TRC Final Report

Volume 3

Chapter 3

Subsection 43

292 The full findings of the Commission on the event which became known as the Seven Day War are recorded elsewhere in the Commission’s report. In summary, they are as follows:

THE COMMISSION FINDS THAT FROM 25–31 MARCH 1990, THE COMMUNITIES IN THE LOWER VULINDLELA AND EDENDALE VALLEYS, SOUTH OF PIETERMARITZBURG, WERE SUBJECTED TO AN ARMED INVASION BY THOUSANDS OF UNKNOWN INKATHA SUPPORTERS, AND THAT DURING THIS WEEK OVER 200 RESIDENTS OF THESE AREAS WERE KILLED, HUNDREDS OF HOMES LOOTED AND BURNT DOWN AND AS MANY AS 20 000 PEOPLE WERE FORCED TO FLEE FROM THEIR HOMES. THESE ACTS CONSTITUTE GROSS HUMAN RIGHTS VIOLATIONS, AND UNKNOWN MEMBERS OF INKATHA ARE HELD ACCOUNTABLE.

THE COMMISSION FINDS THAT UNKNOWN YOUNG UDF AND ANC SUPPORTERS WHO STONED AND ATTACKED VEHICLES PASSING THROUGH EDENDALE WERE RESPONSIBLE FOR STARTING THE VIOLENCE THAT DEVELOPED INTO THE SEVEN DAY WAR.

HAVING REGARD TO THE TOTALITY OF THE EVIDENCE GIVEN TO THE COMMISSION, THERE IS NO DOUBT IN THE MIND OF THE COMMISSION THAT SUPPORTERS OF INKATHA WHO TOOK PART IN THE MASSIVE, WELL CO-ORDINATED ARMED ATTACKS ON TUESDAY 27 TO FRIDAY 30 MARCH MUST BEAR OVERWHELMING RESPONSIBILITY FOR THE CRIMINAL ACTS, INCLUDING KILLING, SEVERE ILL-TREATMENT AND ARSON, WHICH TOOK PLACE DURING THAT WEEK. IT IS A FINDING OF THE COMMISSION THAT THE PROVOCATION TO WHICH SOME RESIDENTS OF VULINDLELA HAD BEEN SUBJECTED DID NOT REMOTELY JUSTIFY THE NATURE OF THE RESPONSE THAT WAS METED OUT TO THE RESIDENTS IN THE VALLEY BELOW THEM.

THE COMMISSION FINDS THAT THE SPECIAL CONSTABLES WERE DELIBERATELY ESTABLISHED AND TRAINED TO ASSIST INKATHA AGAINST THE LATTER’S POLITICAL ENEMIES AND THAT SPECIAL CONSTABLES, ACTING ALONE AND IN CONCERT WITH RIOT UNIT 8 OF THE SAP, REGULARLY COMMITTED SERIOUS UNLAWFUL ACTS IN ORDER TO SUPPORT AND ASSIST INKATHA, IN THE PERIOD PRIOR TO AND DURING THE SEVEN DAY WAR. SUCH ACTS INCLUDED THE KILLING OF FIFTEEN PEOPLE AT KWASHANGE, NAMELY MR MOSES ZUMA, MR ISRAEL ZUMA, MS ROSE MTOLO, MS AGNES SIBISI, MR MBUZANE NGUBANE, MR GEORGE ZONDI, MR KHABEKILE NGUBANE, MR NKANKABULA NGUBANE, MR ABEDNIGO MKHIZE, MR MZOMUHLE MANJWA, MR MFANAFUTHI NGUBANE, MR DOMINICA NCGOBO, MR MZIKAYIFANI MTOLO, MR MAKHOSONKE PHAKATHI AND MR MFULATHELWA MAKATHINI. THE SAP ARE HELD ACCOUNTABLE FOR THE GROSS HUMAN RIGHTS VIOLATIONS INVOLVED IN THESE KILLINGS BY UNKNOWN SPECIAL CONSTABLES DEPLOYED IN THE AREA.

THE COMMISSION FINDS THAT THE GROSS HUMAN RIGHTS VIOLATIONS INVOLVED IN THE EVENTS OF 28 MARCH 1990 TOOK PLACE ON THE INSTRUCTIONS OF MR DAVID NTOMBELA AND THAT NTOMBELA IS HELD ACCOUNTABLE FOR THESE, INCLUDING KILLING, ATTEMPTED KILLING, CONSPIRACY TO KILL, SEVERE ILL-TREATMENT AND ARSON.

THE COMMISSION FINDS IMPROBABLE THE EVIDENCE OF DIRECTOR DANIEL MEYER THAT THE POLICE ACTED IN AN IMPARTIAL AND UNBIASED MANNER AND DID EVERYTHING POSSIBLE TO PREVENT LOSS OF LIFE AND DAMAGE TO PROPERTY. ELEMENTS OF THE SAP RIOT UNIT 8, BOTH AT A SENIOR LEVEL AND AT THE LEVEL OF THE SPECIAL CONSTABLES ATTACHED TO THE UNIT, DELIBERATELY ACTED, BY OMISSION AND COMMISSION, TO ASSIST AND FACILITATE ATTACKS BY INKATHA SUPPORTERS ON NON-INKATHA RESIDENTS DURING THE SO-CALLED SEVEN DAY WAR. THEY FURTHERMORE DELIBERATELY FAILED TO DEPLOY THE SADF IN THE CONFLICT AREAS, IN ORDER TO GIVE FREE REIN TO INKATHA FORCES IN THEIR ATTACKS ON NON-INKATHA RESIDENTS. THE COMMISSION FINDS THAT THE ACTIONS OF THE RIOT UNIT CONSTITUTED GROSS HUMAN RIGHTS VIOLATIONS FOR WHICH THE SAP IS HELD RESPONSIBLE.

THE COMMISSION FINDS THAT THE POLICE INVESTIGATION INTO DEATHS OCCURRING DURING THE SEVEN DAY WAR WAS WHOLLY INADEQUATE. WHILE OVER A HUNDRED PEOPLE WERE KILLED IN THE EVENT, NO ACTION WAS TAKEN TO CARRY OUT A SPECIAL INVESTIGATION OR ENQUIRY INTO THE MATTER. IT IS THE FINDING OF THE COMMISSION THAT, GIVEN THE HIGHLY POLITICAL ROLE OF THE POLICE AT THE TIME, THE FACT THAT THIS EVENT WAS NOT COMPREHENSIVELY INVESTIGATED INDICATES, ON BALANCE, A DELIBERATE COMMISSION, RATHER THAN MERE NEGLECT OR DERELICTION OF DUTY ON THE PART OF THE SAP, IN ORDER TO PREVENT THOSE RESPONSIBLE FOR COMMITTING VIOLATIONS FROM BEING BROUGHT TO JUSTICE.

THE COMMISSION FINDS THAT UNKNOWN OFFICIALS OF THE KWAZULU GOVERNMENT MADE AVAILABLE GOVERNMENT VEHICLES TO ASSIST INKATHA MEMBERS IN THEIR UNLAWFUL ATTACKS ON NON-INKATHA COMMUNITIES. IN THAT THE KZP KNOWINGLY PARTICIPATED IN AND THE KWAZULU GOVERNMENT OFFICIALS FACILITATED THE COMMISSION OF GROSS HUMAN RIGHTS VIOLATIONS, THE COMMISSION HOLDS THESE UNKNOWN MEMBERS OF THE KZP AND KWAZULU GOVERNMENT ACCOUNTABLE FOR SUCH VIOLATIONS.