Special Hearings — Caprivi Hearings — 1997-08-11

CHAIRPERSON: We would obviously like to have a submission in writing, but we can't be peremptory in that regard.  If counsel wishes to make a written - an oral submission, then so be it, but I think it may be better, just judging by the views expressed here if we leave this matter over until Thursday, and we'll start on Thursday and finish off tomorrow morning very briefly with the cross-examination, if any, of Mr Zweli Dlamini, and possibly of this witness, because we're running late now.  Mr Macadam, do you think you can deal with Superintendent Marion in 20 minutes?

MR MACADAM: Yes, I'm sure we'll finish him.

CHAIRPERSON: Okay, we will proceed then on Thursday morning with submissions and we will, if necessary, go on until Friday afternoon, when this hall is booked until and tomorrow and Wednesday will be given for preparation.  We will proceed now with the evidence of Superintendent Marion.  I am sorry, I apologise.  I think earlier on I called you Inspector.  You are a Superintendent in the SAP.  Is that right?

UNKNOWN: That's correct.
/CHRISTOPHER REGINALD
4A

UNKNOWN: (Sworn, states)

MR MACADAM: Is it correct that you are currently a Superintendent in the South African Police Services?

WITNESS:  That's correct, Mr Chairman.

MR MACADAM: Now, is it further correct that in the mid-eighties, in response to the violence that erupted in KwaZulu/Natal between at that stage members of Inkatha and the United Democratic Front, the South African Police established what they termed, "Special units" to investigate the violence with the aim of making arrests and bringing perpetrators to justice?

WITNESS:   That's correct.  We had established the unit called the riot investigation unit in 1986 - in the latter part of 1986.

MR MACADAM: And were you a member of that unit?

WITNESS:   Yes, I joined them on the 27th October 1987.

MR MACADAM: And did you remain with that unit until such time as you were then transferred or seconded to the Goldstone Commission, when it commenced investigations in the KwaZulu/Natal area in the early 1990s?

WITNESS:   Mr Chairman, I remained with that unit until February 1991, but I did not go to the Goldstone Commission.  I went into normal - the police mainstream.  That's from 1991 to 1994.

MR MACADAM: And is it correct then at that stage you then became a member of the investigation task unit?

WITNESS:   That's correct.  This latter unit was involved in the investigation, inter alia, of the Caprivi trainees, hit squad activity in the Esikhaweni district, amongst other mandates?   ---   That's correct.

MR MACADAM: Now, going back to the mid-eighties and, in particular 1987, at that stage was your unit involved with

MR MACADAM: /the investigation

MR MACADAM: 4A the investigation of political violence in the Pietermaritzburg and Hammarsdale areas of KwaZulu/Natal?

WITNESS:   That's correct, Mr Chairman.

MR MACADAM: And we've heard evidence from the witnesses Dlamini and Luthuli that they, in 1987, took part in the political violence at that time.  Did they ever at that stage come to the attention of yourself and your unit as suspects?

WITNESS:   Mr Chairman, during 1987, 1988, it was during that period some time, I remember Daluxolo Luthuli was arrested on a charge of murder and attempted murder, as well as possession of a firearm in the Hammarsdale, Inchanga area.  He appeared in court and very briefly thereafter was released on bail.  He never again appeared in court after this date.  You know that docket has since gone missing and investigations by myself at that stage and subsequent investigation by the investigation task unit we still cannot find the docket.  There is a reference to the case in registers at the Mpumalanga Police Station which was registered during that period.  At the time of the investigations, investigators and myself went personally around KwaZulu/Natal, trying to look for Luthuli.  We had gone to numerous places, including Ulundi.  We - well, I spoke to Captain Langeni at that stage, who was the commander or unit commander of the protection services of the KwaZulu Legislative Assembly.  You know, at times he'd deny knowing him and at times he'd deny that he knows where he is.  That was about it and we could not really get anywhere with that investigation.  During December ... (intervention)

MR WILLS: Sorry, Mr Chairperson, I just didn't the name of that Captain.

WITNESS:   Langeni.  L.a.n.g.e.n.i.  During

MR WILLS: /December 1987,

MR WILLS: 4A December 1987, David Zweli Dlamini was wanted on attempted murder charges in Pietermaritzburg and Plessislaer.  At Plessislaer he was wanted to case No 300/12/87 and in Hammarsdale he was wanted on case No 84/12/87.  During this incident at Plessislaer - it was ... (inaudible) ... area - he was shot and hospitalised in the Edendale Hospital.  He was arrested and remanded in absentia while he recovered in hospital.  He was later released on bail and disappeared.  He did not again appear in court.  Well, as I said, he absconded.  A warrant for his arrest was authorised.  During the investigation it was established that Zweli Dlamini was a policeman in the KwaZulu Police.  The term, "Policeman" I put in inverted commas, because he was found in possession of a police appointment certificate which was signed by the then Brigadier Mathe.  Intensive investigations by myself and other investigations with the KwaZulu Police, Captain Langeni and other KwaZulu Police Officers proved fruitless and they denied knowledge of the whereabouts of Zweli Dlamini.  At times again they would acknowledge that he was a member of the KZP and at time they would say there was no record of him being a members.  For years the KZP knew where he was but no assistance from them was forthcoming.  Subsequent to this, Mr Chairman, we had, in fact, established that a series of appointment certificates were issued to Caprivians by Brigadier Mathe.  He had a special register where he registered these appointment certificates, which was a thing of his own.  It wasn't an official register.  They weren't on the pay list of the KwaZulu Government or the KwaZulu Police.  It was just a list of his own, which he issued to the Caprivians to sort

MR WILLS: /of have carte