This resource is hosted by the Nelson Mandela Foundation, but was compiled and authored by Padraig O’Malley. It is the product of almost two decades of research and includes analyses, chronologies, historical documents, and interviews from the apartheid and post-apartheid eras.
Accused no. 5 pp. 1 - 2: Record of Proceedings
IN THE SUPREME COURT OF SOUTH AFRICA.
(WITWATERSRAND LOCAL DIVISION)
The Honourable Mr. Justice BOSHOFF.
In the matter of:
THE STATE versus WILTON MKWAYI & OTHERS.
PLEA: Accused Nos. 1 to 5 - Not guilty.
For the State: Mr. Masters and with him Mr. Tucker.
For the Defence :
Accused No. 1. -. Mr Bizos
Accused No. 2. -. Mr Zwarenstein, Mr Bizos
Accused No. 3. -. Mr Hare
Accused No. 4. -. Mr Bizos
Accused No. 5. -. Mr Bizos
-RECORD OF PROCEEDINGS –
MR. MASTERS: My lord, before the charge is put, I also apply for certain amendments to the indictment which I
have mentioned to my learned friend, and I hand in a copy of the amendments which are applied for.
MR. BIZOS apologises for the absence of Mr. Zwarenstein,
and also informs the Court that there is no objection to the application for the amendment to the indictment.
MR. HARE: No objection.
BY THE COURT: The amendment is granted.
ACCUSED NO. 5: My lord, when I first appeared in this Court, I tried to tell the Judge about what had happened to me. I was told that I should tell it to you. I,
therefore, would like to tell you about the numerous occasions when I was beaten and tortured while I was interrogated by the Security Branch during my 90 day detention.
The first occasion I was beaten, was on the 8th of July. On this occasion my beatings commenced at about o'clock in the morning and continued intermittently throughout the day, until about 6 o'clock in the evening. Included in the beatings, were times when my hair was pulled, occasions when I was beaten on the head with a baton for approximately about 45 minutes without stop. I was also kicked on my testicles, punched in my solar plexes and kicked. My penis was placed on a table, and hit with a baton, including an occasion when my penis was put on a table, and a plank with a nail protruding was placed across my penis, and pressed upon my penis. Several occasions thereafter, the variations this treatment was continued, until a second later session of beating took place on the 24th of August, I think. On that occasion again, a similar sort of treatment, but this time including an occasion when a sword was placed across my throat. It was also held across my only good eye. It was held against my throat and I was lifted slightly with it. I was hit with a sword in the side of my neck, plus one of the captains in the security force, used a pistol on my head. This sort of treatment had taken place on several occasions, I cannot remember the precise dates off-hand. I will have to consult notes for the precise occasions when this took place.
BY THE COURT: Well, a record of these complaints will be forwarded to the Attorney-General with instructions to investigate these complaints.
MR. MASTERS applies for the further particulars to be part of the record.
MR. MASTERS Outlines case.
MR MASTERS informs the Court that the State will be calling accomplices as witnesses in this case, and applies that each of these witness' evidence be heard in camera, that no member of the public be present while the evidence is given, and that the identity of the witnesses be not revealed, that is that his name not be published and any evidence which might disclose his identity, the reason for this being that there is a very real danger of reprisal.
MR BIZOS : No objection
MR HARE : No objection
BY THE COURT: Well, application has been made by Mr. Masters to lead the evidence of certain accomplices in camera, because according to him it is in the interest of the administration of justice that the names of those accomplices should not be disclosed. There is no objection to this application on behalf of the defence. It seems a reasonable one, and the application will be granted. In the circumstances, the Court will have to be cleared so that these witnesses can be called.
THE COURT IS CLEARED.
MR. MASTERS: My lord, just before the witness testifies, the State has a list of exhibits, which Miss Oosthuizen intends handing. There are still negotiations with the defence, and it may be possible that a number of these exhibits will not be handed in, but so that your lordship may be able to follow the position as the exhibits are handed in, I have prepared these lists. (Mr. Masters explains the lists to Court).
THE STATE CALLS:
BRUNO MTOLO, declares under oath