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

ADV NTSEBEZA: But don't you feel that there is [indistinct] that one of those were actually saying that your son was a South African Defence Force spy, is today on trial.

MS LUBOWSKI: Magnus Malan.

ADV NTSEBEZA: Yes.

MS LUBOWSKI: Yes and I was hoping [intervention]

ADV NTSEBEZA: I have not convicted him, the Court has not convicted him.

MS LUBOWSKI: I know, I know.

ADV NTSEBEZA: But isn't it [indistinct] justice that he is ignited today on charges of murder.

MS LUBOWSKI: Yes, that's right.

ADV NTSEBEZA: Takes courage Ms Lubowski.

MS LUBOWSKI: Thank you.

ADV NTSEBEZA: Justice will still prevail in this country.

MS LUBOWSKI: I know it's just so ironical that Anton fought for justice his whole life and now there is no justice for him, I cannot understand that. But I am sure, I trust in God, and God will help me.

ADV NTSEBEZA: Thank you madam.

DR BORAINE: Any further questions, thank you so much.

ADV POTGIETER: [indistinct] to present his evidence, Mr Lubowski. Perhaps just by way of introduction it's correct that you are the father of Anton, late Anton..

MR LUBOWSKI: That's correct. Mr Chairman and Committee members may I kindly draw your attention to the fact that I am not English speaking and consequently please bear with me. I have to read off most of my story.

ADV POTGIETER: Unfortunately we can't understand German Mr Lubowski.

MR LUBOWSKI: I wish you would.

ADV POTGIETER: It goes both ways.

MR LUBOWSKI: I am the undersigned Wilfried Franz Lubowski and I hereby declare that I am an adult male of Tamboerskloof, Cape Town, Western Cape Province.
The facts deposed to herein are true and correct. I am the father of the late Anton Theodor Eberhard August Lubowski. Anton was shot and killed at approximately 2030 on the 12th September and he was about to enter his home at 7 Sanderburg Street, Windhoek, Namibia.
There is no doubt that the death of Anton resulted from a politically motivated assassination.
Anton was an advocate of the Supreme Court and he practised as such both within the then South West Africa as well as the Republic in Government South Africa. He was also a high profiled and very well-know member of the South West African Peoples Organisation known as SWAPO.
Anton established himself as a fighter in the Namibian Liberation Struggle and at great personal sacrifice fought fearlessly for that cause. As and advocate he was involved in a large number of so-called terrorist cases, he however, also took a leading part in the political struggle.
He addressed meetings and marched with demonstrators. He represented SWAPO in 1984 at the Peace Summit in Lusaka and announced his membership of SWAPO encouraging other white people to follow his example. He was soon detained by the Security Police and in all detained six times including a time in solitary confinement in 1987 until he was released after the application was brought to the Supreme Court in South West Africa.
It is a fact that for many years Anton had been harassed by the authorities of the day in Namibia. The assassination of Anton took place during the transitional period in Namibia that is Resolution 435 of the United Nations was being implemented there.
The United Nations Transitional Assistance Team known as UNTAG, was from the 1st of April 1989 actively deployed inside the country occupying military bases and monitoring certain police activity.
An election which would be free and fair was to be held in the terms of Resolution 435. This election was scheduled for November 1989, a few months after the assassination of Anton. The day after the assassination...
Excuse me may I have a glass of water?

ADV POTGIETER: It's fine Mr Lubowski, take your time.

MR LUBOWSKI: The day after the assassination of Anton, namely the 13th of September 1989, an Irish nation one Donald Acheson was arrested in regard to murder. Acheson was a hardened soldier who served in the Rhodesian Army and possibly also in the South African Defence Force. Acheson appeared in the High Court of Namibia charged with murder on the 18th of April 1990.
The Prosecutor-General advocate Hans Heyman, however, applied for a postponement of the case and for Acheson to be remanded in custody. The postponement was sought on the basis that the Prosecutor-General wanted to join two co-accused in the case who were both South African citizens but that were various difficulties in securing their attendance at the trial in Windhoek.
The Court granted postponement of the matter until the 7th of May 1990 in order to enable Prosecutor to produce evidence of the diplomatic initiatives which were taken to procure the attendance in Court of the said two persons. The prosecution could not produce any such evidence on the postponement date - postponed date and the charge of murder was consequently withdrawn against Acheson.
It is, however, rumoured that the police were involved in the murder. These rumours persisted until a local newspaper The Namibian published an article on the 17th of May 1993 which contained allegations by a former Namibian policeman one Willem Rooinasie, concerning police involvement in the assassination.
This resulted in a renewed investigation by the Namibian police and an eventual inquest into the death of Anton which was conducted in the High Court of Namibia by Mr Justice Harold Levy.
The inquest ran during the period April to June 1994. The Court eventually made it's findings on the 23rd of June 1994. As more fully appears from various extracts from the inquest findings of Mr Justice Levy, Anton's death was attributed to being shot seven times on various parts of his body with an AK47 rifle and a final shot through the head with a different calibre firearm.
In other words they wanted to make quite sure. The Court found that Acheson had executed the assassination on the instructions of the Division of the South African Defence Force known as the Civil Co-operation Bureau, also known as CCB.
The inquest findings also rejected the allegation, which was made by the then South African Minister of Defence ex General Magnus Malan, in the South African Parliament on the 26th of February 1990, and repeated in evidence by one of the witnesses at the inquest, Willem Rooinasie, namely that Anton was an agent of the South African Defence Force.
It is clear that the investigation into the assassination of Anton was plaques by misinformation, obfuscation, subterfuge and lies in order to conceal the fact that the assassination was planned and executed under direct orders from the CCB.
Even the conduct of the prosecuting authorities of Namibia was clearly irregular and was severely criticised by Mr Justice Levy insofar as the prosecution of Acheson was concerned.
Extracts from the inquest findings are annexed to this affidavit, I got them here in front of me, clearly setting out the background to the assassination and the manner in which it was eventually handled by both the Namibian police and the prosecuting authority.
The assassination and subsequent defamatory allegations made against Anton has been a tremendous blow to our whole family but particularly the family of Anton and his good name and memory.
I require from the Truth and Reconciliation Commission to fully investigate the assassination in order to finally expose those responsible and to restore the good name and memory of Anton.
It would also be appreciated if the Commission could consider the possibility of assistance for the family of Anton who has lost a breadwinner, husband and father.

ADV POTGIETER: Thank you very much. You - you are in possession of the actual record of inquest findings of Mr Justice Harold Levy.

MR LUBOWSKI: Yes I took it.

ADV POTGIETER: And you would wish to have that handed in as an Exhibit to assist the Commission in dealing with this matter, is that correct?

MR LUBOWSKI: Correct yes.