Events during the early part of 1984 raised new concern for the health of people detained without trial. Another detainee died in detention in January and the following month a security policeman stood trial for the murder of a detainee who was killed in 1983. An inquest was opened into the death of a detainee in March 1983 and a former detainee sued the police for assault.
The trial of security policeman Jan Harm van As for the murder of Molifi Paris Malatji was held in the Rand Supreme Court in February.
When van As was convicted of culpable homocide and sentenced to a 10 year jail term he was the first security policeman convicted in connection with the death of a detainee. However, as Malatji was not held under security legislation police did not count the case as a death in detention.
Molifi Paris Malatji was arrested on 4 July 1983 on suspicion of having ANC connections. Evidence from other detainees led the police to believe he had undergone or was about to undergo military training. In addition, police believed he had reproduced ANC pamphlets and they removed a typewriter from his home on the day of his arrest.
Malatji was arrested under Section 50 of the Criminal Procedure Act (CPA) under which most suspected criminals are held prior to being charged. Charges must be laid within 48 hours. Much of the controversy surrounding the case arose from the use of this Act for what was in fact a political detention. The court heard that his interrogation on the day of his death was to be conducted 'in the light of state security'.
Malatji was shot dead at Protea police station the day after his arrest, when he was alone in a room being interrogated by van As. According to a code of regulations drawn up in November 1982 relating to the interrogation of detainees at least two policemen should have been present.
Another regulation forbids security police-men being armed during interrogation. Van As claimed ignorance of the regulations saying he had only been transferred to the security branch some six weeks previously.
Much of the trial was taken up with expert ballistics evidence. Van As claimed that Malatji committed suicide after grabbing the pistol from his holster while his back was turned. However, the judge rejected this story.
The court accepted evidence that Malatji was shot at point blank range through the forehead while in a kneeling position. The judge however, chose not to find van As guilty of murder as charged. Instead, he suggested that van As forced Malatji to kneel for interrogation and held a pistol to his head to intimidate him. Van As was found guilty of culpable homocide on the grounds that Malatji might have moved in self defence when the pistol, its safety catch released, was levelled at his forehead. The shot then could have been fired inadvertently.
Following van As's conviction the prosecution gave notice of its intention to appeal against the lesser charge, arguing that he should have been found guilty of murder.
There was a good deal of public discussion when details of Malatji's interrogation became known, at first because interrogation under the CPA was not regulated by the code of conduct introduced in December 1982 for interrogation under security legislation. Later, a member of the Lawyers for Human Rights group pointed out that interrogation under Section 50 of the CPA was quite unlawful. Section 50 suspects may make statements but not be cross-examined.
Malatji's parents instituted a civil claim against the Minister of Law and Order in January, claiming R51,000.
The death in detention of Samuel Mugivhela TSHIKHUDO on 20 January 1984 drew attention to two aspects of detention without trial: the secrecy which surrounds detentions, particularly in the bantustans, and the abuse and torture of detainees which continue in spite of protest.
Seven people were detained in early November 1983 in the Venda bantustan for allegedly harbouring guerillas. Two of them were named at the time as Robert RATSHITANGA and Alfred DENGE. The names of the others, Ronald MAKHOMO, Petrus MUDZIELWANA, Samuel RADAMBA and Wilson SINYEGWA were only made known after the death of Tshikhudo. On 13 December an attorney acting for them was informed by the head of the Venda bantustan security forces that the men were in good health. He was refused access to them.
Tshikhudo was admitted to hospital the day before his death. A telex from the commander of the bantustan force to Tshikhudo's attorney said that a doctor had diagnosed his illness as typhoid and/or diabetes. This information was later withdrawn.
The post mortem into the death of Tshikhudo was held on 26 January in Johannesburg with two doctors representing his family. They expressed the view that Tshikhudo would have been incoherent and obviously dying when admitted to hospital. They felt sure he had been 'dreadfully ill for days and days'. His eyes were 'deeply sunken and he was dehydrated'. The doctor at Tshilidzini hospital recorded that the patient was markedly dehydrated with a faint pulse and no blood pressure registered.
In February it was learned that Petrus Mudzielwana and Alfred Denga had been admitted to hospital. Denga had suffered a major loss of weight and was thought to have a kidney complaint. His wife saw him in hospital and hardly recognised him. On 22 February a hearing in the Venda Supreme Court succeeded in obtaining an undertaking from the bantustan authorities to release and charge the remaining detainees by 24 February. They were seen by a doctor who reported that all had suffered severe weight loss (of over 27 kg in one case). Alfred Denge had tried to hang himself.
On 24 February Robert Ratshitanga and Petrus Mudzielwana were charged. Wilson Sinyegwa and Alfred Denge were released from detention under Section 6 of the Terrorism Act and redetained under Section 12b of the Internal Security Act (ISA) which permits the detention of potential state witnesses. These two Acts are still in force in the Venda bantustan, although repealed elsewhere. Daniel Radamba was released without charge on 24 February. There was no mention in the press for some time of Ronald Makhomo but he is also thought to have been released.
During March there was a sequel to an earlier incident of brutality in the Venda bantustan. Three Lutheran clergymen detained between November 1981 and June 1982 were awarded damages and costs in an out of court settlement with the Venda National Force. Dean Simon Farisani, Rev. M.P. Phaswane and Rev. Phosiwa received a total of R13,500. They were detained at the same time as Tshifhiwa Isaac MUOFHE who was killed in detention in November 1981. They had claimed R20,000 each following assault and electric shock torture.
Tembuyise Simon MNDAWE was allegedly found hanged in a cell at Nelspruit police station on 8 March 1983 two weeks after being detained as an alleged 'terrorist'. An inquest into his death began in February 1984; no conclusion was reported in the press. In evidence the acting district surgeon said Mndawe refused to undress or discuss any injuries when he examined him following his arrest. Dr. Viljoen said he assumed any external injuries could have been caused as a result of a 'scuffle' which police told him took place during the arrest. When asked by the defence for the family why he had failed to mention a broken cheekbone in his report, Dr. Viljoen said he probably had not noticed it. The state pathologist said it was unlikely the cheekbone was injured with a boot or shoe.
Auret van Heerden, former president of the National Union of South African Students (NUSAS) sued ten policemen for alleged assault while he was detained between September 1981 and July 1982. Van Heerden stated he had spent over 10 hours with his wrist handcuffed to his ankle. He received electric shock treatment and feared strangulation.
