Special Hearings — Caprivi Hearings — 1997-08-14

MR COETZEE: Mr Varney was of the opinion, for what it's worth, that the line of thinking followed by the senior military officials at the time was the principles that they - I repeat, that they subscribe to the principles of McEwan.  Dr Williams differs from Varney in this respect.  He clearly states that the principles of Frazer were preferred, and he conceded that the military thinking of the time was the more moderate approach of Frazer, as opposed to the harsher approach of McEwan.  It was further stated, and not disputed, that during the two most senior staff courses given to senior military personnel at the time that the approach that was followed was that of Frazer and not McEwan, and that McEwan's way of thinking

MR COETZEE: /was rejected.

MR COETZEE: was rejected.  In this regard I refer to page 507 and 508, and also the evidence of General Ulzig in the Msani trial.

MR COETZEE: Dr Williams also agreed that it was an acceptable principle of counter-revolutionary warfare that the Security Forces do not get involved in any unlawful activity, and that at all stage their conduct must fall within the framework of the law.

MR COETZEE: It is also interesting to note that Dr Williams' evidence supports that of General Ulzig, who testified in the Malan trail.  Mr Varney criticised General Ulzig as being a subjective witness.  It is necessary for the panel to read the full evidence of General Ulzig, which can be found on page 4152 to 4248 of the Msani record.  When it was put to Dr Williams that General Liebenberg was specifically appointed to oversee the working group's recommendations and the proposed security system for KwaZulu because of his experience gained during the establishment of the Ubombo Home Guard, the situations were similar relating to attacks on the Ubombo chieftains, and the attacks and the potential threat facing the KwaZulu Government, his previous experience could be utilised in providing a potential solution to alleviate the problem in KwaZulu-Natal - or KwaZulu at the time, sorry.  In this regard I refer to his evidence on page 519 and 520.

MR COETZEE: The whole scenario which was dealt with in the Msani trial, namely that there were attacks on members of the KwaZulu Government and Inkatha dignitaries by the ANC and UDF, and that Dr Buthelezi requested protection from these attacks, and assistance from the South African Government, the basis of this assistance entailed providing Buthelezi

MR COETZEE: /with a

MR COETZEE: with a paramilitary capability, which entailed, inter alia, an intelligence gathering capacity, and means whereby VIPs could be protected, contra-mobilisation, and a reaction unit which could react offensively when the need arose to provide the necessary protection.  The intended capacity indeed fell within accepted military doctrines relating to counter-revolutionary warfare.  Furthermore the whole assistance was provided for a lawful aim.  Dr Williams accepted the above scenario and stated that it made logical sense to him.  In this regard I refer to his evidence at page 520 to 530.

MR COETZEE: And now I suggest we take a break now.

CHAIRPERSON: Can we reconvene at 20 to.
SHORT ADJOURNMENT
/
ON RESUMPTION
ON RESUMPTION

CHAIRPERSON: Mr Coetzee or Mr de Vos will continue with submissions on behalf of their clients.