IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND …€¦ · solcmon masala a30 johannes kopela ^ 9 solomon matlhase a40 ernest dickson a41 laurence mdlatlhegi otzokoa a42 bernard

IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION)

In the matter between:

KRUGERSDORP RESIDENTS' ORGANISATION First ApplicantDIKEME JOSHUA MAGOTLA Second ApplicantBETHUEL MONGWAKETSI Third ApplicantJACOB SAFATSA Fourth APPlicantSAMSON MAHATANE KATAKA Fifth Applicant

and

THE MINISTER OF LAW AND ORDERTHE DIVISIONAL COMMISSIONER OF POLICE. WEST RANDTHE MINISTER OF DEFENCE

F i r s t Respondent

Second Respondent

Third Respondent

I H D E X

Number DocumentPage

Marked nmrber

1

2

Notice of MotionPoinding affidavit of DIKEME JOSHUA MAKGOTLHOConstitution - Kagiso Residents Organisation

Affidavit of The Reverend Mr BETHUEL MONGWAKETSIAffidavit of The Reverend Mr JACOB SEFATSE

Affidavit of The Reverend DMr SAMSON KATAKAIndex of Police and Defence Force conduct inder headings set out ̂paragraph 22.5 of the Founding AffidvitAffidavits of the following persons:

AlAUBREY MPOPETE A2FRANCINA MDLANE a3CHRISTOPHER MOTSCMOTSO ^4HARRIS RAMAPOA a5JOHANNA MOKCWE a6MARCUS MATSAFU a7 ELIZABETH MOLEFEDAVID KDPELA a9MARIAN SENARE AlOHICKSON WALTERS ̂ AllEDWIN MOTSCWAYE a12DAVIS EUTI KDTSI a13ABRAHAM KOUNOU A14MARIA LEHODI a15TERENCE NAWANE A16JOHANNES DINTSIE MORRE ^17BERTHA MORARE a18MSABEUE OOODSON MABASA A]_9JOHANNES ZOKANI Al9aCORNELIUS ZOKANI a21STANLEY THAGE a22CONSTANCE WILLIAMS a23AMOS MOLETE A24JOHANNES MOSALA MAGODIELO A24aVICTOR MBUTHI MOMOGALE A25TITUS MDTSHABA a26ALOYS SEFORO A27JACOB ZULU A28PHILLIP MABINA ^ 9LAURENCE NANNE ^ 0 PULE TSHOLETSANESTELA MORAKELE A32JOHANNES SETHUNYA ^33ZINILE SONGILWA ^ 4ELIZABETH MOLEFE * 3 5SIMON PILANE A36EUGENE MALEBO a37SOLCMON MASALA A30JOHANNES KOPELA ^ 9SOLOMON MATLHASE A40ERNEST DICKSON A41LAURENCE MDLATLHEGI OTZOKOA a42BERNARD NCUBE A4 3 BONGANI DLAMINI

53

56

63 70 76 85 91 109 117 121 126 131 138 141 144 148 152 155 162 164 169 172 * 177 182 188 192 196 198 204 208 212 215 218 223 228 231 234 238 242 244 247 250 254 259 276 287

PHYLLIS INTOBIKAYISE XHALISAMSCN MAHATANE KATAKALAZARUS LAI NZWANETABANG GRAHAM MOTATENYANEEDWIN MSIBISELBY MAKGOPANYANELOUISA WILLIAMSJOAS KOBOYANKGWEBERTHA LANGAMARIA MEISIE SELUGILWEDOROTHY GCMEDEBOITUMELO CECILIA RABORIFIALFRED KERAPETSI NYAMANESIDWELL NKGABAIRENE MATSAFUBUSHY KELOBONYEBETHUNE TLOUCHARLOTTE MAAKEB F NOBELAIRENE MOTSOAHAESOPHIA RATLCXJNERIAH KELOBONYEDORCAS DIKANALYDIA KGOSINKWETHEM BILE DAVID KHOKHOFRANCINA SEGNEMAWETU MALOJIMMY MAGOTSI SEDUMEDIMARTHA MAKOBAJEANETTE MATSHABATHEDDORAH MARUBANEMAPULA MARIA LETSHABADOROTHY SOUZAN-*.ROOS MORUAKGCNOMAGGIE MARIBECHARLES McKENNAJAMES MATCH EISRAEL SEBETWANESIMON PHEHELO RAMAFIKENGWILLIAM MAISHATHOMI KAISER MADINIALEX MHLANGUMULITAH PHOOFOLOREV. MOLEFI JOSIAH MAAKELEONARD SEOPOSENGWECOLIN BOOYSENSKENNETH KGOATHISIAARCN SESINYIBOY HERMAN BOGOPANEJOAS RAGULEDAVID KEKANESOLLY KGCMONGOEDAVID RADEBE

A44 297A45 301A46 305A47 309A48 312A49 315A50 318A51 321A52 324A53 328A54 331A56 335A57 339A58 342A59 346A60 349A61 360A62 363A63 368A64 372A65 378A66 381A67 384A 68 388A70 390A71 394A72 397A73 403A74 407A75 419A76 424A77 426A78 436A79 440A80 444A81 448A82 454A82a 458A83 463A84 467A85 471A86 477A87 480A87a 485A88 489A89 499A90 504A91 507A93 510A94 514A95 518A96 520A97 524

JOHANNES LETHOBAJOHANNES BHEKIFA KHUMALOCHRISTENE O0OTSENGREGINA MCTHUBUKGANGSTANLEY MOJA SOLAOJOEL MAHUMARICHARD SPOORDIEDERIK SELEKEEDWARD KGOTAANGFENY MOLEFEVITOS MASEROHERMIENA MHLANGAMAYVIS MDLOKWANE NTAMBIYCMSAGODFREY DANISARICHARD SPOORSHELLIVA LERONEITLMELENG ABRAM LEKONESUSAN MAHLANGU

A98 526A99 528AIOO 532A101 537AI02 541Al02a 545A103 549A104 553A105 556A106 559A107 563A108 565A109 570A110 573Alll 576A112 598A113 601A114 605

000152



XRUGERSDOR? RESIDENTS' ORGANISATION First ApplicantDIKEME JOSHUA MAGOTLA Second Applican t5ETKUEL MONGWAKETSI Third Applican tJACOB SAFATSA Fourth ApplicantSAMSON MAHATANE KATAKA Fifth Applicant

and

THE MINISTER CF LAW AND ORDER T ? — « “ Z - s- oncep.z

RCLICE, WEST RAND S e c z r .d R~ S C C T. C r T: Z

THE MINISTER OF DEFENCE Th-ira Re see near.:

A F F I D A V I T

I, che undersigned,

TERENCE NAWANE

do hereby make cach and say:

1 I am a 41 year old male and reside a: 802

Mangope Street, Munsievxlle .

0001 53page

The facts contained herein are within my personal knowledge, and are true and cor-

rec t.

On aoout the ICth January 1936, I was in the

Backyard of a house belonging to a MR LSHODI

when I saw a nuraoer oc policemen coining to

wards me.

One of the policemen asked me: "Wat soek jv

hier”, whereafter the said policemen started

checns all over my occy and head, as a result

of which I fell to the ground. Cnee on the

grcund I was hit with rifle cutts, kicked and

tramced on.

The said policemen thereafter left and a

̂s “* * ” -nan a zee to cet inuO tne said

house.

Shortly afterwards a tearcas

inside- the house and I and

pants suffered greatly as a

One of the occupants was She

said M= LEHCCI, :•!APIA.

cannister landed

the other occu-

result thereof,

daughter of

0 0 0 I 54page

7 I was in great agony as a result of the saidassault and the next morning was taken by taxi to the Leratong Hospital. I was; how

ever/ only admitted on the Monday after being sent by my then employers/ on seeing my ccn-

d i tion.

5 I remained in hospital for a few days.

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

ON THIS DAY OF FEBRUARY 1936 THE

REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1253

OF 21ST JULY 1972 AND R1643 OF 19 AUGUST 1977 HAVING

3EEN COMPLIED WITH.

COMMISSIONER OF OATHS



KRUGERSDORP RESIDENTS' ORGANISATIONDIKEME JOSHUA MAGOTLA3ETHUEL MONGWAKETSIJACQ3 SAFATSASAMSON MAHATANE KATAKA

and

THE DIVISIONAL COMMISSIONER OF POLICE/ WEST RAMS

THE MINISTER OF DEFENCE

First ApplicantSecond ApplicantThird Applicant

Fourth ApplicantFifth Ap pi icant

First ?.eipendant

Second Respondent

Third Respondent

A F F I D A V I T

I , the unders igned,

JOHANNES DINTSIE MORARE

herebv trake oath and s 12 1a — a '

M i 'I am an adu l t male r e s i d i n g -at 29*5 ilmz ingv^jfj^

lls- ^ 0— ^Street/ Huns iev i i .

000156Page

The facts contained herein are within my personal knowledge and are both true and

correc t.

On Wednesday the 15th January 1936 I returned

home from work at about 6pm. and saw two

armoured vehicles/ a landrover, a grey van

and a -ord Sierra, all evidently police vehi

cles parked outside my mother's home.

across sv vcuncar sister and askec ~er what

the police were doing outside my mother's

house.

She told me that the police had been search

ing the house.

I crcceeiec to enter the house through the

backdoor, as is normally my habit and saw

that the kitchen furniture was in disarray-..,-

I had hardlv entered the kitchen when two

colicemen, one white men and one coloured man

in olain clothes also entered the .

Pa<

As I had not seen them on my way to the kitchen I can only assume that they must have appraoched the kitchen from the other side.

The white policeman said to me and my sister, who had entered the kitchen with me,

that they had seen a reference book in one of

the bedrooms. My said sister immediately

went into the main part of the house and

shortly returned with a reference book which

she handed to the said white policeman- he

locked at it and asked whose reference bcok

it was, to which I replied that it belongs to

mv deceased brother. He then handed the

reference book back to my said sister.

The same memoer then asked me if I resicec in

the house to which I replied in the afiirma—

tive. He proceeded to ask me for my refe

rence book which my sister went to fetch from

the outside room in which I sleep.

On her return she handed it to the said mem

ber who looked ac it and then handed it back

to my said sister.

000! en

000158Page 4

12

13

14

15

He then asked us if we had seen anybody arrive with a suitcase at the house that day to which I replied that I had not been at home as I had been at work..

The two policemen then left the house and we

followed them to the front of the house.

There I noticed a policeman sitting in the

said landrover talking on the radio ar.d with

in about a minute or two I saw a Toyota

plain cloches.

The col iceman who had just arrived in cne

Toyota Cressida get out of the said vehicle

and after he had done so I heard the police

man sitting in the landrover talking on the

radio shout tc the sail memcer that just

arrived, through the window oz the saio land-

rover, that he had discovered a house witix-a

similar number to this one.

I can only conclude that he must have been

referring to my mother's house when he s|gj§

"this one"

000159

Page 5

io

io

After that all the vehicles that had been parked in front of my mother's house, departed .

I thereafter again went inside the house,

this time by the front door, which was open

and saw that the bedroom door of my brother's

room was cracked and the lock broken.

Although I did not co into the room I could

see through tha doer which was partially open

that bcxss which were normally on too o: his

wardrobe were on his bed _as well as clothes

which are normally in his drawers and ware—

roce.

1 9 i walked dewn the passage and went into the

dining room which leads off to the left from

the passage and also found the furniture in

the diningroom in total disarray. Thereafter

I went through the kitchen to my mother's

bedroom, which leads off from the kitchen and

tounc all he: clothes lying on her bed and

the drawers and wardrobe open and empty. The

drawers which fitted into cabinets connec£&

000160Page 6

Co my mother's headboard were lying on the

ground.

20 AfCer my brocher arrived chac evening/ ic was discovered chat chree kicchen knives and a clock he normally keeps in his bedroom were

no longer in Che house. I can only conclude

c ha c chese icems muse have been removed by

che persons who had searched our house.

2 1 Mv said siscer cold me aftervarcs chat mem

bers cf first r a spender, c had e n terse “ ne

house without knocking while she was inside,

with weapons in their hands and that upon

seeing them, she had run out ot tne hcuse.

In this regard I respectfully rater tne

Honourable Court to che affidavit of SERTSA

MORARE, attached hereto and marked annexure

- "A17".

22 It was quite apparent that no search warrant

was shown to anybody and chac my mccher s

house was encered illegally by Che saic mem

bers and propercy damaged maliciously by them

withouC any apparenc reason anc from che

000161

Page 7

conversation I overheard it appears that they have unlawfully searched the wrong house.

CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

AMANOA CHOHM %500



KRUGERSDOR? RESIDENTS’ ORGANISATION First Ap piicantDIKEME JOSHUA MAGOTLA Second Ap pi icant3ETHUEL MONGWAKETSI Third Ap piicantJACOB SAcATSA Fourth Ap piicantSAMSON MAHATANE KATAKA Fifth Ap piicant

and

THE MINISTER OF LAW AND ORDER First Respondent

1171511M A1 COMMISSIONER CFrlHIE, WEST RAND Secone Re sconce.-.:

THE MINISTER OF DEFENCE Third Re spondent

A F F I D A V I T

I, che undersigned,

3ERTHA MORARE

hereby make oath and say that:

7 r ^ ^ S 2 V 2 f* ^ 2 S u y c d IT G i G o v . U G £ 1 1 w r

presently in Std 5, and reside with my mother

at 296 Umzingwane Street, MUnsieville.

0001 63?ase 2

The facts contained herein are within my personal knowledge and are both true and correct.

I have read the affidavit of my brother JOHANNES DIMTSE MORARE and confirm the con

tents thereof as far as any reference is made

to me .

I further confirm that I hac seen what I told

3iv brother I had seen.

DEPCNENT

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

THI5 il DA* 0F ?S3RrjAR- 1965 THE REGULATIONS CONTAINED IN GOVERNMENT MCTICE NO. RI258 OF 21ST JULY 1972 AND R1643 OF 19 AUGUST 1977 HAVSSG SEEN COMPLIED WITH.


A M A N O A C H O R N2SCO Santam sam njm

21Q J a cca 3 (r »9 t Jonannaaoun j 2C0t

C om m issioner z t 0 a f"3 Et-O M c:o/Pracrtainq irj-.-nev 3.3.A.

000164

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAMD LOCAL DIVISION)

■< = UG-?SDOR? RESIDENTS' ORGANISATION Fi rst ApplicantDIKEME JOSHUA MAGOTLA Second Applicant3ETHUE1 MCSGWAXETSZ Third Applican tJACC3 SAFATSA Fourth Applican tSAMSON MAHATAME KATAKA Fi f th Applicant

THE DIVISIONAL CCMMISSICMER OF

THE MINISTER

Sscorrd Rrsoondent

DEFENCE Third Respondent

A F F I D A V I T

I, trie undersigned/

MS A3 EM E GCCDS£5N MA3ASA

co heredv make cath and say:

7 Ncrmanici

male ordinarily resi

Street/ Kagiso 2.

iden t

V , r r ' MKV*

000165

Page 2

The facts herein contained are both true and

correct and are within my personal know

ledge .

I am Chairman of the Saciso East Residents'

Committee. The committee was formed in i932

with the aim of liaising with the relevant

authorities on behalf of those Tsonga speak

ing parents and pupils in the district.

The district comprises mainly Tscnga-speakmg

persons and oeing a Tscnga myself I have been

interested in establishing a school ana more

particularly a Std 7 class for Tsor.ga pupils

in Saciso.

On the 15th January 1986 I convened a meeting

at the Kagiso Senior Secondary School. At this meeting I intended to discuss the import

of two letters relating to the establishment

of a school for the Tsonga community. The

first was a letter from the Circuit Inspector

of the Department of Education and Training

in Krugersdorp to myself dated 13 Cecember

1985 enclosing a letter for my attention.

000166

Page 3

The second letter dated 26 November 1986 was

written on behalf of the Kagiso Town Council

to the Circuit Inspector explaining that a

site was to be found and rezoned for the

establishment of a Primary School.

The meeting was convened with the knowledge

and permission of the Heac Master o: the

Kagiso Senior Secondary School and his staff.

It was attended by approximately 3CG-5CC

peo pie .

At accroximately 5.20 cm. I ca_lec cne tneec-

inc to order and was 3 |:~ " ~ — when twoi C5 7snic 15 3 i.ti ws3 announced

frcm a loudspeaker mounted upon cne vehicle

that the meeting was illega— and i_rrau. C.. e

meeting was given three minutes to disperse.

After I heard the announcement I lett the

hall and- went out sice to tal.< to the police.

I went up to a police vehicle, a Chevrolet

van, and spoke to the three occupants. -

explained that the meeting had been convened

s imoiv to discuss the twc aforementioned

letters

\

000167Page 4

They replied that the Mayor of the township,

MR MAKETSI was not aware of the meeting and

that therefore the meeting was illegal. They

also said that I was talking "kak" when I tried to explain my position further. I

asked them to explain to the meeting the

reason for declaring it illegal, but they

refused to do so.

I returned to the meeting and before I had

had t iae tc ex-Iai-*'. to the meeting why they

should disperse a teargas cannister was

thrown into the middle of the crowd. Pande

monium ensued. Eve'ryo'ocy attempted to get

out of the meeting area at the same time.

Xjfa teargas was tired into the school yard

where the meeting was held and as persons ran

out of the school premises they were followed

by teargas cannisters.

Many oeoole were injured in the rush._ I

mvself took five people to the Leratong hos-

3 i~al for treatment. Afterwards persons came

to me anc said that they had lost their per

sonal belongings in the chaos: shoes,

watches, personal jewellery and spectacles.- "7\fj

y

c

000168Page 5

12 I have held meetings for the past seven years

at the School. Each time I asked only the

permission of the Headmaster. I was never

told that my meetings were illegal nor that I needed the permission of the Mayor to hold

one. I was not informed, until the police

arrived/ that the meeting was illegal. The

police showed me no document which stated

that the meeting was illegal.

I HEREBY CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED

THAT HE KNOWS AND UNDERSTANDS THE CONTENTS OF THIS

AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R125 3

OF 21ST JULY 1572 AMD R1543 OF 19 AUGUST 1977 HAVING

BEEN COMPLIED WITH.

COMMISSIONER OF OATHSM

FICNA CRAC3 VIcLACHLAN“ O M M 'S iiC N E S CP CAT'r-S• a>C*iS..NC /»” CRNEV*C'A vSC:C.4u •‘RTS’IC f=s* i” iĈ NNESoL'SCS £ ? U 8u C CP S C U ~ - aM -.CA

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)


KRUGERSDCR? RESIDENTS' ORGANISATION First ApplicantDIKEME JOSHUA MAGOTLA Second ApplicantSETHUEL M0NGWAKET3I Third ApplicantJACOB 5AFATSA Fo ur th Applican tSAMSON MAHATANE KATAKA Fifth Applicant

and

THE MINISTER OF LAW AND ORDER First Respondent

THE DIVISIONAL COMMISSIONER Oc POLICE, WEST RAND Second Respondent

THE MINISTER OF DEFENCE Thi rd Re s conden t

A F F I D A V I T

JO5ANNES ZCKANI

ic - maxa a.iu oa v •

I am an adui t male, residing at 2865

Drive, Sagisc 2.

000170

Page 2

The facts herein contained are both true and correct and within my personal knowledge.

At about 13h00 on 15 January 1936, I attended a meeting held at Kagiso Senior Secondary

School. The meeting was to be addressed by

MR MABASA, and was to be a report-back on the

establishment of a new Tsonga School.

At the meeting, there were some 300 people

(mostly adults) seated in a grassed area

between the classroom buildings.

When I arrived at the meeting I rounc a Chev

vehicle and some landrovers driven by a num

ber of white policemen. As I appraocnea the

grass area I heard an announcement being made

over a public address system, to the eizect

that the meeting was an illegal gathering and

that the people had three minutes within

which to disperse.

He fora the three minutes had exaosea, some

two or three teargas cannisters were tired

over the classroom roof into the grassed

where the people were gathered. . v.•/K":

6 Together with others, I fled the teargas. I heard shots being fired.

7 I returned home. Some time later, my son, CORNELIUS ZOKANI, was brought home by a citizen. He had numerous shotgun pellets in his

left leg. On 17 January 1986/ my son was

admitted to the Hillbrow Hospital. On 31

January 1985, we was discharged. He is still

unable to walk and requires physiotherapy.

~*T t. 1/ ^ '4-nr?DEPONENT

000171Page

I HERE32 CERTIFY THAT THE DEPONENT HAS ACKNOWLEDGED THAT HE KNOWS AND UNDERSTANDS THE CONTENTS 0? THIS AFFIDAVIT WHICH WAS SIGNED AND SWORN TO BEFORE ME AT

ON THIS tO''" DAST OF FS3RUAR'! 1986 TEE REGULATIONS CONTAINED IN GOVERNMENT NOTICE NO. R1258 OF 21ST JCL£ 197 2 AND R154S OF 19 AUGUST 1977 HAVING 3EEN COMPLIED WITH.


FIONA CRAC5 MeLACHLAf- C O M M IS S IO N S * O P O A T H S PRACTISING ATTORNEY 7 0 ! A V lE D lC A L A R T S 2 2 0 |E.a o € S T R E r T . IC H A N N E 3 3 U R C R E P U B L IC C F S O U T H a F R iC a

Collection Number: AK2145 KRUGERSDORP RESIDENTS’ ORGANISATION AND 4 OTHERS v. THE MINISTER OF LAW AND ORDER AND 2 OTHERS 1986 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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Documents

IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND …€¦ · solcmon masala a30 johannes kopela ^ 9 solomon matlhase a40 ernest dickson a41 laurence mdlatlhegi otzokoa a42 bernard