Special Hearings — Caprivi Hearings — 1997-08-06

WITNESS:   Thank you, Chairperson.  I believe that the Commission should have no difficulty in coming to the conclusion that the Luthulis, the Mkhizes, the men on the ground and in the front line were not conducting a series of unconnected private frolics but, in fact, acted at the behest of the most powerful individuals within the apartheid state and its surrogate homeland structures.  It is evident that the actions that flowed out of Operation Marion did not only include criminal offences, such as murder, by necessity, the cover-up of crimes was the order of the day.  As has been pointed out, this involved senior politicians and the highest police and military officers, including the Commissioner of Police himself.  This

MR LYSTER: /deception continues

MR LYSTER: 4A deception continues through to today.  Most role-players have chosen to rely on the unlikelihood of an inadequate and overstretched prosecutorial service ever getting its act together to bring thorough and effective prosecutions in such cases.  They rely further on what can be referred to as plausible deniability - what I'd like to call the blind eye syndrome.  This involves placing some distance between the acts on the ground and the decisions taken at the highest levels.  The refrain has often been heard that the highest leaders and officers could not have been expected to know what was going on on the ground and if atrocities did take place this was the work of a few rotten apples.  I believe, however, that this submission has set out a story which reveals an unbreakable and consistent connection between the decisions and strategies decided upon at the level of the State Security Council and higher levels with the explicit references in the documents of operations like Marion, Katzen and others, and with the actions on the ground.  If one is to refer to rot, then it was part of the system itself, which was infected from top to bottom.  I may add that I am somewhat perplexed as to why these role-players continue with their charade.  Apart from the fact that few are persuaded by their denials, all sides adopted strategies which were designed to win the war.  During this war the struggle was seen by all participants as a life and death struggle.  Tactics used by all sides included violence and terror, which resulted in loss of life.  I think few will dispute that the overall aim of all sides to the conflict, apart from their respective political objectives, was to protect their supporters from attack and oppression.  The

MR LYSTER: /deception, presumably,

MR LYSTER: 4A deception, presumably, continues in an endeavour to preserve the image of key political leaders.  It is a futile exercise.  Credibility and statesmanship in these circumstances emerge from being open and honest with the entire nation.  Endeavour to confine culpability to the foot soldiers does a great disservice to these men.  They are passed off as mere thugs and criminals.  They are prevented from coming to terms with their actions.  The spinning of webs of deceit and half truths also does a great disservice to the nation itself as it retards the process of South Africa reconciling itself with its past.  It will, however, not stop this process.  While the acts carried out by members of hit squads, whether they be Caprivi trainees, Vlakplaas members, special forces, or whatever, can only be described as horrific.  They must, however, be seen in context and seen in context they are understandable and I believe that the Truth Commission should see the actions carried out by hit squads in furtherance of a political cause in its proper context.  The bulk of the activities I have described took place within state structures and it security and policing organs.  This culture of impunity and lawlessness still impacts on society today.  Those in public office and in the service of the state should, above all others, comply with the laws of the land.  They should be subject to the greatest scrutiny.  Never again should they be permitted to get away with transgressions of the law.  There were many during these dark years who, in their different situations, did what they could to bring about peace and justice.  Apart from those in civil society, you will also find such people in institutions like the South African

MR LYSTER: /Police, the

MR LYSTER: 4A Police, the KwaZulu Police and the South African Defence Force.  They played such roles at great risk and sacrifice to themselves.  The Commission should find a way of acknowledging these individuals.  The record will be incomplete without their stories.  Thank you.

MR LYSTER: Thank you very much, Mr Varney.  There will now be an opportunity for counsel present to make certain representations.  I understand that some counsel want merely to stand up and say that they will be replying in due course by way of a written document, which will deal seriatim with each of the items raised by Mr Varney.  That was a suggestion which was made by certain counsel during the break.  I think it was a very good suggestion.  However, I understand that is not a suggestion which has been accepted by the entire group.  I want to make it absolutely clear that we do not have much time for cross-examination and that at 7.15 these premises will be closed and I would urge people not to waste what little time there is available with objections and points taken.  We are not in any position to extend the period available to us.  I think Mr Lasich has, by consent, asked if he can make some opening comments.

MR LASICH: Yes, Mr Chairman.  Mr Chairman, there is often the statement said amongst my colleagues at the Bar and the Side Bar that lawyers make terrible witnesses.  I don't intend to test that today.  Mr Chairman, I merely confirm what you stated.  We will deal with Mr Varney's evidence, which we have used in argument subsequently during the course of the hearing.  Thank you, Mr Chairman.

MR LYSTER: Thank you, Mr Lasich.  Is there anybody who wants to place himself on record by way of a similar
 /suggestion?
4A suggestion?

MR WILLS: Yes, Mr Chairperson, I too will be making a submission and also be using Mr Varney's evidence in argument at the conclusion of these proceedings.

MR LYSTER: If, in doing so, if counsel want to say just very briefly that they do not agree with the contents of the document, so that is placed on record at this stage, that's also obviously all right to do so.

MR VISSER: May I take a turn quickly, Mr Chairman?  Mr Chairman, we believe that we can deal with most of what Mr Varney said in a written representation, but we also believe that, in fairness, perhaps also to Mr Varney, that if there is time at the end of the line and if there isn't, well, then so be it, but that we may just wish to put a few points to Mr Varney, because it would be fair for him to comment before we make written representations, but we certainly will make the latter to you at a later stage, yes.

MR LYSTER: Thank you, Mr Visser.

MR BOSMAN: Mr Chairman, I have not been in a position to take any instructions regarding Mr Varney's submissions.  My instructions at this stage are to deal with it in argument in a similar fashion at the end of these proceedings.  Thank you.

MR LYSTER: Thank you, Mr Bosman.   Perhaps we should have just placed - you should have just placed yourselves on record.  It was Mr Lasich for the IFP, Mr Wills, Mr Visser, Mr de Vos - Mr Bosman is it?  Sorry, it was your suggestion.

MR MARITZ: Ja, we don't have a microphone available at the drop of a hat.  We also reserve the right to make
 /submissions
4A submissions in regard to this submission that has been presented.  We would like the opportunity of just posing a few questions, but very briefly.  It won't be a very lengthy cross-examination.