Identifier
Created
Classification
Origin
07PRETORIA2906
2007-08-17 14:50:00
CONFIDENTIAL
Embassy Pretoria
Cable title:
APARTHEID-ERA PROSECUTION REOPENS WOUNDS
how-toVZCZCXRO3260 RR RUEHDU RUEHMR RUEHRN DE RUEHSA #2906/01 2291450 ZNY CCCCC ZZH R 171450Z AUG 07 FM AMEMBASSY PRETORIA TO RUEHC/SECSTATE WASHDC 1271 INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE RUEHTN/AMCONSUL CAPE TOWN 4706 RUEHDU/AMCONSUL DURBAN 9071 RHEHNSC/NSC WASHDC RUEAIIA/CIA WASHINGTON DC RHEFDIA/DIA WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 03 PRETORIA 002906
SIPDIS
SIPDIS
E.O. 12958: DECL: 08/17/2017
TAGS: PGOV KJUS KHUM SF
SUBJECT: APARTHEID-ERA PROSECUTION REOPENS WOUNDS
PRETORIA 00002906 001.2 OF 003
Classified By: Deputy Chief of Mission Donald Teitelbaum. Reasons 1.4(
b) and (d).
C O N F I D E N T I A L SECTION 01 OF 03 PRETORIA 002906
SIPDIS
SIPDIS
E.O. 12958: DECL: 08/17/2017
TAGS: PGOV KJUS KHUM SF
SUBJECT: APARTHEID-ERA PROSECUTION REOPENS WOUNDS
PRETORIA 00002906 001.2 OF 003
Classified By: Deputy Chief of Mission Donald Teitelbaum. Reasons 1.4(
b) and (d).
1. (C) SUMMARY. On 17 August, former Law and Order Minister
Adriaan Vlok, former police chief Johann van der Merwe, and
three lower-ranking officers pleaded guilty to the charge of
attempted murder of anti-apartheid activist Reverend Frank
Chikane in 1989. The National Prosecuting Authority's (NPA)
decision to press charges, four years after the Truth and
Reconciliation Commission (TRC)'s work ended, has received
mixed, but largely predictable, reactions from the black and
white communities. For the most part, blacks appear at ease
with the NPA's decision, arguing that forgiveness and justice
are not the same, while many whites fear that this is the
beginning of a witch-hunt for those who never asked or were
never given political amnesty. In the end, the vast majority
of those guilty of committing apartheid-era crimes -- both
black and white -- likely have little to fear given the
unusual circumstances of the case (Vlok initiated contact
with the NPA to confess),the difficulty prosecuting
decades-old cases, and the lack of public outcry for more.
END SUMMARY.
-------------- -
EX-OFFICIALS CHARGED WITH APARTHEID-ERA CRIMES
-------------- -
2. (C) On 17 August, former Minister of Law and Order
Adriaan Vlok, former police chief Johann van der Merwe,
former major general Chrisoffel Smith, and former colonels
Gert Otto and Johannes van Staden pleaded guilty to the
charge of attempted murder in the 1989 assassination attempt
of Reverend Frank Chikane. Director General of President
Mbeki's Office since 1999, Chikane was Secretary General of
the South African Council of Churches at the time of the
attack. According to press reports, apartheid-era officials,
including Vlok and then-President de Klerk, sanctioned the
impregnation of Chikane's underwear with Paraoxon, a poison
that attacks the nervous system. Only after medical care at
the University of Wisconsin did Chikane recover. The
National Prosecuting Authority (NPA) has agreed to a plea
bargain deal in which Vlok and others would receive suspended
sentences. High Court Judge Eben Jordaan will now have to
consider whether to accept the terms of the plea package.
-------------- --------------
CASE OPENS WOUNDS FOR SOME, CLOSES DOOR FOR OTHERS
-------------- --------------
3. (U) The Truth and Reconciliation Commission (TRC) was born
out compromises made during negotiations between the
apartheid government and South Africa's liberation movements
and helped pave the way for the 1994 democratic election.
Negotiators agreed that in exchange for TRC testimony,
amnesty would be granted to those who had violated human
rights under apartheid provided that the crimes were
politically motivated, proportionate, and there was full
disclosure. In 1996, the process began with widely televised
public meetings where both victims and perpetrators broke the
silence that had surrounded 34 years of apartheid. Out of
7,112 petitioners who applied, only 849 were granted amnesty.
Almost 5,400 were denied amnesty, while others were excluded
under a number of additional categories such as "withdrawn."
4. (C) Most South Africans admit that while the TRC helped
the country move forward, it left unanswered questions for
many black South Africans who cannot find peace until they
know what happened to their friends, comrades, or loved ones.
Many, including political analyst Justice Malala and
Executive Director Ahmed Motala of the South Africa's Centre
for Violence and Reconciliation, believe that the TRC process
failed to achieve reconciliation between blacks and whites
and that it was weighed in favor of the perpetrators rather
than victims. Malala recounted to PolOff how angry he would
get watching "black person after black person cry their eyes
out." Malala says that Vlok's prosecution shows that "their
tears weren't shed for nothing." Former TRC Commissioner
Fazel Randera disagrees that the TRC did not achieve
reconciliation, but did admit to PolOff on 17 August that
commissioners were disappointed by the lack of participation
from the white community. Randera said that this was in
spite of his and other commissioners' personal efforts to go
out and speak to white political parties and churches to
encourage their participation. Nevertheless, apart from a
few vocal groups, including the relatives of the famous
"Craddock Four," there also does not seem to be a public
clamor for additional prosecutions.
PRETORIA 00002906 002.2 OF 003
5. (C) On the other side, many whites do not understand why
the government has charged those who committed crimes under
apartheid. The Freedom Front Plus, a white-dominated
conservative political opposition party, publicly criticized
the move, calling it a mistake and a process "that has been
skewed in favor of the ANC from the outset." Panyaza Lesufi,
NPA spokesperson, bluntly responded by saying that "we are
unapologetically biased toward victims." The civil rights
group AfriForum, which is linked to the traditionally
Afrikaaner trade union Solidarity, also has threatened to
expose crimes committed by senior ANC leaders, such as laying
landmines in the 1980s, unless the NPA stops pursuing
political prosecutions of apartheid-era events. AfriForum
insists it is not out for revenge, instead arguing its
tit-for-tat threat is being done in the name of
reconciliation.
6. (C) The Afrikaaner community, in particular, appears
largely ill at ease. Cotzee Bester, a former advisor to
President de Klerk, echoed these sentiments when he told
PolOffs on 07 August that many Afrikaaners feel as if they
are being persecuted. "Afrikaaners can't handle the loss of
power, the guilt for what happened under apartheid, and take
responsibility for their previous actions all at the same
time," said Bester. University of South Africa political
science professor Dirk Kotze echoed these sentiments when he
described to PolOff the reactions he received when he was a
guest on an Afrikaans-language radio program in early August
about the Vlok case. Kotze said that callers honed in on two
themes: 1) the ANC is on a witchhunt; and 2) the NPA should
go after ANC members who also committed crimes during
apartheid. The South African Human Rights Commission has
cautioned that the process should not be seen as a witchhunt
and reminded the public that those who committed crimes
during the apartheid era and failed to take advantage of the
TRC process knew they could be prosecuted. Moreover, Randera
told PolOff that the TRC was not about "general amnesty
anymore than general amnesia."
--------------
VLOK NOT NECESSARILY A HARBINGER
--------------
7. (C) Advocate Peter Mothle, who was Director of Lawyers for
Human Rights from 1988-1992, told PolOffs that Vlok contacted
the NPA to further disclose knowledge of other apartheid-era
crimes, not the other way around. Professor Kotze also
confirmed Vlok's approach to the NPA, adding that the NPA was
ready to accept a private plea bargain, which would have
provided Vlok "a platform in exchange for information." This
makes sense because NPA's decision to publicly prosecute took
many by surprise, including Mothle. First, Vlok had already
received political amnesty from the TRC for several other
political crimes, including the bombing of a trade union
building and a church. However, he never confessed to his
role in or knowledge of Chikane's poisoning. Second, Vlok,
perhaps more than any other apartheid-era leader, is often
portrayed as a man haunted by his past who has exhibited
remorse for his actions. Vlok, who is a devout Christian,
received international media attention in August 2006 when he
washed Chikane's feet as an act of contrition. Though some
doubt Vlok's sincerity, many, including Chikane and Randera,
do not.
8. (C) According to Professor Kotze, the NPA was forced to
publicly charge Vlok and others after George Bizos (Mandela's
former lawyer) and the NGO Legal Resources Center (LRC) found
out about the behind-the-scenes deal. Buttressing Bizos' and
LRC's argument is pending litigation against several
amendments to the NPAs authority regarding prosecutions
stemming from the TRC's work. The amendments, which were
approved by Cabinet in 2005, give the NPA the extraordinary
powers of the TRC's amnesty panel, but also additional
discretion to decide whether or not perpetrators have shown
enough remorse. Several human rights organizations are
challenging the amendments' validity with the Pretoria High
Court, arguing that the amendments infringe on victims'
constitutional rights to seek redress and allow immunity from
prosecution -- through plea bargains behind closed doors --
for those guilty of serious human rights abuses.
9. (C) Peter van Zyl, executive vice-president of
International Center for Transitional Justice (ICTJ),which
was set up by the former TRC deputy chairperson, Alex
Boraine, also insists the current policy is out of step with
international law and standards. He argues that the UN no
PRETORIA 00002906 003.2 OF 003
longer endorses blanket amnesty for gross violations of human
rights. Archbishop Desmond Tutu also has tried to persuade
Mbeki to place a moratorium on post-TRC prosecutions of
apartheid perpetrators as a way to stave off a lengthy
constitutional challenge to the NPA's policy guidelines for
prosecuting those who either failed or shunned the TRC's
amnesty process.
10. (C) In the end, neither Randera, Kotze, nor Mothle
believe that the NPA is likely to pursue many other
perpetrators of apartheid-era crimes. Despite initial media
speculation that the Vlok case could lead to a case against
former President de Klerk, the NPA publicly said on 30 July
that "there is no formal investigation of Mr. de Klerk."
Randera points out the sheer difficulty in gathering enough
evidence to successfully prosecute crimes, many of which were
committed decades ago. He also noted that two of the NPA's
most publicized attempts of trying apartheid-era officials --
Wouter "Dr. Death" Basson, who was head of the country's
secret biological and chemical warfare program, and General
SIPDIS
Magnus Malan, former Minister of Defense who was charged with
murdering 13 people in the KwaMakhutha Massacre -- failed
after both were acquitted due to lack of evidence. Kotze and
Mothle also point out that the ANC could eventually be
compelled to implicate its own members as well, for their
role in human rights abuses during the struggle.
--------------
ZUMA CAMP FEARS ANOTHER CONSPIRACY
--------------
11. (C) Kotze said his first thought was that by going after
Vlok, the NPA was giving a sign that they are not Mbeki's
personal political tool. In this sense, the prosecution sits
well with many ANC members. Schabir Shaik's brother, Mo,
agrees that the NPA would eventually be forced to look into
ANC human rights abuses in order to appear balanced, but
believes that this could be Mbeki's ultimate goal. Shaik
argued to PolOff that this would justify a shift in NPA focus
to Mbeki's political rival, ANC Deputy President Jacob Zuma,
who was head of ANC intelligence during some of the worst
abuses.
--------------
COMMENT
--------------
12. (C) We do not believe that Vlok's case is going to open a
floodgate of either confessions or prosecutions. Many whites
are fearful, even those who never committed a crime under
apartheid. But those who are guilty are probably not fearful
enough to come forward now to confess if they did not do so
during the TRC. Blacks appear satisfied that the government
is not equating forgiveness with justice, but they are not
demanding the NPA go after everyone who did not receive TRC
amnesty either.
13. (C) The Vlok prosecution may represent only a handful of
apartheid-era officials to be charged, but the case has
dredged up the past and deeply affected much of South African
society by exposing raw tensions and conflicting emotions
that lie just beneath the surface. The fact that many are
conflicted may be a sign that South Africa is making strides
to overcome its horrific past, but it also shows that South
Africa has some way to go before developing into Mandela's
dream of a rainbow nation.
Teitelbaum
SIPDIS
SIPDIS
E.O. 12958: DECL: 08/17/2017
TAGS: PGOV KJUS KHUM SF
SUBJECT: APARTHEID-ERA PROSECUTION REOPENS WOUNDS
PRETORIA 00002906 001.2 OF 003
Classified By: Deputy Chief of Mission Donald Teitelbaum. Reasons 1.4(
b) and (d).
1. (C) SUMMARY. On 17 August, former Law and Order Minister
Adriaan Vlok, former police chief Johann van der Merwe, and
three lower-ranking officers pleaded guilty to the charge of
attempted murder of anti-apartheid activist Reverend Frank
Chikane in 1989. The National Prosecuting Authority's (NPA)
decision to press charges, four years after the Truth and
Reconciliation Commission (TRC)'s work ended, has received
mixed, but largely predictable, reactions from the black and
white communities. For the most part, blacks appear at ease
with the NPA's decision, arguing that forgiveness and justice
are not the same, while many whites fear that this is the
beginning of a witch-hunt for those who never asked or were
never given political amnesty. In the end, the vast majority
of those guilty of committing apartheid-era crimes -- both
black and white -- likely have little to fear given the
unusual circumstances of the case (Vlok initiated contact
with the NPA to confess),the difficulty prosecuting
decades-old cases, and the lack of public outcry for more.
END SUMMARY.
-------------- -
EX-OFFICIALS CHARGED WITH APARTHEID-ERA CRIMES
-------------- -
2. (C) On 17 August, former Minister of Law and Order
Adriaan Vlok, former police chief Johann van der Merwe,
former major general Chrisoffel Smith, and former colonels
Gert Otto and Johannes van Staden pleaded guilty to the
charge of attempted murder in the 1989 assassination attempt
of Reverend Frank Chikane. Director General of President
Mbeki's Office since 1999, Chikane was Secretary General of
the South African Council of Churches at the time of the
attack. According to press reports, apartheid-era officials,
including Vlok and then-President de Klerk, sanctioned the
impregnation of Chikane's underwear with Paraoxon, a poison
that attacks the nervous system. Only after medical care at
the University of Wisconsin did Chikane recover. The
National Prosecuting Authority (NPA) has agreed to a plea
bargain deal in which Vlok and others would receive suspended
sentences. High Court Judge Eben Jordaan will now have to
consider whether to accept the terms of the plea package.
-------------- --------------
CASE OPENS WOUNDS FOR SOME, CLOSES DOOR FOR OTHERS
-------------- --------------
3. (U) The Truth and Reconciliation Commission (TRC) was born
out compromises made during negotiations between the
apartheid government and South Africa's liberation movements
and helped pave the way for the 1994 democratic election.
Negotiators agreed that in exchange for TRC testimony,
amnesty would be granted to those who had violated human
rights under apartheid provided that the crimes were
politically motivated, proportionate, and there was full
disclosure. In 1996, the process began with widely televised
public meetings where both victims and perpetrators broke the
silence that had surrounded 34 years of apartheid. Out of
7,112 petitioners who applied, only 849 were granted amnesty.
Almost 5,400 were denied amnesty, while others were excluded
under a number of additional categories such as "withdrawn."
4. (C) Most South Africans admit that while the TRC helped
the country move forward, it left unanswered questions for
many black South Africans who cannot find peace until they
know what happened to their friends, comrades, or loved ones.
Many, including political analyst Justice Malala and
Executive Director Ahmed Motala of the South Africa's Centre
for Violence and Reconciliation, believe that the TRC process
failed to achieve reconciliation between blacks and whites
and that it was weighed in favor of the perpetrators rather
than victims. Malala recounted to PolOff how angry he would
get watching "black person after black person cry their eyes
out." Malala says that Vlok's prosecution shows that "their
tears weren't shed for nothing." Former TRC Commissioner
Fazel Randera disagrees that the TRC did not achieve
reconciliation, but did admit to PolOff on 17 August that
commissioners were disappointed by the lack of participation
from the white community. Randera said that this was in
spite of his and other commissioners' personal efforts to go
out and speak to white political parties and churches to
encourage their participation. Nevertheless, apart from a
few vocal groups, including the relatives of the famous
"Craddock Four," there also does not seem to be a public
clamor for additional prosecutions.
PRETORIA 00002906 002.2 OF 003
5. (C) On the other side, many whites do not understand why
the government has charged those who committed crimes under
apartheid. The Freedom Front Plus, a white-dominated
conservative political opposition party, publicly criticized
the move, calling it a mistake and a process "that has been
skewed in favor of the ANC from the outset." Panyaza Lesufi,
NPA spokesperson, bluntly responded by saying that "we are
unapologetically biased toward victims." The civil rights
group AfriForum, which is linked to the traditionally
Afrikaaner trade union Solidarity, also has threatened to
expose crimes committed by senior ANC leaders, such as laying
landmines in the 1980s, unless the NPA stops pursuing
political prosecutions of apartheid-era events. AfriForum
insists it is not out for revenge, instead arguing its
tit-for-tat threat is being done in the name of
reconciliation.
6. (C) The Afrikaaner community, in particular, appears
largely ill at ease. Cotzee Bester, a former advisor to
President de Klerk, echoed these sentiments when he told
PolOffs on 07 August that many Afrikaaners feel as if they
are being persecuted. "Afrikaaners can't handle the loss of
power, the guilt for what happened under apartheid, and take
responsibility for their previous actions all at the same
time," said Bester. University of South Africa political
science professor Dirk Kotze echoed these sentiments when he
described to PolOff the reactions he received when he was a
guest on an Afrikaans-language radio program in early August
about the Vlok case. Kotze said that callers honed in on two
themes: 1) the ANC is on a witchhunt; and 2) the NPA should
go after ANC members who also committed crimes during
apartheid. The South African Human Rights Commission has
cautioned that the process should not be seen as a witchhunt
and reminded the public that those who committed crimes
during the apartheid era and failed to take advantage of the
TRC process knew they could be prosecuted. Moreover, Randera
told PolOff that the TRC was not about "general amnesty
anymore than general amnesia."
--------------
VLOK NOT NECESSARILY A HARBINGER
--------------
7. (C) Advocate Peter Mothle, who was Director of Lawyers for
Human Rights from 1988-1992, told PolOffs that Vlok contacted
the NPA to further disclose knowledge of other apartheid-era
crimes, not the other way around. Professor Kotze also
confirmed Vlok's approach to the NPA, adding that the NPA was
ready to accept a private plea bargain, which would have
provided Vlok "a platform in exchange for information." This
makes sense because NPA's decision to publicly prosecute took
many by surprise, including Mothle. First, Vlok had already
received political amnesty from the TRC for several other
political crimes, including the bombing of a trade union
building and a church. However, he never confessed to his
role in or knowledge of Chikane's poisoning. Second, Vlok,
perhaps more than any other apartheid-era leader, is often
portrayed as a man haunted by his past who has exhibited
remorse for his actions. Vlok, who is a devout Christian,
received international media attention in August 2006 when he
washed Chikane's feet as an act of contrition. Though some
doubt Vlok's sincerity, many, including Chikane and Randera,
do not.
8. (C) According to Professor Kotze, the NPA was forced to
publicly charge Vlok and others after George Bizos (Mandela's
former lawyer) and the NGO Legal Resources Center (LRC) found
out about the behind-the-scenes deal. Buttressing Bizos' and
LRC's argument is pending litigation against several
amendments to the NPAs authority regarding prosecutions
stemming from the TRC's work. The amendments, which were
approved by Cabinet in 2005, give the NPA the extraordinary
powers of the TRC's amnesty panel, but also additional
discretion to decide whether or not perpetrators have shown
enough remorse. Several human rights organizations are
challenging the amendments' validity with the Pretoria High
Court, arguing that the amendments infringe on victims'
constitutional rights to seek redress and allow immunity from
prosecution -- through plea bargains behind closed doors --
for those guilty of serious human rights abuses.
9. (C) Peter van Zyl, executive vice-president of
International Center for Transitional Justice (ICTJ),which
was set up by the former TRC deputy chairperson, Alex
Boraine, also insists the current policy is out of step with
international law and standards. He argues that the UN no
PRETORIA 00002906 003.2 OF 003
longer endorses blanket amnesty for gross violations of human
rights. Archbishop Desmond Tutu also has tried to persuade
Mbeki to place a moratorium on post-TRC prosecutions of
apartheid perpetrators as a way to stave off a lengthy
constitutional challenge to the NPA's policy guidelines for
prosecuting those who either failed or shunned the TRC's
amnesty process.
10. (C) In the end, neither Randera, Kotze, nor Mothle
believe that the NPA is likely to pursue many other
perpetrators of apartheid-era crimes. Despite initial media
speculation that the Vlok case could lead to a case against
former President de Klerk, the NPA publicly said on 30 July
that "there is no formal investigation of Mr. de Klerk."
Randera points out the sheer difficulty in gathering enough
evidence to successfully prosecute crimes, many of which were
committed decades ago. He also noted that two of the NPA's
most publicized attempts of trying apartheid-era officials --
Wouter "Dr. Death" Basson, who was head of the country's
secret biological and chemical warfare program, and General
SIPDIS
Magnus Malan, former Minister of Defense who was charged with
murdering 13 people in the KwaMakhutha Massacre -- failed
after both were acquitted due to lack of evidence. Kotze and
Mothle also point out that the ANC could eventually be
compelled to implicate its own members as well, for their
role in human rights abuses during the struggle.
--------------
ZUMA CAMP FEARS ANOTHER CONSPIRACY
--------------
11. (C) Kotze said his first thought was that by going after
Vlok, the NPA was giving a sign that they are not Mbeki's
personal political tool. In this sense, the prosecution sits
well with many ANC members. Schabir Shaik's brother, Mo,
agrees that the NPA would eventually be forced to look into
ANC human rights abuses in order to appear balanced, but
believes that this could be Mbeki's ultimate goal. Shaik
argued to PolOff that this would justify a shift in NPA focus
to Mbeki's political rival, ANC Deputy President Jacob Zuma,
who was head of ANC intelligence during some of the worst
abuses.
--------------
COMMENT
--------------
12. (C) We do not believe that Vlok's case is going to open a
floodgate of either confessions or prosecutions. Many whites
are fearful, even those who never committed a crime under
apartheid. But those who are guilty are probably not fearful
enough to come forward now to confess if they did not do so
during the TRC. Blacks appear satisfied that the government
is not equating forgiveness with justice, but they are not
demanding the NPA go after everyone who did not receive TRC
amnesty either.
13. (C) The Vlok prosecution may represent only a handful of
apartheid-era officials to be charged, but the case has
dredged up the past and deeply affected much of South African
society by exposing raw tensions and conflicting emotions
that lie just beneath the surface. The fact that many are
conflicted may be a sign that South Africa is making strides
to overcome its horrific past, but it also shows that South
Africa has some way to go before developing into Mandela's
dream of a rainbow nation.
Teitelbaum