TRC Final Report

Volume 3

Chapter 6

Subsection 25

THE COMMISSION FINDS THAT A NUMBER OF STUDENT ACTIVISTS WHO SOUGHT TO LEAVE THE COUNTRY AFTER THE 1976 PROTESTS WERE INTERCEPTED AND DETAINED. MANY OF THEM WERE TORTURED WHILST IN DETENTION. THE COMMISSION FINDS A DIRECT CORRELATION BETWEEN THE NUMBER OF PEOPLE DETAINED AND THE NUMBER OF PEOPLE TORTURED.

THE COMMISSION FINDS THAT THE SECURITY BRANCH WAS RESPONSIBLE FOR THE DETENTION AND TORTURE OF MS MAMAGOTLA PAULINA MOHALE IN NOVEMBER 1976. THE COMMISSION FINDS THAT SHE WAS TORTURED BY THE APPLICATION OF ELECTRIC SHOCKS. THE COMMISSION FINDS THAT THE DISTRICT SURGEON FOR KRUGERSDORP AT THE TIME FAILED TO ACT PROFESSIONALLY WHEN MS MOHALE WAS TAKEN TO HIM FOR MEDICAL ATTENTION. HE FAILED TO ENSURE THAT SHE WAS REMOVED FROM POLICE CUSTODY TO A HOSPITAL FOR MEDICAL ATTENTION AND CARE. HE FAILED TO ENSURE THAT THE POLICE WERE PREVENTED FROM KEEPING HER IN CUSTODY AND TORTURING HER FURTHER. THE COMMISSION FINDS THE DISTRICT SURGEON AND THE MINISTER OF HEALTH AT THE TIME RESPONSIBLE FOR GROSS HUMAN RIGHTS VIOLATIONS.

THE COMMISSION FINDS THAT MR GERALD THEBE WAS ARRESTED ON 29 JULY 1977 AS HE SECRETLY TRIED TO LEAVE THE COUNTRY. HE WAS DETAINED IN MAFIKENG WHERE THE SECURITY BRANCH INTERROGATED, BEAT AND TORTURED HIM. THE COMMISSION FINDS THE MINISTER OF POLICE RESPONSIBLE FOR THE SEVERE ILL TREATMENT OF MR THEBE AND CONSEQUENTLY RESPONSIBLE FOR THE COMMISSION OF GROSS HUMAN RIGHTS VIOLATIONS.

THE COMMISSION FINDS THAT MS DEBORAH MATSHOBA, AN EXECUTIVE MEMBER OF SASO, WAS SEVERELY ILL TREATED IN THE COURSE OF HER DETENTION, DURING WHICH SHE WAS HELD IN SOLITARY CONFINEMENT FOR TWELVE MONTHS AND TORTURED. THE COMMISSION FINDS THAT THE TREATMENT OF MS MATSHOBA CONSTITUTED SEVERE ILL TREATMENT AND TORTURE, AND FINDS THE FORMER STATE AND THE MINISTER OF LAW AND ORDER RESPONSIBLE FOR THE COMMISSION OF GROSS HUMAN RIGHTS VIOLATIONS.

THE COMMISSION FINDS THAT MR MATTHEWS MABELANE WAS ARRESTED AND DETAINED BY THE SECURITY BRANCH AT ZEERUST WHILE ATTEMPTING TO LEAVE THE COUNTRY FOR BOTSWANA IN 1978. IN JANUARY 1977, THE POLICE INFORMED HIS PARENTS THAT HE WAS DETAINED AT JOHN VORSTER SQUARE. ON 16 FEBRUARY 1977, HIS PARENTS WERE INFORMED THAT HE HAD JUMPED TO HIS DEATH FROM THE TENTH FLOOR OF JOHN VORSTER SQUARE DURING INTERROGATION. THE COMMISSION FINDS THE FORMER STATE, THE MINISTER OF POLICE AND THE COMMISSIONER OF POLICE AT THE TIME RESPONSIBLE FOR THE DEATH IN CUSTODY OF MR MATTHEWS MABELANE AND FOR THE GROSS VIOLATION OF HUMAN RIGHTS.

THE COMMISSION FINDS THAT MR WALTER SHANDU WAS ARRESTED AND DETAINED BY THE SAP IN 1978 WHILE ON HIS WAY TO ANGOLA. SHORTLY AFTERWARDS, THE MABOPANE POLICE INFORMED HIS PARENTS THAT HE HAD COMMITTED SUICIDE. THE COMMISSION FINDS THE POLICE RESPONSIBLE FOR THE DEATH OF MR SHANDU, AND THAT THE FORMER STATE, THE MINISTER OF POLICE AND THE COMMISSIONER OF POLICE AT THE TIME WERE RESPONSIBLE FOR HIS DEATH. THE COMMISSION FINDS THEM RESPONSIBLE FOR GROSS VIOLATIONS OF HUMAN RIGHTS.

THE COMMISSION FINDS FURTHER THAT FOUR PAC MEMBERS, CHARGED IN THE BETHAL TREASON TRIAL WITH FURTHERING THE AIMS OF THE PAC, DIED IN POLICE CUSTODY. THE COMMISSION FINDS THAT MR NAOBOTH NTSHUNTSHA, MR BONAVENTURE MALAZA, MR AARON KHOZA (IN PIETERMARITZBURG) AND MR SAMUEL MALINGA DIED AT THE HANDS OF THE POLICE. THE POLICE ALLEGED THAT ALL FOUR HAD COMMITTED SUICIDE. THE COMMISSION FINDS THE FORMER STATE AND THE MINISTER OF POLICE RESPONSIBLE FOR THEIR DEATHS AND RESPONSIBLE FOR THE GROSS VIOLATION OF HUMAN RIGHTS.

THE COMMISSION FINDS THAT THE POLICE WERE RESPONSIBLE FOR THE TORTURE OF MR MARK SHINNERS, ANOTHER ACCUSED IN THE BETHAL TRIAL. THE COMMISSION FINDS FURTHER, ON THE EVIDENCE OF MR SHINNERS, THAT IN ALL PROBABILITY ALL OF THE ACCUSED IN THE BETHAL TRIAL WERE TORTURED. THE COMMISSION FINDS THE POLICE, THE MINISTER OF LAW AND ORDER, THE COMMISSIONER OF POLICE AT THE TIME AND THE FORMER STATE RESPONSIBLE FOR THE TORTURE OF THE BETHAL TREASON TRIALISTS.

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.