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to Quatro was apparently blocked. Similarly, he told us that his efforts to visit Uganda were also blocked.
Eventually, the attempts to enforce the Code of Conduct started bearing fruit. We were informed by both Mr Skweyiya
and Mr Stuart that certain members of the security department appeared before bibunals and were disciplined
Moreover, the civil authorities in both Zambia and Tanzania prosecuted certain members of the security department for
offences.
We went left with an overall impression that for the better part of the 80's, there existed a situation of extraordinary
abuse of power and lack of accountability.
Nobody was beyond the reach of the security apparatus. The malaise was clearly identified by the Stuart Commission in
1984. After dealing with the complaints against the security department, which included allegations of torture and
killings, the Stuart Commission reached the following conclusions:
"The security department has become increasingly involved in deciding on and implementing
disciplinary measures. Consequently, their major task of being the 'eyes and ears' of the Movement and
helping to expose agents and protect our Movement has been seriously hampered. Some people remain
suspects for years. Force has become the rule rather than the exception. It is indiscriminately used not
only as punishment but even when candying out interviews and debriefings. There are cases when after
severe beatings individuals have admitted to being agents only to retract this later."
Even a high-ranking official like Dr. Pallo Jordan was detained by the security department in 1983. He was held for a
period of six weeks without charge. During that period he was only questioned on one occasion. That occurred on the
day of his release when it emerged from the questions put to him that the reason for his detention was that he had
criticised the security department for conducting itself like a repressive police force.
O. RECOMMENDATIONS
GENERAL APPROACH
Some of the witnesses whom we saw have been brutalised and broken. Not only have they had to endure physical and
psychological trauma, but their lives have been shattered by poverty, interrupted education and disability. Yet, despite
the ordeals that they have endured, most are without rancour. They seek, in the main, simple justice: a recognition that
they have been wronged and assistance to rebuild their lives. Some of the witnesses whom we saw remain loyal
members of the ANC and are proud of the many goods things that they consider their organisation has done.
Some of the recommendations we make go beyond the immediate victims of brutality. There are serious allegations that
certain prisoners simply disappeared or were murdered. For the families of the missing and the deceased, the suffering
will continue until the truth emerges. But it is not only the families and friends of victims who are entitled to be told the
truth. The violation of human rights is a matter of both national and international concern. The proper investigation and
exposure of human. rights violations is therefore an obligation which, in our view, cannot be evaded. This obligation
applies to all, including the State. At a time when there are serious allegations of abuse perpetuated by high-ranking
State officials, we believe that the ANC could set an example by initiating its own investigation into the allegations of
disappearance and death. This could, in our view, signify a new direction for the protection of human rights in South
Africa.
In making the recommendations that follow, we have been guided by three principles: redress, accountability and
prevention. In accordance with these principles, we make the following recommendations:
i. Those witnesses who were detained without trial should have the allegations against them unequivocally and
unconditionally withdrawn. For some of the witnesses who appeared before us they sought nothing more than
having their name cleared so that they may once again be reintegrated to their communities. These witnesses
deserve, in our view, a clear and unequivocal apology for the wrongs that they have suffered.
ii. All witnesses who suffered maltreatment while being detained in ANC camps should receive monetary
compensation for their ordeal. We make no distinction whatsoever between those who either confessed or who
were proved to he South African agents and those who were not. We cannot countenance any distinction of this
sort when it comes to the humane treatment of detainees.
iii. Some of the witnesses who appeared before us were, in our view, in need of medical and psychological
assistance. Such should be offered and provided by the ANC.
iv. Some of the witnesses expressed the desire to continue with their education which had bee interrupted by long
periods of detention. We recommend that the ANC provide assistance in this regard.
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