Human Rights Violation Hearings — Heiderveld — 1996-04-24

ADV POTGIETER: May I just for the record and finally just ask you or refer you just to one or two aspects of those findings. Can you refer to page 110, I don't want you to deal with everything that we have highlighted in fact I just want you to deal with one or two. Can you turn to page 110.

MR LUBOWSKI: 110?

ADV POTGIETER: That - that's right.

MR LUBOWSKI: Yes.

ADV POTGIETER: Just that - that very last paragraph on that - on that page.

MR LUBOWSKI: Ja.

ADV POTGIETER: Could you read that into the record please.

MR LUBOWSKI: It is clear from this affidavit that Acheson was recruited by an organisation which is known as the CCB to kill SWAPO leaders. Acheson was asked if he was prepared to kill and he agreed. He received an AK47 obviously for that purpose.

ADV POTGIETER: I'll ask you to stop there, I just wanted that section and then on page 125 of the inquest findings, can you turn to that please.

MR LUBOWSKI: Yes.

ADV POTGIETER: Have you got that in front of you?

MR LUBOWSKI: Acheson himself had no personal reason to kill Lubowski, The acknowledged policy of the CCB was to destabilise Namibia and to disrupt the elections in Namibia and even to assassinate leading figures. The evidence which I have analysed shows a prima facie involvement on the part of this organisation, the CCB to participate in and in fact to initiate the murder of Lubowski.

ADV POTGIETER: Thank you and then just finally, perhaps you can just read the actual finding on page 142[d].

MR LUBOWSKI: Yes.

ADV POTGIETER: You can just read [1)] and [2] on page 142, could you read that into the record.

MR LUBOWSKI: The cause - is it the cause of - probable cause of death?

ADV POTGIETER: You might as well read that, it's fine.

MR LUBOWSKI: Oh! you wanted the last part.

ADV POTGIETER: Well that's actually what I was referring too.

MR LUBOWSKI: Okay the [d]

ADV POTGIETER: Yes.

MR LUBOWSKI: Whether the death of brought about by any act or omission prima facie involving or amounting to an offence on the part of any person.
[i]  prima facie Donald Acheson shot and murdered the
deceased.
[ii] prima facie the Civil Co-operation Bureau CCB 
initiated and is involved in the said murder and in 
addition to acts of the following members of the CCB 
prima facie amount to the acts of the accomplices to 
kill said Lubowski
Ferdinand Barnard
Leon Andre Marais
Daniel Ferdinand du Toit, known as Staal  Burger
Wouter Jacobus Basson
Johan Niemoller
Karel - Calla Botha
Pieter Johan Verster
Abraham van Zyl.

ADV POTGIETER: Thank you very much, is there anything else you want to add to your evidence?

MR LUBOWSKI: I wish - would you allow my daughter to say a few words, she'll do it my part, I am not capable, would that be all right.

ADV POTGIETER: It will certainly be in order Dr Boraine will have to swear here in.

MR LUBOWSKI: You could swear her in.

ANNALIZE LUBOWSKI: Duly sworn states

DR BORAINE: We welcome you of course as we did earlier. Thank you very much, will you be seated please.

MS LUBOWSKI: I also - thanks - I also on behalf of my parents and the whole family would like to thank the Commission for giving us the opportunity. I know that this is quite a well-known and well broadcasted case. But even so we still, haven't had any justice being done. We've tried every single avenue that is possible, and we've had not luck and nobody has really taken the time to explain to my parents why nothing has been done.
 We get excuses like the murder was committed outside the borders of the country, which is very difficult to understand because that was before independence and it was planned here. So and even if the Commission can you just see to it that the world will know about the atrocities committed in the country and how widely people were actually influenced by it.
 My parents, Anton's children, even my children I still struggle to get back their faith in the justice system. And I still have to explain every time they see a policeman on the TV that not all of them are bad. It's influenced our lives tremendously, it's not only taking away my brother which was my mentor, but it's changed my parents for ever and I think that is the main thing, that your personal life is completely affected by it.
 And if the Commission can try their best just to have justice - see that justice can be done. That at least the last few years that my parents have left, that they can still have faith in - and know that their son had fought for justice, also receive some, thank you.

ADV POTGIETER: Thank you very much Ms Lubowski.

DR BORAINE: Thank you Denzil, any questions, Mr Ntsebeza.

ADV NTSEBEZA: Now I don't know whether Ms Lubowski you are in a position to reply to questions. I will make them as very few as possible. But I need to ask a question within similar circumstances I asked of persons in the East London hearings, namely if the people who are alleged as perpetrators in this matter, were to approach the Commission and apply for amnesty, and assuming that, that was possible in spite of the fact that the murder was committed elsewhere than in South Africa.
 But if a South African citizens they were to apply for amnesty, and assuming all other end of Tape 15, side A ... ... that they have made a full disclose and they meet all the requirements for the [indistinct] of amnesty what would your attitude be in that eventualisation??, and please answer as honestly as you [intervention]

MS LUBOWSKI: Ahh! I will - I never lie, that's for sure, I don't waste my time with lies. I discussed this many a times including Justice [indistinct] - somebody shot me. Justice Minister Dullah Omar, I asked him the same question, and the other day on the radio I heard that all those people who are mentioned here, will never apply for amnesty.
 So I asked Justice Minister Dullah Omar will you give people amnesty who were charged with murder, he told me straight off never.

ADV NTSEBEZA: Well that may be so from the point of view of Justice Minister Omar.

MS LUBOWSKI: Yes, well I've got to trust him surely.

ADV NTSEBEZA: Oh! well thank you, Do I agree with you?

MS LUBOWSKI: I can tell you anybody who - who did murder anybody is not entitle to amnesty. You should be honest enough to know if he wants to be honest with himself, he must stand up and be counted, that's my opinion.

ADV NTSEBEZA: Well I believe you when you say, you don't give - you don't waste time with your - with lies, that is a very honest reply. May I just ask a few more questions.
 Have you in spite of the way that your son died, and every had a sense that he was none the less a hero of the Namibian struggle who - who laid down his life for the betterment of the people of that land.

MS LUBOWSKI: What was the question of that.

ADV NTSEBEZA: Have you ever had that sense that even though your son died not of his own volition.

MS LUBOWSKI: Yes.

ADV NTSEBEZA: That he none the less, was a hero of the Namibian struggle.

MS LUBOWSKI: Oh! yes.

ADV NTSEBEZA: And that, that sort of seems to have compensate for all the pain that you have gone through.

MS LUBOWSKI: Well I can only tell you that Anton was not a man who would look for publicity. But he would - he'd give his all for the cause he believed in and in that sense he definitely was a hero. A hero for Namibia, not so much for the white people, but very much for all the others.

ADV NTSEBEZA: Now when the 12th of September comes each year, what do you do as a family in commemoration?

MS LUBOWSKI: We sent a big bouquet of roses up to Windhoek to be put on his grave, and we sit around remineacy??.

ADV NTSEBEZA: Do you think of him.

MS LUBOWSKI: Ag every evening we light a candle, this has gone on for six years now - seven years almost in memory of Anton in front of his picture.