TRC Final Report

Volume 3

Chapter 5

Subsection 62

Violations committed by SDUs

427 The majority of violations committed by ANC members appear to be linked to the activities of the SDUs in the region, whose relationship to formal MK structures was frequently tenuous. Several amnesty applications and incidents of gross human rights violations were SDU-related and occurred after the suspension of armed struggle. However, the Commission received evidence that at least one SDU acted in the service of an agent of certain security forces (see below).

Peninsula SDUs

428 With the escalation of attacks on liberation movement supporters from 1990, several local communities, especially in Khayelitsha and Nyanga, set up self-defence units to patrol affected areas at night. SANCO was instrumental in this process, and there are allegedly instances of community collections to fund the purchase of ammunition or weapons for the SDUs. The SDUs were often headed by MK members with at least some external training, although many were post1990 recruits trained in Uganda. Local youth were also recruited into SDU structures and were given some training locally or in Transkei.

429 Some of the SDUs engaged in criminal actions with little or no political motivation, or political actions that contravened the ANC’s suspension of armed struggle. Although, technically, SDUs’ role was primarily defensive, many engaged in ‘pro-active’ attacks. For example, Mr Mzingisi Patrick Ndlumbini [AM0184/96], an SDU cell member in New Crossroads, attacked the home of a Mr Xetegwana on 27 October 1991, believing him to be linked to the ongoing taxi violence. He and others also ambushed a police patrol van on 13 October 1991, injuring policeman Ndemphiwe Ntekiso, allegedly in an effort to obtain weapons. Ndlumbini was granted amnesty.

430 In at least one instance, SDU members were deployed in violations against other ANC or MK members. On 19 June 1991, senior ANC and MK member Mziwonke ‘Pro’ Jack [CT00225] was gunned down and killed by three men in Nyanga. His nephew Andile Jack was wounded in the attack. At the time, this was portrayed as an assassination of an ANC leader by the security forces or their ‘surrogates’. However, it was believed within ANC circles that ANC members linked to MK were probably involved in the attack. The Commission’s efforts to uncover the results of an ANC-initiated internal investigation were unsuccessful. SDU member Xola Thembinkosi Yekwani applied for amnesty for this killing [AM7970/97], in which he implicated ANC Youth League members. The application had not been heard at time of reporting.

431 Many SDUs seem to have operated without senior ANC operational control. Lines of command appear to have been extremely localised, without sustained links to regional MK structures. Some SDUs were self-appointed. Control of weapons also appears to have been very loose. Further, many MK soldiers returning after 1990 came back to a life of poverty which encouraged involvement in crime.

432 Evidence before the Commission suggests that SDUs were also open to manipulation, infiltration and penetration by agents of the security forces. While the commission has found that one SDU in KwaZulu-Natal was run by paid Security Branch informants or agents, in the Peninsula at least one SDU had links with, obtained arms from and committed violations on behalf of a person with Military Intelligence and Security Branch links.