TRC Final Report

Volume 1

Chapter 8

Subsection 6

■ ENQUIRIES INTO THE DESTRUCTION OF RECORDS BY THE SECURITY ESTABLISHMENT

46 In order to enquire into the destruction of records, the Commission appointed a series of joint investigative teams to conduct probes into the various structures. In order to ensure optimum professionalism and impartiality, the Commission proposed in each case that, in addition to its own staff, personnel from the Human Rights Commission, the National Archives and representatives of the body under consideration should form part of the investigative team. This arrangement was agreed to in all cases by all parties.¹⁷ The scope and duration of the investigations varied according to specific circumstances, but each probe included on-site inspections of records and records management facilities. Throughout this complex process, the Commission received outstanding support and assistance from the National Archives.

Security Branch of the South African Police

47 The joint investigative team enquiring into the SAP decided to focus its investigation on two categories of Security Branch records. The first category consisted of operational files, especially those documenting the surveillance of individuals and organisations, Security Branch investigations, and the detention of individuals; the second consisted of records confiscated from individuals and organisations. In addition, the investigation focused on Security Branch operations in six areas: Pretoria/national, Johannesburg, Pietersburg, Port Elizabeth/Cradock, Durban and Cape Town. The SAPS supplied twelve investigators (two for each area) to conduct on-site investigations on behalf of the team. These were appointed after consultation and a selection process that involved the joint team. Subsequently, all areas in which the Security Branch had operations were drawn into the ambit of the investigation on the written instructions of the National Commissioner of the SAPS. Established in March 1997, the team completed its work in November 1997¹⁸. Subsequently, a smaller joint team made up of Commission and Safety and Security Secretariat members conducted an exhaustive examination of the records located during the investigation. This was finalised in February 1998.

48 Throughout the period covered by the mandate of the Commission, SAS had been of the view that all Security Branch records were fully subject to the Archives Act. With the approval of the Director of Archives, the Security Branch managed their records in terms of records classification systems approved by the director for use throughout the SAP, but in physically separate record sets classified as secret or confidential. Standing SAP instructions indicated that no secret or confidential records could be destroyed without written authorisation from the Director of Archives. In the period 1960 – 1994, no such authorisations were given.

49 It emerged, however that, throughout this period, Security Branch records were routinely destroyed in accordance with internal arrangements for retention or disposal. In the main, this seems to have applied to support functions rather than operational records. Huge volumes of operational records were generated at head office, regional and local levels. To cope more effectively with them, a microfilming project was initiated in the 1970s. Originals of microfilmed records were apparently destroyed, but not on a systematic basis. From 1983, a computerised database of operational records was implemented. Again, it appears as if certain original documents were destroyed after the core data had been captured on the database.

50 In March 1992, an instruction emanating from head office ordered the destruction of all operational records, including records confiscated from individuals and organisations. The Commission was unable to determine either the precise source of this instruction or its exact content. The evidence suggests that a verbal instruction was received at both regional and local levels, following receipt by the SAP from the NIS of the December 1991 state legal opinions exempting ‘state sensitive’ records from the operation of the Archives Act. The instruction embraced paper-based originals, microfilms and the computerised database, and required the destruction not only of records but also of all documentation relating to the records.

51 The investigation revealed that, in the months following the issuing of the instruction, massive and systematic destruction of records took place. In some cases, records were removed to head office for destruction. In other cases, destruction took place on-site. In other instances, the facilities of private companies like Nampak and Sappi were utilised.

52 It would appear that Security Branch offices implemented the instruction to destroy records to the letter. In fact, some offices destroyed most, if not all, support function as well as operational records. But there were exceptions. Certain operational records were not destroyed in the Ficksburg, Kimberley, Pietermaritzburg, Pietersburg, Port Elizabeth, Potchefstroom, Rooigrond, Thaba Nchu, Thoyandou, Tzaneen and Welkom offices. The Ministry of Safety and Security secured these to the satisfaction of the joint investigative team. Several thousand files also survived in the SAPS head office, although most of them post-date 1990. Eleven back-up tapes of the head office computerised database were located. With the assistance of the SAPS Data Technological Services, the readability of seven of these tapes was confirmed and the tapes immediately secured. Contrary to the March 1992 instruction, the Port Elizabeth, Empangeni and Cape Town offices also kept lists of files forwarded to head office for destruction in terms of the instruction. These lists were also secured.

53 Security Branch records located by the investigation fell into three categories:

a General files, all post-dating 1990

b Computer data tapes containing data on anti-apartheid organisations. It appears that these data were captured in the 1980s

c Individual case records in eight sub-categories: contraventions of emergency regulations; dockets; detainees under security legislation; surveillance of individuals (both anti-apartheid and right wing); surveillance of right wing organisations; security incidents (post-dating 1990); applications for indemnity; and returning exiles.

54 Inventories of these records were made available. The Commission scrutinised the records and obtained copies of such documentation as was relevant to ongoing research and investigation. To facilitate this process, a significant number of files were transferred to the SAPS offices in Port Elizabeth at the request of the Commission’s researchers.