House of Assembly: Vol13 - THURSDAY 16 FEBRUARY 1989

THURSDAY, 16 FEBRUARY 1989 HOUSE OF DELEGATES INTERPELLATIONS:

General Affairs

Dr Abu-Baker Asvat: inquiry into death

Mr M Rajab asked the Minister of Law and Order:

  1. (1) Whether the South African Police are conducting an inquiry into the death of Dr Abu-Baker Asvat in January 1989; if so, what progress has been made to date;
  2. (2) whether an inquiry has been made by or on behalf of the Police into alleged political killings of anti-apartheid activists in the Republic; if so, what are the relevant details?
The MINISTER OF LAW AND ORDER:

Mr Chairman, the reply to the first part of the question put to me is: Yes, the investigation into the death of Dr Abu-Baker Asvat is at an advanced stage. Two suspects, namely Shelela Nyavusa and Zakhela Mbatha have been identified as a result of descriptions received from eye-witnesses.

Identikits of the suspects were compiled and made available to the media for publication on 6 February 1989. An appeal was also made to the public to assist the police in tracing the suspects. Up until now no further information has been received. However, at present the police are following up a number of clues and all possible endeavours are being made to trace those responsible for the killing.

My answer to the second part of the question is that I wish to point out to the hon member that one cannot refer to alleged political murders without qualification. In the investigation into a murder case, it is often not possible to identify a specific motive for the murder. More than one motive is often raised. However, in some instances, as the police investigation progresses, it becomes possible to identify a motive. In most instances the motive for a murder is only confirmed beyond doubt during the trial of the perpetrator. In those instances where the perpetrators are not traced, it is difficult to ascertain beyond doubt the motive for a murder.

The fact of the matter is that in all instances where it is evident or it is alleged that a person died as a result of unnatural causes, the SA Police investigate the cause of death. If it is evident that the person was murdered, a murder docket is opened. Otherwise an inquest docket is opened. However, in both instances all resources at the disposal of the SA Police are utilised to obtain as much information as possible.

If it appears that the unlawful act of another person or persons was the cause of the unnatural death, all possible attempts are made to trace and charge that person or those persons. In the meantime the provisions of the Inquests Act, Act 58 of 1959, are put into action and all the relevant evidence is submitted to the public prosecutor for the holding of an inquest.

Mr M RAJAB:

Mr Chairman, I appreciate the reply given by the hon the Minister. However, I want to express my disappointment that since 6 February there has been no further progress in regard to the apprehension of the two people whom the SA Police suspect of being involved in the murder of Dr Asvat.

I also appreciate the explanation given by the hon the Minister as to the difficulty involved in identifying a murderer as a political murderer or just an ordinary one.

I want to tell the hon the Minister that my concern is that there is a growing perception in the wider South African community that right-wing death squads are believed to be involved in carrying out assassinations on and abductions of key antiapartheid activists. These are perceptions that one cannot just wish away, because if one looks at the record it shows that since 1985 the murders or assassinations of something like 11 key antiapartheid activists have not been resolved.

We cannot deny that over the past few years there has been a marked increase in the number of attacks on such people. There has been an increase in the number of attacks on premises which belong to such people and such organisations. What is disturbing is that few, if any, of these cases are ever brought to court or solved. In these circumstances the perception remains therefore that had these perpetrations been on the property or persons of Govemment-supporting individuals, arrests or convictions would have followed immediately.

There is also the perception that in these circumstances respect for the concept of law and order— something which we all hold very dear in this House and in this country—has diminished. It concerns me that it should not diminish any further particularly in the Black community.

It is against this kind of background that I want to ask the hon the Minister why it is that the mysterious killing of the banned University of Natal lecturer and political scientist Dr Rick Turner in 1978 remains unsolved to this day. I want to ask the hon the Minister why it is that the brutal slaying of Griffiths Mxenge, a former Robben Islander and a civil rights lawyer who was killed in 1981, remains unsolved. [Time expired.]

Rev E J MANIKKAM:

Mr Chairman, whilst we appreciate the reply of the hon the Minister of Law and Order we still urge him to ask his department to further pursue the investigations that are being made so that the requests of the hon member for Springfield will come to fruition with regard to the alleged murder of the political activists in the past few years whose cases have not yet been solved.

We realise that it is difficult—there are many diverse perceptions in this country—but we are sure that we will get the fullest cooperation possible from our colleague the hon the Minister of Law and Order.

Mr J V IYMAN:

Mr Chairman, I thank the hon the Minister for his reply to the question but it still leaves us hanging in mid-air. There is world-wide concern—it is not only in the greater South African community—for the killing of anti-apartheid activists. Our great concern at the moment is why none of these murders has been solved up to now. Were any suspects arrested? What have the Police been doing for the past eleven years in connection with the disappearance of anti-apartheid activists whose murdered bodies have been found in some cases.

We would like the hon the Minister to shed some light on these issues. As I have said, it is not only the concern of the greater South African community but of the whole world. The eyes of the world are focused on us. I am not trying to castigate the hon the Minister and his department but something seems to be amiss somewhere along the line where these unsolved murders are concerned.

Mr M S SHAH:

Mr Chairman, Dr Asvat, besides being a political activist, was also a great humanitarian by virtue of the services rendered by him especially to the squatter community in and around Lenasia. He was a highly respected professional man and we are all grieved by his death. We owe it not only to ourselves but to the community and especially those whom he served and to his family that the circumstances surrounding his death be brought into the open. There have been speculation, rumours and a great deal of controversy recently. I want to ask the hon the Minister if there has been any investigation linking Dr Asvat’s death to the Mandela Football Club. If so, we would like to know how far that investigation has progressed.

Mr M RAJAB:

Mr Chairman, before my time ran out the last time, I was listing a catalogue of unsolved murders and I would like to mention a few more to the hon the Minister this afternoon. I would like to ask the hon the Minister what, if anything, has happened about the investigation into the deaths of Matthew Goniwe and Fort Calata who were killed in the Eastern Cape. I would also like to add to the list of names that of Dr and Mrs Rabeiro in the Transvaal and of course the name of Mrs Victoria Mxenge, the attorney who was killed in Durban.

I again want to tell the hon the Minister that unless these are all resolved, can one prevent people from believing that the killers responsible have escaped prosecution because the sympathy of the security forces preclude rigorous investigation? This is a perception that we have to eradicate. When we are talking about perceptions, I would also like to remind the hon the Minister—taking the point further that my colleague, the hon member for Camperdown made earlier on—that there has been international reaction to the fact that so many of these so-called political slayings remain unresolved in this country.

I would like to remind the hon the Minister that in their report to the Human Rights Commission, the local functionaries have in fact highlighted the lack of resolution in regard to these slayings. I understand it is a sensitive issue and it is not for us to pour oil on troubled waters as regards what is happening in Soweto at present. I do believe, however, it is in fact the hon the Minister’s responsibility to state loudly and clearly this afternoon … [Time expired.]

*The MINISTER OF LAW AND ORDER:

Mr Chairman, now I do not know what I have to state “loudly and clearly”, but I shall try to reply briefly.

†First of all I would like to give some more information to my friend the hon member for Lenasia Central with regard to the shooting of Dr Asvat. Dr Asvat was shot in his surgery at approximately 16h30 on Friday, 27 January. Today is 16 February and the hon member for Springfield …

*Already he is angry because we have not apprehended the people.

†I can assure the hon member that we are doing our utmost to catch them. I would like to give him the assurance that we will not stop investigating, as is the case with each and every murder case. We never stop looking for the man. We never stop looking for the suspect. We will continue and that docket will remain open as long as the South African Police are there. I assure him that we will carry on with the investigation and we will pursue the matter with the utmost urgency.

With regard to Dr Asvat, he had an entrance wound in the chest and the bullet passed through both lungs. Although two empty cartridge shells were found at the scene of the crime, the body had only one gunshot wound. Mrs Sisulu stated that two unknown Black males entered the surgery at 16h00. One of the males furnished his name as Mondla Nkanwane of J11 Nancefield Hostel. He asked to see the doctor. Because he claimed to be illiterate, Mrs Sisulu put his right thumbprint on the patient card. The Black male entered Dr Asvat’s examination room alone at approximately 16h30. Shortly thereafter she heard two gunshots. She and other patients waiting to see the doctor ran outside while the two Black males fled. An ambulance, summoned earlier to take a patient to the hospital, arrived at that moment and the ambulance men gave chase. They failed to arrest the two suspects and returned to the surgery to assist Dr Asvat, who had apparently died instantly. Mrs Sisulu telephonically reported the incident to the Maroka Police Station.

This is the further information that I have in this regard. I want to assure the hon member that we will do our utmost to try and catch these two people who were allegedly responsible for doing this. We will carry on doing this as quickly and urgently as possible.

As regards the other remarks made by the hon member for Springfield with regard to these so-called political murders, I wish to assure him once again that where the police are concerned a crime is a crime, and a murder is a murder. It does not matter whether it had been committed against a political activist or done as part of an ordinary crime. The murder of a politically inclined person is also a crime and the police do not make distinctions. When a man has been murdered we will search for the culprit. I want to give the hon member that unqualified assurance.

I do not have all the information regarding the names that he mentioned to me, but I suggest that he gives me another opportunity. Maybe we can have another interpellation and I can then come back with the information on the names that he mentioned here. I do not have any problem with discussing it here and putting the facts to the House. [Time expired.]