Page 2 AD PARAGRAPH 2 - Historical Papers, Wits University · 2 AD PARAGRAPH 2 The plaintiffs do not admit that the members of 32 Battalion entered Phola Park as a result of the alleged

2 AD PARAGRAPH 2

The plaintiffs do not admit that the members of 32 Battalion entered Phola Park as a result of the alleged aforementioned shooting, since they have no knowledge as to the reasons why the squatter camp was entered.

3 AD PARAGRAPH 3

The plaintiffs have no knowledge of the incident during which Sergeant MPANDE was shot.

4 AD PARAGRAPH 4

The plaintiffs do not admit that members of 32 Battalion returned fire when they were shot at, but aver that after entering the squatter camp, the members of 32 Battalion fired shots at random amongst the houses of the squatter camp, as well as shooting directly in the direction of the houses and at persons.

ER/CT/11608947 o p h o la p .rp y Page 2

ER/CT/21608947QFHOLAP.r p y Page 3

5 AD PARAGRAPH 5

Whereas the plaintiffs admit that members of 32 Battalion discharged 5,56mm ammunition on 8 April 1992, it is denied that this type of ammunition was the only type of ammunition fired by members of 32 Battalion on the day in question.

B INQUIRIES IN TERMS OF RULE 37(4)(b):

1 AD PARAGRAPHS 1.1 AND 1.2

The plaintiffs particularized under these headings have no knowledge as to what calibre firearm was used in the shooting by -

1.1 the people that shot at the members of 32Battalion, of which incident the plaintiffs in question have no knowledge;

1.2 members of 32 Battalion.

70PHOLAP.RPY P ^ g e 4

ER/CT/2160894

2 AD PARAGRAPHS 1.1 AND 1.3

The plaintiffs' particularized under these headings allege that they were shot at by members of 32 Battalion on the basis that members of 32 Battalion opened fire in Phola Park, and that the plaintiffs were then struck by bullets discharged from rifles/arms fired by members of 32 Battalion.

3 AD PARAGRAPHS 2.1 (a) TO (d)

These questions are matters which should be traversed when evidence is led.

4 AD PARAGRAPH 2.1(e)

On the basis that NOMATUSE GQUMIZA gave birth to the three DUBE plaintiffs, it is alleged that they were her biological children.

ER/CT/11608947QPHOLAP. RPY P a g e 5

5 AD PARAGRAPH 2.1(f)

The birth certificates of the three DUBE plaintiffs, who are currently in the Transkei, will be furnished as soon as possible.

6 AD PARAGRAPH 2.1(g)

On the basis that TATANA WILLIE MAKISI impregnated the mother of the two GUSHA plaintiffs, it is alleged that they are his biological children.

7 AD PARAGRAPH 2.1(h)

The birth certificates in respect of the GUSHA plaintiffs will be provided as soon as possible.

8 AD PARAGRAPH 2.2

The particulars required are contained in the plaintiffs' particulars of claim in this regard.

ER/CT/21608947QPHOLAP.rpy Page 6

9 AD PARAGRAPH 2.2.2

Save for plaintiffs ALFRED MAGXALA and STEPHEN MAVIMBELA, the plaintiffs in question were assaulted in their homes.

10 AD PARAGRAPH 2.2(b)

The plaintiffs in question were at their homes when they were shot at, save for NORA KAY, who was shot in her aunt's home.

C MATTERS RAISED FOR DISCUSSION IN TERMS OF RULE 37 (4) (d) :

1 AD PARAGRAPH 1

1 . 1 A reply to the further particulars can be expected during the week of 25 August 1994.

1.2 The attorneys of record do not act for the plaintiffs listed under this heading any longer and have no knowledge as to whether they have abandoned their claims or not.

ER/CT/1160894

7QPHOLAP.rpy Page 7

2 AD PARAGRAPHS 5 AND 6

The plaintiffs' attitude is that the question of costs is a matter for argument.

3 AD PARAGRAPH 7

The plaintiffs have not pleaded to the defendant's amended plea, which including plea in terms of the unrest regulations, and will do so during the week of 3-5 August 1994.

I 7TV' 'DATED at JOHANNESBURG this 1 day of AUGUST 1994

NICHOLLS CAMBANIS & ASSOCIATESPlaintiffs' Attorneys 3rd Floor, 132 Fox Street2 001 JOHANNESBURGBOX: 8694 JOHANNESBURG 2 000 TEL: 331 6919/331 331 6927-9 REF: MR H SITHOLE

TO THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

/AND TO:

ER/CT/2160894

7 o p h o la p .rp y Page 8

AND TO:STATE ATTORNEYDefendant's Attorneys St Mary's Building 85 Eloff Street 2001 JOHANNESBURGRef: MR J PRETORIUS/6663/92/P5

STAATSPRQj^yH&Ugfron (vanG

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RECEIVED COPY HEREOF THISDAY OF CliA * 199tL l

n ODEFENDANT'S ATTORNEYS

PH 466IN THE SUPREME COURT OF SOUTH AFRICA(WITWATERSRAND LOCAL DIVISION) CASE NO : 92/26573

In the matter between : -

NKONYANA. (MOFOKENG. CONSTANCE Plaintiff

and

MINISTER OF DEFENCE Defendant

NOTICE OF SETDOWN

BE PLEASED TO TAKE NOTICE that the above matter has been set down for hearing

at the above Honourable Court on this the 4th day of May 1995 at 09h45 in the

forenoon or soon soon thereafter as Counsel in the matter may be heard.

DATED at JOHANNESBURG on this the 4th day of JANUARY 1995.

NICHOLLS, CAMBANIS AND ASSOCIATES PLAINTIFF'S ATTORNEYS 3RD FLOOR, 132 FOX STREET JOHANNESBURG REF : H.V.SITHOLE

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

- 2 -

AND TO :THE STATE ATTORNEYDefendant's Attorneys10TH FLOOR, NORTHSTATE BUILDING95 MARKET STREETJOHANNESBURGRef ,6657/92/P33/ldm/M R. J P RETO Rl US

Received copy hereof on the *3^ day of 1995.

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DEFENDANTS ATTORNEYS

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9

4

IN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)

CASE NO:P/H 308

In the matter between:-

92/26573

NKONYANA, (MOFOKENG) CONSTANCE Plaintiff

and

THE MINISTER OF DEFENCE Defendant

FILING SHEET: DEFENDANT'S DISCOVERY AFFIDAVIT

Presented for Filing by:-

STATE ATTOf DEFENDANT1 S' /ATTORNEY10th FLOORVNORTH STATE BLDG.95 MARKET STREET, cnr KRUIS STR PRIVATE BAG X9 J O H A N N E S B U R G

REF TO: J. PRETORIUS REF NO: 6631/90/P33/JC TEL NO: 336-2961

./ 2

THE REGISTRAR OF THE ABOVE HONOURABLE COURT J O H A N N E S B U R G

TO:

AND TO:NICHOLLS CAMBANIS & ASSOCIATESPLAINTIFF'S ATTORNEY3rd FLOOR132 FOX STREETJ O H A N N E S B U R G

COPY HEREOF RECEIVED ON THIS

d a y OF MARCH 1995.

For/PLAINTIFF'S ATTORNEY

W I1H 0U T PREJUDICE t o RIGHTS

■v> 1

IN THE SUPREME COURT OF SOUTH AFRICA

fWITWATERSRAND LOCAL DIVISIONS

Case Number ; 26553/92

In the matter between:

DABULA, Paulina 29 OTHERS

^ and

THE MINISTER OF DEFENCE Defendant

First Plaintiff Second to 30th Plaintiffs

DEFENDANT'S DISCOVERY AFFIDAVIT

I, the undersigned:

HENDRIK JOHANNES LUiiS

do hereby make oath and state:

1. I am a Lieutenant-Colonel in the South African NationalDefence Force and duly authorized to make this affidavit on behalf of Defendant, the facts hereof being within my personal knowledge, unless otherwise stated, and are to the best of my belief true and correct.

y

2.

• 3 ‘

4.

The Defendant has in his possession or power the documents relating to the matters in question in this action and set forth in the First and Second Schedules hereto.

The Defendant objects to produce the documents set forth in the Second Schedule hereto for the reason that the same are privileged.

According to my knowledge and belief the Defendant has not now, and has never had in his possession, custody or power, or in the possession, custody or power of any person on his behalf, any documents of or extract from any documents relating to the matters in question in this cause other than the documents set forth in the First and Second Schedules hereto.

DEPONENT

SIGNED AND SWORN BEFORE ME AT ON THIS THE ((>“"* DAYOF 1994, THE DEPONENT HAVING ACKNOWLEDGED THAT HEKNOWS AND UNDERSTANDS THE CONTENTS OF THIS AFFIDAVIT, CONSIDERS

- 3 -

SAME TO BE BINDING UPON HIS CONSCIENCE AND THAT HE HAS NO OBJECTION TO TAKING THIS OATH.

(p r ? J 9 * 7

COMMISSIONER OF OATHSFULL NAMES: EX OFFICIO: ADDRESS:

• • • • • [SUjD-AFRIKA^Nr^ PDUFJElu :s r . 39

a a n k l a q x a n t o o r

1994 -03- 1 7C H A S T E C F R C E

SENL JOHAN COET2EE F*CXJSe£TASrE

SOUTH AFRICAN POLICE

FIRST SCHEDULE

ITEMNO.

1.

2 .

3.

5.

6 .

7.

8 .

9.

0 10.

1 1 .

12 .

13.

14.

15.

16.

DATED DOCUMENTORIGINAL

/COPY

13/4/92 Letters of Nicholls, Cambanis &Associates to Minister of Defence

20/7/92 Letter of Nicholls, Cambanis &Associates to Minister of DefenceCopy of the proceedings in application under case no. 93/13246

8/12/92 Letter of Nicholls, Cambanis & Associates to State Attorney




16/3/93 Letter of State Attorney toNicholls Cambanis & Associates







26/7/94 Letter of Nicholls, Cambanis & Associates to State AttorneyProceedings before the Goldstone Commission

0

SECOND SCHEDULE

Correspondence between attorney and client containing communication of a confidential nature with the object of obtaining legal advice in relation to the matters in question in this action prior to, in contemplation of and during the continuance of these proceedings.

Statements of witnesses and reports brought into existence prior to, in contemplation of and during the continuance of these proceedings and correspondence and documents in relation to the evidence to be- used and in relation to information which might lead to the obtaining of such evidence or otherwise to enable the Defendant's case in this action to be conducted, which statements, reports, correspondence and documents are, by their nature, privileged.

Plans, photographs, instructions to Counsel, cases for the opinion of Counsel, notes and opinions.thereon with Counsel's advices and drafts of documents given upon such instructions and briefs to Counsel, which came into existence prior to, in contemplation of and during the continuance of these proceedings, solely for the purpose of obtaining for or furnishing to the Defendant's attorneys legal advice in relation to these proceedings,

or which have not made confidential in relation to the matters in question in this action, which said documents are, by their nature, privileged.

4. All other documents and correspondence brought intoexistence to enable the Defendant's case in this action to be conducted, which are, by their nature, privileged in respect of the proceedings between the parties.

- 2 -

****************

r f . f -

V

\

SECOND SCHEDULE

ITEMNO. DATED DOCUMENT

ORIGINAL/COPY

1. 20/7/92 Letter of Minister of Defenceto State Attorney



^ 4. 11/9/92 Letter of State Attorney toMinister of Defence

5. 30/11/92 Letter of State Attorney toMinister of Defence

6. 1/12/92 Letter of State Attorney (JHB)to State Attorney (PTA)



9. 16/3/93 Letter of Nicholls Cambanis &Associates to State Attorney

• 10. 30/3/93 Letter of State Attorney toNicholls Cambanis & Associates

11. 31/3/93 Letter of State Attorney toNicholls Cambanis & Associates

12. 4/5/93 Letter of Nicholls CambanisAssociates to State Attorney


14. 17/5/93 Letter of State Attorney (PTA)to State Attorney (JHB)

15. 8/7/93 Letter of State Attorney (JHB)to State Attorney (PTA)


17. 26/7/93 Letter of State Attorney (PTA)to State Attorney (JHB) O

h L

h <j

- 2 -



20. 20/6/94 Letter of State Attorney toMr Jacobson

21. 22/6/94 Letter of State Attorney toAttorney General






27. 21/7/94 Letter of State Attorney toDr Van Reenen

o

o

0

v -r

PH 466IN THE SUPREME COURT OF SOUTH AFRICA (WITWATERSRAND LOCAL DIVISION)


NKONYANA. CONSTANCE (MOFOKENG)

and

THE MINISTER OF DEFENCE

CASE NO : 92/26573

Phintiff

Defendant

NOTICE OF REMOVAL FROM THE ROLL

BE PLEASED TO TAKE NOTICE that the above matter has been removed from the

Roll of the 13 SEPTEMBER.

DATED at JOHANNESBURG on this the ^ day of 1 9 9 4 .

NICHOLLS, CAMBANIS AND ASSOCIATES PLAINTIFF'S ATTORNEYS 3RD FLOOR, 132 FOX STREET JOHANNESBURG REF : H.V.SITHOLE

TO:THE REGISTRAR JOHANNESBURG

AND TO:THE STATE ATTORNEY DEFENDANT'S ATTORNEYS 10TH FLOOR, NORTH STATE BUILDING 95 MARKET STREET JOHANNESBURG REF : MR.J.PRETORIUS 6657/92/P33/ldm

Copy hereof received on this the day of AUGUST 1994.

__________________ ________________

§T A AT SP R O K U R Eppijaat3a - : - i . r- G X9

jC r • ! . - v t. / j êfaTVANG SCNOfcR V A f*R 5 *m

138^ -08- Z 3’.'r: v?o w<THO;.'T pnEu -.-.ict tv o,'>rfTs

tyo/tiv?........‘T-.PPSTATE ATTOcî • .1Y j

FOR: DEFENDANTS ATTORNEYS

PH 456IN THE SUPREME COURT OF SOUTH AFRICA fWITWATERSRAND LOCAL DIVISION)

In the matter between: -

NKONYANA. CONSTANCE (MCFOKENG

and

THE MINISTER OF DEFENCE

CASE NO : 92/26573

\

Plaintiff

Defendant

NOTICE OF SETDOWN

BE PLEASED TO TAKE NOTICE that the above matter has been set down for hearing

at the above Honourable Court on this the 13th pay of SefStenafeer 1994 at 09h45 in the

forenoon or soon soon thereafter as Counsel jn the matter may be heard.

DATED at JOHANNESBURG on this jay of '/

1994

a n ^NICHOLLS, CAMBANIS AND ASSOCIATES PLAINTIFFS ATTORNEYS 3RD FLOOR, 132 FOX STREET JOHANNESBURG

TO:THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND T O :THE STATE ATTORNEYSDEFENDANTS ATTORNEYS10TH FLOOR, NORTH STATE BUILDING95 MARKET STREETJOHANNESBURGREF : 6671/92/P5/JC

: .A A i '‘CUPEUR

nEctavtr- v “ -c.i o f wants TYSrtiME......... <~ • O S .............

Receiv of

•edcopy hereof on this the \lay Ounc 1994.

n o Ofor: Defendant's Attorneys

PH 466IN THE SUPREME COURT OF SOUTH AFRICA(WITWATERSRAND LOCAL DIVISION) CASE NO : 92/26573


NKONYANA. (MOFOKENG) CONSTANCE Plaintiff

and

MINISTER OF DEFENCE Defendant

NOTICE IN TERMS OF RULE 35 (1)(6)(8) & (10)

BE PLEASED TO TAKE NOTICE that in terms of Rule 35(1), the Defendant is required

to make discovery on oath within 20 (TWENTY) days from the date of service hereof,

of all documents and tape recordings relating to any matter in question in this action

which are or have at any tine been in the possession or the control of the Defendant's,

his attorneys or agents.

AND TAKE NOTICE FURTHER that in terms of Rule 35(8), Plaintiff requires Defendant

to furnish written particulars of dates and parties of or to any document or tape

recording intended to be used at the trial in the above action. The Defendant is

furthermore required within 15 days before the date of trial to furnish a notice : -

a. Specifying the dates of and parties to the general nature of any document or

tape recording which is in his possession;

b. Specifying such particulars as he may have to identify any document or tape

recording not in his possession, at the same time furnishing the name and

address of the person in whose possession such document is.

GRIFFIER VAN Dtf H00GGEREGSH0F(WITWATERSRANDSE PLAASLIKE AFDEUNG)

PRIVAATSAK/PRIVATE BAG X7

1995 -0 3 - 1 0JOHANNESBURG 2000

(WITWATERSRAND LOCAL DIVISION)

REGISTRAR OF THE SUPREME COURT

V

- 2 -

AND TAKE NOTICE FURTHER that in terms of Rule 35(6) the Defendant having made

discovery, is required to make available for inspection any documents or tape

recordings so discovered.

AND TAKE NOTICE FURTHER that in terms of Rule 35 (10) the Defendant is required

to produce at the hearing of this matter such documents or tape recordings as are

discovered by them.

® DATED at JOHANNESBURG on this the day of MARCH 1995.

NICHOLLS, CAMBANIS AND ASSOCIATES PLAINTIFF'S ATTORNEYS 3RD FLOOR, 132 FOX STREET JOHANNESBURG REF : V.SITHOLE

TO:THE REGISTRAR SUPREME COURT JOHANNESBURG

A AND TO :THE STATE ATTORNEY DEFENDANT’S ATTORNEYS 10th Floor- Northstate Building 95 MARKET STREET JOHANNESBURG REF : 6657/92/P33/ldm Mr.Pretorius

Received copy hereof on,this the (O day of March 1995. fh\

DEFENDANT'S ATTORNEYS

S T A A T S P R O K U R E U RP R IV A A T S W ^ iW A f r ; 3 AG X3

ONTVANG SuROW WBWBJbtG VAN REOTC1995 -03- ! 0

RECE*V*ED W TT KX JT P - > ^ J 0 :0 £ 0 * H IG H T? :

T Y p /T IV g .............................Z f / . S f e : . ____ I

STATE ~ ATTeBijjrl

Collection Number: AK2702 Goldstone Commission of Enquiry into PHOLA PARK Records 1992-1993 PUBLISHER: Publisher:-Historical Papers, University of the Witwatersrand Location:-Johannesburg ©2012

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Documents

Page 2 AD PARAGRAPH 2 - Historical Papers, Wits University · 2 AD PARAGRAPH 2 The plaintiffs do not admit that the members of 32 Battalion entered Phola Park as a result of the alleged