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TRC Final ReportPage Number (Original) 221 Paragraph Numbers 182 Volume 3 Chapter 3 Subsection 26 182 The Commission has made a comprehensive finding concerning Operation Marion. It is contained in a lengthy document which includes the full reasons for the finding and which can be found in the State Archives. The main features of the finding are as follows: IN 1986, THE SADF FORCE CONSPIRED WITH INKATHA TO PROVIDE INKATHA WITH A COVERT, OFFENSIVE PARAMILITARY UNIT (HIT SQUAD) TO BE DEPLOYED ILLEGALLY AGAINST PERSON’S AND ORGANISATIONS PERCEIVED TO BE OPPOSED TO OR ENEMIES OF BOTH THE SOUTH AFRICAN GOVERNMENT AND INKATHA. THE SADF PROVIDED TRAINING, FINANCIAL AND LOGISTICAL MANAGEMENT AND BEHIND THE SCENES SUPERVISION.ACCORDING TO GENERAL MAGNUS MALAN, THE STATE SECURITY COUNCIL SANCTIONED ALL STEPS TAKEN UP TO AND INCLUDING THE LIEBENBERG REPORT. THERE IS A CONSIDERABLE VARIANCE BETWEEN THE TRAINING CONTEMPLATED IN PARA 24. C.I, AND II OF THE LIEBENBERG REPORT AND THE ACTUAL TRAINING RECEIVED. IT CANNOT BE ASSUMED THAT IT WAS AT THIS STAGE THAT THE HIT SQUAD ACTIVITIES WERE FORMULATED.IT IS CLEAR FROM THE MILITARY DOCUMENTS OF 16 APRIL 1986 THAT GENERAL MAGNUS MALAN, CHIEF BUTHELEZI AND ADMIRAL PUTTER HAD TO FINALISE THE NATURE OF THE TRAINING AND THE DEPLOYMENT OF THE TRAINEES BEFORE THE END OF THE BASIC TRAINING. MALAN CONFIRMED A MEETING WITH CHIEF BUTHELEZI ON 17 APRIL. JAN ANTON NIEUWOUDT OF SADF SPECIAL FORCES CONFIRMED THAT HE WAS SENT TO THE CAPRIVI TO UNDERTAKE TRAINING BY GENERAL GROENEWALD WHO FELL UNDER PUTTER. THIS WAS THE TIME OF THE CONSPIRACY AND THE PARTIES REFERRED TO WERE THE CONSPIRATORS.TRAINING IN THE CAPRIVI STRIP INCLUDED INTER ALIA, THE FOLLOWING FEATURES;
PERSONS INVOLVED IN GIVING THE TRAINING AND PERSONS RECEIVING TRAINING TESTIFIED THAT THEY WERE GIVING AND RECEIVING TRAINING IN ORDER TO ENGAGE IN THE UNLAWFUL KILLING OF PEOPLE.MALAN CLAIMED TO HAVE REPORTED BACK TO THE STATE PRESIDENT PW BOTHA AFTER THE ABOVE. THE PRESIDENT MUST THUS HAVE OF APPROVED OF THIS DECISION.MZ KHUMALO OF INKATHA WAS THE LINK BETWEEN THE HIT SQUAD, THE SADF AND CHIEF BUTHELEZI. BRIGADIER MATHE OF THE KZP WAS THE PERSON WHO ISSUED FALSE POLICE APPOINTMENT CERTIFICATES TO CAPRIVI TRAINEES. KHUMALO AND MATHE WERE CHIEF BUTHELEZI’S CO-CONSPIRATORS.THE SADF MEMBERS RESPONSIBLE FOR CARRYING OUT MALAN AND GROENEWALD’S INSTRUCTIONS AS TO THE NATURE OF THE TRAINING IN THE CAPRIVI MUST HAVE KNOWN THAT THEY WERE CREATING A HIT SQUAD. (COLONEL JJ JACOBS, COLONEL JA NIEUWOUDT, CAPTAIN. JP OPPERMAN, SERGEANT A CLOETE AND COLONEL AM BLAAUW AND OTHERS NOT IDENTIFIED).THE SADF MEMBERS (MORE, VAN TONDER, VAN NIEKERK, COLONEL MA VAN DEN BERG, THE PERSON KNOWN TO LUTHULI AS MAJOR POLBERRY, CLOETE AND OPPERMAN) WHO OPERATED MARION IN 1987 AND BEYOND, AND CAPTAIN BOTHA AND THE LATE MAJOR DEON TERREBLANCHE OF THE SAP’S ISU MUST HAVE KNOWN OF LUTHULI AND KHUMALO’S ATTACKS AND AIDED AND ABETTED THEM TO AVOID PROSECUTION.WITH REGARD TO THEIR ATTEMPTS TO ENSURE THAT CAPRIVI TRAINEES WHO HAD BEEN ARRESTED OBTAINED BAIL AND WERE REMOVED, SAP GENERALS SMIT AND VAN DER MERWE MUST HAVE AT LEAST ATTEMPTED TO DEFEAT THE ENDS OF JUSTICE.THE SADF’S FINAL WITHDRAWAL FROM THE PROJECT WAS NOT AN ACT OF DISASSOCIATION BUT AN ATTEMPT TO AVOID ITS OWN INVOLVEMENT FROM BEING EXPOSED. WHEN IT WITHDREW, IT FAILED TO PUT A STOP TO MARION’S UNLAWFUL ACTIVITIES, PAVING THE WAY FOR FURTHER ACTS OF VIOLENCE TO BE COMMITTED. THE ESIKHAWINI HIT SQUAD AND OTHER ACTIVITIES OF THE TRAINEES SHOULD BE SEEN IN THIS LIGHT.INSOFAR AS IT WAS STRONGLY ARGUED THAT THE COMMISSION SHOULD ACCEPT HUGO J’S FINDINGS THAT THE TRAINING WAS LAWFUL AND THE EVIDENCE OF THE ACCUSED THE FOLLOWING SHOULD BE NOTED:
CONSEQUENTLY, THE COMMISSION FINDS THAT THE GROSS VIOLATIONS OF HUMAN RIGHTS COMMITTED IN CONSEQUENCE OF OPERATION MARION WERE PART OF A SYSTEMATIC PATTERN OF ABUSE THAT ENTAILED DELIBERATE PLANNING ON THE PART OF THE FORMER STATE, THE KWAZULU GOVERNMENT AND THE INKATHA POLITICAL ORGANISATION. THE BASIS FOR ACCOUNTABILITY FOR SUCH VIOLATIONS ON THE PART OF THE FOLLOWING INDIVIDUAL MEMBERS OF SUCH ORGANISATIONS IS SET OUT IN ABOVE AND FALLS WITHIN THE DEFINITION CONTAINED IN SECTION 1(IX) (A) AND /OR (B) OF ACT NO. 34 OF 1995. THE INDIVIDUALS REFERRED THERETO ARE:
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