TRC Final Report

Volume 2

Chapter 4

Subsection 19

174 Mr Kenneth Mncedisi Sigam [CT00323/OUT] was “forced to leave the MK camp” in Angola after “he opposed a decision of the leadership” and opposed the use of corporal punishment on comrades. A tribunal was held after which he was taken to Camp 32 on 18 May 1984. Here he said he was subjected to various forms of torture, including having melted plastic dropped on his back, having his head bashed against a wall, being made to lie on cement and having his head trampled on, being hit on the head with a steel rod, being forced to touch his toes whilst being beaten with a stick, being smacked on the face whilst being beaten; having a cloth put in his mouth and smacked. He was also beaten while being forced to pull a tank of water and was forced to chop large trees. In 1990, after six years in Camp 32, he was taken to Tanzania and held in prison for eight months in solitary confinement. He was released in 1991.

175 Mr Anthony Thozamile Ntoni [CT00751/OUT], told the Commission that he was tortured for three weeks by “MK officials” because, he believes, he spoke out about the mysterious death of his friend Mac Plaatjies who was implicated in the death of Joe Gqabi and later died from snake bite. Ntoni was arrested in May 1982, at Caculama training camp in Angola and beaten on the face with a gun and with fists, kicked on the legs, injected with drugs so that “he could not speak or move for a few hours” and held in a “store cell”. He was given electric shocks and was forced to perform exercises and beaten when he stopped. He was tied to the seat of a truck by his neck and hands and choked when the truck went over a bump, until he collapsed. In June 1982, he was taken to Luanda where he was placed in a small container for two to three days; it was opened when he panicked and kicked and screamed. He was taken to Quatro camp, where he was beaten and questioned about his behaviour at Caculama camp. He was held there until May 1984 and was released when he “told them what they wanted to hear”. His name does not appear in the ANC records submitted to the Commission.

176 Mr Ronnie Buyaphi Singer Masango [CT00743/OUT] was involved in the 1983 mutiny in Angola because he disagreed with the decision of the ANC NEC that MK should assist in fighting UNITA. He was detained for fourteen months in Luanda during which time he was interrogated, beaten and kicked all over his body. He was deprived of food, and blames the death of two others on deliberate starvation. Masango was also locked up in a container in Angola in 1987 and used an axe to make holes to allow air into the container. He was detained in Tanzania in 1989 and finally released in 1990 when he returned to South Africa having been labelled a spy. His name does not appear in the ANC records submitted to the Commission.

177 Mr Daliwonga Fikile Mandela [CT01044/OUT] joined MK in 1978. In 1983 he was detained at the ANC ‘Green House’ in Lusaka, suspected of being a spy because his father was working for the Transkei National Party headed by KD Matanzima. He was interrogated and tortured daily for up to six months, kicked and beaten with sjamboks (whips), canes and irons; he was forced to dig a grave and told that it was his own. He said that, when he was released, he “was told not to reveal the names of the torturers to the doctor in Lusaka”. He claims he was threatened by Mr Joe Modise, Mr Alfred Nzo, Mr Steve Tshwete and Mr Jacob Zuma; and that he was warned by Mr Chris Hani and Mr Sikhumbuzo Radu that his life was in danger. He fled from Lusaka in 1987 after these threats.

178 Mr Gregory Camp [CT0294/OUT] was detained in 1980 and taken to Quatro where he was held without trial for seven years. He had to perform forced labour such as cutting logs, carrying water, washing security clothes and digging trenches. He was deprived of sun, food, and water for drinking and washing. He was tortured by being whipped with electrical cord, stripped naked and beaten with sticks, beaten with the butt of an automatic rifle, and punched and kicked. He was held in solitary confinement for 117 days. He was insulted and humiliated.

179 Ms Ntombentsha Jeanette Makanda [JB0577901/GTSOW] was detained in Lusaka in September 1980 and again in May 1985. She had her hands tied behind her back and was kicked and punched; a dirty towel was placed in her mouth and she was whipped with an electric cord. She was sexually abused and subjected to daily beatings.

180 Further submissions on torture experienced in the exile camps was received from Mr Cyril Fuzile Khamlane [JB05058/03VT], Mr Paul Jeremiah Dumisani Matli [KZN/ZJ/055/DN MATLI], Mr Bangiso Petros Boilane [KZN/ZJ/075/BL], Ms Victoria Kashe-Mngadi [KZN/SS/400/DN], Mr Bhekinhlanhla Lookluck Mpungose [KZN/SS/059/DN], Mr Mphafane Jacob ‘Blackie Malinga’ Khang [KZN/MOL/018/BL], Mr Sipho Bongani ‘Doh’ Ngema [KZN/KM/0001/DN], Mr David Malaisha Makhubedu [JB05830/01ERKWA], Mr Keith Charles McKenzie [JB05820/02PS], Patrick Oupa Tawe [JB06343/01ERKAT], Mr Matimba Bheki Khoza [JB06333/ 01GTSOW], Mr Mandla Annanias Ntuli [JB06323/02PS NTULI], Mr Vuyani Mbuyiselo Malgas [JB05949/01GTSOW], Mr Johannes Bongizembe van Wyk [B029120/ 01MPMOU], Mr Robert Vusumzi Shange [JB03070/01GTSOW], Mr Takalani Matidze [CT05012/OUT] , Mr Luthando Nicholas Dyasop [JB00420/01ERKWA], Mr Gabriel Phemelo Setlhoke [JB00846/01GTSOW], Mr Amos Maxongo [EC0265/96PLZ], Mr Gugulethu Gxekwa [EC0832/97KAR], Mr Nceba Makasi [EC2179/97NWC], Mr Tebello Motapanyane [JB00259/01GTSOW], Mr Olefile Samuel Mngqibisa [JB00311/01GTSOW], Mr Barry Qethu Mdluli [JB00522/01GTSOW], Mr George Linda Gladstone Dube [JB00155/01ERKAT], Mr Tony Lincoln Mzwandile Msomi [JB00165/99OVE], Mr Edward ‘Teddy’ [Mwase) Williams [EC0247/96WTK], Mr Patrick Mncedisi Hlongwane [AM8028/97], Mr Mpho Samuel Motjuoadi [JB02199/02PS], Mr Lita Nombango Mazibuko [JB04442/01MPWES] and Mr Connie Khunjuzwa Ndesi [JB05902/01GTSOWNDESI].

ON THE BASIS OF THE EVIDENCE AVAILABLE TO IT, THE COMMISSION FINDS THAT THE ANC, PARTICULARLY ITS MILITARY STRUCTURES WHICH WERE RESPONSIBLE FOR THE TREATMENT AND WELFARE OF THOSE IN ITS CAMPS, WERE GUILTY OF GROSS VIOLATIONS OF HUMAN RIGHTS IN CERTAIN CIRCUMSTANCES AND AGAINST TWO CATEGORIES OF INDIVIDUALS – SUSPECTED ‘ENEMY AGENTS’ AND MUTINEERS.

THE COMMISSION FINDS THAT ‘SUSPECTED AGENTS’ WERE ROUTINELY SUBJECTED TO TORTURE AND OTHER FORMS OF SEVERE ILL-TREATMENT AND THAT THERE WERE CASES WHERE SUCH INDIVIDUALS WERE CHARGED AND CONVICTED BY TRIBUNALS WITHOUT PROPER ATTENTION TO DUE PROCESS BEING AFFORDED THEM, SENTENCED TO DEATH AND EXECUTED. THE COMMISSION FINDS THAT THESE WERE ACTS IN WHICH THE INDIVIDUALS SO AFFECTED HAD THEIR HUMAN RIGHTS GROSSLY VIOLATED. LIKEWISE, THE COMMISSION FINDS THAT THE FAILURE TO COMMUNICATE PROPERLY WITH THE FAMILIES OF SUCH VICTIMS CONSTITUTED CALLOUS AND INSENSITIVE CONDUCT.

THE COMMISSION ALSO FINDS THAT ALL MUTINEERS WHO WERE EXECUTED AFTER CONVICTION BY MILITARY TRIBUNAL, IRRESPECTIVE OF WHETHER THEY WERE AFFORDED PROPER LEGAL REPRESENTATION AND ADEQUATE DUE PROCESS, SUFFERED GROSS VIOLATIONS OF THEIR HUMAN RIGHTS.

WITH REGARD TO ALLEGATIONS OF TORTURE, THE COMMISSION FINDS THAT, ALTHOUGH IT WAS NOT ANC POLICY TO USE TORTURE, THE SECURITY DEPARTMENT OF THE ANC ROUTINELY USED TORTURE TO EXTRACT INFORMATION AND CONFESSIONS FROM THOSE BEING HELD IN CAMPS, PARTICULARLY IN THE PERIOD 1979-89. THE COMMISSION HAS TAKEN NOTE OF THE VARIOUS FORMS OF TORTURE DETAILED IN THE MOTSUENYANE COMMISSION AND FINDS THAT THEY AMOUNTED TO THE DELIBERATE INFLICTION OF PAIN AND/OR SEVERE ILL TREATMENT IN THE FORM OF DETENTION IN SOLITARY CONFINEMENT AND/OR THE DELIBERATE WITHHOLDING OF FOOD AND WATER AND/OR MEDICAL CARE AND, AS SUCH, AMOUNTED TO THE PERPETRATION OF GROSS VIOLATIONS OF HUMAN RIGHTS.

THE COMMISSION FINDS FURTHER THAT ADEQUATE STEPS WERE NOT TAKEN IN GOOD TIME AGAINST THOSE RESPONSIBLE FOR SUCH VIOLATIONS.