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TRC Final Report

Page Number (Original) 680

Paragraph Numbers 1 to 4

Volume 6

Section 5

Chapter 4

Part Appendix1

Subsection 1

APPENDIX 1 “ A ”

SCHEDULE OF CHANGES AND CORRECTIONS TO THE TRC REPORT

Pursuant to review proceedings instituted by the IFP and Minister Buthelezi, upon reconsideration of its initial findings and upon receipt of extensive representations made by the IFP and Minister Buthelezi, the following changes and corrections to the TRC report are made. The original text is followed by the adjusted text.

1. Volume 2, Chapter 5, paragraph 248

248 The Commission heard evidence of the involvement of Caprivi trainees in the KwaMakhutha massacre on 21 January 1987 in which thirteen people, mostly women and children, were killed and several others injured in the AK-47 attack on the home of UDF activist Bheki Ntuli. A large number of people including former Minister of Defence General Magnus Malan and MZ Khumalo of the IFP, were tried for murder in 1996 in the Durban Supreme Court. Although the accused w e re acquitted, the Supreme Court found that Inkatha members trained by the SADF in the Caprivi were responsible for the massacre and that the two state witnesses, being members or the SADF Military Intelligence, were directly involved in planning and execution of the operation. The court was not able to find who had provided backing for the attack.

Paragraph 248 is amended as follows:

The Commission heard evidence of the involvement of Caprivi trainees in the KwaMakhutha massacre on 21 January 1987 in which thirteen people, mostly women and children, were killed and several others injured in the AK-47 attack on the home of UDF activist Bheki Ntuli. A large number of people including former Minister of Defence General Magnus Malan and MZ Khumalo of the IFP, were tried for murder in 1996 in the Durban Supreme Court. Although the accused w e re acquitted, the Supreme Court found that Inkatha members trained by the SADF in the Caprivi were responsible for the massacre and that the two state witnesses, being members of the SADF’s Directorate of Special Tasks, were direct l y involved in planning and execution of the operation. The court was not able to find who had provided backing for the attack. The Commission is mindful of the fact that senior members of the former SA Defence Force and Inkatha were acquitted in this lengthy trial on charges of murder and conspiracy to murd e r. In its findings, the Commission explains fully, in Volume 3 (Regional Profile) as well as in volume 5 (Findings Volume), the basis upon which it found, on a balance of probabilities, that the SADF and Inkatha are nonetheless accountable for the human rights violations committed by Caprivi trainees.

2. Volume 1, Chapter 12, paragraph 44 (l) , page 444:

Tembisa (26-28 November 1996). Commissioners heard stories of state repression in the 1980s in this township and in the neighbouring Ivory Park informal settlement. In the 1990s, the IFP-aligned Toaster gang committed many violations in the context of violence between the ANC and the IFP.

This paragraph is amended as follows:

Tembisa (26-28 November 1996). Commissioners heard stories of state re pression in the 1980s in this township and in the neighbouring Ivory Park informal settlement. In the 1990s, the To aster gang, comprising members who claimed to be IFP supporters, committed many violations in the context of violence between the ANC and the IFP.

3. The statement in volume 2, chapter 5, para 283, p. 476:

2 8 3 As such, hit squad members had access to KwaZulu government resources, such as vehicles, arms and ammunition. A measure of protection fro m prosecution was made possible through the collusion of the KZP as well as instruments of the state security forces. Further, Inkatha officials conspired with senior KZP officials to set up hit squads to eliminate ANC/SDU elements. The activities of the hit squads operating in the Esikhawini area near Richards Bay, the New Hanover area of the Natal Midlands, and the activities of a hit squad known as the Black Cats in Wesselton and Ermelo in the Transvaal are documented in other sections of the Commission’s re port .

This paragraph is amended as follows:

2 8 3 As such, hit squad members had access to KwaZulu government re sources, such as vehicles, arms and ammunition. A measure of protection from prose c ution was made possible through the collusion of the KZP as well as instruments of the state security forces. Further, certain Inkatha officials conspired with senior KZP officials to set up hit squads to eliminate ANC/SDU elements. The activities of the hit squads operating in the Esikhawini area near Richards Bay, the New Hanover area of the Natal Midlands, and the activities of a hit squad known as the Black Cats in Wesselton and Ermelo in the Transvaal are documented in other sections of the Commission’s repo r t .

4. Volume 2, Chapter 5, paragraph 198, page 454:

198 Inkatha dominated the KwaZulu government (both its executive and its bureaucracy) to the extent that the government and Inkatha became interchange-able concepts. The organization effectively ruled the KwaZulu government as a one-party state and used KwaZulu government re s o u rces and finances to fund Inkatha party-political activities and in the execution of gross human rights violations against non-Inkatha supporters. The KZP came into existence in 1981 and was disbanded in 1994 following the April 1984 elections. Chief Buthelezi was the only ever serving Minister of Police in KwaZulu. Violations committed by the KZP a re dealt with later in this re p o r t .

This paragraph is amended as follows:

198 Inkatha dominated the KwaZulu government (both its executive and its bureaucracy) to the extent that the government and Inkatha became interchangeable concepts. The organisation was the only political party that participated in the KwaZulu Government. The Commission heard evidence and made findings that in certain instances, KwaZulu Government re s o u rces and finances w e re used to fund party-political activities and in the execution of gross human rights violations against non-Inkatha supporters. The KZP came into existence in 1980 and was disbanded and integrated into the SAPS in 1994 following the April 1994 elections. Chief Buthelezi was the only ever serving Minister of Police in KwaZulu. Violations committed by the KZP are dealt with later in this report. The SA Commissioner of Police retained a measure of control over the KZP.

 
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