11-12-30: SCA 815-11: Malema v. Afriforum: Heads of Argument

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138.

The Generals also allege refer to the TRC‘s lack of enquiry into among others the: The Stuart

Commission's

Report228;

Motsuenyane Commission

230

The

Douglas

Commission's

Report229;

The

231

; The Skweyiya Commission ; Amnesty International

232

Report ; Mbokodo: Inside the MK: A soldiers Story, by Mwezi Twala233; the book: Marching to Slavery: SA's Descent into Communism; and The Denton Hearings, by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary234. They also filed a further submission to the TRC: Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF235. 139.

They document the spiral of violence of the Black Liberation Theology ‗People‘s War‘ of Collateral Damage violence, and enquire why the TRC are avoiding making any serious enquiry into these issues. They also allege that ―very little determination or desire in the TRC was observed with regard to atrocities by the ANC against their own comrades, despite the following investigations, reports and books‖, and proceed to list all the evidentiary documentation related to the ANC‘s Mbokodo atrocities at Camp Quatro. Finally the Generals Call for a Politically Negotiated Social Contract: We are not so much in a transitionary stage from war to peace as we are in transition from an old political era to a new political dispensation. The real problem to be solved is not so much to make peace between military enemies, as to make peace between quarreling political opponents. More than a tit for tat comparison between good/bad deeds by opposing armed forces, the situation calls for a politically negotiated social contract. This

228

Stuart Comm. Report: of Inquiry into Recent Developments in People‟s Rep. of Angola, 14-03-1984: ―Despite the report of the Stuart Comm. by Hermanus Loots (aka James Stuart) after being appointed by the ANC's NEC to inquire into the Pongo mutiny among ANC combatants : "Some of those punished have been maimed for the life and there have been deaths... The aim of the punishment seems to be to destroy, demoralise and humiliate comrades and not correct and build." He listed gruesome punishments and the "shocking corruption of fear" in the camps, listed the names of people who died as a result of these punishments and noted that others had committed suicide or had deserted. It added that the ANC/SACP security department had done things that would "shock our people against the movement". Although presented to Oliver Tambo, Alfred Nzo and others, the Stuart Comm. Report sank without trace. This was apparently not the stuff the politicians behind fighters wanted the world to know about.‖ 229 ―The Douglas Commission's Report. Based on the evidence from some 100 witnesses and depositions from some 60, including some 40 survivors of ANC camps in Angola, Uganda, Mozambique, Tanzania and Zambia, it found that the cruelties amounted to a "litany of unbridled and sustained horror". This Durban based State's council mentioned various prominent SACP/ANC leaders as being directly or indirectly responsible for serious human rights abuses.‖ 230 ANC - Commission of Enquiry into Certain Allegations of Cruelty and Human Rights Abuse Against ANC Prisoners and Detainees by ANC Members (Motsuenyane Commission) - August 20, 1993: ―This Commission, the ANC's own, recommended that those responsible for the atrocities should be identified and banned from holding high positions of authority.‖ 231 Skweyiya Comm Report, Report of the Commission of Enquiry into Complaints by Former African National Congress Prisoners and Detainees, 1992 232 South Africa: Torture, ill-treatment and executions in African National Congress Camps, Amnesty International, 2 Dec 1992, AI AFR 53/27/92 233 See also: (i) What Happened in the ANC Camps?, Focus: ANC Camps, WIP, No. 82, Page 14-18; June 1992.; (ii) Women in the ANC and SWAPO: sexual abuse of young women in the ANC camps, by Olefile Samuel Mngqibisa, October 1993, Searchlight South Africa, No 11, Pages 11-16 (ISSN 09543384); (iii) A Miscarriage of Democracy: The ANC Security Department in the 1984 Mutiny in Umkhonto We Sizwe, Bandile Ketelo, Amos Maxongo, Zamxolo Tshona, Ronnie Massango and Luvo Mbengo; Searchlight South Africa, Vol. 2. No.1, July 1990, Pages: 35-41.; (iv) An Open Letter to Nelson Mandela from Ex-ANC Detainees, Searchlight South Africa Number 5 July 1990 , pages 66 to 68; (v) The ANC Conference: From Kabwe to Johannesburg, Letter to the Editors, Searchlight South Africa, Vol 2, No.2 January 1991; (vi) A Death in South Africa: The Killing of Sipho Phungulwa, by Paul Trwhela, The Killing Fields of South Africa, Searchlight South Africa, Vol 2, No 2, 6 January 1991; Pg 11 – 25; ISSN 0954-3384; (vii) The Case of Samuel Mngzibisa (Elty Mhlekazi); Resignation from ANC, 07/02/1991; (viii) Inside Quadro: End of an Era, by Paul Trewhela, Searchlight South Africa, No. 5 in July 1990.; (ix) The ANC Prison Camps: An Audit of Three Years, 1990 – 1993, by Paul Trewhela, Searchlight South Africa; (x) The Dilemma of Albie Sachs: ANC Constitutionalism and the Death of Thami Zulu, by Paul Trewhela, Searchlight South Africa 234 (i) The Denton Hearings. This report by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary, U.S. Senate, states in the Letter of Transmittal : "I feel that a review and analysis of the material which has been compiled will be of substantial assistance to those who desire to have a fuller understanding of the part that the Soviet Union and its proxy states play in international terrorism and national liberation movements such as SWAPO and the ANC".‖; (ii) The Aida Parker Newsletter: Issue No. 200: October 1996: ―Prisoners dealt with the 1982 hearings scheduled in Washington by one-time Republican Senator Jeremiah Denton of Alabama. Testimony heard before the Denton Committee on security and terrorism in SA disclosed the existence of a strategy to seize power by force and terror. The first tactic, of course, was to kill Black South Africans who disagreed with the ANC strategy of revolution.‖ 235 Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF , by SA Defence Force Contact Bureau

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