TRC Final Report

Volume 3

Chapter 5

Subsection 41

Killings of Vuyani Dyaboza and Lukhanyiso Finye

On the night of 25 May 1986 a carload of youngsters was stopped at a witdoek roadblock. Mr Vuyani Dyaboza [CT00730], Mr Lukhanyiso Finye [CT00730] and a young woman were then abducted by the witdoeke and held in an informal prison in Crossroads. While the young woman managed to escape, Finye and Dyaboza were hacked to death and their bodies dumped. Subsequent police investigations led to charges being laid against Ngxobongwana regarding the operation of this court. Police official Leonard Knipe testified to the Commission that he was instructed by his senior to ensure Ngxobongwana’s release on bail on orders ‘from the top’.

“I remember that following Ngxobongwana’s arrest, which was regarded as a major breakthrough, that his arrest was reported to the then Divisional Criminal Investigations Officer, [a Brigadier] who was enthusiastic about the arrest. … During the early afternoon of the same day that Ngxobongwana appeared in court I received a telephone call from an agitated Brigadier … The impression was that he had been severely rebuked because of our actions taken against Ngxobongwana and that he had been instructed by either the State President or Minister to see to it that Ngxobongwana was released on bail. I was informed that the authorities were fully conversant with Ngxobongwana’s court, that it was not a people’s court but a tribal court. I was instructed to immediately see to it that Ngxobongwana was released on bail. I ‘phoned the State Prosecutor at Wynberg Magistrate’s Court and related the instructions which I had received from the Brigadier to him. That same afternoon Ngxobongwana was brought before the court and released on bail of R50.00.”

The attitude of the state

251 Squatter camps were posing a major security threat at this time, with regular sniper attacks on police or army vehicles, mainly from the direction of the Old Crossroads satellite camps and KTC. Hand-grenade attacks also strongly indicated the presence of trained guerrillas. This seems to have led to a convergence of interests with the witdoeke, the security forces and the local government agencies wanting to upgrade the original Crossroads area, rid the settlements of ‘comrades’ and eliminate the security threat faced by the police.

252 The Commission uncovered evidence of covert official endorsement of and support to the witdoeke. Documentary evidence links the Western Province Joint Management Centre (JMC), Western Province Command of the SADF and senior SAP personnel at provincial level to this endorsement. More significantly, this local level of support is endorsed by the highest security structure in the country, the State Security Council. The subsequent court case against the Minister of Law and Order points to a high level and expensive cover-up of these acts.

253 On 10 January 1986, shortly after the first mass attack by the witdoeke/’fathers’ of Crossroads on New Crossroads, the JMC chairperson Brigadier AK de Jager stated that “the actions of the ‘old guard’ deserved support, though this should occur in a covert manner.”

254 In March 1986, General Wandrag’s office sent out guidelines for managing unrest, describing contra-mobilisation as follows:

Efforts must be made to get the residents of the black areas motivated to resist the revolutionaries as follows:

Contra-mobilisation must be small scale and implemented at regional level. Positive resistance movements must be encouraged. This must be done clandestinely.²⁵

255 A sub-JMC meeting in the Western Cape noted that “SADF WP Command is already working in this direction to get the ‘fathers’ to resist the comrades.”²⁶

256 During March 1986, the JMCs were tasked with drawing up plans to deal with unrest trouble spots. The final plan presented to the State Security Council (SSC) on 14 April 1986 specified the following for the Western Cape:

Goal: To remove the influence of the Comrades and other activists on the community. Tasks: To support well-disposed moderate blacks.

Actions: Covert organising of adult law-abiding black men (fathers) to go against the Comrades in their terror campaign against the residents of black areas.²⁷

257 The SSC meeting included the President PW Botha, General Magnus Malan (Minister of Defence), Mr Adriaan Vlok and Mr Roelf Meyer. The meeting was also attended by Mr Niel Barnard (NIS) and the Commissioner of Police, General PJ Coetzee, who was later to testify at the trial (see below).

258 On 24 April 1986, a meeting was held at Athlone SAP District Commissioner’s office between witdoeke leaders and members of the SAP. Brigadier Strydom promised to take their case to the Commissioner of Police and to the Minister of Law and Order.

259 Chief witdoek leader Mr Sam Ndima testified to the Commission that two follow-up meetings included various “men from Pretoria” who, in his understanding, gave permission for the witdoeke to take action. One man described himself as “the secretary of the chairman in Pretoria”. Ndima also alleges that two sharpshooters, Warrant Officer Barnard (deceased) and Captain Loock were allocated to assist them. Video footage exists of Loock running with a group of witdoeke shooting at the ‘comrades’ and of members of his unit amiably greeting witdoeke. Captain Loock denied this in a Commission section 29 hearing.