TRC Final Report

Volume 3

Chapter 5

Subsection 30

Torture prior to terrorism trials

200 A number of section 29 detentions resulted in terrorism trials. In some instances, a trial-within-a-trial was held to determine the validity of the confession because of frequent allegations of torture to extract confessions. Without exception, the security police denied the torture and the judges ruled the confessions admissible. For example, Lieutenant Liebenberg denied all allegations of torture made by the accused in the terrorism trial of Mr Lizo Ngqungwana and twelve others.

201 Mr Robert Nana Maliti (22) [CT00133] was arrested in Crossroads in October 1988, allegedly in possession of a limpet mine. Whilst in custody he was assaulted so severely by Benzien inter alia that he suffered a brain haemorrhage and had to undergo emergency brain surgery. He was later sentenced to five years’ imprisonment. Maliti was permanently physically and mentally disabled by the assault.

202 Trialists from the terrorism trial of Mr Ashley Forbes and fourteen others raised aspects of their torture at Benzien’s amnesty hearing. Mr Ashley Forbes was arrested on 16 April 1986. He was subjected to the wet bag method while he was naked; a metal rod was inserted in his anus and he was electrically shocked. He was also further assaulted, hit on the head and eyes and had his head hit against the wall until he lost consciousness. His eardrum was broken, he was choked and his nostrils were pulled until they bled. Fellow trialists Mr Niclo Pedro and Mr Peter Jacobs were also subjected to the wet bag method. Pedro was hung from the burglar bars on the window and assaulted.

203 Trialists from the terrorism trial of Mr Tony Yengeni and thirteen others also allege torture. Mr Tony Yengeni was assaulted and subjected to the wet bag method. Mr Gary Kruser was handcuffed to the office burglar bars with his feet dangling in the air, assaulted and subjected to the wet bag. This was conceded by Benzien.

204 Mr Bongani Jonas was shot in the legs by askari David Matamela Musimeke and Constable Patrick Siyali [AM7997/97] on his arrest in September 1987. Both femurs were shattered and he was bleeding profusely. En route to Culemborg, Warrant Officer Barnard of the Riot Unit sat on his injured legs. At Culemborg the askaris held his hands while his leg was jumped on. Medical attention was withheld from him until he agreed to co-operate with the police and take them to an arms cache in Khayelitsha. He was carried in a blanket and his legs were thrown around violently. He was taken to hospital six hours after being shot.

205 Similarly, Mr Mthetheleli Titana was shot four times during his arrest. His injured leg was twisted and wrung repeatedly. “A Warrant Officer grabbed Titana’s leg and wrung it around like an old car’s starter sling. The Warrant Officer made the noise like a starting car.”²⁰ Like Jonas, he was forced to take police in search of arms caches before being given medical treatment.