TRC Final Report

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;

• THE USE OF THE SPECIAL FORCES AS INSTRUCTORS;
• THE USE OF SOVIET WEAPONS;
• THE USE OF HEAVY DUTY WEAPONS SUCH AS MORTARS AND RPG7S;
• THE USE OF EXPLOSIVES, LANDMINES, AND HAND GRENADES;
• TECHNIQUES IN HOW TO CARRY OUT ATTACKS WITHOUT LEAVING CLUES AND TACTICS ON HOW TO AVOID ARREST, DETENTION AND INTERROGATION AT THE HANDS OF THE POLICE;
• ATTACKS ON HOUSES WITH THE AIM OF KILLING ALL THE OCCUPANTS.

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:

• THE TRIAL WAS BASED PRIMARILY ON ONE INCIDENT;
• ALTHOUGH A GENERAL CONSPIRACY CHARGE WAS ADDED SHORTLY BEFORE THE COMMENCEMENT OF THE TRIAL, NO EVIDENCE WAS LED TO SUPPORT IT;
• NONE OF THE WITNESSES BEFORE THE COMMISSION TESTIFIED AT THAT TRIAL (COLONEL ROCKY WILLIAMS, GCINA MKHIZE, ZWELI <b>DLAMINIb>, JAN ANTON NIEUWOUDT AND DALUXOLO LUTHULI);
• HUGO J WAS CRITICAL OF THE FAILURE TO CALL A MILITARY EXPERT AND TO LEAD DETAILED EVIDENCE AS TO THE NATURE OF THE TRAINING;
• HUGO J FURTHERMORE FOUND THAT LUTHULI, VAN DEN BERG AND BLAAUW SHOULD HAVE BEEN CALLED;
• THE CUT OFF DATE OF THE CONSPIRACY CHARGE EXCLUDED SOME OF THE MOST INCRIMINATING MARION DOCUMENTS;
• THE ACCUSED IN THE CRIMINAL TRIAL WERE VERY POORLY CROSS EXAMINED AND NONE OF THE FACTORS WHICH THIS COMMITTEE HAS RELIED ON WERE CANVASSED WITH THEM. MANY OF THE EXTRACTS FROM THE TRIAL WHICH ARE REFERRED TO HEREIN EMERGED FROM THE ACCUSED’S EVIDENCE-IN-CHIEF OR FROM QUESTIONS BY THE JUDGE.

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:

• MR PIETER WILLEM BOTHA, FORMER STATE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA;
• GENERAL MAGNUS ANDRE DE MERENDAL MALAN, FORMER MINISTER OF DEFENCE SOUTH AFRICAN GOVERNMENT;
• DR M G BUTHELEZI , FORMER CHIEF MINISTER OF THE KWAZULU GOVERNMENT AND PRESIDENT OF THE INKATHA POLITICAL ORGANISATION;
• GENERAL PIETER HENDRIK GROENEWALD, FORMERLY OF THE SADF;
• VICE ADMIRAL <b>ANDRIESb> PETRUS PUTTER, FORMERLY OF THE SADF;
• MELCHIZEDEC ZAKHELE KHUMALO, FORMERLY PERSONAL ASSISTANT TO PRESIDENT OF INKATHA;
• GENERAL S M MATHE, FORMERLY OF THE KWAZULU POLICE FORCE;
• SIEGFRIED BHENGU, FORMERLY EXECUTIVE COMMITTEE INKATHA;
• MANGAQA MNCWANGO, FORMERLY EXECUTIVE MEMBER INKATHA YOUTH BRIGADE;
• CAPTAIN LEONARD LANGENI, FORMERLY OF THE KZP;
• COLONEL JAN ANTON NIEUWOUDT, FORMERLY OF THE SADF;
• LT COL GERHARDUS MARIO JACOBS, FORMERLY OF THE SADF;
• COL H M BLAAUW, FORMERLY OF THE SADF;
• CAPTAIN JOHAN PIETER OPPERMAN, FORMERLY OF THE SADF;
• SGT ANDRE CLOETE, FORMERLY OF THE SADF;
• COLONEL JOHN REEVES MORE, FORMERLY OF THE SADF;
• GENERAL CORNELIUS JACOBUS VAN TONDER, FORMERLY OF THE SADF;
• COLONEL CORNELIUS JOHANNES VAN NIEKERK, FORMERLY OF THE SADF;
• COLONEL MICHAEL ADRIAAN VAN DEN BERG, FORMERLY OF THE SADF;
• COLONEL LOUIS BOTHA, FORMERLY OF THE SOUTH AFRICAN POLICE;
• GENERAL JOHAN VAN DER MERWE , FORMERLY OF THE SOUTH AFRICAN POLICE;
• GENERAL SEBASTIAN JACOBUS JOHANNES SMIT, FORMERLY OF THE SOUTH AFRICAN POLICE.