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AG2543-2-2-24-01-Jpeg.Pdf ~lS4~ ~.l ~~. Independent Boord of Inquiry • PO 30x 32293 Broomtonlein 201 7 JOhonnesburg South Airico Phone (011) Ll03-3256/7 Fox (011) Ll03-1366 REPORT OF THE INDEPENDENT BOARD OF INOUIRY FOR THE MONTH OF MAY 1992. CONTENTS I. INTRODUCTION ......•..•................................... 1 II. STATE INSTITUTIONS 1. The South African Defence Force (SADF). 1.1 The Murder of Dr David Webster .... ................. 2 - 3 1.2 The Murder of Matthew Goniwe and others ............. 4 - 5 2. The South African PoLice (SAP). 2. 1 Covert Operations ....•..•....•.... .•............... 5 - 7 III. THE GOLDSTONE COMMISSION . BOARD MEMBERS: Prot Lourie Ackermonn, [J Allen Boesok, Dr Alex Boroine, Mrs Judy Cholmers, Rev Dr Fronk Chikone, Dr Mox Colemon, Mr &iCY'1 Currin, PrOf John'Dugord, Mrs SI18eno Duncon, Mr Peler Harris, Mr Peler Kerchholl, Mrs Lydia Kampe, Mrs Emma Mashininl, Br Jude Pielerse, Archbisl,op Desmond Tutu 1. 32 Battalion .... ............ ..... ...... .. .... 8 - 9 2. Train Violence ... ........... .... ... ......... 9 - 12 IV. NATAL. 1. The Trust Feed's Massacre .. .. .. ... ...... ...... ... ... 13 V. CONCLUSION .... .. ... ... • ...... •.. .. ......... .•. • • . 14 ( - 1 - I . INTRODUCTION. The month of May has been marked by allegations of state involvement in assassinations, covert operations and the covering up of and interfering with inv estigations . Ev ide nce has emerged which suggests that the South Africa n Defence Force (SADF) could have been involved in the murde r of Matthew Goniwe and others in 1985. In addition the civil Co-operation Bureau (CCB) , a clandestine unit which was attached to the SADF's special forces, has once again been linked to the murder of Doctor David Webster. Finally allegations have been made regarding the involvement of members of the South African Police (SAP) in covert activities in the Vaal area. As far as the various Goldstone Comissions are concerned, evidence has been that SADF units have shown a tota l disregard for township residents. In relation to train attacks it seems clear that the various authorities COQc erned have not yet developed weasures which can adequa t e ly protect commuters. ( - 2 - ' II. STATE INSTITUTIONS. 1. The South African Defence Force (SADF). 1.1 The Murder of Dr David Webster. ( On April 28 it was announced that an inquest would be held to attempt to determine who was responsible for the murder of Dr David Webster. Dr Webster was shot dead outside his Troyeville home on May 1 1989. At the Harms commission of inquiry the issue of Dr Webster's killing was dealt with in some detail. Counsel appearing on behalf of the David webster Trust argued that the civil Co-operation Bureau (CCB), a unit attached to the Special Forces division of the SADF, was responsible for the murder. The factors which led to this allegation included the following: Christo Brits, the co-ordinator for Region 6, the CCB's internal cell, admitted that weapons had been iss ued to ( members of the cell three days before the murder; Brits ' diary, which was seized by the commission, had had three pages torn out of it, one of which was May 1 1989; such · CCB files as were seized by the commission indicated that Webster was being monitore d by the CCB and CCB operative " Slang" van Zyl admitted that the murder carried the hallmarks of a CCB operation. - 3 - In his findings Judge Harms stated that a strong suspicion existed that theCCB had killed Webster, a suspicion that members of the organisation had done nothing to dispel . In The citizen of May 4, in reaction to renewed speculation that the CCB was responsible for the killing, an unnamed police source stated that CCB agents had been involved in political murders and that the organisation had a "virtual license to kill". The source added that only a small ­ p~rcentage of the CCB's activities had been made public. In an article in the Sunday star of May 17, it was claimed that a Louis Yssel (a CCB operative) had told Advocate Martin Luitingh that Ferdi Barnard, a one time CCB operative, had confessed to the murder. At the time Yssel tol d him this Luitingh was appearing on behalf of the David \~ebster trust at the Harms Commission. Barnard has denied the allegations. In evidence given at the Harms commiss'ion, Barnard claimed that in March 1989 he was informed by the CCB that he would no longer be used for internal operations but would be utilised externally. Nevertheless from about June 1989 ~ o october 1989 he received instructions from from Van Zyl and fellow Region 6 operative, "calla" Botha, in connectio n Vlith various CCB contracts. (, - 4 - 1.2 The Murder of Matthew Goniwe and others. In a report carried in the New Nation of April 30, the newspaper claimed to be in possesion of a signal message form, dated June 7 1985, sent from a Lieutenant Du Plessis, of Eastern Province (EP) Command, to a General Van Rensburg ( of the state Security Council in Pretoria. The signal, marked "Top Secret", refers to a discussion between the General and a Brigadier Van der Westhuisen, then Officer Commanding EP Command, which dealt with the "permanent removal from society" of activists Matthew Goniwe, Mbulelo Goniwe and Fort ( Calata. The signal stated that thi~ issue was now a matter of urgency. Matthew Goniwe, Calata and two other activists, Sparrow Mkonto and Sicelo Mhlauli were murdered approximately two weeks after the message was sent. It has subsequently emerged that the signal form was given to the New Nation by the Military Leader of the 'l'ranskei, Major General Bantu Holomisa. Holomisa claims that he has a "thick ( file" of similar documents which will be released as soon as their veracity has been established. Du Plessis, now a Commandant, has admitted that he sent the message. - 5 - He allegedly said to the New Nation that he realised that he "is in a lot of trouble", but refused to comment further because he claimed that he was bound to silence by the Official secrets Act. Van der Westhuizen now holds the rank of Lieutenant General and the position of Chief of Staff Intelligence at SADF Hea dquarters in Pretoria. He has refused to comment on the allegations. Former Stat~ President, P W Botha, who chaired meetings of the state Security council at the time, claimed that he could not remember if Goniwe was ever discussed a t any of the meetings . On May 8 1992 President F W de Klerk ordered that the allegations be investigated . They will be the subject of a jUdicial investigation headed by !he Judge President of the Eastern Cape, Justice J P zietsman. 2. The South African Police (SAP). 2.1 Covert Operations. In January 1992 researchers at the Board took a n aff idavit from Daniel Kolisang in which h e claimed that persons , whom he believed were attached to the Transvaal Provincial Adminis tration, had a ttempted to recruit him to carry out certain covert operations in t h e Vaal area. ( - 6 - The operations included ·gathering of information and the carrying out of petrol bomb attacks. The targets were members of the African National Congress (ANC) , the South African communist Party (SACP) and the ANC's armed wing Umkhonto we Sizwe (MK). After some initial investigation done by Board researchers the affidavit was given to the Weekly Mail. This ~ was done with Kolisang's approval. The Weekly Mail established that a house to which Kolisang was taken, was in fact a ·police "safe house" which was used as a base for covert operations in the area. These opera~ions involved the use of falsely registered pager numbers, fictitious company names and false car registration plates. The operatives which Kolisang named in his affidavit were all members of the SAP and many of them were former Security Policemen. 1;'he people whom Kolisang had named as potential "targets" were indeed senior .members of the above named organisations in the Vaal area. Minister of Law and Order, Hernus Kriel, stated that allegations concerning possible illegal activities by this unit should be referred to the Goldstone Commission. On May 14, the commissioner of Police, General Johan Van ·der Merwe admitted in an affidavit that a nationwide network of covert bases was set up by the SAP in 1988. - 7 - The house referred to b; Kolisang in his affidavit was one of these. Bases had been established in eleven regions across the country. Previously the bases had been utilised by the security Police but they now fell under the Criminal Investigation Service (CIS) into which the Security Police were absorbed l ast year. The SAP claim that disclosures about such bases endanger the lives of those involved in the combating of crime. This, according to the SAP, is the reason why the bases are still utilised. On May 26 Judge Goldstone announced that a commission of inquiry would be appointed to investigate the alleged illegal activities of the Vaal unit. Board researchers will be assisting the commission. II. THE GOLDSTONE COMMISSION. During the Month of May two new issu es were investigated by the Commission; allegations that 32 Battalion were responsible for various acts of violence in Phola Park on April 8 and the violence on commuter trains. - 8 - 1. 32 Batrtalion. Residents of Phola Park have alleged that on the night of April 8 members of 32 Battalion swept through the squatter camp killing two residents, raping three and assaulting forty three, many of them severely. In giving evidence, captain Mark Hermanson, the officer commanding the Company to which the troops involved are attached, claimed that the troops had not assaulted any residents, they had only acted in a "heavy handed" manner. Personally he was happy with his troops behaviour.
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