Nawaal Deane
Two Mpumalanga farm workers, who were allegedly assaulted by members of a commando unit in 1996, are suing the Minister of Defence, Mosiuoa Lekota, for almost R2-million. One of them was blinded in the alleged assault.
Three white farmers belonging to the Wakkerstroom Commando, a civilian army unit, allegedly assaulted the two.
The units were set up by the apartheid government to combat black insurgents in rural areas and the South African National Defence Force continued to supply them with arms, ammunition and regular training. The units are primarily made up of farmers and soldiers.
In 1995 the commandos’ goal was to quell violence and protect the property of white farmers. Today their mandate is to assist police in rural areas to maintain peace.
The assault on Moses Mayisela and Richard Hlatshwayo was first reported in the Mail & Guardian in 1999. Mayisela sued the commandos, Cornelius Greyling and his two sons, Barend and Willem, for R1,4-million, alleging that they tortured him for two days. The case has not yet been heard.
Mayisela alleged that in October 1999 the Greyling brothers handcuffed, kicked and punched him. He claims he was given electric shocks and the Greylings sprayed his eyes with teargas and covered his head with a balaclava resulting in his blindness.
“They prevented him from seeking medical attention until approximately two weeks after the detention and assault,” reads his particulars of claim in the case against Lekota.
Mayisela was allegedly attacked after the commandos accused him of stealing cattle.
Hlatshwayo is suing the Greylings for R300 000 for injuries sustained in a separate attack. “They placed him in a small room, sprayed teargas into his face, locked the door and left him to suffocate,” reads his particulars of claim. He managed to identify both the Greyling brothers and six other members of the commando.
Both farm workers have been unable to work since the attacks.
Hlatshwayo claims two policemen visited him last week to question him on whether he will be proceeding with the case against the Greylings. He says they tried to force him to sign a document, but he refused.
In an affidavit, he says: “I refused to sign and they started insulting me.” Hlatshwayo was frightened by the incident and says he does not know what was written on the document he was asked to sign.
The South African National Defence Force is funding the Greyling’s legal defence. When the M&G first broke the story, Lekota said he was surprised that the department had instructed an advocate for the farmers.
According to Malcolm Lyons Incorporated, lawyers of the two farm workers, the minister is being sued because the Greylings were members of the defence force.
Lekota’s representative Sam Mkhwanazi says it must first be proved whether the commandos acted in the course of their duties. “It is difficult to comment on the case when it has not been finalised yet.”
He says Lekota is “worried” about the delay of these cases. “He has approached Minister [of Safety and Security Steve] Tshwete and Minister [of Justice and Constitutional Development Penuell] Maduna to raise the issue of why these cases are taking so long to finalise.”
Mkhwanazi says members of the defence force have to act according to the law. “If a member acts beyond the scope of his duties then the minister is not liable for those actions.”