MR WILLS
That I deal with at page 17 of my Heads.  The main import of the application in respect of the rape, or my main argument, concerns the brutality of the violence and the experience of what applicant seven had been through up until that point in time.  He had effectively been taught to treat enemies as dogs, without having any compassion for their humanity whatsoever.  The evidence of Luthuli concerning his problems when he first arrived in Mpumalanga, about the undisciplined nature of the violence, is also pertinent in this regard.  You will recall that Ntuli went in and there were two camps.  There was one person who wanted to speak, to negotiate problems through, negotiate the conflict through peaceful means, and there was Mkehle who was Hlongwane's commander, who preferred the violent means.  And in describing how these people operated, Luthuli went as far as saying that because the person operating under Mkehle were so treacherous and bad and brutal, that people were moving out of the IFP areas into the ANC areas because they didn't want anything to do with it.  And I think Luthuli's words was that he wanted, one of his purposes of coming to Mpumalanga was to rebuild the organisation because of the serious indiscipline that he found there.
	Now should that be the case, and I submit there is nothing to counter it in the evidence, then clearly the implication is that those persons acting under Mkehle basically did what they wanted without any guidance whatsoever in regard to terrorising the community.  And in those circumstances, the extremes that they took to eliminate all opposition, went to levels which can only be described as horrific.  
	The two girls were not seen as women, they were seen as ANC spies, and the order that Hlongwane got from Mkehle was brutal in the extreme.  When he had captured the girls Mkehle indicated to him that he must cut their throats and take a cloths and wipe some blood off each of their throats and return the bloodstained cloth to him so that he could use this for muti.  In his evidence Hlongwane said that he must do something so terrible to these girls that it will serve as an indication to other people, other girls specifically, that they should not come into the area to spy.  And it's in those circumstances that that rape occurred.  
	First of all had there not been the perception that these girls were spying, Hlongwane wouldn't have gone to get them.  He in fact was called away to deal with the issue, and it is my submission that this rape was simply another example of the extreme brutality which was occurring at the time.  Hlongwane also gives evidence to the effect that it was a practice that was used, and nobody disputed this despite the representation of the victims here, that it was, he mentions the name of a particular IFP woman who was found killed and raped on one occasion, and his evidence was to the effect that this rape occurred on both sides.  And that is corroborated by what Luthuli says when he gets to Mpumalanga.  Luthuli comments at page 289 of the bundle, that the Inkatha youth simply attacked houses on the slightest suspicion.  People were robbed, girls were raped, and people were murdered.  In his testimony applicant one saw his role to clean up the IFP, which was involved, the IFP was involved in killing, kidnapping, rape, stealing, burning and shooting and killing people in broad daylight.
	Now my submission is obviously Mkehle would have know that this was going on if Luthuli who was a recent, or I shouldn't say recent, but he'd come to the area after a long absence.  One would expect, Luthuli found it out almost immediately, so Mkehle must have know that this was going on, and no steps were taken whatsoever to stop this type of activity.