AfriForum Warns Against One Sided Apartheid Crime Prosecutions

Cosmik Debris

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Translation:

The civil rights organisation AfriForum released a documentary that also highlights the crimes of ANC members and their alliance partners during the apartheid era. This comes after the state announced plans to prosecute politically-motivated crimes that were committed during apartheid.

Adv. Shamila Batohi, Head of the National Prosecuting Authority (NPA), is in the process of establishing a unit to prosecute these crimes. The Hawks have already established a unit to investigate these crimes.

According to AfriForum, such steps will once again create polarisation in the country. It has been proven in practice that, in terms of prosecutions, the state fails to prosecute high-ranking ANC members who did not receive amnesty from the Truth and Reconciliation Commission for orders that they had given for the execution of acts of terrorism.

“AfriForum is of the opinion that the book of the past must be closed. If the state indeed continues with these prosecutions, it should also prosecute members of the ANC and its partners, who are responsible for the deaths and injuries of thousands of people. If it seems that these prosecutions are one-sided, AfriForum’s Private Prosecution Unit will pressure the NPA into also prosecuting ANC leaders. If this fails, private prosecution will be strongly considered,” says Kallie Kriel, CEO of AfriForum.

“There seems to be grounds for prosecution in many of the cases in which ANC members and their allies are the suspects. If so, and if the state were to prosecute selectively, the Private Prosecution Unit will consider private prosecuting in line with our focus on equality before the law,” says Adv. Gerrie Nel, Head of AfriForum’s Private Prosecution Unit.
 

TelkomUseless

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A yes. Waste more money on NPA prosecuting crimes 40 years ago. Awesome wasting of money we have. And like people posted.. no ANC people prosecuted.

And what was the Truth and Recon then about ?
 

Cosmik Debris

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A yes. Waste more money on NPA prosecuting crimes 40 years ago. Awesome wasting of money we have. And like people posted.. no ANC people prosecuted.

And what was the Truth and Recon then about ?

The TRC suddenly ran out of money and was wound up as soon as it became apparent that the crimes of the ANC were far worse than those of the apartheid regime...
 

grok

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Relax, the useless ANC cannot even process current crimes that happens in full view of the public, how they going to prosecute ancient wrongdoings?

Oh wait, this is just an eye-blind for the election.

A real good story to tell people who have been brainwashed into believing they are eternal victims..
 

TelkomUseless

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Relax, the useless ANC cannot even process current crimes that happens in full view of the public, how they going to prosecute ancient wrongdoings?

Oh wait, this is just an eye-blind for the election.

A real good story to tell people who have been brainwashed into believing they are eternal victims..
Have to keep the white boogeyman / apartheid memory alive.
 

Cosmik Debris

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The ANC seems to be making prosecution noises but not for ANC crimes. The Ahmed Timol inquest and several others. Herewith a letter from to Johan Botha, the Chairman of the Foundation for Equality before the Law to the Minister of Justice:


OPEN LETTER TO THE MINISTER OF JUSTICE AND CORRECTIONAL SERVICES, MR. RONALD LAMOLA, BY THE FOUNDATION FOR EQUALITY FOR LAW

21 February 2020


Your recent statement that, as a result of state capture looting of the Treasury, the National Prosecuting Authority lacks the capacity to prosecute the persons responsible, is disingenuous to say the least. Millions of Rands are currently being wasted by the National Prosecuting Authority due to ineffective planning and politically motivated and selective prosecution of only certain persons for offenses related to conflict of the past.

The 2019 re-opened iinquest into the death of Ahmed Timol is a case in point and now we have the re-opened inquest into the death of Dr. Neil Aggett. In both cases, all the persons directly involved in the incidents have already died. There is no primary evidence available and consequently secondary and even anecdotal hearsay evidence is presented which cannot be admitted in any criminal case. Moreover, it is a one-sided process where the interests of persons who have died are not protected in any manner and therefore a pervasive system of justice.

The provisions of Article 9 of the Constitution which provide for equality before the law are, in essence, being disregarded by the National Prosecuting Authority

The following political leaders and members of the former government and security forces have already been prosecuted for crimes related to the conflict of the past:

General Magnus Malan, former Minister of Défense, General Jannie Geldenhuys, former head of the South African Defense Force and several other generals and members of the security forces in the Kwamakhutha case. They were all acquitted. More than R40 million was wasted on this case.

Dr. Wouter Basson was also charged and acquitted. More than R40 million was also wasted in this case.

Mr. Adriaan Vlok, former Minister of Law and Order. General Johan van der Merwe, former Commissioner of Police and three other former members of the security branch were prosecuted.

Col. Gideon Nieuwoudt and three other members of the security branch were prosecuted for the PEBCO-3 case.

Colonels Willem Coetzee and Anton Pretorius with Capt. Frik Mong are currently being prosecuted for allegedly murdering a member of Umkhonto weSizwe.

Joao Rodriques is currently being prosecuted for the murder of Ahmed Timol.

In stark contrast with these prosecutions, not a single member of the National Executive Committee of the ANC, to whom amnesty has been denied, has ever been prosecuted despite the fact that abundant evidence is available to prove that according to the principle of common purpose in our law, they can be prosecuted in the following cases:

On 20 May 1983, a powerful car bomb exploded in front of the Nedbank Square Building in Church Street, Pretoria, at approximately 4 p.m. (The building was known as the Nedbank Square Maritime House). A total of 19 people was killed, including 12 civilians and 7 members of the Defence Force. A total of 219 people was seriously injured or mutilated, including 217 civilians and 2 members of the Defence Force.

On 23 December 1985, targeting civilian Christmas shoppers, members of Umkhonto weSizwe (MK) placed an explosive device in a refuse bin at the Amanzimtoti shopping centre. 5 civilians were killed and 40 seriously injured and mutilated. Former President Jacob Zuma publicly admitted that these MK members acted under his authority.

On 14 June 1986, a car bomb exploded in front of the Magoos pub in the Parade Hotel in Durban. 3 Civilians were killed and 89 seriously injured and mutilated.

On20 May 1987, a limpet mine and car bomb exploded in front of the Johannesburg Magistrate's Court. 3 Policemen were killed and 15 civilians seriously injured and mutilated.

On 2 July 1988, a car bomb exploded in front of the Ellis Park Rugby Stadium in Johannesburg. Two civilians were killed and 37 were seriously injured and mutilated.

On 25 July 1993, defenceless churchgoers who included women and children, were attacked in the St. James church, Kenilworth, Cape Town with AK47 rifles and hand grenades and 11 killed in cold blood. Many were wounded. Mr. Letlapa Mphahlele, the former president of the PAC, who ordered the attack, was prosecuted and initially appeared in court on multiple charges of murder but the case was postponed and has since disappeared.

More than 90% of the victims of the terrorist acts mentioned above were defenceless civilians, including women and children. These acts were all, from a moral point of view, flagrant violations of the provisions of the Protocol to the Geneva Convention and as such a crime against humanity. Decisions by Amnesty Committees and statements made by members of Umkhonto WeSizwe during amnesty hearings are hereby attached to indicate the extent of the evidence available against members of the National Executive of the ANC who have been denied amnesty.

The Foundation for Equality for Law believes that selective, political populist prosecutions and the reopening of inquests fly in the face of the concluding paragraph of the Interim Constitution which is also the basis of the current Constitution and ignore the spirit of the negotiations which led to the Constitution.

Maintaining equality before the law as provided for in terms of Section 9 of the Constitution, is at the heart of any sound legal system and if disregarded, the whole system will rot.

With due regard

Johan Botha
CHAIRMAN : FOUNDATION FOR EQUALITY BEFORE THE LAW
 

Cosmik Debris

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You made the claim, you prove it. It was a baseless claim but you're used to making those, aren't you?

Here you go:

The TRC was not a definitive moment separating us from our past and allowing us to walk into democracy with a clean slate. It was valuable in exposing the horrors of Apartheid, but failed the far greater issue of black-on-black violence which had claimed some 20 000 lives. Thus we walk, still crippled by the lack of full reconciliation in our nation. There was somehow a lack of honesty behind the TRC process.

 

R13...

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Here you go:

The TRC was not a definitive moment separating us from our past and allowing us to walk into democracy with a clean slate. It was valuable in exposing the horrors of Apartheid, but failed the far greater issue of black-on-black violence which had claimed some 20 000 lives. Thus we walk, still crippled by the lack of full reconciliation in our nation. There was somehow a lack of honesty behind the TRC process.

Where in there does it say the TRC was stopped, because the ANC didn't like that their crimes were being exposed? And an opinion piece is not a very good way to show people that your claims aren't BS.
 
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