TRC Final Report

Volume 3

Chapter 5

Subsection 43

The court case

269 KTC residents then instructed the LRC to sue the Minister of Law and Order for damages sustained during the attacks. The Supreme Court damages claim was on behalf of twenty-one parties whose respective claims exceeded R10 000.³² It was alleged that members of the SAP had made common cause and assisted the persons from inter alia Old Crossroads in destroying, damaging and/or causing the loss of the said dwellings and property. Alternatively, they had negligently failed to take reasonable steps to prevent the destruction of KTC.

270 The Minister of Law and Order denied these allegations. Throughout the case, all defence witnesses representing the state consistently denied any involvement in the attacks or support to the witdoeke. The Commissioner of Police, General Johan Coetzee testified that the police were trained to be impartial and it was not in the ‘culture’ of the SAP to take sides or engage in illegal actions. He stated that “ek was nooit in ‘n kabinetsvergadering waar die sake gedebatteer is of so ‘n saak gedebatteer is nie”³³ General Wandrag of SAP Head office also denied any knowledge of any conspiracy and argued that the SAP did not regard the ANC or ‘comrades’ as the enemy, only as criminals.

271 Despite these denials, the state took the highly unusual step of issuing Section 66 notices barring access to evidence requested by the LRC.³⁴ Five Section 66 certificates were issued by three Ministers. Three were signed by Minister of Law and Order Adriaan Vlok, one by the Minister of Defence Magnus Malan and one by Deputy Minister of Law and Order Roelf Meyer. The following kinds of documentation were barred, inter alia: Specific written instructions or orders given by Major General Wandrag relating to the events; almost all SADF documentation relating to their activities; all general staff meeting minutes of the SAP referring to the events; security police documents; documents relating to the helicopter used by the security forces during the attacks; and JMC documentation.

272 The case ran from September 1987 to June 1989 and was settled out of court in February 1990 by the withdrawal of the action and the allegations set out in the claim. Thus there was no judgement and no court decision.³⁵

THE COMMISSION FINDS THAT THE ORIGINS OF THE CONFLICT LAY IN HISTORICAL RIVALRIES AND POLITICAL DIFFERENCES BETWEEN DIFFERENT GROUPS AND AN INCREASING TENDENCY TO RESOLVE SUCH DIFFERENCES BY VIOLENT MEANS. HOWEVER, THE COMMISSION FINDS THAT THESE CONFLICTS WOULD NOT HAVE RESULTED IN THE SCALE OF VIOLENCE AND DESTRUCTION THAT LED TO THE DEATHS OF OVER SIXTY PEOPLE AND THE DESTRUCTION OF OVER 20 000 HOMES WITHOUT THE PERMISSION, FACILITATION AND ENDORSEMENT OF THE SECURITY FORCES.

IN THIS REGARD, THE COMMISSION FINDS EVIDENCE THAT AT LEAST THE WESTERN PROVINCE (WP) SECURITY BRANCH, THE WP COMMAND OF THE SADF AND THE WP JMC WERE INVOLVED IN SUCH ENDORSEMENT. FURTHER, THE COMMISSION FINDS THAT THE STATE SECURITY COUNCIL APPROVED AN OVERALL JMC PLAN THAT INCLUDED THE COVERT ORGANISING OF THE WITDOEKE TO RESIST THE ‘COMRADES’. THE COMMISSION FINDS THAT THE ISSUING OF SECTION 66 NOTICES BLOCKING ACCESS TO CRUCIAL DOCUMENTATION IN THE COURT CASE AMOUNTED TO CONCEALMENT OF SUCH SUPPORT.

THE EVIDENCE CONSIDERED INCLUDES:

THE DOCUMENTATION PRESENTED ABOVE.

THE WITNESS ACCOUNTS OFFERED AT THE TRIAL AGAINST THE MINISTER OF LAW AND ORDER WHICH TESTIFIED TO GROSS NEGLIGENCE IN HALTING THE ATTACK AS WELL AS ACTIVE COMPLICITY.

THE ABSENCE OF ANY PROSECUTIONS OF THE ATTACKING PARTY IN THE CONFLICT.

THE INTERVENTION IN THE TRIAL OF JOHNSON NGXOBONGWANA BY SENIOR MEMBERS OF THE SECURITY FORCES.

THE RELATIONSHIP BETWEEN PRINCE GOBINGCA AND THE SECURITY FORCES, INCLUDING CAPTAIN PAUL LOOCK.

THE EVIDENCE OF RICKY SCHELHASE CONCERNING THE GOALS OF THE ADMINISTRATION BOARD AND THE BROADER SECURITY STRATEGIES IN PLACE AT THE TIME OF THE ATTACK.

FURTHER, THE COMMISSION RECOMMENDS THAT THE ROLES OF CAPTAIN PAUL LOOCK AND W/O BARNARD IN THE CONFLICT, AND THE RELATIONSHIP BETWEEN JOHNSON NGXOBONGWANA, THE STATE AND THE SECURITY FORCES ARE FURTHER INVESTIGATED.