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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