9 December 2021
The announcement this week by the National Prosecuting Authority that it has brought in 25 prosecutors to investigate over 60 cases referred to prosecution by the Truth and Reconciliation Commission is an important step, albeit belated, that South Africans should welcome. However, to ensure that justice prevails, it is important to investigate all cases, where there was no closure, of apartheid atrocities as a crime against humanity. This could help bring about closure for the affected families. Many families do not know what happened to their loved ones. The apartheid regime murdered others and caused the disappearance of many.
In cases such as that of the disappearance or killing of Ahmed Timol, Nokuthula Simelane, the COSAS Four— Eustice Madikela, Ntshingo Mataboge, Fanyana Nhlapo, and the Cradock Four— Matthew Goniwe, Fort Calata, Sparrow Mkhonto and Sicelo Mhlauli, their families had to take their own initiative at a great cost. The state should provide support to these and many other families, inclusive of those who have already taken their initiative, that were affected by the disappearance or killing of their loved ones by the apartheid regime or its networks. The history of our struggle for liberation, democracy and social emancipation will not be complete without unearthing the entire truth and holding apartheid forces and their networks to account.
In cases such as that of the assassination of Chris Hani, there has also been no closure because the assassins failed to make full disclosure of the truth. Justice and closure for the Hani family, the SACP, the working-class, its allies and democratic people who waged the struggle for democracy and peace in South Africa is yet to be realised. Which is one reason the SACP has been strongly opposed to parole for the convicted assassin, Janusz Walus, who is pretending to be a changed man. His pretention has nothing to do with showing remorse but everything to do with attracting parole. The SACP and the Hani family are opposing the unremorseful and unrepentant assassin’s application for parole to the Constitutional Court. The case will be heard by the Constitutional Court in February 2022.
Regarding the Truth and Reconciliation Commission Report, Walus and his co-conspirator, Clive Derby-Lewis, were found to have failed to make full disclosure of the truth, which is why they failed to attract amnesty. For instance, the assassins did not make full disclosure of the truth regarding the purpose of the list of names and addresses that were found in Walus’ apartment after he was arrested for assassinating Hani. Hani’s name and address appeared on the list. They did not make full disclosure of the truth regarding the purpose for which they prioritised the names on the list, the purpose for which they obtained the Z88 pistol and for which it was fitted with a silencer. They did not make full disclosure of the truth regarding whether or not Walus, in assassinating Hani, was acting on orders or instructions from Derby-Lewis. By the way, the murder weapon that he used was taken from military armoury. There are just so many facts that had not been disclosed regarding the assassination of Chris Hani.
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