TRC Final Report

Volume 2

Chapter 4

Subsection 15

133 In its second submission, the ANC said that it conducted “exhaustive investigations” and tried the accused by military tribunal. The tribunal reported its findings to HQ, “where a final decision would be made”.

134 At the ‘recall hearing’ of political parties, ANC leaders were questioned about the constitution of military tribunals, how evidence was weighed, and whether the accused had legal representation. It is apparent from the testimony of Mr Thabo Mbeki that the tribunals constituted from 1982 were ad hoc tribunals, which consisted of at least two members of the Revolutionary Council and others from the Working Committee. The prima facie evidence with which the accused was confronted would have been gathered primarily by NAT, but would draw also from information from military and political structures inside South Africa.

135 Referring to the Skweyiya Commission report, in which Mr Piliso (the head of NAT) admitted to having ordered the beating of suspected agents in 1981 in order to obtain information “at any cost”, this commissin questioned whether confessions obtained in this way could be trusted as evidence. The ANC explained that not only confessions, but also material evidence was used in the investigation process. In respect of legal representations at the ad hoc tribunals, Mr Mac Maharaj responded: “I don’t think that the ’82 tribunal had a legal representative to defend those who were brought to book”. The procedure was that the accused were presented with their confessions and other evidence against them and given an opportunity to explain. Mac Maharaj conceded that in 1982:

… we made no provision for legal defence of the accused ... I don’t believe that we had yet reached the point where tribunals as a mechanism, where the mechanisms of the rights of the accused were gone into detail as we did by 1984.

136 The ANC NEC took the final decision approving the execution of Seremane (Mahamba) and three others. The ANC said that there were other cases of executions of agents where the same procedure was followed.

137 Because of the contentious nature of this issue and the high levels of publicity it had received, the Commission made further attempts to clarify the circumstances surrounding the death of Timothy Seremane (Mahamba) as well as other events in Quatro camp by holding two section 29 hearings where General Andrew Masondo, Mr Gabriel Mthembu and Mr Sam Mnisi answered questions by the Commission.

138 In response to the allegation that Mr Gordon Moshoeu had seen Seremane when he had been “beaten beyond recognition” before being executed, Mr Gabriel Mthembu said “it was not easy, he did not readily confess and I think in the process of investigation of trying to get him to admit the truth, he was beaten.” When Mthembu was asked whether he had participated in assaulting Seremane, he responded: “I could have klapped him, I don't want to dispute that.” He said that “Masondo was involved the day when Mahamba got detained, he was invited to come to Camp 32”. He (Mthembu), disarmed him [Seremane] … and then immediately thereafter as a prisoner he was then invited in front of the commissar … as interrogations were conducted with him he ended up confessing that he was in fact at one stage recruited and given training and sent outside …

139 Mr Sam Mnisi testified as follows:

I did take part in his interrogation. But let me say that at that time the leadership was around. One wouldn't like to do such a thing in the presence of the leadership because they never gave us the mandate to do those exercises. So we wouldn't have done torture or whatever in the presence of the leadership and by the time the leadership left, I left with them, going to Luanda … So at that time the leadership was there, so, we wouldn't have done such a thing in their presence.

THE COMMISSION FINDS THAT TIMOTHY SEREMANE WAS TORTURED AFTER THE ANC UNCOVERED A ‘SPY NETWORK’ IN 1981. THIS RESULTED IN A NUMBER OF ALLEGATIONS OF ASSAULT AND TORTURE COMMON AT QUATRO (CAMP 32). THE COMMISSION IS UNABLE TO MAKE A FINDING REGARDING THE ALLEGATION THAT SEREMANE WAS AN AGENT OF SOUTH AFRICAN SECURITY FORCES. HOWEVER, THE COMMISSION ACKNOWLEDGES THE DIFFICULT CONTEXT IN WHICH THE ANC OPERATED AT THAT TIME, PARTICULARLY IN THE FACE OF INFILTRATION BY THE SOUTH AFRICAN SECURITY FORCES.

THE COMMISSION FINDS THE FOLLOWING PEOPLE RESPONSIBLE FOR THE TORTURE OF SEREMANE AND NOTES THAT THERE MAY BE OTHERS WHO COULD NOT BE IDENTIFIED:

• MR LULAMILE DANTILE (MORRIS SEABELO), REGIONAL CHIEF OF SECURITY (DECEASED)
• MR JOSEPH VOOKI, REGIONAL CHIEF OF PERSONNEL (DECEASED)
• CAPTAIN LENTSOE, DEPUTY REGIONAL HEAD
• MR SAM MNISI (GEORGE ZULU), RECORDING OFFICER AND CHIEF OF STAFF
• MR GABRIEL MTHEMBU (SIZWE MKHONTO), CAMP COMMANDER.