THE COMMISSION FINDS THAT DR NEIL AGGETT, A MEDICAL DOCTOR AND A TRADE UNIONIST, DIED IN DETENTION ON 5 FEBRUARY 1982. THE POLICE ALLEGED THAT HE HAD COMMITTED SUICIDE. THE COMMISSION FINDS THAT THE INTENSIVE INTERROGATION OF DR AGGETT BY MAJOR A CRONWRIGHT AND LIEUTENANT WHITEHEAD, AND THE TREATMENT HE RECEIVED WHILE IN DETENTION FOR MORE THAN SEVENTY DAYS WERE DIRECTLY RESPONSIBLE FOR THE MENTAL AND PHYSICAL CONDITION OF DR AGGETT WHICH LED HIM TO TAKE HIS OWN LIFE. THE COMMISSION FINDS THE FORMER STATE, THE MINISTER OF POLICE, THE COMMISSIONER OF POLICE AND THE HEAD OF THE SECURITY BRANCH RESPONSIBLE FOR THE DETENTION, TORTURE AND DEATH OF DR NEIL AGGETT, CONSTITUTING GROSS VIOLATIONS OF HUMAN RIGHTS.

THE COMMISSION FINDS FURTHER THAT A STATEMENT BY DR AGGETT TO A MAGISTRATE ABOUT HIS ASSAULT AND TORTURE WAS ONLY INVESTIGATED THREE WEEKS LATER. THE COMMISSION FINDS THAT THE FAILURE OF THE MAGISTRATE TO TAKE THE COMPLAINT SERIOUSLY IS AN OMISSION THAT LED TO HIS DEATH.

THE COMMISSION FINDS THAT THE FAILURE OF MAGISTRATES TO TAKE THE COMPLAINTS OF DETAINEES SERIOUSLY AND THEIR RELIANCE ON THE EVIDENCE OF THE POLICE CONTRIBUTED TO A CULTURE OF IMPUNITY THAT LED TO FURTHER GROSS VIOLATIONS OF HUMAN RIGHTS. THE COMMISSION FINDS THE MINISTER OF JUSTICE RESPONSIBLE FOR THESE GROSS VIOLATIONS OF HUMAN RIGHTS.

THE COMMISSION FINDS FURTHER THAT MR WILLIAM CHARLES CECIL SMITH WAS RESPONSIBLE FOR THE DETENTION AND TORTURE OF MS BARBARA HOGAN, MS LIZ FLOYD, MR CARL NIEHAUS, MR MICHAEL JENKINS, MR JABU NGWENYA, MR KEITH COLEMAN, MR SURESH NANABHAI AND OTHERS. THE COMMISSION FINDS THE MINISTER OF POLICE, THE HEAD OF THE SECURITY BRANCH AND THE COMMISSIONER OF POLICE RESPONSIBLE FOR THE TORTURE OF THESE DETAINEES.

Covert Action

195 The early 1980s witnessed the beginning of an era of covert, extra-legal government actions against anti-apartheid activists inside the country. The use of booby-trapped hand grenades to eliminate activists became increasingly common. An early example of this can be found in the murder of three young COSAS activists from the West Rand township of Kagiso on 15 February 1982. Many of the perpetrators named in later incidents also participated in this operation.

196 Mr Zandile Musi [JB01909/03WR] told the Commission that his elder brother, Mr Mbulelo Musi, went into exile in January 1982 with a Mr Ephraim Mfalapitsa. During the same year, Mr Zandile Musi and a fellow COSAS member, Mr Bimbo Madikela [JBO1910/03WR], met Mfalapitsa and told him that they also wanted to go into exile. They were encouraged to remain at home. Musi told the Commission that Mfalapitsa made arrangements for them to receive training before he himself returned to exile. The next time Musi, Madikela and fellow COSAS members Ntshingo Matabane and Fanyana Nhlapo met Mfalapitsa, he was accompanied by Mr Joe Mamasela, whom Musi recognised by a scar on his face. They drove to a mining area.

VOLUME 3 CHAPTER 6 Regional Profile: Transvaal PAGE 581