v. Detainees who lost property should be compensated for such loss.
vi. It is apparent to the Commission that many people suffered in the ANC camps. Only a small proportion of those
testified before the Commission. Since it is officially acknowledged at the highest level that abuses were
perpetrated in the camps, we see little advantage in this Commission of Enquiry continuing to hear such
evidence. The procedures of this Commission have been costly and time consuming and, for the reasons given
above, have attracted criticism. The ANC has taken an important decision to investigate wrong doing within its
own ranks. That is a process, which, in our view, should continue. Unless the ANC is prepared to see this
process through to its conclusion, there will inevitably be discontent, accusations and recriminations. We suggest,
therefore, that consideration be given to the creation of an independent structure which is perceived to be
impartial and which is capable of documenting cases of abuse and giving effect to the type of recommendations
made in this report. A formal Commission of Enquiry such as the present is unnecessary for this purpose.
vii. We are aware that allegations have been made concerning the disappearance and murder of prisoners. It has
been beyond our terms of reference to investigate these allegations. There is some evidence to suggest that the
allegations, at least in respect of certain persons, are untrue. Nevertheless, the allegations are of the most
serious nature and demand investigation We therefore suggest that the impartial and independent structure
referred to in paragraph (vi) above, or some other appropriate body be charged with the responsibility of
investigating all allegations of disappearances and murder.
viii. We strongly recommend that urgent and immediate attention be given to identifying and dealing with those
responsible for the maltreatment of detainees. It is for the ANC itself to ensure that it cleanses its own ranks of
those responsible for the acts of brutality described in this report. It is clear that several persons against whom
serious allegations of brutality have been levelled are currently employed by the ANC in the security department.
A list of such persons will be supplied to the President of the ANC. It would be wrong, in our view, to limit
responsibility to such persons. There are clearly persons in the senior ranks of the security department who were
responsible for the situation in the camps and who should not escape the net of accountability. We consider this
recommendation to be of the greatest importance, particularly in the light of the role that the ANC is likely to play
in a future Government. No person who is guilty of committing atrocities should ever again be allowed to assume
a position of power. Unless the ANC is prepared to take decisive action, the risk of repetition will forever be
present. The best formula for prevention is to ensure that the perpetrators of brutality are brought to account and
are seen to be brought to account.
ix. In the course of the proceedings before the Commission, we received two reports of Commissions of Enquiry
conducted by the ANC. These were the Commission of Enquiry into the death of Thami Zulu and the Stuart
Commission of Enquiry arising out of the 1984 mutiny. If it is correct that the report of the Stuart Commission was
not tabled before the NEC in 1984 that should now be done. We would strongly recommend that the Thami Zulu
Commission report be released to the public and once the NEC has received the Stuart Commission report it too
should be considered for public release. These reports concern matters of vital interest and should be subjected
to public scrutiny. There are obviously many other documents which have hitherto not been made public. We can
only make recommendations in regard to those that we have seen, but we suggest that the process could well be
extended in the future.
x. Finally, the terms of reference of this commission contain an undertaking that this report will be released to the
public. We strongly recommend that this be done as soon as possible.
Adv T.L Skweyiya S.C.
Ms B. Mabandla
Adv GJ. Marcus
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