1 January 2001

INTRODUCTION

From a practical point of view, torture is a difficult concept to deal with because, it is not a specific crime in our law, but is covered by the crimes of common assault and assault with intent to cause grievous bodily harm, and perhaps to a lesser extent by the crime of intimidation. It is probably correct to regard it as a form of assault. In practice we sometimes find it difficult to distinguish between torture and other forms of assault and it is possible that some cases of torture may have been classified as assault.

A SUMMARY OF CASES

MPUMALANGA

CCN2000ML 000138

It is alleged that during September 1999, three women were, on different occasions and places, arrested by members of the SAPS at Hazyview.

After the arrests, they were handed over to the Murder and Robbery Unit in Nelspruit for interrogation. During the course of the interrogations, they were allegedly tortured and assaulted. They were throttled and suffocated with plastic bags, which were tied around their necks. When these methods failed to elicit the kind of information the police were looking for, the members concerned resorted to more brutal methods. They then used the notorious ‘helicopter’ method and the victims were allegedly suspended and left ‘hanging’ for a considerable period of time, as a consequence of which they all became incontinent, urinated and defecated upon themselves. One of the ladies was also assaulted indecently. The barrel of a rifle was pushed into her vagina. They were then incarcerated at Nelspruit police station for a week before being transferred to a local prison. Upon arriving at the prison, they requested and received medical treatment. Although they immediately laid criminal charges against the members involved, at the time they approached the ICD, they had not received any progress report from the police.

The ICD is actively monitoring the investigation of this case.

NORTH WEST

CCN 99NW 000403 Garankuwa CR 201/12/98

The complainant in this matter, Mr Anton Mokhele, was allegedly arrested by 10 members of the Murder and Robbery Unit at Garankuwa police station, who accused him of having murdered his wife. The complainant was allegedly assaulted and tortured by these members on a number of occasions. He was slapped, booted and hit with fists several times. He was also forced to stand on one leg. He was kicked whilst in this posture and at the same time a statement was being obtained from him.

Furthermore he was handcuffed, stripped naked and his head was covered with a canvas bag, which was tied tightly around his neck, and thereafter his head was immersed in water. The complainant laid a charge of assault with intent to do grievous bodily harm, vide CR 201/12/98. The ICD investigated the matter and eventually the Director of Public Prosecutions declined to prosecute the members concerned, due to lack of evidence. The ICD has decided not to pursue the matter any further.

Klerksdorp CAS 998/12/97, 726/02/98 and 834/02/98

The complainants in this matter including Mr Joseph Mokoena, were arrested on 24 December 1997 for attempted armed robbery at Klerksdorp. They were allegedly subjected to a series of electric shocks. They were ultimately admitted to a hospital where they were treated for their injuries. They subsequently laid charges against the members involved.

Their case was initially investigated by the police and referred to the Director of Public Prosecutions (DPP) in Pretoria, who declined to prosecute. However, subsequent to this, some information that was received by the Wits University Law Clinic at the time the complainants brought an interdict against the police, was brought to our attention. We then investigated the case, but could not find enough evidence to substantiate the allegation. The cases have been closed as unsubstantiated.

CCN 2000 110451 Assen CR 13/11/2000-12-23

In this case the complainant alleges that on 8 November 2000, he was electrically shocked, assaulted and also a snake was put upon him by police officers. The case is still being investigated by the ICD.

EASTERN CAPE

CCN99EC000073/ Port St Johns CR 23/04/99

On 3 April 1999 members of the Public Order Policing Unit (POP) were in the Majola area in the Eastern Cape to monitor the violence that had arisen there. They had some information concerning the whereabouts of suspects sought by the SAPS in connection with the commission of a certain unspecified offence. In their attempts to locate the whereabouts of the suspects, the SAPS members allegedly tortured, at random, some members of the public believed to be in possession of information on the whereabouts of the suspects. After the assault, some of the victims were taken to a camp used by the POP. They were allegedly transported in a box used to house police dogs. On arrival at their camp, it was discovered that one of these people had died. The ICD investigated the matter and it is currently pending before the courts, where the members of the POP are facing charges of murder and assault with intent to do grievous bodily harm. The case was recently remanded to 5 March 2001, for trial.

CCN 99EC000305/ Umtata CR 945/10/99

On 16 September 1999 the complainant, a scholar, was taken into custody by the SAPS. The allegation against her was that of housebreaking and theft. On the same day two more scholars were arrested. The complainant later approached the ICD and alleged that she and the other scholars were tortured by the SAPS. They were allegedly sjamboked by the police during the period they were held in police cells. The purpose of the torture was to induce them to admit to involvement in the housebreaking and theft offence, which the police were investigating at that time. They were detained for one night and were released the following day without being charged. The investigation has been completed and the docket will now be forwarded to the DPP.

CCN 2000 EC401150/ Barkley East 36/04/00, 41/04/00

On 10 April 2000, members of the SAPS stationed at Barkley East arrested six juveniles suspected of housebreaking and theft. The police initially arrested two boys and allegedly assaulted them with a view to extracting information as to the whereabouts of the other perpetrators. Three more juveniles were arrested as a result of the information provided by those who were arrested first. The juveniles who were arrested last were instructed to remove their clothing and to submerge themselves in a dam full of water. When one of the boys tried to raise his head above the water, a firearm was pointed at him. It is also alleged that during this time they were stoned by the police. As a result of information extracted from the three juveniles who were arrested last, another juvenile was arrested. Two of the juveniles were then tied to a police vehicle with ropes and made to run on either side of the moving vehicle. When one of the ropes snapped, a SAPS member decided to pull, from inside the vehicle, one of the boys by his arms whilst the vehicle was in motion. At some stage both boys fell and the vehicle drove over the deceased boy’s head. The ICD took over the investigation on 13 April 2000 and following the conclusion of our investigation, a number of recommendations were made to the DPP, who in turn decided to prosecute the members involved on the following charges: culpable homicide, assault, the pointing of a firearm, theft and attempting to defeat the ends of justice.

They are due to appear in the Elliot Regional Court on 26 March 2001, for trial.

CCN 2000 EC 90092 Zwelitsha 138/07/2000

The complainant in this matter was on his way home from a recording studio, when he saw people picking up money from the ground. He joined in and thereafter left for home. Later the police arrived at his home, assaulted him and took money from him.

Before joining in the picking up of money, the complainant had in his possession cash of his own in the amount of R5000 and the police took all his money when they arrested him. The complainant was first taken to East London prison where he was incarcerated. Later, he was taken to a place where he was electrically shocked, and choked. The complainant never received any medical treatment for his injuries in spite of his request that he be taken to a hospital. Instead he was transferred to Fort Jackson Prison.

The investigation has been finalised and the case has been referred to the DPP for a decision.

CCN 2000 EC 80300 – Ibisi CR 02/8/2000:

A mother and her son were arrested following a shooting incident. Whilst in custody they were allegedly each handcuffed and tied to a chair. Plastic bags were put over their heads, and tightened around their necks causing them to suffocate and this procedure continued until they lost consciousness. When they regained consciousness they discovered that their clothes were wet and it appeared as though they had been doused with water. The woman was also allegedly assaulted by four members of the service.

The case is being investigated by the ICD.

Mqanduli CR12/8/99

On 31 July 1999 an off-duty member of the Umtata Public Order Policing Unit and two of his friends allegedly assaulted three juveniles after accusing them of assaulting an elderly person in one of the villages. The assault took place throughout the night and one of the juveniles, Nikelo Kalimashe, died from injuries sustained during the course of the assault.

Following the death of Nikelo, the member concerned surreptitiously removed the body to a private funeral parlour near Umtata, without reporting the death to the police. Thereafter he tried to persuade the deceased’s mother not to lay a charge against them and offered to pay the costs of the funeral. Charges were only laid when the deceased’s father arrived from Johannesburg and insisted on laying criminal charges. The ICD took over the investigation and apprehended the suspect. The case is currently pending before the courts and has been set down for trial on 26 March 2001.

NORTHERN PROVINCE

Jane Furse CR 22/02/99

On 16 February 1999 at about 07h00 the complainant, Mr Samuel Moela, was arrested at Jane Furse Meat Plaza by six members of the Vaal-Rand Murder and Robbery Unit. He was arrested for questioning in connection with a robbery that led to the death of five people in the Vereeniging area. In particular, the police wanted to establish from him the whereabouts of a certain Ben Sithole, who was apparently one of the suspects. After the arrest he was taken to Jane Furse police station for questioning. Later he was taken to a river bank. He was blindfolded and assaulted by being kicked on his stomach and back.

The members drove around with him. During the course of this, he was allegedly assaulted and electrically shocked. Later a helicopter arrived and the complainant was taken on board the helicopter. At some point during the flight, his arrestors threatened to push him out of the aircraft. Eventually he was suspended outside the aircraft and left dangling outside for a few minutes.

After the aircraft had landed, he was put into a vehicle which headed in the direction of Nebo and Mosterlus. At some point between Nebo and Mosterlus, he was pushed out of the vehicle and left by the roadside. Some members later returned to fetch him. He was taken directly to St Ritas Hospital, where he received medical treatment and was hospitalised for a considerable period. The members who took him to the hospital were allegedly untruthful to the hospital authorities as to the circumstances surrounding his injuries. They said that they had found him drunk along the road.

The members allegedly involved in this matter are: Captain Naidoo, Insp Steyn, Insp Steenkamp, Sgt Visagie, Sgt Grobbler and Sgt Villiers.

The ICD investigated this case and has finalised its investigation. The docket will now be forwarded to the DPP.

KWAZULU-NATAL

Tongaat Police Station

The complainant was arrested for housebreaking and theft and taken to Tongaat police station, where he was questioned about some stolen motor vehicles. During the questioning the police insinuated that he was involved in criminal activities because he had a "big house’’ and was driving around with luxury cars.

The complainant states further that he was removed from his cell to a small adjacent office, where five highly intoxicated police officers started beating, punching and suffocating him with a rubber tube. When he asked for water after the beatings, he was given human urine, which was forced down his throat by the officers. He was released after two days, without being charged and was admitted to hospital for four days, where he also underwent trauma counselling.

A case of assault is being investigated against the members involved and is being monitored by the ICD.

CCN 2000 KZN 110455

On 26 November 1999 the complainant was sitting next to a Toyota Cressida when an Indian male approached him and shot at him without saying a word. He ran into the bush and hid. Thereafter the police from Umkomaas arrived, called out his name and told him to come out of his hiding place. When he came out, an Indian policeman shoved him to the ground, put his boot on his chest and set a dog on him. He also took the complainant and cuffed his hands against the van and again set a dog on him while other members were watching.

The SAPS are investigating a case of assault with intent to do grievous bodily harm - vide Scottsburgh CAS 56/12/00. The ICD is monitoring the case.

GAUTENG

Brixton Murder and Robbery Unit

The complainant alleges that on 17 May 2000 he was handed over to the Brixton Murder and Robbery Unit by his attorney, after he had been informed the previous day that the police were looking for him in connection with a charge of murder.

On 18 May 2000 he was allegedly taken out of his cell by an officer who took him to the charge office, where they were met by another officer. The two officers took the complainant to another room that looked like a toilet, where they found yet another officer.

The complainant was allegedly asked by these three officers to take off all his clothes, which he did. He was then tied to a chair and blindfolded. An object was placed between his legs, and a liquid substance was poured into this object. He was then electrically shocked. He alleges further that another object was put over his face and he was suffocated. This happened several times, and every time he would be asked about cash and a motor vehicle allegedly used in a robbery. The complainant alleged that the torture occurred for about 20 minutes.

The ICD was informed of the alleged torture by the Wits Law Clinic. The complainant was taken to the District Surgeon for a medical examination. Blood and urine samples were taken from the complainant for forensic tests.

The case is still being investigated by the ICD.

CCN98GT000262

The complainant alleges that he was arrested on 25 April 1998 by two members stationed at the Vaal–Rand Murder and Robbery Unit. He was taken to the offices of this unit, where he was tied to a chair, blindfolded and tortured by means of electric shock. He was also suffocated. The police sought to induce him to confess his involvement in the attempted murder of his wife.

He was further denied access to his attorney. Eventually he managed to contact a colleague and asked him to arrange for a lawyer to assist him. When the Investigating Officer got to know about this, he was tortured again as punishment for having contacted a lawyer.

He was then taken to a Magistrate to make a confession. He told the Magistrate about the torture, but asked the Magistrate not to mention this in the statement, as he was afraid that he would be tortured again.

The ICD was notified of this incident on 28 April 1998. The case was investigated and referred to the DPP’s office. The DPP decided to prosecute both members on a charge of assault with intent to do grievous bodily harm. The case is currently pending before the courts.

Vanderbijlpark – CAS 529/02/99, 761/02/99, 562/02/99, Sebokeng – CAS 398/02/99, 263/02/99

These cases arose from the same incident as the case of Mr Sam Moela which has already been dealt with above. The same officers implicated in the assault and the torture of Mr Moela also feature in most of these cases.

Following the death of the owner of a butchery and five of his employees in the Vaal area, who were apparently robbed and murdered, a number of people, who were approached and questioned by members of the Vaal-Rand Murder and Robbery Unit in connection with these crimes, subsequently made a number of allegations against members of this Unit. Amongst the allegations levelled at the Unit were those of torture and various forms of assault.

The facts and circumstances of each case are set out hereunder.

Vanderbijlpark – CAS 761/02/99

Bennett Sithole and Madoda Mnguni were arrested on the same day by members of the Vaal-Rand Murder and Robbery Unit and were taken to the offices of the unit for questioning.

Apart from the accusation of theft of a cellphone levelled by Bennett Sithole against Sgt Reiner Grobler, Mr Sithole states that he was also assaulted and ‘tubed’ in order to make him confess that he took part in the robbery. Indeed he agreed to confess and was subsequently brought before a Magistrate for his confession to be reduced to writing. He was again allegedly assaulted by Sgt Grobler after it became evident to the latter that the statement he had made to the Magistrate did not amount to a confession.

Madoda Mnguni makes similar allegations. He was assaulted and ‘tubed’ by members of the Vaal-Rand Murder and Robbery Unit. He was also struck on the head with a baseball bat by Sgt Grobler and he made a statement to the police under duress.

The members of the unit who were allegedly involved in the assault are: John Eric Gates, Andries Steyn, Ravichandaan Naidoo and Reiner Grobler.

The investigation has been completed and recommendations have been forwarded to the DPP.

Vanderbijlpark – CAS 562/02/99

Frederick Mphela was arrested by a group of about 8-10 members, among whom were Sgt R Grobler and Capt Naidoo. Stg Grobler and Capt Naidoo and a third member whose name is unknown to the complainant, were travelling together with the complainant, towards Vereeniging.

At some point during the journey, a jersey was pulled over the complainant’s face, preventing him from seeing where they were. The car then stopped. The complainant’s legs were tied together and he was made to lie prostrate on the ground. The complainant was then repeatedly electrically shocked on his hands, legs, knees, back, feet, buttocks and genitals. A tube was also pulled over his face. Whilst he was still being tortured, a fourth member, John Gates, joined his colleagues.

The torture was intended to induce the complainant to "tell the truth" about the robbery referred to above. After the torture the police proceeded to his residence and shop, where a search was conducted. He was then incarcerated and charged with robbery.

The investigation has been completed and the docket will now be forwarded to the DPP.

Sebokeng – CAS 398/02/99

On 18 February 1999, the complainant in this matter, Ms Martha Japisane Sithole, was picked up at her residence by six members of the police service, who dropped her off at the offices of the Vaal-Rand Murder and Robbery Unit.

While in the offices of the unit, she was questioned by Sgt Grobler as to the whereabouts of one Ben Sithole and when she indicated that she had no knowledge of his whereabouts, Grobler threw a hammer at her, which missed her but hit the wall. Then Grobler and a colleague, a Supt Celliers, slapped her on her ears several times. Grobler also hit her on the head with a hammer. Supt Celliers also sprinkled some substance which looked like sugar on the head of the complainant as a consequence of which she lost her sense of hearing.

The medical reports issued by a number of medical practitioners which the complainant consulted show that the complainant sustained a triangular perforation of the right tympanic eardrum, which is consistent with trauma of the right ear. An examination of the complainant by an optometrist has also established that the complainant has restricted vision, particularly in the right eye.

The investigation has been completed and our recommendation is that both Supt Celliers and Sgt Grobler be charged with assault with intent to cause grievous bodily harm.

Sebokeng – CAS 263/02/99

The complainant in this case, Ms Jane Siphiwe Skhosana, was allegedly assaulted by a group of members of the service on 12 February 1999. The assault took place at her home. When the police arrived at the complainant’s home they enquired of her whether she was a girlfriend of one Thabo and when the complainant responded in the negative, a witness was brought forth by police to confirm that in fact the complainant was Thabo’s girlfriend. The complainant then immediately admitted that she was a girlfriend of Thabo. She was then summarily assaulted by the police and sustained an open wound above her left eye.

Although the medical report seems to be consistent with the complainant’s allegation, the complainant and other witnesses were unable to positively identify the members involved. The ICD is still pursuing this matter.

FREE STATE

CCNFS 000156

The complainant, Petrus Dlamini and his friend George were reportedly arrested by the police in Parys in 1992. After being arrested they were taken to a cemetery and thereafter to a river, where they were blindfolded and then electrically shocked. No criminal charges were laid by the complainant at that time. They only approached the ICD during the year 2000. In view of the length of time that elapsed between the incident and the reporting thereof, it was difficult to investigate this case successfully.

CCNFS 000261

The complainant, Mr Mandla Hadebe, was arrested at his house in February 2000 for possession of a stolen firearm, by a group of about 7 police officers. He was taken to a police station. He alleges that he was electrically shocked and repeatedly kicked so as to make him confess to having committed some crime. He was later put into a cell with no blankets, no bed and its state of hygiene left much to be desired.

The matter is still being pursued by the ICD.

CCNFS 000317

The complainant, Mr Hamilton Mndebele, was arrested on 22 November 1999 and initially incarcerated at the Virginia police station. Later, members of the Welkom Murder and Robbery Unit arrived and took him to their offices in Welkom. On arrival he was ordered to take off his shirt and to pose for a photo. His face was hooded and he was choked. His feet were also tied with wire and later he was electrically shocked.

The matter is still being investigated.

WESTERN CAPE

CCN98WC 149

The complainant, Mark Steyn, alleges that on/about 26 January 1997 his grandmother’s house was searched without a search warrant by six police officers for an alleged stolen CD player. During the course of the search the six officers used abusive language towards his grandmother. The complainant was assaulted with an axe, until he lost consciousness and thereafter bundled into the boot of a vehicle. The police drove him to a cemetery in Belhar where he was again assaulted and told to run away. When he did this he was shot at by the police. The complainant’s mother reported the matter to the Bishop Lavis police station. Bishop Lavis police arrested the six police officers and they were later released on bail.

The ICD’s intervention was limited to establishing why there was a delay in finalising the investigation and this issue has now been finalised.

CCN99WC 231

The complainant, a news reporter, alleged that a certain Mr Magida was arrested for hijacking by the Phillipi East police and was taken to a secluded beach in Monwabisi, where he was tortured by some members of the Detective branch. According to the allegation the victim sustained multiple bruises to his face, neck and other limbs.

The victim was reportedly chained and beaten with a steel pipe. The matter was investigated by the Internal Investigative Unit and ICD monitored the case. The investigation has been concluded, and the case is now before the DPP.

CCN99WC 620

The complainant and another person were travelling in a car when they were suddenly pulled off the road by the police. At the same time shots were fired but none of them were injured. Their vehicle was searched, after which they were arrested and taken to Camps Bay police station. The complainant and his companion were accused of a robbery which apparently had taken place 2-3 hours earlier in Cape Town. They were interrogated by Murder and Robbery unit members. He was asked where the money box and fire-arms used in the robbery, were. When he could not answer the question, a pistol was pushed into his mouth and a plastic bag was pulled over his head. The complainant started sweating and had difficulty breathing. Complainant alleges he was severely assaulted because the police wanted him to provide more information on the robbery. After the assault had ended he was taken to the Bellville Murder and Robbery Unit, where Detective Locker confiscated R1 300 from him.

The case is being investigated by the ICD.

SUMMARY

It would appear, from the above summation of the cases currently being dealt with by the ICD, that the most common forms of complaints with regard to torture are:

• Assaults,

• Suffocation of victims and

• Application of electric shocks to the bodies of victims.

These forms of torture feature in the majority of cases being dealt with by the ICD.

In terms of Article 2(1) of the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, South Africa is, as a signatory to the Convention, obliged to institute effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. Torture is not only proscribed by the Torture Convention, but it is also prohibited by our own Constitution (Section 12 (1)(d) Act No 108 of 1996).

I have had sight of the SAPS policy on torture and it appears to be a good policy as it is based on the principles of both the Constitution and the Torture Convention. If the policy had been strictly enforced, it would certainly have gone some way in eliminating torture and similar malpractices. It would seem that the successful implementation of the policy depends to a large extent on the co-operation of Station Commissioners. In the majority of cases reported to the ICD, the Station Commissioners indicated that they were unaware that torture was being perpetrated in their own backyards and this seems to suggest that most Station Commissioners are not sufficiently enthusiastic in implementing the policy. Although some of the incidents occurred outside the premises of the various stations, the majority of them occurred within premises of police stations and if the Station Commissioners had been keeping an eye on interrogations of suspects, some of these malpractices could have been avoided.

In conclusion I would recommend that a Working Group be established to look at preventive action strategies which would aim to reduce the incidence of torture in the Service and ensure the successful implementation of the torture policy. If this recommendation is accepted, the ICD would welcome its inclusion.