ph 466 im the supreme court of south africa …€¦ · received copy hereof on this day of march...

PH 466IM THE SUPREME COURT OF SOUTH AFRICAWITWATERSRAIMD LOCAL DIVISION CASE NO : 92/26573

In the matter between : -

NKONYANA. CONSTANCE Plaintiff

and1 j

THE MINISTER OF DEFENCE Defendant

FILING SHEET

PLAINTIFF'S DISCOVERY AFFIDAVIT PRESENTED FOR FILING BY : -

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO :THE STATE ATTORNEY Defendant's attorneys 10th Floor, North State Buildings 95 Market Street JOHANNESBURGRef. 6657/92/P33/ldm /M r. J Pretorius

NICHOLLS, CAMBANIS & ASSOCIATESPlaintiff's attorneys3rd Floor, 1 32 Fox StreetJOHANNESBURG REF. H V SITHOLE

RECEIVED COPY HEREOF ON THIS DAY OF MARCH 1995.

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


NKONYANA. CONSTANCE (MOFOKENG) Plaintiff

and


£ PLAINTIFF'S DISCOVERY AFFIDAVIT

I, the undersigned,

CONSTANCE NKONYANA (MOFOKENG)

do hereby state under oath : -

1. I am the Applicant in the above matter.

2. I have in my possession or power documents relating to the matters in question

in this matter set forth in the First and Second parts of the First Schedule hereto.

3. I object to producing the documents set forth in the Second part of the said

schedule hereto, for the reason that same are privileged upon the grounds set

out in the Second Schedule.

4. According, to the best of my knowledge and belief I do not, and never had in my

possession, custody or power, or in the possession, custody or power of my

attorney or agent, or any other person on my behalf, any document relating to

any matters in question in this cause other than those documents set forth in the First and Second parts of the First Schedule hereto.

1995 -03- 1 5

/ in $ fa n < ?S DEPONENT

ofon this the /^dayTHUS D^NE, SIGNED AND SWORN to before me

^ t d t f r Deponent having acknowledged that she knows and understands the contents of this affidavit, and that she has no objection to taking this

oath, and considers this oath binding on her conscience, and having uttered the words "So held me God", before me.

FIRST SCHEDULE

PART ONE

NO. DOCUMENT DATE COPY/ORIGINAL

1. Identity Documents

1.1 John Msimango (Dube)

1.2 Constance Nkonyane (Mofokeng)

1.3 Getrude Sithole

1.4 Tatana Willie Makisi

2. Birth Certificates

2.1 Andele Gusha

2.2 Simphiwe Gusha

3. Death Certificate of Tatana Willie Makisi

4. Removal/Burial Order in respect of Tatana Willie Makisi

5. Post mortem report in respect of Tatana Willie Makisi

6. Post mortem report in respect of Nomatuse Gqumiza

7. Letter of demand from Plaintiffs attorneys to Defendant in respectof John Msimanga (Dube) 1.7.92

7.1 Letter of demand from Plaintiff’s attorneys to Defendant in respectof Nora Kay 1.7.92

7.2 Letter of demand from Plaintiffs attorneys to Defendant in respectof Constance Nkonyane 1.7.92

- 2 -

7.3 Letter of demand from Plaintiffs attorneys to Defendant in respect of Getrude Sithole

7.4 Letter of demand from Plaintiffs attorneys to Defendant in respect of Welile Phangabantu

7.5 Letter of demand from Plaintiffs attorneys to Defendant in respectof Sipho, Panky and Tabs Msimango

7.6 Letter of demand from Plaintiffs attorneys to Defendant in respect of Andele Gusha

7.7 Letter of demand from Plaintiffs attorneys to Defendant in respect of and Simphiwe Gusha

8. Letter from Plaintiffs attorneys to Defendant

9. Telefax from Plaintiffs attorneys to Defendant

10. Letter from Defendant to Plaintiffs attorneys


12. Letter from Plaintiffs attorneys to Defendant's attorneys

13. Letter from Plaintiffs attorneys to Defendant’s attorneys



16. Letter from Defendant's attorneys to Plaintiffs attorneys

1.7.92

1.7.92

1.7.92

1.7.92

1.7.92

13.7.92

13.7.92

20.7.92

27.7.92

6.1.93

17.2.93

24.2.93

16.3.93

16.3.93

17.

18.

19.

20 .

• 2 1

22.

23.

24.

25.

26.

27.

28.

29.

30.

-3-

Letter from Defendant's attorneysto Plaintiffs attorneys 30.3.93


Letter from Plaintiffs attorneys to Defendant's attorneys 4.5.93

Letter from Defendant's attorneys to Plaintiffs attorneys 7.5.93


Letter from Plaintiffs attorneys Defendant's attorneys 1.6.94

Facsimile from Defendant'sattorneys to Plaintiffs attorneys 22.6.94

Fascimile from Defendant'sattorneys to Plaintiffs attorneys 22.6.94


Facsimile from Plaintiffs attorneys to Defendant's attorneys 14.7.94

Facsimile from Plaintiffs attorneys to Defendant's attorneys 18.7.94

Medical Records from Natalspruit Hospital- Nora Kay

Medical Records from Natalspruit Hospital- John Msimango (Dube)

Medical Records from Natalspruit Hospital- Getrude Sithole

C , /

- 4 -

31. Medical Records from Willem Cruywagen Hospital- re :Constance Nkonyana

32. Medico-legal reports : -

32.1 Getrude Sithole - Dr.Girdwood

32.2 Constance Nkonyane - Dr.Versveldt

32.3 John Msimango - Dr.Versveldt

32.4 Nora Kay - Dr.Versveldt

33. Record of the Goldstone Commission

34. All pleadings under Case Numbers:

92/2657392/2656492/2656592/2656992/2655892/2657192/2681092/27030

FIRST SCHEDULE

PART 2

1. Correspondence between attorney and clients' contaning communication of a

confidential nature with the object of obtaining legal advice in relation to the

matter in question in this action prior to, in contemplation of and during the

continuance of these proceedings.

2. 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 the evidence to be used and in relation to information which might

lead to the obtaining of such evidence or otherwise to enable the Applicants'

case in this action to be conducted, which statements, reports, correspondence

and documents are by their nature priviledged.

3. Correspondence between medical practitioners brought into existence prior to,

in contemplation of and during the continuance of these proceedings which

correspondence are priviledged.

4. Plans, Photographs, instructions to 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 of the Applicant or her attorneys legal advice in relation to these proceedings, or which have been made confidential in relation to the matters in

question in this action, which said documents are by their nature priviledged.

5. All other documents and correspondence brought into existence to enable the

Plaintiffs' case in this action to be conducted, which are by their nature

priviledged in respect of the proceedings between the parties.

PH 466IN THE SUPREME COURT OF SOUTH AFRICAWITWATERSRAND LOCAL DIVISION CASE NO: 92/26573

In the matter between:-

NKONYANA, CONSTANCE (MOFOKENG) Plaintiff

and

THE MINISTER OF DEFENCE

NOTICE IN TERMw -------------

BE PLEASED TO TAKE NOTICE that the Plaintiff intends to tender in evidence at

the trial of the above matten-

(a) An aerial map/photo of Phola Park, the area where the alleged incident

(b) Photographs of shacks where the Plaintiffs were shot at the time of the alleged

BE PLEASED TO TAKE NOTICE further that the items referred to above may be

inspected during normal working hours at the offices of the Attorneys of Record herein.

BE PLEASED TO TAKE NOTICE further that you are required to admit the said items

within ten (10) days of receipt of this Notice. If you fail within the said period to admit

the said documents they shall be received in evidence upon their mere production and

without any further proof thereof.

occurred;

incident.

- 2-

Dated at JOHANNESBURG this the j day of April 1995.

NldlHOLLS, CAMBANIS & ATTORNEYSPlaintiffs Attorneys3rd Floor, 132 Fox StreetJOHANNESBURGREF: H.V. SITHOLE

• TO: THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO:THE STATE ATTORNEY Defendant's Attorneys 10th Floor North State Buildings 95 Market Street JOHANNESBURGRef: 6657/92/P33/ldm/Mr. J. Pretorius

RECEIVED COPY HEREOF ON THIS THE H DAY OF APRIL 1995.

for: DEFENDANT'S ATTORNEYS

S T A A T S f : X .... . . J " r “"P R V V ■ ' . ' : *$* 'jijr i - ,'

Owtvang aonoeft v.v,

1995 -04- f 3RECET^D WITHOUT PHEJt.’OsCt OF Hi',-, r

TYD/T?M» l o t t c o .. M f c n . A J u u j ^ u K

S T A T E A TT O R N f£ Y

PH 466IN THE SUPREME COURT OF SOUTH AFRICAWITWATERSRANP LOCAL DIVISION CASE NO : 92/26573


NKONYANA.CONSTANCE(MOFOKENG) Plaintiff

and


FILING SHEET

PLAINTIFF'S DISCOVERY AFFIDAVIT PRESENTED FOR FILING BY : -

TO : THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

AND TO :THE STATE ATTORNEY Defendant's attorneys 10th Floor, North State Buildings 95 Market Street JOHANNESBURGRef. 6657/92/P 33/ldm /M r. J Pretorius

NICHOLLS, CAMBANIS & ASSOCIATESPlaintiff’s attorneys3rd Floor, 132 Fox StreetJOHANNESBURG REF. H V SITHOLE

RECEIVED COPY HEREOF ON THIS ■ 'a ^ DAY OF MARCH 1995.

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


NKONYANA. CONSTANCE (MOFOKENG) Plaintiff

and


9 PLAINTIFFS DISCOVERY AFFIDAVIT

I, the undersigned,

CONSTANCE NKONYANA (MOFOKENG)

do hereby state under oath : -

1. I am the Applicant in the above matter.

2. I have in my possession or power documents relating to the matters in question

in this matter set forth in the First and Second parts of the First Schedule hereto.

^ 3. I object to producing the documents set forth in the Second part of the said

schedule hereto, for the reason that same are privileged upon the grounds set

out in the Second Schedule.

4. According, to the best of my knowledge and belief I do not, and never had in my

possession, custody or power, or in the possession, custody or power of my

attorney or agent, or any other person on my behalf, any document relating to

any matters in question in this cause other than those documents set forth in the

First and Second parts of the First Schedule hereto.

1995 -03- 1 5

c a n s f a n & s ______DEPONENT " /

E, SIGNED AND SWORN to before me a £ ^ — 7'T o n this the /^day /J3"T /

t994r Deponent having acknowledged that she knows andTHUS D(

understands the contents of this affidavit, and that she has no objection to taking this

oath, and considers this oath binding on her conscience, and having uttered the words

"So held me God", before me.

FIRST SCHEDULE

PART ONE

NO. DOCUMENT DATE

1. Identity Documents

1.1 John Msimango (Dube)

1.2 Constance Nkonyane (Mofokeng)

1.3 Getrude Sithole

1.4 Tatana Willie Makisi

2. Birth Certificates

2.1 Andele Gusha

2.2 Simphiwe Gusha

3. Death Certificate of Tatana Willie Makisi

4. Removal/Burial Order in respect of Tatana Willie Makisi

5. Post mortem report in respect of Tatana Willie Makisi

6. Post mortem report in respect of Nomatuse Gqumiza

7. Letter of demand from Plaintiffs attorneys to Defendant in respectof John Msimanga (Dube) 1.7.92

7.1 Letter of demand from Plaintiffs attorneys to Defendant in respectof Nora Kay 1.7.92

7.2 Letter of demand from Plaintiffs attorneys to Defendant in respectof Constance Nkonyane 1.7.92

COPY/ORIGINAL

- 2 -

7.3 Letter of demand from Plaintiffs attorneys to Defendant in respect of Getrude Sithole

7.4 Letter of demand from Plaintiffs attorneys to Defendant in respect of Weiile Phangabantu

7.5 Letter of demand from Plaintiffs attorneys to Defendant in respectof Sipho, Panky and Tabs Msimango

7.6 Letter of demand from Plaintiffs attorneys to Defendant in respect of Andele Gusha

7.7 Letter of demand from Plaintiffs attorneys to Defendant in respect of and Simphiwe Gusha

8. Letter from Plaintiffs attorneys to Defendant

9. Telefax from Plaintiffs attorneys to Defendant








1.7.92

1.7.92

1.7.92

1.7.92

1.7.92

13.7.92

13.7.92

20.7.92

27.7.92

6.1.93

17.2.93

24.2.93

16.3.93

16.3.93

- 3 -





^ 21. Letter from Defendant’s attorneys to Plaintiffs attorneys

22. Letter from Plaintiffs attorneys Defendant's attorneys

23. Facsimile from Defendant's attorneys to Plaintiffs attorneys

24. Fascimile from Defendant's attorneys to Plaintiffs attorneys


26. Facsimile from Plaintiffs attorneys £ to Defendant's attorneys

27. Facsimile from Plaintiffs attorneys to Defendant's attorneys

28. Medical Records from Natalspruit Hospital- Nora Kay

29. Medical Records from Natalspruit Hospital- John Msimango (Dube)

30. Medical Records from Natalspruit Hospital- Getrude Sithole

30.3.93

31.3.93

4.5.93

7.5.93

20.5.94

1.6.94

22.6.94

22.6.94

22.6.94

14.7.94

18.7.94

- 4 -

31. Medical Records from Willem Cruywagen Hospital- re :Constance Nkonyana

32. Medico-legal reports : -

32.1 Getrude Sithole - Dr.Girdwood

32.2 Constance Nkonyane - Dr.Versveldt

32.3 John Msimango - Dr.Versveldt

32.4 Nora Kay - Dr.Versveldt

33. Record of the Goldstone Commission

34. All pleadings under Case Numbers:

92/26573 92/26564 92/26565 92/26569 92/26558 92/26571

# 92/26810 92/27030

FIRST SCHEDULE

Correspondence between attorney and clients' contaning communication of a

confidential nature with the object of obtaining legal advice in relation to the

matter 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 the evidence to be used and in relation to information which might

lead to the obtaining of such evidence or otherwise to enable the Applicants'

case in this action to be conducted, which statements, reports, correspondence

and documents are by their nature priviledged.

Correspondence between medical practitioners brought into existence prior to,

in contemplation of and during the continuance of these proceedings which

correspondence are priviledged.

Plans, Photographs, instructions to 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 of the Applicant or her attorneys legal advice in relation to these

proceedings, or which have been made confidential in relation to the matters in

question in this action, which said documents are by their nature priviledged.

All other documents and correspondence brought into existence to enable the

Plaintiffs' case in this action to be conducted, which are by their nature

priviledged in respect of the proceedings between the parties.

2

TN THE SUPREME COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISIONS

Case Number : 93/13246

In the matter between:

DABULA. Novela Paulina PlaintiffsAND TWENTY NINE OTHERS

and


DEFENDANT'S REPLY TO PLAINTIFFS' QUESTIONS IN TERMS OF RULE 37

P H . 308

A. AD THE ADMISSIONS REQUIRED BY THE PLAINTIFFS FROM THEDEFENDANT IN TERMS OF RULE 37(4)(a):

1. AD PARAGRAPH 1;

Yes.

2. AD PARAGRAPH 2:

The Defendant admits that members of 32 Battalion entered a number of shacks of residents in Phola Park. The Defendant has no knowledge of who resided in the shacks

entered by the members.

AD PARAGRAPH 3:

No.

AD PARAGRAPH 4:

No.

AD PARAGRAPH 5:

No.

AD THE INQUIRIES IN TERMS OF RULE 37f4Wbi:

AD PARAGRAPH 1;

On the grounds referred to in Regulation 12.

AD PARAGRAPH 2:

Approximately 21h00.

AD PARAGRAPH 3:

Approximately 22h30.

AD PARAGRAPH 4:

Private defence.

AD PARAGRAPH 5:

See paragraph 8 below.

AD PARAGRAPH 6:

Seventy five members entered at different times.

AD PARAGRAPH 7:

All of them.

- 4 -

8. AD PARAGRAPH 8:

Approximately 170 to 200 shots.

9. AD PARAGRAPH 9:•

Ras and the members under his control entered Phola Park in the vicinity of the ANC offices. Greyvenstein and his members entered Phola Park in the vicinity of Cafe Corner. Mpande and his members entered Phola Park in the vicinity of Cafe Corner.

10. AD PARAGRAPH 10:

Capt. Hermanson.

11. AD PARAGRAPH 11;

11.1 Ad paragraph 11.1:

This information is in the possession of the South African Police. Most of the members identified by the Plaintiffs were not in Phola

11.2

11.3

Park on 8 or 9 April 1994. The following members who entered Phola Park, were identified:

- 5 -

.1.1 Cpl. J. Joseph;

.1.2 S. Joao;

.1.3 J. Joao;

.1.4 M. Flayi;

.1.5 N.J. Baptista;

.1.6 E. Zacharia; and

.1.7 M. Antonio.

Ad paragraph 11.2:

The Defendant has already furnished the ballistic report in respect of Willie Makisi. TheDefendant is not in possession of the ballistic report in respect of N. Gqumiza.

Ad paragraph 11.3:

The Defendant is not able to locate the document probably due to the disbandment of 32 Battalion.

DATED AT JOHANNESBURG ON THIS THE 24th DAY OF AUGUST 1994.

1

TO:

AND

STATE ATTORNEY10th FloorNorth State Building cnr. Market & Kruis Streets JOHANNESBURG Ref: Mr J. Pretorius Tel: 29-2961

THE REGISTRAR OF THE ABOVE HONOURABLE COURT JOHANNESBURG

TO: NICHOLLS CAMBANIS & ASSOCIATESPlaintiffs' Attorneys3rd Floor132 Fox StreetJOHANNESBURGRef: Mr H SitholeTel: 331-6919

Received copy hereof on the ..... day of August 1994.

for: Plaintiffs' Attorneys

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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