Evidence given during inquests, civil claims and prosecutions of 'security force' personnel has partially lifted the blanket of secrecy thrown over police and army operations by the State of Emergency. However, only a small fraction of violent attacks are dealt with in the courts, as few victims are able to take legal action, and the emergency severely restricts court powers.
In particular, Section 12 of the emergency regulations (Proclamation No.96) states that 'no civil or criminal proceedings shall be instituted or continued in any court of law' against the State President, cabinet ministers, 'any member of a Force' or 'any person in the service of the State' for any act carried out 'in good faith' under the emergency regulations. It is presumed that actions are carried out 'in good faith' unless proved otherwise. Courts are obliged to terminate any proceedings which fall under this regulation, which are then deemed to be void.
The scope of Section 12 is not clear. In at least one case where it was invoked by police facing prosecution, it was not accepted by the court – the accused were however acquitted of murder on the grounds that they were following orders (see the case below of Kruger and Villet, POLICE ON TRIAL below). In another case, in November 1987, where Constable Cebisile Mkohle was prosecuted for assault and murder, the defence lawyer stated: 'The whole purpose of the emergency regulations is to protect unlawful behaviour [by the 'security forces)].' If they were designed only to protect lawful behaviour there would be no point in them since lawful behaviour is already protected.'
DAMAGE CLAIMS Despite restrictions, the government has been forced to pay large sums in damages to victims of 'security force' violence and in some cases where people have been tortured in detention. The largest award arose out of 51 claims following the massacre at Langa, Uitenhage, where at least 21 people were killed by the police in March 1985, before the emergency was imposed.
In September a damages action for R312,000 against the Minister of Law and Order was initiated in the Cape Town Supreme Court by 21 families and the Methodist Church in Africa. The case arises from the destruction of KTC squatter camp and three nearby sites in June 1986, which left 60,000 people homeless. A further 3,198 claims totalling more than R5 million are pending.
The case seeks to show police involvement in planning the attack on the squatter camp by 'witdoek' vigilantes; protecting and transporting the 'witdoeke'; preventing residents from defending their properties by driving them off with teargas and shooting; and burning down dwellings. In the opening weeks of the action, several witnesses, including a number of clergymen, gave evidence of police vehicles escorting armed 'witdoeke' in an advance on the squatter settlement. One witness described how 'witdoeke' were transported in Casspir armoured vehicles.
The attack on KTC took place despite an interim court interdict restraining the police, SADF and 'witdoeke' from attacking the settlement. The Minister of Law and Order opposed the interdict, but by the time the matter was brought before the courts in August 1986 KTC had been destroyed. Describing the case as 'academic', the Minister withdrew and offered to pay costs. KTC residents saw this as an attempt to prevent them from bringing evidence to court and they began civil proceedings.
INTERDICTS The destruction of KTC demonstrates the ineffectiveness of many restraining orders issued against the 'security forces' by the courts. Nevertheless, applications for interdicts shed light on police and military actions under the emergency. Most interdicts are brought by relatives of detainees in efforts to prevent torture and assaults (see DETENTIONS in previous issues of FOCUS) while some involve attempts to restrain 'security force' attacks on communities.
Two such cases were heard in July. In the Durban Supreme Court, seven residents of Chesterville sought an order restraining a special police unit which had been deployed in their township. They said that police were mounting night raids on homes, indiscriminately detaining youths for interrogation and torture with electric shocks.
In the Cape Town Supreme Court in July, the Bhongolethu Civic Association (BHOCA) was granted an interdict restraining local 'kits-konstabels' (Special Constables deployed after only six weeks training).
Bhongolethu residents said that 14 Special Constables were recruited by the police in January 1987 and sent back to the township with weapons shortly afterwards. Described by BHOCA as 'vigilantes who have been officially licensed to terrorise anyone whose views differ from their own', the Special Constables carried out 'a reign of unchallengeable terror', rounding up residents and torturing them in the presence of other police.
Despite the interdict, the Bhongolethu police shot five residents and assaulted eight others in the following four months. In affidavits filed in the Cape Town Supreme Court residents said that when they attempted to lodge charges of assault against the Special Constables they were further assaulted in the presence of ordinary police.
POLICE ON TRIAL In most cases, police or troops responsible for beatings, killings or violent attacks on civilians are not punished. Prosecutions do not result even from some of the most notorious killings, such as a massacre at Kabokweni, White River, in March 1986. However, private prosecutions are sometimes brought by individuals, often with the aid of community legal organisations.
State prosecutions of police or troops have taken place in some cases where there has been a gross breakdown in discipline, where personnel have clearly acted in unauthorised ways, where there has been extensive negative publicity, where attacks have been carried out against other members of the 'security forces', or where transgressions are seen in more of a criminal than political context.
The Minister of Law and Order disclosed in parliament in March 1987 that during the previous year 253 policemen had been convicted of assault, culpable homicide or murder. Of those convicted, 28 had previous convictions. An incomplete survey of press reports in the second half of 1987 revealed at least 29 prosecutions involving 65 police, with dozens of cases pending.
Many of these trials reveal drunkenness, abuse of authority, thieving and violence.
- At least 33 charges were being prepared against Municipal Police from Duncan Village (Gompo) in East London, following reports of more than 50 assaults made to the local Black Sash advice office. According to the Black Sash, these were 'just the tip of the iceberg'. Answering questions in parliament, the Minister of Law and Order disclosed in August that one complaint of murder, four of attempted murder and 56 of assault had been made against the Gompo Municipal Police between 28 November 1986 and 26 June 1987. One policeman was awaiting trial on murder charges and three on assault charges. One of these involved assault on a seven-year-old boy.
- Warrant Officer Paulus Kruger and Constable Ernest Villet were acquitted of murder and attempted murder in the Cape Town Supreme Court in September on the grounds that they were following orders. The two men had hidden in a garden near a street corner in the suburb of Bellville South with instructions to 'eliminate' anyone attempting to set up barricades. They opened fire on a group of young people running past, killing 21-year-old Sarah VAN WYK and injuring three other women. Later Kruger threatened to kill one of the injured women unless she stopped moaning with pain.
The men were congratulated on their 'good work' by senior officers. A police brigadier admitted in court that a false report on the incident had been filed, stating that the men had been attacked by a group throwing stones and burning tyres.
- A trial in progress in the Eastern Cape town of Graaff-Reinet during the second half of 1987 revealed drunken and murderous behaviour in police ranks. Warrant Officer Leon de Villiers and Constable David Goosen were charged with murder and assault following a bout of drinking, assaults, torture and executions involving the Port Elizabeth Reaction Unit.
The men in the unit had sworn an oath of 'blood brotherhood' by cutting their forearms and mixing the blood. Nevertheless, some of the policemen gave evidence against the two accused. They said the unit had been sent from Port Elizabeth to Cradock on 25 July to control a funeral scheduled for the following day. On the way they got drunk on brandy.
At 2am they heard a radio report that a police Casspir had been stoned in the Lingelihle township and they decided to go on an 'unofficial' patrol. Wearing balaclavas and armed with rifles, shotguns, knives, a spade and an axe, they drove around looking for 'suspects'. They assaulted a number of people they came across, beating and throttling them, and Goosen killed Andile PLAATJIES by stabbing him. The night foray ended with one of the constables firing his shotgun at 'unknown targets'.
The next morning they went on patrol during the funeral and detained several people. The detainees were all interrogated and assaulted. The policien tortured at least four detainees by suffocating them with plastic bags, but obtained no information.
Wheanut STUURMAN was detained and severely tortured because he was wearing a Cradock Youth Association T-shirt. According to one of the witnesses, Constable Neveling, Warrant Officer de Villiers declared: 'This boy must be taken out. He is too badly injured to detain.' They then drove to a nearby river where Constable Goosen killed Stuurman with a shot through the back of his neck.
