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4. Cradock Four Issued Notice of Motion And 3 141 2 The facts stated herein are within my own personal knowledge unless the context indicates otherwise and are to the best of my knowledge true and correct. 3 I am a policing investigation expert with some 40 years' experience. I retired from the SA Police Service with the rank of Brigadier. I provide expertise on a consultancy basis locally as well as internationally. PROFESSIONAL CAREER 4 Selected highlights from my career include: 4. 1 Between 1985 and 1991 I focussed on serious political violence crimes. Some of these cases exposed the hidden hand of the then South African Government and its security forces in instigating and fuelling political violence. 4.2 In March 1994 after the Goldstone Commission had published its report on "State Sponsored Violence" I was appointed to serve on one of the Special Investigation Teams headed by the then Attorney General of the Transvaal, Dr De Oliveira. 4.3 In August 1994 I was appointed by then Minister of Safety and Security, Sydney Mufamadi, to be second in command of the Investigation Task Unit (ITU) to investigate hit squads within the KwaZulu Police. 4.4 In January 1999 the then Minister of Safety and Security and National Commissioner deployed me to set up the Investigative Directorate Organised Crime (IDOC) to investigate violence in the Richmond area and KwaZulu Natal Midlands. 142 4 4.5 In the latter part of 1999 I was approached to help set up the Directorate of Special Operation (DSO) (Scorpions) within the NPA. I was appointed Chief Investigating Officer and Regional Head . of Investigations in KwaZulu Natal. 4.6 In 2011 I was appointed Provincial Head Detective Services Kwa Zulu Natal. As Provincial Head Detective Services I managed all aspects of investigations in the province. 4.7 In 2017 I was appointed by the Premier KZN to investigate and gather evidence for the Moerane Commission into ongoing political violence in KZN. I became the Chief Investigator of the Moerane Commission of Inquiry. CONFIRMATION 5 I have read the affidavit deposed to by LUKHANYO BRUCE MATTHEWS CALATA and confirm the contents in so far as they relate to me. I particular, I confirm that I investigated the Cradock Four case on behalf of the families, as instructed by the FHR. 6 I confirm searching for relevant documents, tracing possible witnesses, preparing plans and task lists, and handing over all information uncovered to the DPCI. My attempts to liaise with and support the DPCI are set out in the schedule of interactions anne?(ed to the founding affidavit marked "LC41". 7 I conclude that there was no justification for the long delay in finalising this investigation. In my considered view there is no acceptable reason why a 143 j~ a7 5 144 8 In my view, had the investigative and prosecutorial authorities acted with reasonable diligence, an appropriate decision could have been made as far back as the late 1990s when the TRC Amnesty Committee delivered its findings on various applications for amnesty related to the Cradock Four murders. 9 I consequently support the relief sought by the applicants in the notice of motion. CHRISTOPHER REGINALD CLIFFORD MARION The Deponent has acknowledged that he knows arid understands the contents of this affidavit, which was sworn to before me and the deponent's signature was placed thereon in my presence at ~.'1'kW\ ~hv5 on this the )S" day of July 2021, the regulations contained in Government Notice No R1258 of 21 July 1972, as amended, and Government Notice No R1648 of 19 August 1977, as amended, having been complied with. COMMISSIONER OF OATHS FULL NAMES: A)I") ~(,Jht.lMW) DESIGNATION: Jv '----__ ADDRESS: ) rl)J ~ e.il~ lbcd 10, fM..!udr'1 lhcd ft {)tJ 5vfft£ · ;-.(;L,YH Ar ~"--"'-N 1--(,L·t.-c~~ (;uMl\t!lJIV1TY S!=r(\l•Cf' Ct:'NTRf 2021-07- 1 5 ALEXANDRA ROAD .___ __KWAZlJLU-NATAL __w _____ •• -- 145 "LC2•• IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DMSION, PRETORIA Cue Number: In the matter between: LUKHANYO BRUCE MATTHEWS CALATA First Applicant SINDISWA ELIZABETH MKONTO Second Applicant MBULELO TERENCE GONIWE Third Applicant NOMBUYISELO NOUTHA MHLAUU Fourth Applicant and NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS First Respondent MBNiSTER OF JUSTICE AND CORRECTIONAL SERVICES Second Respondent NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE ThJ".(1 Respondent MINISTER OF POLICE Fourth Respondent CHRISTOFFEL PIERRE VAN DER WESTHUIZEN Fifth Respondent HERMANUS BAREND DU PLESSIS Sixth Respondent LOURENS DU PLESSIS Seventh Respondent ERIC WINTER Eighth Respondent CRAIG WILLIAMSON Ninth Respondent ADRIAAN JOHANNES VLOK Tenth Respondent Le. Crl 146 GERRIT NICHOLAS ERASMUS Eleventh Respondent IZAK JOHANNES ENGELBRECHT Twelfth Respondent BAREND JACOBUS DU PLESSIS Thirteenth Respondent FREDERIK WILLEM DE KLERK Fourteenth Respondent JOHAN VELDE VAN DER MERWE Fifteenth Respondent LUKAS DANIEL BARNARD Sixteenth Respondent DANIEL JACOBUS LOUIS NEL Seventeenth Respondent SAMUEL JOHANNES DE BEER Elghtaenth Respondent CONFIRMATORY AFFIDAVIT I, the undersigned, DUMISA BVJHLE NTSEBEZA do hereby make oath and state that: 1 I am an adult male former Commissioner of the Truth and Reconclliatlon Commission and Senior Counsel practicing as such as a member of the Pan African Bar Association of South Africa ("PABASA") Group of Advocates, situated at 1st Floor, PABASA Sandton Chambers, 82 Maude St, Sandton, Johannesburg. 147 2 The facts stated herein are within my own personal knowledge unless the context indicates otherwise and are to the best of my knowledge true and correct. PROFESSIONAL CAREER 3 I was formerly the Head of the Investigation Unit of the Truth and Reconciliation Commission ("TRC" or "the Commission•) constituted In tenns of the Promotion of National Unity and Reconclllatlon Act 34 of 1995 (ihe Arr or ihe TRC Acr). 4 I have practiced law for more than 30 years. I was admitted as an attorney in 1984, practicing In the Eastern Cape mainly In human rights. I represented many polltlcal prisoners throughout the 1980s and early 19908. Between 1993 and 1996 I taught law at the University of the Transkel (now the Walter Slsulu University). I was called to the Bar In 2000 and took SIik In 2005. I have been an acting judge In three divisions of the High Court of South Africa, as 'Nell as In the Labour Court. 5 In 2004 I was appointed by the Secretary-General of the United Nations as a member of the International Commission of Inquiry on Darfur, which was established pursuant to a UN Security Council Resolution passed under Chapter VII of the United Nations Charter to Investigate violations of lntematlonal humanitarian law and human rights law In Darfur. 6 I am a founder of South African National Association of DemocratJc Lawyers and served as its President. I also served as president of South Africa's Black Lawyers Association. I was a member of the Judicial Service Commission (JSC) and a visiting professor of Political Science and Law at the University of Connecticut in the United States. I am a former Chairperson of the Desmond Tutu Peace Trust and I was a trustee of the Nelson Mandela Foundation. 148 7 Earlier this year I was appointed by the 34th African Union Heads of State and Government Ordinary Summit as a judge of the African Court on Human and Peoples' Rights. CONFIRMATION 8 I have read the affidavit deposed to by LUKHANYO BRUCE MATTHEWS CALATA and confirm the contents In so far as they relate to me. I specifically confirm the findings made by the TRC In relatlon to the Cradock Four as well as the findings made In respect of the State Security Council. 9 I confirm that the Cradock Four case was investigated by the TRC's Investigation Unit. The case was also considered as part of the TRC's Investigations into abductions, Interrogations, and killings. I confirm further that the Cradock Four case was one of the cases that the TRC recommended that the NPA and SAPS investigate further with a view to prosecution. CONCLUSION 10 I have frequently gone on record as stating that there has been a shameful lack of political will to deal with the issue of accountability for the apartheid-era victims of gross human rights violations. I fully endorse Archbishop Desmond Tutu's statement made in 2013 that the failure to prosecute those who failed to apply for amnesty undermined those who did. ·11 The Cradock Four story is rooted in South Africa's bitter and divided past. They paid the ultimate price for their uncompromising resistance to apartheid. They were abducted by all-powerful State forces meant to uphold law and order, and 149 then brutally tortured, murdered and their bodies deseaated. Their sacrifices helped to lay the basis for South Africa's democracy with its enshrined freedoms. 12 More than 36 years after the atrocities that forever changed the lives of the Cradock Four families, they continue to be denied truth, justice ~nd closure. Even If a prosecution does eventually take place, the many years of delay have severely compromised the Interests of Justice. This Is, In my view, unforgiveable. The shameful political machinations that effectively stopped this investigation and others, are contemptuous of the sacrifices made for the llberatlon of South Africa. 13 I accordingly endorse this application, and respectfully urge this honourable court to grant the order in the tenns set out in the notice of motion. The Deponent has acknowledged that he knows and understands the contents of this affidavit, which was sworn to before me and the deponent's signature was placed thereon in my presence at m~ \~SL Es~k on this the t 4""' day of July 2021, the regulations contained in Government Notice No R1258 of 21 July 1972, as amended, and Government Notice No R1648 of 19 August 1977, as amended, having been complied with.
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