Former generals may face jail

2004-02-15 10:07

Mpumelelo Mkhabela

Johannesburg - A report says the net could soon close in on apartheid-era generals who were refused amnesty by the Truth and Reconciliation Commission.

The arrest of former security policeman Gideon Nieuwoudt in connection with the death of the "Pebco Three" in 1985 and the subsequent co-operation of Eugene de Kock, the former Vlakplaas commander, has paved the way for further investigations.

Implicated in court documents with Nieuwoudt and his co-accused, Johannes van Zyl, are former Askari Joe Mamasela and security force operatives Roelf Venter, Gert Beeselaar, Johannes Koole and Peter Mogai.

The priority crimes and litigation unit in the National Prosecution Authority is examining a total of 117 people from the former security police, who were refused amnesty, mainly for lack of full disclosure.

Among top former generals who were refused amnesty was General Nixon Rensburg, in connection with the death of Brian Ngculunga in the Eastern Cape.

Also expected to come under intense investigation is General Willem Schoon, who was responsible for the deaths of the "Cosas Four" in 1982 - when Cosas members were killed and one wounded by an Askari under instruction from Schoon in Krugersdorp.

A former commissioner of police, Johan van der Merwe, who was refused amnesty for his involvement in the 1985 Lesotho raid in which innocent people were killed, could also be up for investigation.

Former struggle fighters

Those close to the process say the law does not prohibit the prosecution of former leaders of the liberation movement who did not make full disclosures. This has now sparked controversy.

Former TRC officials have welcomed the arrest of Nieuwoudt and the pending investigations against apartheid-era generals, but they have raised concerns about the law, as it did not prohibit leaders of former liberation movements from prosecution.

Dumisa Ntsebeza, former TRC investigator, said the latter's arrest would not be desirable. But the situation has arisen as an effect of the negotiated transition where liberation movements failed to draw the line between crimes committed for and against liberation.

He said liberation leaders were also liable for prosecution and should be arrested in terms of the law. "Even ANC leaders who did not give full information , if found, should be prosecuted. This requires political will."

Former TRC commissioner Yasmin Sooka said it was problematic that those from the liberation movements would be treated in the same way as apartheid officials.

She said many had been arrested and had served sentences in jail. Those who appeared before the TRC were frank in comparison with apartheid-era forces. "Selective prosecution should be guided by law," she said.

- City Press