the area, and clashed between rival groups frequently took place.  Inhabitants of areas had to state their alliance either to the one or to the other of the opposing political parties, and large scale intimidation took place.  No go areas for members of opposing political parties became established, and incidents of violence only persisted in those areas where no clear domination by a particular grouping had been established.  Because the main route
 /"to
"to Pietermaritzburg goes through Edendale rural IFP supporters who worked in town were compelled to make use of the routes, and frequent attacks began to take place on commuters in buses and taxis.  Between 1987 and 1990 the conflict escalated and the UDF/ANC gained support and control in certain of the rural areas.  During the period industrial labour actions and strikes were intensified.  These were mainly spearheaded by UDF/COSATU alliance.  IFP supporters who did not want to participate and wished to continue working were prevented from going to work as they would be attacked en route.  Bus drivers were also influenced to participate in the strike action and stay-aways were initiated, resulting in no transport being available.  This again resulted in counter actions or boycotts of the bus transport by IFP members.  It also resulted in heightening of the tensions.  Bus drivers who ignored the call and drove through Edendale were attacked, and several buses were damaged by stones and petrol bombs, and they were shot at.  Commuters were also injured and killed.  As a result of these attacks there were large scale mobilisations of IFP members bent on launching attacks on the inhabitants of Edendale.  It was only through the proactive intervention of members of Unit Eight that these large scale attacks were averted on three occasions, when
/"IFP
"IFP members who had mobilised were persuaded not to carry on.  During certain of the periods when attacks were intensified members of Unit Eight and the SADF patrolled and lined the route through Edendale to prevent attacks on buses and taxis.
      "The Seven Day War.  On Sunday the 25th of March 1990 there was a big IFP rally in Durban, where Chief Mangosuthu Buthelezi was to address IFP supporters.  On the way to the rally the buses which travelled through Edendale were attacked.  The police had anticipated that there would be such an attack because these attacks on buses occurred regularly.  Director Meyer spoke to Mr David Ntombela and requested that the buses use another route.  Mr Ntombela, however, insisted that they would use the route through Edendale in the morning because it would be early in the morning and therefore there shouldn't be any trouble.  They would then use the Howick route when they come back in the afternoon.  This was a detour of about 20 kilometres.  According to Director Meyer Mr Ntombela was quite adamant about using Edendale road in the morning.  There were approximately 100 buses in the convoy.  The police did escort the buses, but because there were so many buses the policemen were widely dispersed among them.  SADF members were also deployed along the route together with SAP members.  Despite
 /"these
"these measures numerous attacks took place along the route.  There were instances where buses stopped, passengers disembarked, and chased the attackers.  There were accusations by both sides, passengers and bystanders, that the opposite side had initiated the attacks.  The police did everything in their power to keep the buses moving, and were specifically instructed to do this.  During the course of the day several illegal blockades were erected on the roads in the Edendale area, consisting of burning tyres, old car wrecks, etcetera, which the police had to clear away.  Whilst trying to clear the debris and attend to an accident which had occurred as a result of the roadblocks they came under attack from Edendale township dwellers.  They had to use tear gas and rubber bullets to disperse the crowds that attacked them.  Contrary to Mr Ntombela's undertaking that the buses would not return via Edendale road Director Meyer observed a bus taking that route.  Members of his unit then reported that they had tried to direct buses, but several refused to stop and continued.  He then took members to Imbali robots to try and stop buses, and went into Edendale itself to assess the situation.  The members contacted him by radio and said that the buses didn't want to stop.  About 12 to 14 buses stopped opposite Edendale Hospital.  All the passengers disembarked and wanted to march
 /"through
"through Edendale.  He and about six to seven members tried to stop them and turn them back.  While the SAP were trying to turn them back shots were being fired at them and the passengers from houses in the township.  At the same time people at a nearby shop were also firing shots.  Two members approached the shop to apprehend the shottists.  One was arrested with an unlicensed firearm.  The groups of passengers insisted that they wanted to walk through Edendale.  Presumably they wanted to demonstrate a show of strength.  The police refused to let them through.  Director Meyer was compelled to hold their firearms at the ready, and this persuaded the passengers to re-embark.  The police blockaded the road and told the bus drivers that they could not go through Edendale, they had to turn around.  None of the buses from the rally therefore went through Edendale.  However, other buses which came through Edendale not connected to the rally, especially empty buses with just the driver, were attacked.  These buses were badly damaged.  At this stage the police came under heavy attack.  Every vehicle through Edendale was a target.  Policemen were put at Imbali robots and at Gezabuso on the Edendale road to stop all vehicles from going into Edendale.  Police vehicles were continuously attacked.  Police worked until midnight and then withdrew so fresh people could be
 /"deployed
"deployed the next day, because virtually all their resources had been utilised during the afternoon and evening.  During the planning it was planned that the SADF would be placed at various strategic points on the main road.  They generally performed patrol duties on the main road.  Their manpower was also somewhat limited as the assistance which they could offer was limited.  On this particular day Director Meyer cannot remember if the SADF were at their positions where it had been planned that they would be.  On the same day at Marawa House, the KwaZulu Government offices and IFP offices in Edendale, was attacked and building damaged.
 On Monday 26th of March no buses were running, so no IFP people could go to work.  Blockades were still erected on the roads.  A few taxis tried to go into town.  A petrol bomb was thrown at a taxi near Georgetown, forcing it into the gutter and resulting in one passenger being badly burnt.  On Monday morning Nsikayezwa Zondi's vehicle was attacked at Thulani's Garage in the Moscow area.  He was chief of the Inadi tribe."
Mr Chairman, correction.  It's not Inadi tribe, it's in fact Mpumuza tribe.
"The IFP supporters who were unable to go to work were already mobilising at Elandskop as news of the attack on the chief's vehicle was received, which incenses them even more.  At
 /"this
"this stage Mr Ntombela was not in the area.  He went directly from the rally to Ulundi, since he was a member of KwaZulu Parliament.  He only returned on the Monday evening after he had heard about the trouble.
 On Tuesday 27th March IFP supporters from Sweetwaters mobilised and marched towards Edendale.  Police stopped them on the border of Xaluza and Mpumuza boundary.  Director Meyer spoke to Philip Zondi, IFP leader for Sweetwaters, and the brother of Chief Zondi.  He undertook to take his people back.  The IFP supporters had traditional weapons with them.  No firearms were observed.  Whilst these discussions were taking place a group broke away from the main group and went into Xaluza, where Detective Sergeant Nene's house was attacked, and he was injured and later died of his injuries.  Stun grenades were used by the police to prevent the break-away group from going further into Xaluza.  Another group also broke away and went into Xaluza over the hill.  They were cut off my police and SADF and forced to retreat to Mpumuza area.  On the other side of the hill, on the Mpumuza side, an attack was also launched on Ashdown residents.  During the attack several houses were burnt down.  During the day the police had their hands full trying to prevent IFP groups from several areas forming and marching to Edendale.  On Tuesday night an IFP leader,
 /"Poswa,
"Poswa, was shot dead and burnt in his car at KwaShange turn-off.  The hostility from the people in the area as UDF supporters was such that the police could not go in and remove the body immediately.  The following day the Riot Investigation Unit, under Senior Superintendent Upton, went and retrieved the body.
 On Wednesday 28 March attacks started early in the morning while it was still dark.  News was received of several attacks at:  Botswana, IFP area, houses burnt;  Ashdown, UDF area, houses burnt;  Mpumuza, IFP area;  Xaluza, UDF area;  Sweetwaters, IFP area;  Simero, UDF area.  All available manpower was mobilised in these areas.  Elandskop people mobilised because of information received concerning Poswa's death.  They then launched the attack on KwaShange, Gezabuso, and the bottom section of Vulisaka.  Police had to try and deal with all these attacks.  There was simply not enough manpower to cope with the magnitude, and consequently reinforcements were requested from Durban Riot Unit.  The attacks on the two prominent IFP leaders was an aggravating factor that exacerbated an already tense situation, and which appeared to have sparked off the intensity of the confrontation.  Attacks on KwaMnyandu, a UDF stronghold, also took place on Wednesday and several people were killed.  The terrain in several of these areas was such
 /"that no
"that no vehicles could traverse, and it could only be reached on foot or by helicopter.  The helicopter was deployed on more than one occasion to disperse groups of attackers, and also to assist members under siege under the command of Superintendent O'Connell.  In the Ziboveni/KwaShange area a group of looters were cornered with the help of the helicopter and Riot Investigation Unit members.  They were caught into a tent.  Several people were arrested and charged for possession of suspected stolen property because complainants could not be identified.  IFP groups also mobilised at Sweetwaters, Ezimbomvini and Umvundleweni.  On nightfall attacks had subsided and reinforcements had arrived.
 On Thursday 29 March and Friday 30 March sporadic incidents still occurred in several areas, resulting in some deaths and damage to property, but the intensity of the attacks had subsided.  The violence also spilled over to the Imbali and Mpophomeni areas on these days.  In one incident in Simero area Superintendent van den Heever and three other members responded to a request for assistance from a member of the Riot Investigation Unit who was trapped in the area.  They were ambushed and involved in a shoot-out with heavily armed men before they could extricate themselves.  A foreign reporter and Natal Witness reporter also got caught in the same situation and also
 /"managed
"managed to escape unharmed.
 On Saturday 31st March the violence had abated substantially.