Special Hearings — Political Party Recalls — UNKNOWN

UNKNOWN: Thank you very much, Chairperson. We would like to thank the TRC for giving us this opportunity to make these further presentations and we hope in the spirit in which you, Chairperson, have indicated, the search by the Commission for the truth, and without treating this process as a charade.
First of all I would like to indicate, Chairperson, the variety of documents that we have submitted this time round. If you will allow this, I will read part of this document which will indicate our approach to this second round of our presentation.
"In our first submission we concentrated on providing the TRC with an overview of ANC policies, strategies and tactics, within the context of the struggle for national liberation in the country. We paid particular attention to these issues which are central to the mandate of the TRC, in our belief, the nature, the causes and extent of gross violations of human rights as defined in the Act which brought the TRC into being. The questions we have received from the TRC in response to our first submission, indicate that at present your primary areas of concern include a clearer understanding of ANC policies, of the ANC's structures and lines of accountability and who was responsible for ensuring that ANC policy was adhered to by the general membership of the ANC. Several questions indicate the related concern of the TRC to establish a better understanding of what actions were taken by the leadership of the ANC, to deal with instances where there were deviations from policy.
Concern has been indicated regarding the need for better understanding of the ANC's policies, with regards to Inkatha - the IFP, particularly in the context of the violence in KwaZulu/Natal since 1984, and the post-1990 explosion of violence in Gauteng.
In addition to several questions reflecting these key areas of concern, the TRC has asked for detailed information on the activities of Umkhonto weSizwe and our former department of national intelligence and security.
More information on the activities of the former apartheid regime has been requested, particularly with regard to the national coordinating mechanisms, mechanism and other covert activities.
Our response to this major areas of concern is presented as follows
1. A submission concentrating on questions concerning ANC policies, structures of accountability within the ANC, other relevant institutions and procedures, and actions taken by the leadership to halt deviations from policy. Our responses to questions from the TRC relating to the activities of the former apartheid regime, are also included in the documents.
2. There are two operational reports which aim to provide the TRC with a clearer understanding of the mandates and activities of Umkhonto weSizwe and the Department of Security and Intelligence and Security.
We wish to emphasise Chairperson, that this is a supplement to, and not a substitute for the main submission presented to the Commission in August, last year. As such there are many areas regarding ANC policy, our general approach to struggle, the context in which our actions took place, the policies and actions of the apartheid regime, which are not covered in this operational report. The two submissions should there be treated as complementary.
In instances where there is insufficient detail, this is either because information is not available or because the relevant issues would be covered appropriately and adequately in individual applications for amnesty."
I should add to that, Chairperson, that apart from the documents I have just handed to you, as you are aware, there are other documents which we have submitted, but have not made available for general circulation, for purposes which, Chairperson and the Commission, I am sure, you will understand. These would include reports which deal with for instance, names of cadres of Umkhonto weSizwe who died as a result of beatings; names of cadres of Umkhonto weSizwe who were executed for murder or for rape; names of agents who were executed on orders of our tribunals; names of mutineers who died in 1984, when the camp in which they mutinied was recaptured; available documents from the proceedings of the military tribunal in 1984 and so on.
These documents, as I was saying, Chairperson, we have submitted and are not included in these documents which will be public. But it was important that we should submit these and other documents to the TRC in pursuit of this objective of trying to establish as much as possible, the truth.
The Commissioners asked us, Chairperson, as you know, to make a statement on -
"Our views, motivations and perspectives on the nature of the South African conflict.
What were the values that inspired the leaders of our organisation over the years?
What inspired the sacrifices which many of your followers made?
And what drove those, who were responsible for the Commission of Human Rights?"The answers to these questions, Chairperson, we believe, are contained in our first submission. Nevertheless, we make additional submissions, dealing with these issues as contained, among others, in the section at the beginning of our main document, headed
"Manifesto Nature of the South African Conflict.
The conflict, Chairperson, arose out of the colonial and apartheid domination and super exploitation of the Black majority by the White minority. The oppressed majority, therefore, engaged in struggle to liberate itself from this domination and super exploitation, to give birth to a South Africa which belongs to all who live in it, while the oppressor minority fought to maintain and entrench its domination.
The objective which has inspired and guided the leaders, members and supporters of the ANC throughout the 85 years of its existence, has been the establishment of a society based on the precepts of democracy, non-racialism, non-sexism, respect for every person's human dignity and fundamental rights, equality among all citizens, the rule of law, peace and prosperity. 
The gross injustice, the daily and grievous insult and humiliation represented by the system of apartheid, could not but evoke resistance by whose who were its victims. Deriving their inspiration, even to make the supreme sacrifice from the promise of the prize of freedom and liberty. In much the same way as all oppressed people throughout history have been moved to lay down their lives in the struggle to be free from oppression."Chairperson, the Commission has further asked us for -
"Further clarification of the ANC's definition of a justified target."
We did, Chairperson, deal with this matter in our previous submission. Further comments are contained in the second set of documents we have just submitted.
We believe, Chairperson, with your permission, that once more it is necessary to contextualise the armed struggle in which we engaged.
"At the beginning of 1961, after a long and anxious assessment of the South African situation, I and some colleagues came to the conclusion that as violence in this country was inevitable, it would be unrealistic and wrong for African dealers to continue preaching peace and non-violence when the Government met our peaceful demands with force. Umkhonto was formed in November 1961. Umkhonto was to perform sabotage and strict instructions were given to its members right from the start, that on no account were they to injure or kill people in planning or carrying out operations.
It is a fact that for a long time the people have been talking of violence, of the day when they would fight the White man and win back their country. We, the leaders of the ANC had nevertheless prevailed upon them to avoid violence and to pursue peaceful methods.
When some of us met in May and June 1961, it could not be denied, that our policy towards achieving a non-racial state by non-violence had achieved nothing, and that our followers were beginning to lose confidence in this policy, and were developing disturbing ideas of terrorism." These two paragraphs I have just read, Chairperson, constitute a statement that was made by Nelson Mandela, explaining the origins of the armed struggle and addressing in that context this question which the TRC, seeks to address the question of "targets".
Let me read another statement, Chairperson, in this context
"The many trials that are going on in South Africa ..."
This is a statement made in 1964 -
"The many trials that are going on in South Africa and the thousands of Africans who are being detained, either under the 90 day no trial law, or under Transkei Proclamation 400/1960, testify to the fact that a radical change is in process in the attitude of many Africans towards the possibility of bringing about political change by ordinary political processes.
They also show the determination of the government representing the White population, to crush with every means at its disposal, both legal and military, every movement among Africans for their liberation. The dilemma confronting African leaders, as well as those who have their welfare at heart, is whether they should continue to urge their followers to stand by the methods of persuasion and discussion, in the face of increasing and relentless force with which their attempts at the amelioration of their lot, are met by the government.
When the flower of African youth, represented by such men as Mandela and Dr Neville Alexander are being sentenced to long terms of imprisonment during peace time, for fighting for their legitimate rights in what they believe to be the only ways open to them, can we say that the Christian thing to do is to advise them to acquiesce in their present situation and wait Macawber-like for something to turn up".
That statement, Chairperson, was made by the late Prof Z K Matthews, in addressing a conference which had been convened by the World Council of Churches in the then Northern Rhodesia - Zambia - in May 1964. A historic conference, which I am sure the Chairperson will remember. It had some implications also by the Dutch Reformed Church at that time.
This statement, Chairperson, I am saying, made by Prof Z K Matthews, an outstanding leader of our people, known to everybody as an adherent of the policy of non-violence, and an organiser for the pursuit of those policies of non-violence. But he says 
"Can we say that the Christian thing to do is to advise them to acquiesce in their present situation and wait Macawber-like for something to turn up."
The American Declaration of Independence of 1776, Chairperson, as you know, contains the following observation, which easily describes a particular stage in our own struggle. It says
"In every stage of these oppressions by the British Crown, we have petitioned for redress in the most humble terms. Our repeated petitions have been answered only by repeated injury."
It goes on to say, Chairperson -
"A prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people."Earlier it says
"We hold this truth to be self-evident that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are lively ...(indistinct) in the pursuit of happiness. That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new governments. 
When a long train of abuses and ...(indistinct) patience, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government and to provide new guards for their future security."
Clearly, Chairperson, it answers the question that Prof Z K Matthews posed whether people should wait Macawber-like for something to turn up. It says no, faced with despotism and tyranny people have a right and a duty to throw off the tyrannical government. 
We would like to make the point, Chairperson, that in the end the right to rebellion against tyranny is the ultimate guarantee of liberty.
In August 1974, Chairperson, the South African Council of Churches adopted its famous resolution on conscientious objection. Here are excerpts from this Resolution. It said
"The National Conference of the SACC acknowledges as the one and only God, Him who mightily delivered the people of Israel from bondage in Egypt, and who, in Jesus Christ still proclaims that he will set at liberty those who are oppressed. He alone is Supreme Lord and Saviour and to Him alone we owe ultimate obedience. Therefore, we must obey God rather than man in those areas where the government fails to fulfil its calling to be God-servant for good, rather than for evil and oppression.
In the light of this, the conference maintains that Christians are called to strive for justice and the true peace which can be founded only on justice. It does not accept that it is automatically the duty of those who follow Christ, the Prince of Peace, to engage in violence and war, or to prepare to engage in violence and war, whenever the state demands it. Reminds its member churches that both Catholic and Reformation theology, have regarded the taking up of arms as justifiable if at all, only in order to fight a just war.
Points out that the theological justification of a just war excludes war in defence of a basically unjust and discriminatory society."
That's the end of the excerpts from this particular Resolution, Chairperson.
The Commissioners will of course be familiar with the further evolution of this argument within the Christian church in our country and region, where the publication of the Kairos Document in 1985 and the WCC convened meeting in Lusaka in May 1987, whose Lusaka statement recognised that the nature and conduct of the apartheid regime -
"Compels the liberation movements to the use of force, along with other means to end oppression."
These processes, Chairperson, acknowledged the linkages from the identification of a government as tyrannical, to its characterisation as illegitimate and to the forfeiture of its moral right to govern and thus the acquisition by the people who are the objects of this tyranny, of the right to resistance and rebellion.
We have reiterated these arguments, Chairperson, to make the fundamental and critical point that there are just and unjust wars, and ours was a just war. We make this assertion to address a number of issues. These being
1. That the armed struggle waged by our people to resist the colonisation of our country and to emancipate our people from apartheid oppression could never in themselves be viewed as a violation of human rights but as an imperative of last resort to restore to the people their human rights.
2. We believe that for the process of national reconciliation to succeed it must in part recognise the legitimacy of the struggle of the oppressed and welcome it as a central contributor to the creation of a just and peaceful society.
3. We must avoid the danger whereby by concentrating on those particular and exceptional acts of the liberation movement, which could be deemed as constituting gross violations of human rights, we convey the impression that the struggle for liberation was itself a gross violation of human rights.
4. We must recognise the fact that war by definition implies death and the destruction of property, and avoid the temptation to superimpose on the conduct of a military conflict, the expectation of the non-lethal consequences of a peaceful non-violent struggle.
5. In our effort to sustain the image of a South African miracle, we should not seek to impose conditionalities on the South African armed struggle which aim at making it miraculously different from guerrilla wars fought even in this century, by many peoples on all continents, without exception.
In our presentation, last year, Chairperson, we drew the attention of the Commission to various features which distinguish a guerrilla war from regular warfare, with specific reference to our own experience. We will not cover this ground again, but return to one point only.
This point is that precisely because a liberation movement takes up arms to advance the interests of the people, because its strength and success depend on popular support, and because it necessarily has to pursue the objective of the greatest possible isolation of the oppressor regime from the people as a whole, it conducts its military campaigns in ways that seek to win the allegiance and support of the people. In actual terms for us this meant not only that we were engaged in a just war, but also that we should conduct that war in a manner consistent with humanitarian principles governing the conduct of the war. This being an inherent feature of the definition of a just war. 
It was in this context, Chairperson, that we acceded to the Geneva Protocols, dealing with this particular matter, of the humanitarian principles governing the conduct of war.
However, Chairperson, this does not mean that aberrations did not occur. We have not sought to hide these instances, but rather attempted within the context of our possibilities, to provide the whole truth relevant to such occurrences. We have not attempted to argue that because our struggle was just, this fact justified resort to unacceptable methods of struggle.
The documents we have submitted, Chairperson, include a list of military operations we have carried out during this period under the purview of the Commission. In itself, Chairperson, that list answers the question about justified targets in a practical way, in the sense that it tells a story of what actually happened. And what happened is that principally we directed our attacks against the apartheid forces of oppression, government installations, the apartheid state system and strategic economic objectives.
What we have said, Chairperson, to contextualise the conduct of the armed struggle should also clarify the point that the only military policy, a question which the Commission put to us, the only military policy we could and did have with regards to Inkatha, was that members of this organisation were not, by virtue of such membership, legitimate military targets. Accordingly at no stage did the leadership of the ANC take a decision or give instructions to conduct an armed struggle against the IFP.
I should say in this context, Chairperson, that as a matter that has been raised repeatedly in the past, that there was a plan by the ANC at that stage, to assassinate Dr Buthelezi. With regard to that particular issue, it is true that a unit of the ANC did at some point take a decision to carry out an operation of that kind. When the ANC headquarters found that out, it countermanded that decision and that operation was never carried out.
It is also true, Chairperson, that especially the Department of Military Intelligence made it its business to sustain the story that in fact there was an ANC decision to assassinate Dr Buthelezi, when there wasn't, and did all manner of things to make sure that Dr Buthelezi was convinced of this and so that they could take particular measures in response to what was then seen as a trap, but which as I say, Chairperson, a threat which, in fact, did not exist.
I am making the point, Chairperson, that we could not -we did not regard the IFP, its members as legitimate military targets. Therefore, at no stage were any decisions taken to attack the IFP as IFP.
"In the period after 1990, when the defence units, the SDUs were established, some of those SDUs did indeed act, they did indeed act in the context of the ongoing conflict then in KwaZulu/Natal and Gauteng Province, in defence of the people, not against the IFP, but against people who were seen as warlords and people who belonged to military groups or groups that were engaged in violence on behalf of the IFP."
We will come back to that particular question, Chairperson, of the SDUs.
We believe, therefore, Chairperson, that the documents deal in detail, and hopefully in a satisfactory manner with all the questions which the Commission posed around the various matters affecting the choice of targets.
The Commission also posed questions to us relating to excesses against cadres and captured agents. We have provided an extensive account of our activity, our activities in response to this query.
But we would like to make a few points with regard to this issue, Chairperson.
The first of this is, that our security organs made a sterling contribution to the effort to defend the democratic movement, both inside and outside the country, to enable this movement to discharge its responsibilities to secure the liberation of our people.
The second is, Chairperson, that on our own and without any prompting, as a movement we took exceptional measures, not common among organisations involved in guerrilla warfare, to institutionalise a system of justice, informed by the objective of the rehabilitation of traitors, rather than retribution.
Questions have also been put to us, Chairperson, about what has been called the ongoing conflict in the period from 1990 onwards.
The Commission says correctly that in our submission last year, we clearly stated that the violence was largely due to Third Force activity and the Commission says that while this may be true, indications are that members and cadres of the ANC were involved in the ongoing conflict, and it asked the question what level of responsibility should the ANC leadership take for these actions.
Unfortunately, Chairperson, the Commission did not quite explain what it meant when it said that it had indications that our members and cadres were involved in the ongoing conflict.
Further, the Commission commented that our first submission showed limited focus on the 1990 to 1994 conflict."
I would like to, again, with your permission, Chairperson, read some paragraphs from the documents you have, to deal with these particular questions.
We feel, Chairperson, that certain misconceptions which may have arisen, should be addressed. Firstly, our first submission did not show, we believe, limited focus on the period in question. A careful reading of our document will show that considerable care was taken to highlight the anatomy of state repression in the 1980's, in describing the concept of counter-mobilisation which underpinned the thinking of the security establishment, in identifying critically important covert projects, such as Marion and so on, and it is as precisely as possible indicating the key structures tasked with the work of this nature rather than producing endless examples of the tactical expression of these strategies.
The section on the post 1990 violence, should be read as a continuation of the earlier section on the 1980's. We concentrated on identifying key features of this period, such as the continual existence of the national security management system, renamed the national coordinating mechanism. The continued existence of covert fronts and projects carried over from the 1980's in some cases, and what we know of the activities of key units, such as the Directorate Covert Collection, rather than giving many examples of the thousands of acts of brutality which characterised this bloodiest period of South African history, in which around 12 000 civilians were killed.
We stated unambiguously, Chairperson, that we believed the violence was in essence a continuation of the violence of the 1980's and exhibited many of the features of the violence during that earlier period, as described above in the submission, although it is now projected as political intolerance or the work of a mysterious Third Force, which was supposedly against both the state and the ANC intent on derailing negotiations.
We want to say, Chairperson, that the ANC was not engaged in ongoing conflict. Nor were the majority of people on the ground embroiled in ongoing conflict. They were being attacked by covert units operating in accordance with the wishes of the apartheid regime and by organised armed vigilantes which had, with the assistance of the National Party's intelligence and security forces, established informal military bases in several hostels, from which to launch attacks on civilians in their homes or trains, or at bus and vigils. This was fully in line with the original objectives of Project Marion, and the determination of the De Klerk administration to maintain control over the pace and content of the negotiations process.
We would further like to say, Chairperson, dealing specifically with the matter of the SDUs.
The SDUs were established in communities under attack as a joint project between the ANC and the communities concerned.
It should also be noted, Chairperson, that the legitimacy of the SDU structures was recognised in terms of the National Peace Accord. As we stated in our first submission, some members of Umkhonto weSizwe's military headquarters, were asked to attend to issues relating to the SDUs, their organisation, training and the provision of weaponry. The draft document for the sake of our lives, clearly states that allowing units of this nature to operate, with party political buyers, would be highly dangerous and should be avoided at all times.
A full copy of this document, as requested by the TRC, is part of the documents that we have submitted. The units should have been controlled by the communities in which they operated, but many communities were entirely destabilised by low intensity violence, and organised structures at grassroots levels were almost non-existent.
It was made clear, Chairperson, that the overall control of SDUs was to remain with community structures and MK cadres were to participate as members of the community. MK command would itself not play a leading role.
Various clandestine units for the training and organisation of the various SDUs were set up and some cadres were asked to provide weaponry where possible. We do not have records of MK's role in SDUs, since they were not headquarter controlled structures.
It is in that context, Chairperson, that I was saying earlier, that the same SDUs, in areas, for instance like KwaZulu/Natal and the Gauteng Province, responded to such violence as may have come from people who had identified themselves as IFP.
Therefore it was not an ANC policy, as I was saying earlier, to treat the IFP as a military target, but in the instance that there was this conflict at that time, the SDUs, some of the SDUs acted in the way I have just indicated.
Further to this, Chairperson, we would like to recall that during 1990 we suspended armed action to contribute to the process of negotiations. At no stage after that suspension did we order the resumption of a general offensive on the part of our military cadres, despite the fact that many in fact had returned to the country and others had been released from jail.
Centrally, the response of the ANC to the ongoing conflict was the mobilisation of the people to engage in peaceful mass action against political violence, the suspension of negotiations to put pressure on the apartheid regime to deal with this violence, negotiations with the Pretoria regime, as well as the IFP, the Bophuthatswana and Ciskei administrations and the Afrikaner Volksfront, to end the violence, the negotiation, conclusion and operationalisation of the National Peace Accord and the mobilisation of the international community, including its premier multilateral organisations to intervene to help us end the deadly offensive against the people, our members and our cadres.
Our documents, Chairperson, also include our own comments on the important matter of the reparation and rehabilitation of victims.
In terms of my presentation now, we have no further comments to make on this matter at this stage. Save to say that we all have the responsibility never to demean those who fought for our liberation by suggesting that their reward for having sacrificed to achieve the emancipation of the people, can be measured by resort to pecuniary values or that now that they have served, their consequent destitution and suffering is not a matter of deep and abiding concern.
We have tried to the best of our ability, Chairperson, to provide the Commission and the country at large, with the truth that is an essential part of the process of building national unity and reconciliation.
Fighting as a liberation movement and not a state, we would not and did not have the means to maintain full records of everything that happened. A margin of error must therefore be allowed, which itself was impacted upon to some extent by the use of disinformation by our opponents as an important weapon in their counter-revolutionary arsenal.
When we made our first submission last year, we undertook to the Commission that in our second presentation, we would detail our operational activities, which derive from the historic, strategic and tactical perspectives, contained in that first submission. In this second presentation, therefore, Chairperson, we have sought to live up to that undertaking.
So as you will have seen Chairperson, this includes as complete a record as is possible of the operations that Umkhonto weSizwe carried out. It also includes, as we indicated earlier, a report of our department of Intelligence and Security, particularly with regard to the discharge of its functions as to detect police, enemy agents, to interrogate them and subsequently if found guilty, to guard them where they were detained.
We deal with both of these matters, we believe, Chairperson, in detail to address what the Truth Commission had sought to achieve, not only broad presentations but the detail presentations of what happened, some of which undoubtedly would be considered gross violation of human rights.
As I indicated at the beginning, Chairperson, there is further information surrounding these operations which we have given to the Truth Commission, which contains further detail, including names of people who died, and in what circumstances they died and so on.
The Amnesty Committee, Chairperson, will also hear further detailed information from our leaders and cadres, as our further contribution to the provision of the truth, which the Commission seeks.
As a movement, Chairperson, we are deeply concerned to help achieve the objectives of national unity and reconciliation for which this Commission was established. We believe that whatever may have happened and will happen during the proceedings of the Commission, the focus must remain on the achievement of the goals fundamental to the future of our country and all its people, of national unity and reconciliation. We will therefore beg your indulgence, Chairperson, to submit a further document to yourselves at a later date, reflecting our views on the matter which we believe is of critical importance, of the importance of the Commission to the promotion of national unity and reconciliation."
The panel of representatives sitting in front of you Chairperson, of the leadership of the ANC, is ready to respond honestly to such further questions as the Commission may put.