Concourt 23-10: RH Amicus: [IV] TRC Fraud: ‘Crime of Apartheid’ Falsification of History

Excerpts from White Refugee's
First Amicus Filed in Concourt

TRC FRAUD: ‘CRIME OF APARTHEID’ FALSIFICATION OF HISTORY

• Negligent or Intentional Avoidance of Key Concept Definitions?
  
• Amnesty Meaning Changed without Due Process?
  
• Was Truth and Reconciliation Seen to be Done?
  
• Did ‘Evil Apartheid’ raise Black living standards to Highest in Africa?
  
• Apartheid: Crime Against Humanity; or Just War for Demographic Survival?
  
• Nature & Causes of Apartheid: A Just War for Demographic Survival?
  
• Farm Murders: A Rainbow TRC Peace, or Racial Hatred War Reality?

IV: TRC FRAUD: ‘CRIME OF APARTHEID’ FALSIFICATION OF HISTORY

“The commission also said that there could be no healing without truth, that half-truths and denial were no basis for building the new South Africa, that reconciliation based on falsehood would not last, and that selective recollection of past violence would easily provide the mobilisation for further conflict in the future. If these are its criteria for the role of truth in promoting reconciliation, it has failed to meet them.”
-- John Kane-Berman, The Truth About the Truth Commission

A. Negligent or Intentional Avoidance of Key Concept Definitions?

How to be a Good Communist The text of a handwritten manuscript by Nelson Mandela, produced as part of the evidence at his trial in 1963. All the accused, including Mandela, denied being communist saboteurs and terrorists. Many of his subsequent speeches and statements to this day, praising communist countries and their dictators while condemning the West, belie that claim. (PDF)

52. Conflict of Laws Definitions: Fundamental Concepts Not Defined(139]: The TRC, perhaps intentionally?[140], ignored the importance of providing clear definitions: In the TRC Report they repeatedly accuse the Apartheid government of maintaining its alleged legal oppressive regime, by means of definitions that are vague and ambiguous[141]. The TRC social contract Acts proceed to provide no definition for ‘ubuntu’, ‘closure’, ‘reconciliation’, ‘dignity’ and ‘national unity’: which are socially, culturally, religiously, psychologically, and racially important terms; which have multiple different meanings for different cultures, religions, etc.

53. This circumvents the European Court of Human Rights principle that rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.[142]

[139] UA: [E. 2]: Definitions: Fundamental Concepts Not Defined [PDF: www.scribd.com/doc/32739548]

[140] SALC Project 90: Report on Conflicts of Law, September 1999, p.22 “1.57: Blending two very different legal systems in a synthetic code is an immense undertaking, however, which has been accomplished in very few African countries …. and then largely at the expense of customary law. At a social level, it may be questioned whether everyone in the country either wants or is prepared for a single law. Are the peoples of South Africa willing to compromise their cultural traditions in a homogenized legal system? In any event, it must be appreciated that, for the immediate future at least, social and legal differences will remain, and, if that is the case, the conflict of laws will have an important role to play in selecting appropriate laws in particular cases.”

[141] Truth and Reconciliation Report: Vol I. page 30; para 26; 27 ; page 32 para 32; page 38, para 59; Vol II; page 274, para 453

[142] The European Court of Human Rights has held that the rule of law requires that provisions of legislation must be adequately accessible and sufficiently precise to enable people to regulate their affairs in accordance with the law.” Lithgow & others v. United Kingdom (1986) * EHRR 329 § 110: “As regards the phrase "subject to the conditions provided for by law", it requires in the first place the existence of and compliance with adequately accessible and sufficiently precise domestic legal provisions (see, amongst other authorities, the Malone judgment of 2 August 1984, Series A no. 82, pp. 31-33, paras. 66-68)."



B. Amnesty Meaning Changed Without Due Process?

54. Did ‘Amnesty’ mean Amnesty, or was the meaning changed?[143]: Did the ANC, change the requirements for Amnesty principles of the original agreement (Interim Constitution), but avoided any such consultation (as required by Interim Constitution S. 233 (3) and (4)) with relevant parties, such as the IFP, the SADF, etc.[144]

[143] UA: [E.3] Did ‘Amnesty’ mean Amnesty, or was the meaning changed? [PDF: www.scribd.com/doc/32739548]

[144] The Conflict of the Past: A Factual Review, by General Johan van der Merwe: “From the very beginning the TRC-process was characterised by a one-sided approach in which members of the Security Branch were often harshly discriminated against…….” [PDF: www.scribd.com/doc/32954067]



C. Was Truth and Reconciliation Seen to Be Done?

Anatomy of Terror, by Rhodesia Min. of Info [Series of booklets published by the Rhodesian Government in the 1970s to make the world aware of the atrocities being carried out by the terrorist groups of Mugabe and Nkomo. This section consists of several booklets and a selection of graphic photos of the victims of terrorism.]

55. In Assessment of the probable results of activities of the Truth and Reconciliation Commission (TRC) as perceived by former Chiefs of the SADF IRO the SADF[145], by Generals Malan, Viljoen, Geldenhuys and Liebenberg, they write:

Although we stand sympathetic towards the objectives of the TRC….. we have serious reservations as to whether the TRC can make an optimum contribution towards reconciliation and national unity.

Our reservations are shared, amongst others, by the historian Hermann Giliomee in the Leader Page article in the Cape Times of 9 October 1997. "Writing as a historian, I have always felt that the greatest problem with the commission was not so much what it has set out to do, but its hopelessly skewed composition. Unlike Chile, where half the commissioners appointed to a similar body was roughly associated with the old regime and the other half with the new, the score in our case is roughly nine to one in favour of the anti - regime side".

In the case of South Africa, strange as it may sound, there is more than one past. If the position of the TRC's past is accepted, an analysis such as this becomes irrelevant. If society is perceived as an interaction between oppressor and oppressed, as a clear-cut distinction between evil and good, the TRC's investigation is not really necessary - even before the start of the hearings, the outcome would have been predetermined.

56. The TRC Foundation: Impartial Truth or Selective Truth (Bias)[146]: In The Truth about the Truth Commission[147], Anthea Jeffery details how the TRC did not live upto its mandate to contextualise the gross violations, including the perspectives and motives of the perpetrators, as well as any antecedent factors contributing to violations. It contextualised the actions of the ANC, and provided no context for the IFP or State, simply depicting it as a criminal state, totally disregarding the State’s perspective, about the importance of law and order; or the IFP’s perspectives and motives. The TRC deliberately ignored the People’s War, TRC findings were frequently unexplained, “its investigation and research appears … one-sided”. It concentrated on the States Security Council, while ignoring its ANC equivalent the ‘Political-Military Council of the ANC’. The TRC further failed to verify evidence before it, or to take all relevant information into account. It expressed reservations about audi Alteram partem and giving alleged perpetrators sufficient notice, and conducted many of its hearings behind closed doors. It failed to give reasons for many of its findings, or to explain the basis of its conclusions, particularly findings of accountability on a balance of probability. It repudiated various judicial rulings without citing evidence or reasons to justify this. On the importance of Truth to the TRC, she states that it is clear the TRC are aware of the importance of the need for impartial truth, but that they appear to sorely lack the will to put actions behind their words.

57. Further complaints of TRC bias[148], conflicts of interest, censorship or omission, etc:

1. The Conflict of the Past: A Factual Review[149], by General Johan van der Merwe;
   
   
2. Complaints to Public Protector of TRC Handling of SADF[150], by Gen. J.J. Geldenhuys, SSA, SD, SOE, SM; Genl A.J. Liebenberg, SSA, SD, SOE, MMM; Genl M.A. de M. Malan, SSA, OMSG, SD, SM; and Gen C.L. Viljoen, SSA, SD, SOE, SM; January 1998. They also refer to the TRC’s lack of enquiry into among others: The Stuart Commission's Report[151]; The Douglas Commission's Report[152]; The Motsuenyane Commission[153]; The Skweyiya Commission[154]; Amnesty International Report[155]; Mbokodo: Inside the MK: A soldiers Story, by Mwezi Twala[156]; the book: Marching to Slavery: SA's Descent into Communism[157]; and The Denton Hearings, by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary. They also filed a further submission to the TRC: Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF[158].

[145] February 1998, Letter: Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by former Chiefs of the SADF IRO the SADF, by Generals Malan, Viljoen, Liebenburg and Geldenhuys, to Chairman of the Truth and Reconciliation Commission [PDF: www.scribd.com/doc/34381488]

[146] UA: [E.4] Was Truth and Reconciliation Seen to be Done? [PDF: www.scribd.com/doc/32739548]

[147] The Truth About The Truth Commission, Anthea Jeffery, SA Inst. Race Relations (SAIRR), 1999 [PDF: www.scribd.com/doc/32954016]

[148] UA: [E.5] Rainbow Truths: Were contextual Struggle Violence Truths Told? [PDF: www.scribd.com/doc/32739548]

[149] The Conflict of the Past: A Factual Review, by General Johan van der Merwe [PDF: www.scribd.com/doc/32954067]

[150] Complaints to Public Protector of TRC Handling of SADF, submitted by Generals J.J. Geldenhuys; A.J. Liebenberg; M.A. de M. Malan; and C.L. Viljoen; January 1998 [PDF: www.scribd.com/doc/32954024]

[151] Stuart Comm. Report: of Inquiry into Recent Developments in People’s Rep. of Angola, Mar 14, 1984: “Despite the report of the Stuart Comm. by Hermanus Loots (alias James Stuart) after being appointed by the ANC's NEC to inquire into the Pongo mutiny among ANC combatants : "Some of those punished have been maimed for the life and there have been deaths..... The aim of the punishment seems to be to destroy, demoralise and humiliate comrades and not correct and build." He listed gruesome punishments and the "shocking corruption of fear" in the camps, listed the names of people who died as a result of these punishments and noted that others had committed suicide or had deserted. It added that the ANC/SACP security department had done things that would "shock our people against the movement". Although presented to Oliver Tambo, Alfred Nzo and others, the Stuart Comm. Report sank without trace. This was apparently not the stuff the politicians behind fighters wanted the world to know about.” [PDF: www.scribd.com/doc/32956936]

[152] “The Douglas Commission's Report. Based on the evidence from some 100 witnesses and depositions from some 60, including some 40 survivors of ANC camps in Angola, Uganda, Mozambique, Tanzania and Zambia, it found that the cruelties amounted to a "litany of unbridled and sustained horror". This Durban based State's council mentioned various prominent SACP/ANC leaders as being directly or indirectly responsible for serious human rights abuses.”

[153] ANC - Commission of Enquiry into Certain Allegations of Cruelty and Human Rights Abuse Against ANC Prisoners and Detainees by ANC Members (Motsuenyane Commission) - August 20, 1993 [PDF: www.scribd.com/doc/32957187]: “This Commission, the ANC's own, recommended that those responsible for the atrocities should be identified and banned from holding high positions of authority.”

[154] Skweyiya Commission Report, Report of the Commission of Enquiry into Complaints by Former African National Congress Prisoners and Detainees, 1992 [PDF: www.scribd.com/doc/32956941]

[155] South Africa: Torture, ill-treatment and executions in African National Congress Camps, Amnesty International, 2 December 1992, AI Index AFR 53/27/92 [PDF: www.scribd.com/doc/32957163]
See also: (i) What Happened in the ANC Camps?, Focus: ANC Camps, WIP, No. 82, Page 14-18; June 1992.; (ii) Women in the ANC and SWAPO: sexual abuse of young women in the ANC camps, by Olefile Samuel Mngqibisa, October 1993, Searchlight South Africa, No 11, Pages 11-16 (ISSN 0954-3384) [PDF: www.scribd.com/doc/32956931]; (iii) A Miscarriage of Democracy: The ANC Security Department in the 1984 Mutiny in Umkhonto We Sizwe, Bandile Ketelo, Amos Maxongo, Zamxolo Tshona, Ronnie Massango and Luvo Mbengo; Searchlight South Africa, Vol. 2. No.1, July 1990, Pages: 35-41. [PDF: www.scribd.com/doc/32957159]; (iv) An Open Letter to Nelson Mandela from Ex-ANC Detainees, Searchlight South Africa Number 5 July 1990 , pages 66 to 68 [PDF: www.scribd.com/doc/32957184]; (v) The ANC Conference: From Kabwe to Johannesburg, Letter to the Editors, Searchlight South Africa, Vol 2, No.2 January 1991 [PDF: www.scribd.com/doc/32957358]; (vi) A Death in South Africa: The Killing of Sipho Phungulwa, by Paul Trwhela, The Killing Fields of South Africa, Searchlight South Africa, Vol 2, No 2, 6 January 1991; Pg 11 – 25; ISSN 0954-3384 [PDF: www.scribd.com/doc/32957565]; (vii) The Case of Samuel Mngzibisa (Elty Mhlekazi); Resignation from ANC, 07/02/1991 [PDF: www.scribd.com/doc/32957409]; (viii) Inside Quadro: End of an Era, by Paul Trewhela, Searchlight South Africa, No. 5 in July 1990. [PDF: www.scribd.com/doc/32957573]; (ix) The ANC Prison Camps: An Audit of Three Years, 1990 – 1993, by Paul Trewhela, Searchlight South Africa [PDF: www.scribd.com/doc/32957712]; (x) The Dilemma of Albie Sachs: ANC Constitutionalism and the Death of Thami Zulu, by Paul Trewhela, Searchlight South Africa [PDF: www.scribd.com/doc/32957509]

[157] (i) The Denton Hearings. This report by Jeremiah Denton, Chairman of the Subcommittee on Security and Terrorism of the Committee on the Judiciary, U.S. Senate, states in the Letter of Transmittal : "I feel that a review and analysis of the material which has been compiled will be of substantial assistance to those who desire to have a fuller understanding of the part that the Soviet Union and its proxy states play in international terrorism and national liberation movements such as SWAPO and the ANC".”; (ii) The Aida Parker Newsletter: Issue No. 200: October 1996: “Prisoners dealt with the 1982 hearings scheduled in Washington by one-time Republican Senator Jeremiah Denton of Alabama. Testimony heard before the Denton Committee on security and terrorism in SA disclosed the existence of a strategy to seize power by force and terror. The first tactic, of course, was to kill Black South Africans who disagreed with the ANC strategy of revolution.”

[158] Assessment of the Probable Results of Activities of the Truth and Reconciliation Commission (TRC) as perceived by Former Chiefs of the SADF IRO the SADF, by SA Defence Force Contact Bureau [PDF: www.scribd.com/doc/34381488]



D. Did ‘Evil Apartheid’ raise Black living standards to Highest in Africa?

“Most people overseas were still under the impression that the policy of separate development was aimed at keeping the Bantu down. They did not realise that the policy was aimed at uplifting them.” – R.J. Stratford, Former Opposition MP[159]

“Until I have found an alternative policy which would do greater justice to all concerned – and I cannot – I do not propose to criticise South Africa’s policy.” – Sir Carl Berendson, former New Zealand Ambassador, after a two months tour of South Africa [160]

“Apartheid is conceived of by the government of South Africa as a ‘separate and parallel’ development, and to implement it the government is creating Bantu states, where complete self-government will be not only permitted but encouraged, after a period of transition. The ultimate objective will be a dual commonwealth in which the Bantustans will be constituent units… Self government is to be developed on the basis of tribal traditions, the objective being full democracy, but in the form most readily assimilated by the African…” – Clarence B. Randall, advisor to President Kennedy [161]

58. Yosef Lapide, a journalist for the Tel Aviv newspaper Ma’Ariv’s wrote:

Well, the so called liberated African states are, with a few exceptions, a bad joke and an insult to human dignity. They are run by a bunch of corrupt rulers, some of whom, Like Idi Amin of Uganda, are mad according to all the rules of psychiatry. I feel unburdened when I say this; I wanted to say this all these years, and all these years I had the feeling that we fool the public when, for reasons of diplomacy, we do not tell them that the majority of black African states are one nauseating mess.

The lowliest of Negroes in South Africa has more civil rights than the greatest Soviet author. The most oppressed negro in South Africa has more to eat than millions of Africans in “Liberated” countries. The people advocating “progress”, who were so worried about the rights of the majority in South Africa, have never raised their voices for the majority in Hungary or in Cuba, in Red China or in Egypt. In half a dozen states-including Ethiopia-thousands of persons die every day of hunger, while the rulers travel by Cadillac and steal food that is being sent to aid their subjects.

Only in the sick minds of “progressives” do the babies die of starvation with a smile on their lips, because the ruler who starves them to death has a black skin. [162]

59. Although Verwoerd’s Apartheid “launched the greatest programme of socio-economic upliftment for non-whites that South Africa had ever seen,”[163] which raised poor blacks living standards to the highest in Africa[164], granting them greater self-determination under Afrikaners[165], than other minority black tribes in Africa enjoyed under majority black rule. This did not sit well with the OAU, who founded the OAU Liberation Committee, to assist in “forging an international consensus against apartheid.”[166] It claims it was devoted to eradicating all traces of colonialism to benefit Africans ‘self determination’; but it “rejected post-independence claims to self-determination in Biafra, Katanga, southern Sudan, Shaba and Eritrea”[167], and the Sahrawi people’s right to self determination[168]. The OAU’s collective effort to rid Africa of apartheid meant it “played an influential role in the UN to ensure an arms embargo, economic sanctions, condemnation of South Africa’s main trade partners and the non-recognition of the “homelands”.”[169](own emphasis)

60. In 1961, then foreign minister of SA, Eric Louw presented to the UN a factual comparison of the living conditions of blacks in South Africa compared to other African states. He proved that Blacks in SA had a higher per capita income, better educational opportunities[170], far superior medical and social services and altogether a higher standard of living than anywhere in Africa. In response, the OAU engineered a motion of censure against him (first of its kind) and his speech was struck from the record. Even “The Washington Post”, who regularly criticized South Africa, noted:

“Nothing that South Africa has done and nothing that its representatives said, justified the mob-like censure which the United Nations visited upon that country and its Foreign Minister, Mr Eric Louw.”

61. By 1978, “Soweto alone had more cars, taxis, schools, churches and sport facilities than most independent countries in Africa. The Blacks of South Africa had more private vehicles than the entire white population of the USSR at the time.”[171]

62. According to British political commentator Simon Jenkins, writing in the London Spectator, on 07 May 1994 (reprinted Aida Parker Newsletter # 208):

For the Blacks.. apartheid will be …. the Great Excuse. White rule may have been nasty and brutish, but it disciplined the SA economy and made it rich. SA has for 20 years out-performed every ‘liberated’ state in Africa. Politically correct academics claim White rule held SA back by stifling Black education and advancement. I don’t believe it. Apartheid may have been crude and cruel, but it was no more than an elite entrenching its economic power. The ‘trickle-down’ worked.

"The incomes of Blacks were well above those elsewhere on the continent, which explained the heavy migration of Blacks into SA throughout the apartheid period. As Third World economies go, SA was a thundering success. The massive redistribution of wealth promised by the ANC threatens that success. So a reason for incipient failure must be found in advance.

Mr Mandela is human. He cannot admit that in African terms White rule was an economic success…... If a school is ill-equipped, a housing estate without sewerage, a mob unemployed, it will be ‘the legacy of apartheid.’ Every inequality of income, every injustice detected by trade unionist or … journalist will be put down to apartheid.

Apartheid was horrible. It acknowledged, albeit crudely, the racial distinctions ordinary people acknowledge. It made the implicit explicit. There was no pretence at a melting pot. Now the explicit must be suppressed, but the legacy of racial frankness will not disappear just because legal apartheid is dead. The new SA is not a raceless community, any more than Britain is a classless one. It will still be run mostly by Whites, and Blacks will still be at the bottom of the ladder. Democracy will give a new tilt to the conflict. But all South Africans will be glad to have in their knapsack the Great Excuse. Apartheid will be a marvellous friend in need."

[159] 1964-01-10: ICJ: Counter-Memorial of Gov. of SA (Book I-IV), p 493: The Pretoria News, 1963, p.1; from: SOUTH-WEST AFRICA (Ethiopia v. South Africa; Liberia v. South Africa) [ICJ: www.icj-cij.org/docket/index.php?p1=3&p2=3&k=f2&case=46]

[160] 1964-01-10: ICJ: (Book I-IV), p. 494: The Evening Post (New Zealand), 4 Dec 1962; Ibid (www.icj-cij.org)

[161] 1964-01-10: ICJ: (Book I-IV), p. 494: South Africa Needs Time, Atlantic Monthly, May 1963 Ibid (www.icj-cij.org)

[162] History in the Making: World Conflict in the Twentieth Century, S.M. Harrison, 1987; as quoted in Opening Pandora’s Apartheid Box – Part 18 – Hypocrisy at The United Nations, Mike Smith Political Commentary Blog (www.mspoliticalcommentary.blogspot.com)

[163] Open Letter from Jaap Marais, Leader of the HNP, to President Clinton, the Whitehouse, 14 January 1999: “This is a picture of the country which under Verwoerd had the second highest economic growth rate in the world (7,9% per year), an average inflation rate of 2 per cent, was accommodating new labour in the formal sector at 73,6 per cent per year, and enabled the living standards of Blacks in the industrial sector to rise at 5,3 per cent per year as against those of Whites at 3,9 per cent per year. The Financial Mail published a special survey entitled "The fabulous years: 1961-66". …. Jan Botha wrote, Verwoerd "had launched the greatest programme of socio-economic upliftment for the non-Whites that South Africa had ever seen".” [PDF: www.scribd.com/doc/34463257]

[164] Was Apartheid Really The Most Evil Regime In The World?, by Albert Bremmer, 10/08/2007: “Did you know that the life expectancy of black South Africans nearly equaled that of Europeans during the last decade of Apartheid? Did you know that the black population nearly trebled during Apartheid? Did you know that black South Africans had the highest per capita income and education levels in Africa during Apartheid?” [PDF: www.scribd.com/doc/34381274]

[165] Salute the bravery and vision of SA’s founders, Meshack Mabogoane, Business Day, 2010/05/05: “Undoubtedly, racial inequity existed and full democracy was absent. But social, health and material provisions — the best in Africa — existed for black people. Long before 1994, blacks had voted directly, at least, for urban and rural councils and executives — izibonda and bungas. Now all races don’t even vote for central and provincial legislators but for mere party representatives.” [PDF: www.scribd.com/doc/34463315]

[166] Cervenka, Z; The unfinished quest for unity: Africa and the OAU, New York, Africana Publishing Company (1977) p.45

[167] Eritrea won its independence in 1991, despite the OAU’s lack of support for the application of the principle of self determination in its case. Blay SKN Changing African perspectives on the right of self-determination in the wake of the Banjul Charter on Human and People’s Rights; 29 Journal of African Law (1985) p 152-153.

[168] Naldi, GJ, The Organisation of African Unity and the Saharan Arab Democratic Republic; 26 Journal of African Law (1982) p 152-157

[169] Andemicael Berhanykun The OAU & the UN: Relations between The Organization of African Unity and the United Nations (New York & London: Africana Publishing Company, 1976, 352 pp. (1976) 133-173; and Foltz & Widner in El-Ayouty & Zartman (eds) 1984) p. 263 - 269

[170] Opening Pandora’s Apartheid Box – Part 11– Bantu Education under Apartheid, by Mike Smith,: “Since 1970 the budget for black education was raised by about 30% per year every year. More than any other government department. In the period 1955 -1984 the amount of black school students increased 31 times from 35,000 to 1,096 000. 65% of black South African children were at school compared to Egypt 64%, Nigeria 57%, Ghana52%, Tanzania50% and Ethiopia 29%. Amongst the adults of South Africa, 71% could read and write (80% between the ages 12 and 22). Compare this to Kenya 47%, Egypt 38%, Nigeria 34% and Mozambique at 26%. In South Africa, the whites built 15 new classrooms for blacks every working day, every year. At 40 children per class it meant space for an additional 600 black students every day!!!” (www.mspoliticalcommentary.blogspot.com)




E. Apartheid: Crime Against Humanity; or Just War for Demographic Survival?

Massacre of the Innocents, by Rhodesia Min. of Info] (PDF)

63. Can ‘Just War’ Principles be Applied to Apartheid v. Liberation Struggle Conflict?: In Just War Theory[172], Alexander Moseley, explains that the doctrine of just war only holds for cultures who practice cultural equivalent codes of military honour[173]:

Historically, the just war tradition–a set of mutually agreed rules of combat—may be said to commonly evolve between two culturally similar enemies. That is, when an array of values are shared between two warring peoples, we often find that they implicitly or explicitly agree upon limits to their warfare. But when enemies differ greatly because of different religious beliefs, race, or language, and as such they see each other as “less than human”, war conventions are rarely applied.

64. However, the ANC and TRC ignore the huge differences in cultural concepts of military honour, insist on their ‘Just War’, of the ‘crime of apartheid’. In 1962 Liberia and Ethiopia brought ‘crimes of apartheid’ charges against S. Africa for practicing the crime of apartheid in South West Africa[174]. SA delivered a written presentation of 3000 pages, called 15 expert witnesses who testified that fifty countries practiced a form of apartheid between groups, classes or races forty of them members of the UN at the time, including Ethiopia and Liberia. The petitioners refused to appear in person to testify and be cross examined, even though S. Africa offered to pay all their expenses. S. Africa was found not guilty of practicing the ‘crime of apartheid’ in Namibia.

“It was specified in Article 22 of the Covenant that the "best method of giving practical effect to [the] principle" that the "well-being and development" of those peoples in former enemy colonies "not yet able to stand by themselves"… was that "the tutelage of such peoples should be entrusted to advanced nations . . . who are willing to accept it."[175]

65. Irrespective ten years to the day of the ICJ ruling, the UN issued their Convention on the Suppression and Punishment of the Crime of Apartheid[176]:

The Apartheid Convention was the ultimate step in the condemnation of apartheid as it not only declared that apartheid was unlawful because it violated the Charter of the United Nations, but in addition it declared apartheid to be criminal. The Apartheid Convention was adopted by the General Assembly on 30 November 1973, by 91 votes in favour, four against (Portugal, South Africa, the United Kingdom and the United States) and 26 abstentions. It came into force on 18 July 1976.

As of August 2008, it has been ratified by 107 States. Although consideration was given in 1980 to the establishment of a special international criminal court to try persons for the crime of apartheid (E/CN.4/1426 (1981)), no such court was established.

No one was prosecuted for the crime of apartheid while apartheid lasted in South Africa. And no one has since been prosecuted for the crime.

66. No Apartheid Official has ever been convicted of the ‘crime of apartheid’[177], a fact ignored by the falsify-facts ‘point at a deer and call it a horse’[178] political and media et al elite. Consider in comparison how billions are ignorant – thanks to media censorship – of the fact that according to a 24 June 2010 statement from the Zug Swiss Prosecutors Office ‘Senior FIFA Officials were centrally involved in the biggest and most spectacular bribery scandal in Olympic history’, involving CFH 138 million[179]. A half-truth propagandized, a fact censored: The media power to ‘manufacture our social and political world[180], to worship corrupt Pharisees and scapegoat honest prophets.

67. ‘Crime of Apartheid’ TRC Commissioners lacked cultural equivalent code of military honour[181] or philosophical courage[182], to impartially enquire into demographic motives of Apartheid; unable to “accept that, irrespective of the methods used, both sides performed their duties bona fide, in what they perceived to be service to their respective political masters,”[183] that “no single side in the conflict of the past has a monopoly of virtue or should bear responsibility for all the abuses that occurred”[184].

[171] Opening Pandora’s Apartheid Box – Part 9 – The lies about the Townships, Mike Smith Political Commentary: “At the height of Apartheid in 1978 Soweto had 115 Football fields, 3 Rugby fields, 4 athletic tracks, 11 Cricket fields, 2 Golf courses, 47 Tennis courts, 7 swimming pools built to Olympic standards, 5 Bowling alleys, 81 Netball fields, 39 children play parks, and countless civic halls, movie houses and clubhouses. In addition to this, Soweto had 300 churches, 365 schools, 2 Technical Colleges, 8 clinics, 63 child day care centres, 11 Post Offices, & its own fruit and vegetable market. There were 2300 registered companies that belonged to black businessmen, about 1000 private taxi companies. 3% of the 50,000 vehicle owners in 1978 were Mercedes Benz owners. Soweto alone had more cars, taxis, schools, churches and sport facilities than most independent countries in Africa. The Blacks of South Africa had more private vehicles than the entire white population of the USSR at the time.” (www.mspoliticalcommentary.blogspot.com)

[172] Just War Theory, by Alexander Mosele [PDF: www.scribd.com/doc/34462302]

[173] Rain Liivoja. 2010. Chivalry without a Horse: Military Honour and the Modern Law of Armed Conflict submitted to the Proceedings of the Estonian National Defence College. Available at: http://works.bepress.com/rain_liivoja/15: “If we strip chivalry of its romantic overtones and literary hyperbole, we find a code of conduct that held currency among the military elite of the era. At the core of this code stood an ideal that was certainly not characteristic to the Middle Ages alone: '[c]hivalry was often no more, and no less, than the sentiment of honour in its medieval guise.' Thus, to speak of chivalry is to speak of a military code of honour.... Honour, moreover, has played a key role in military thinking over millennia, so it does not seem out of place to talk about it with reference to modern warfare. There is also another, in some sense more concrete, link between chivalry and the modern law of armed conflict. The law that might be called 'modern' began life in the second half of the 19th century with the adoption of a number of important documents -- the Lieber Code in 1861, the Brussels Declaration in 1874, the Oxford Manual in 1880, and the Hague Regulations in 1899. ... The basic rules of armed conflict were not invented in the late 19th century: one of their most significant sources was the medieval code of chivalry.”

[174] 1964-01-10: ICJ: Ibid (www.icj-cij.org): Application Instituting Proceedings, 4 November 1960

[175] 1964-01-10: ICJ: Ibid (www.icj-cij.org): Summary of the Summary of the Judgment of 18 July 1966

[176] Dugard, John: Convention on the Suppression and Punishment of the Crime of Apartheid, Professor of International Law, Department of Public Law, Faculty of Law, University of Leiden [PDF: www.scribd.com/doc/34462304]

[177] Dugard, John, Ibid

[178] The Asch conformity experiments are also known as the "Asch Paradigm". The Asch experiments may provide some vivid empirical evidence relevant to some of the ideas raised in George Orwell's Nineteen Eighty-Four (see 2 + 2 = 5). This also helps illustrate the concept of "point at a deer and call it a horse". [PDF: www.scribd.com/doc/34292822]

[179] Prosecutor's office links FIFA officials to bribery scandal: Senior FIFA Officials were centrally involved in the biggest and most spectacular bribery scandal in Olympic history, Swiss prosecutor's office confirms, 24 June 2010, by Jens Weinreich, Play the Game; Zug Canton: Zuger Polizei: Verfahren nach Wiedergutmachung eingestellt (Statement from the Zug Prosecutor’s Office), Do, 24.06.2010; The ISL bribery system: 138 million CHF for senior officials in the Olympic world, by Jens Weinreich, 16 Juni 2009; Is FIFA an Organised Crime Family?, by Andrew Jennings, Transparency in Sport [PDF: www.scribd.com/doc/34464210]

[180] Ben Bagdikian, The New Media Monopoly (Boston, Beacon, 2004), 4, 9.: “No imperial ruler in past history had multiple media channels that included television and satellite channels that can permeate entire societies with controlled sights and sounds. …Big media corporations] control every means by which the population learns of its society. ...media products are unique in one vital respect. They do not manufacture nuts and bolts: they manufacture a social and political world.”

[181] Rain Liivoja. 2010. Chivalry without a Horse: Military Honour & Modern Law of Armed Conflict, Ibid

[182] The Role of Philosophical Courage in Philosophical Counseling, by Hakam Al-Shawi: “..l suggest that this transformational process requires at least one necessary ingredient without which philosophical counseling would not be possible. Whether implicitly or explicitly, both counselor and client need the virtue of courage in its form as “philosophical courage” in order for the counseling to be successful. Moreover, the degree of such courage in both client and counselor will determine the extent to which issues are brought into question…… there is another form of courage—philosophical courage—required of individuals in dealing with their most fundamental beliefs and values. ….. I believe the best way to demarcate roughly the different forms of courage, is through an analysis of the cost involved with each form of the virtue…. First, with physical courage, the possible cost involved, at the extreme, is the physical loss of life…. Second, with moral courage, the possible cost is social rejection and isolation and/or a loss of “ethical integrity or authenticity. Third, with “psychological courage,” the possible cost perceived by the individual is “psychic death.” …. And fourth, with “philosophical courage” the possible cost is philosophical instability where one’s most fundamental beliefs and values are brought into doubt. … it demands of the individual a confrontation with fundamental beliefs and values” [PDF: www.scribd.com/doc/34457982]

[183] Submission to the Truth and Reconciliation Comm. by SADF General Magnus Malan [PDF: www.scribd.com/doc/34462172]

[184] Submission to the Truth and Reconciliation Comm. by Mr. F.W de Klerk, National Party [PDF: www.scribd.com/doc/34462184]



F. Nature & Causes of Apartheid: A Just War for Demographic Survival?:

Red for Danger, by Rhodesia Min. of Info (PDF)

68. In response to questions from the TRC about the motives for apartheid, FW de Klerk[185] clarified the Afrikaners very rational demographic ‘swart gevaar’ motives and fears:

As far as relations with the other peoples of South Africa were concerned, the National Party believed initially that its interests could be best served by following a policy of "separateness" - or apartheid. It felt that, only in this manner, would the whites in general - and Afrikaners in particular - avoid being overwhelmed by the numerical superiority of the black peoples of our country. Only in this manner would they be able to maintain their own identity and their right to rule themselves. It persuaded itself that such a policy was morally defensible and in the interest of the other peoples of South Africa, because any other course would inevitably lead to inter-racial conflict. (own emphasis)

69. Verwoerd described the motives, practices and policies for apartheid, aka separate development, or Harmonious Multi-Community Development[186], and Live and Let Live[187] in depth, in the submissions to the ICJ on S.W. Africa, about the ‘superiority of numbers of the Natives’[188]. As declared by Dr. Malan’s National Party in 1947[189]:

It [apartheid] is a policy which sets itself the task of preserving and safeguarding the racial identity of the White population of the country, of likewise preserving and safeguarding the identity of the indigenous people’s as separate racial groups, with opportunities to develop into self-governing national units; of fostering the inculcation of national consciousness, self-esteem and mutual regard among the various races of the country.

The choice before us is one of these two divergent courses: either that of integration, which would in the long run amount to national suicide on the part of the Whites; or that of apartheid, which professes to preserve the identity and safeguard the future of every race, with complete scope for everyone to develop within its own sphere while maintaining its distinctive national character.

70. SAIRR Surveys, repeatedly document Apartheid authorities concerns with rapid black population growth as causal factors for socio-economic and political realities:

In the 1989 SAIRR Race Relations Report[190], we are informed that the Chairman of the Council for Population Development, Professor JP de Lange, claimed that population growth was South Africa’s ‘ticking time bomb’, and South Africa within two decades South Africa would find itself in a dilemma where its resources and socio-economic capabilities would be insufficient for its population, which would give rise to total social disintegration, unemployment, poverty, and misery which would become unmanageable, even in the best of constitutional dispensations. He urgently urged a birth rate of 2.1 or less children per woman per year. The Population Development Program recognized that a direct relationship existed between standard of living, an effective family planning and population growth.

In a 1992/93 Race Relations Survey[191] by the South African Institute of Race Relations (SAIRR), we are told that the high population growth is the cause of growth in poverty, unemployment and squatter camps, and most of the serious problems in South Africa; Population pressures are destroying the environment; the IFP and FRD call for ethics of 2 children per family as urgent population control priority; Population Growth outstrips Economic Growth for many years, and blacks avoid participation in family planning programs.[192]

71. Strategic Demographic ‘Swart Gevaar’ & ‘Friction Theory’ Motivations for Apartheid: In Outcast Cape Town[193], social geographer, John Western writes:

Outcast Cape Town investigates how Apartheid came to be, the roots of apartheid, traced back to Cape Town’s establishment in the mid-seventeenth century, and the many social, geopolitical, demographic, political, racial, etc. factors which contributed to Apartheid. For Apartheid was not inevitable. Had certain demographic factors been different, it may not have occurred. Had it managed to avoid its massive problems of demographic surges and attendant unemployment, these different factors and sequences of events might have brought more similar societal results to other parts of the world, with similar factors. Even once apartheid was legislated, the ‘Nationalists with all their Sowetos could hardly keep up with the Black demographic realities of rural-urban migration and absolute population increase. At immense cost, they as it were ran as fast as they could, only to stay in the same place.’ (p.xix)

It could be anticipated that, if a White power-holding minority were to enact segregative laws for urban areas through a motive of fear for its future security, it would first enact them against those whom it perceived to be the greatest threat. These would be the Black Africans – the swart gevaar – who are not only those who greatly outnumber the Whites in the land, but are also those who have seemed most culturally dissimilar…. (p.45)

The Strategic Motive:

There are, then, more profound reasons for groups areas than the minister of community development chose to advance. The outnumbering of Whites by Nonwhites in the country as a whole and in the cities in particular continues to grow more marked. A parallel can be drawn with the fears of the upper, ruling classes of Britain when they were confronted with that totally novel and therefore unpredictable phenomenon, the great industrial city as epitomized by Manchester. Of this city in 1842 W. Cooke Taylor wrote (p.6):

“[One] cannot contemplate those “crowded hives” without feelings of anxiety and apprehension almost amounting to dismay. The population is hourly increasing in breadth and strength. It is an aggregate of masses, our conceptions of which clothe themselves in terms that express something portentous and fearful……”

As a description of the White South African’s widespread fear of the urban swart gevaar, this passage can hardly be bettered. Then years, earlier, another commentator viewing Manchester had warned of

“the evils of poverty and pestilence among the working classes of the close alleys, … where pauperism and disease congregate round the source of social discontent and political disorder in the centre of our large towns.”

Here is the strategic motive, which is indeed one of the two primary underpinnings of the group areas conception. (Pg 74)

Of twentieth-century South Africa, van den Berghe (1966, p 411) is firm in his agreement:

“The older non-white shanty towns with their maze of narrow, tortuous alleys were often located close to White residential or business districts; they are now systematically being razed as a major military hazard… The new ghetto’s are typically situated several miles from the White towns, with a buffer zone inbetween. (Pg 74)

Adam (1971, p. 123) also considered that,

“since the widespread unrest of the early sixties, white rule is efficiently prepared for internal conflicts. The design and location of African townships has been planned on the basis of strategic considerations. Within a short time such a location could be cordoned off, and in its open streets any resistance could be easily smashed.” (p.75)

Surely no more striking proof of this can be found than the expressed opinions of the government minister in charge of the security system within South Africa. Jimmy Kruger, minister of justice, when interviewed by the Financial Gazette, on the possibilities of urban guerrilla warfare,

said he did not think an organized campaign would get off the ground. One of the big advantages was that the residential areas were segregated. Overseas, urban terrorism was largely sparked off by a mixture of mutually antagonistic groups within a limited geographical area, and this was often accentuated by overcrowding. “We have fortunately managed to avoid this here,” said Mr. Kruger (South African Digest, 2 September 1977).

Whether or not we agree with his analysis of the causes of urban guerrilla warfare, which predictably leans on the soc-called “friction theory” (see p.85), the strategic motive for group areas segregation has been made crystal clear.
Leo Kuper (1956) commented:

“The danger is in numerical preponderance of the non-whites. It is a threat, however, only if the non-whites are united… The Group Areas Act (1950) gives the Governor-General [now the state president] the necessary power to subdivide Coloureds and Natives but not whites…” (p77)

… A central justification for [Apartheid s racial residential segregation] viewpoint, that segregation is in the interest of all, is enshrined in the “friction theory.” The belief is simply that any contact between the races inevitably produces conflict. Thus, the minister of the interior, introducing the group areas bill to Parliament on 14 June 1950, stated:

Now this, as I say, is designed to eliminate friction between the races in the Union because we believe, and believe strongly, that points of contact – all unnecessary points of contact – between the races must be avoided. If you reduce the number of points of contact to the minimum, you reduce the possibility of friction… The result of putting people of different races together is to cause racial trouble.

… The friction theory has some measure of sense to it, as may be illustrated by once again returning to the work of Robert Sommer (1969, pp 12, 14 and 15), who wrote:

[Animal studies] show that both territoriality and dominance behaviour are ways of maintaining social order, and when one system cannot function, the other takes over… Group territories keep individual groups apart and thereby preserve the integrity of the troop, whereas dominance is the basis for intragroup relationships… Group territoriality is expressed in national and local boundaries, a segregation into defined areas that reduces conflict.

Epilogue

In the new South Africa one might think that managing the population surge is now delinked from political pressures. That is, we no longer deal with a White minority government fearful of demographic swamping by an ever-growing Black African majority. The whites have now been “swamped”…There’s no more looming swart gevaar – ….. for it has already arrived… So, surely, the population surge is simply a technical problem for the well-intentioned technocrat? (p. 333)

The Double Drawbridge

In June 1996, however, one politically connected Capetonian opined to me that population control was far too hot a potato for any Black African politician to touch. At least two considerations – in addition to what many North Americans might term a generally conservative African ethos celebrating procreation – are in play here. Both point up my error in assuming there’s no more swart gevaar. For after three weeks in Cape Town I do believe there are at least two ways in which the swart gevaar may be said to loom still, promoting unease in many a South African heart.

72. He proceeds to refer to the Deracialized Swart Gevaar Redux, the massive influx of “foreign Africans”, into post-Apartheid S. Africa; the aggravation of these illegal immigrants to population pressures collision with scarce employment and resources, and the ‘friction theory’ consequences; what is currently referred to in S. Africa as ‘Xenophobia Attacks’. In Welfare state gives rise to xenophobic violence[194], SA’s African Galileo, Meshack Mabogoane, documents the motives for corrupt politicians to welcome illegal foreigners regardless of deteriorating social, economic and health facilities that are reeling under the weight of an exploding population:

Absorbing millions of foreigners into a country that is still relatively poor, and in which more people are increasingly dependent on state grants for basic subsistence, is unpatriotic, dishonest and ridiculous. These foreigners come from countries that squander their resources and deliberately destroy economies — let alone develop them. A genuine regional power would address this.

These issues are not moral but material. The ruling regime encourages teenage girls, for example, to have children — for which the state pays child grants of R100bn a year — and this is presented as “human rights” and “welfare”. Now millions of poor foreigners produce babies to receive child grants too, and compete for jobs and houses — the universal causes of real xenophobia. Such welfare programmes will stir real xenophobic attacks, as some of these “human rights” have engendered social degeneration.

73. In Stalking the Wild Taboo[195], Garrett Hardin deals with the concept of competition, a process that is inescapable in societies living in a finite resource world, and the competitive exclusion principle.

The meaning of this principle can be easily explained in a strictly biological setting. Suppose one introduces into the same region two different species that inhabit the same “ecological niche”. If, by hypothesis, two species occupy exactly the same ecological niche, then all that one species needs to know to predict the ultimate outcome of their competition is the rates at which they reproduce in this ecological niche. If one of them reproduces at a rate of 2 percent per year while the other reproduces at a rate of 3 percent, the ratio of the numbers of the faster reproducing species to the numbers of the slower will increase year by year. In fact, since their rates of reproduction, like compound interest, are exponential functions, a little algebra shows that the ratio of the two exponential functions is itself an exponential function. The ratio of the faster species to the slower species increases without limit. If the environment is finite – and it always is finite – the total number of organisms that can be supported by this environment is also finite. Since the size of the population of a species can never be less than one individual, this means that ultimately the slower breeding species will be completely eliminated from the environment. This will be true no matter how slight the difference in the rate of reproduction of the two species. Only a mathematically exact quality in their rates would ensure their continued coexistence, and such an exact equality is inconceivable in the real world. As a consequence, two species that occupy exactly the same ecological niche cannot coexist indefinitely in the same geographical area.

74. Even SAHistory.org in Grade 12: Africa in the Twentieth Century: Economic[196], is frank about the consequences of high population growths socio-economic consequences of poverty, unemployment, etc. But the ‘crime of apartheid’ TRC avoided an enquiry into Apartheid ‘swart gevaar’ demographic motives, and ANC ‘population production’ breeding factories, on their ‘racial-Boer-scapegoat’ march.

Especially evening assemblies girls had to attend as well: “They would come into the house and tell us we should go. They didn't ask your mother they just said ‘come let's go.’ You would just have to go with them. They would threaten you with their belts and ultimately you would think that if you refused, they would beat you. Our parents were afraid of them” (quoted by Delius 1996:189).

All those opposing the wishes of the young men were reminded, that it was every woman’s obligation to give birth to new “soldiers”, in order to replace those warriors killed in the liberation struggle. The idiom of the adolescents referred to these patriotic efforts as “operation production”. Because of exactly this reason it was forbidden for the girls to use contraceptives. (Delius 1996:189; Niehaus 1999:250)[197]

[185] Second Submission of the National Party to the Truth and Reconciliation Commission [PDF: www.scribd.com/doc/34462184]

[186] Dr. Eiselen, W.W.M., “Harmonious Multi-Community Development”, in Optima, Mar. 1959, p.1. Dr. Eiselen was at that time Secretary for Bantu Administration and Development.

[187] Address by the South African Prime Minister, Dr. H.F. Verwoerd, address to the SA Club, London, in Fact Paper 91, Apr. 1961, p.14

[188] 1964-01-10: ICJ: Ibid (www.icj-cij.org): Counter-Memorial filed by Gov. of the Rep. of S. Africa (Books I-IV), p.463

[189] 1964-01-10: ICJ: Ibid (www.icj-cij.org): Counter-Memorial filed by Gov. of the Rep. of S. Africa (Books I-IV), p.473

[190] Cooper C, et.al, Race Relations Survey 1989/90, (Jhb: SAIRR) 1990. [PDF: www.scribd.com/doc/33820505]

[191] Cooper, C et. al., Race Relations Survey 1992/93, (Jhb: SAIRR) 1993. [PDF: www.scribd.com/doc/33820596]

[192] UA: F.1. Population Explosion Concerns during Apartheid [PDF: www.scribd.com/doc/32739548]

[193] Outcast Cape Town, by John Western, University of California Press (June 1, 1997); See also: The Lie of Apartheid, by Arthur Kemp, Lulu.com (December 28, 2008): (Chapter 1, of The Lie of Apartheid and other true stories from Southern Africa)

[194] MESHACK MABOGOANE: Welfare state gives rise to xenophobic violence, Business Day, 2010/07/14; More welfare recipients than workers – Schussler, Sapa, 01 July 2010; SA biggest welfare state in world: economist, City Press, 2010-02-18; Minister defends welfare system, SAPA/News 24, 2010-02-23 [PDF: www.scribd.com/doc/34461035]

[195] Stalking the Wild Taboo, by Garrett Hardin: Part 4: Competition: (20) Competition, a Tabooed Idea in Sociology; (21) The Cybernetics of Competition; (22) Population, Biology and the Law; (23) Population Skeletons in the Environmental Closet; (24) The Survival of Nations and Civilisations (www.garretthardinsociety.org)

[196] SAHistory.org: Grade 12: Africa in 20th Century: Economic: Overpopulation Problems [PDF: www.scribd.com/doc/34460518]

[197] Johannes Harnischfeger, Witchcraft and the State in South Africa * German version of published in Anthropopos, 95/ 2000, S. 99-112. [PDF: www.scribd.com/doc/34180512] See also Women in the ANC and SWAPO: sexual abuse of young women in the ANC camps, by Olefile Samuel Mngqibisa [PDF: www.scribd.com/doc/32956931]



G. Farm Murders: A Rainbow-TRC-Peace, or Racial-Hatred-War Reality?

Farmer at War, by Trevor Grundy & Bernard Miller [Rhodesia Min of Info] (PDF) [The Farmer at War was published in Rhodesia in 1979 while the Lancaster House talks were in process. It describes the embattled position of the farmers in 1979 and, even more relevant today, concludes that without the farms and farmers there was no future for the country. Includes photos and a Roll of Honour of Farmers and their families killed up to 1979.]

75. Political Climate of Farm Murders: According to (2.5 x 52 x 16)[198] Eugene Ney Eugene Terreblanche is murdered farmer number 2080 since the April 1994 TRC social contract brought S. Africans ‘peace and human rights’ (sic). By way of comparison:

• In the 1950’s Mau Mau War in Kenya, the official number of ‘European settlers’ killed was 32[199], of which a dozen were said to be farmers.
  
  
• During the 15 year Rhodesian war, 260 white farmers were murdered[200].
  
  
• In South Africa, between 1970 and 1994, in 24 years, while the ANC was "at war" with the white minority goverment, sixty white farmers were killed.

76. The July 2003 Report of the Committee of Enquiry into Farm Attacks[201], details:

The Committee also interviewed 15 … state advocates in Bloemfontein, Capetown, Kimberley, Pietermaritzburg and Pretoria. They were unanimously of the view that .... the degree of violence and cruelty during farm attacks was exceedingly high. Most state advocates attributed this extreme violence to racial hatred. [202]

Features of specific farm attacks culled from NICOC and other security agency reports, such as utterances by attackers, gratuitous violence and the fact that the attackers did not steal anything, are cited in support of this [Land related intimidation, racism, hatred, revenge and politics] interpretation. There is also reference to perceived racial hatred stemming from the historic relationship between blacks and whites in South Africa, and a desire for retaliation for past injustices. [203]

In his book Midlands, Steinberg, while acknowledging that the motive in the majority of farm attacks appears to be robbery, supports the theory that the imperative to reclaim land lost through colonial dispossession is a key factor in some of the post-1994 attacks, which ‘tamper with the boundary between acquisitive crime and racial hatred’. He talks of ‘a racial frontier’ and claims that the perpetrators of a farm attack did so ‘to push the boundary back, a campaign their forebears had begun in the closing years of the nineteenth century and which their great-grandchildren believed was their destiny, as the generation to witness apartheid’s demise, to finish’.[204]

77. According to Johnny Steinberg, in his book The Number[205], those who act on the ANC’s cultural heritage of ‘Kill Farmers’, are accorded with automatic membership -- prison and street-cred status -- of the 27’s gang. Put differently, if you adhere to gang-culture and in accordance with such gang culture, Kill a Farmer (Boer) in South Africa, then you are rewarded with automatic membership of the 27's gang.

78. The 2080 farm murders have occurred in a country officially allegedly at peace, after having achieved alleged 'reconciliation', indicate that the "rainbow reconciled nation" is nothing but an illusion not reflected in evidentiary facts and reality on the ground. People who have forgiven each other, or are participating in such a conversation, collaborate to address and eliminate the root causes of their dispute, they don’t murder, rape and torture those they allegedly forgave, in order to rob them; unless their definition for ‘forgiveness’ is ‘murder, rape and torture’.

79. When Archbishop Tutu said the Truth and Reconciliation Commission had failed[206] (perhaps because it was a ‘get the big fish’ vengeance commission, instead of a rainbow perspectives revolution of forgiveness consciousness commission?); was he referring to acts like that of Joseph Hlongwane, 22, when he brutally tortured and murdered his employers Alice, 76 and Helen, 57 Lotter, and the English media censored the incomprehensibly brutal murder and trial?[207]

[198] Anatomy of a farm murder, by Vuvu Vena, Mail and Guardian, Apr 08 2010: “AgriSA, the South African Agricultural Union, recorded 1 541 murders and 10 151 attacks in the period from 1994 to 2008 -- an average of 0,3 murders a day. The Transvaal Agricultural Union (TAU) recorded 1 266 murders and 2070 attacks in the period from 1991 to 2009 -- an average of 0.2 murders a day. The Institute for Security Studies of the University of Pretoria, using statistics provided by TAU in June last year, reported 1 073 murders and 1 813 attacks in the period from 1993 to 2009 -- an average of 0,2 murders a day.” [PDF: www.scribd.com/doc/34460479]

[199] Anderson, David (2005). Histories of the Hanged: The Dirty War in Kenya & the End of Empire. London: Weidenfeld and Nicolson. (p.4)

[200] The Farmer At War, Trevor Grundy and Bernard Miller, Modern Farming Publ., Salisbury 1979 [PDF: www.scribd.com/doc/34381393]

[201] Great SA Land Scandal and Farm Attack Report: [PDF File: www.scribd.com/document_collections/2333949]

[202] Farm Attack Report: Chapter 8: Investigating Officers and Prosecutors (p19) [PDF: www.scribd.com/doc/34458366]

[203] Farm Attack Report: Chapter 18: Conclusions and Recommendations (p 406) [PDF: www.scribd.com/doc/34458345]

[204] Farm Attack Report: Chapter 18: Conclusions and Recommendations (p 408-409) [PDF: www.scribd.com/doc/34458345]

[205] The Number: One man’s search for identity in the Cape underworld and prison gangs, Jonny Steinberg, Jonathan ball, 2004

[206] We've lost our pride – Tutu, Murray La Vita, Die Burger/News24, 2010-05-05; The Truth Commission’s chickens come home to roost, Business Day, 16 August 2007; The Rainbow Nation: Dead and buried?, David Bullard, Politicsweb, 28 April 2010; 10-04-27: WR: ANC is in Breach of TRC Social Contract: Open Letter to President Jacob Zuma, from Transvaal Agricultural Union (TAU), April 24 2010, Ben Marais, President TAU SA [PDF: www.scribd.com/doc/34460267]

[207] Tortured farm women’s gardener guilty, Adriana Stuijt, Censorbugbear, 09 June 2010; Bejaarde se gebed laaste woorde voor dood, Tom de Wet, Volksblad, 2010-06-01; Slagting van vroue beskryf, by Corne van Zyl, Nuus 24, 2010-06-02; Wreedaardigheid van moorde blyk uit verslae, Tom de Wet, Volksblad, 2010-06-03; Allanridge-vroue glo oor geld vermoor, Tom de Wet, Volksblad/Nuus 24, 2010-06-04; Tuinier skuldig aan 2 se dood, Corne van Zyl, Volksblad, 2010-06-09 [PDF: www.scribd.com/doc/34459264]

|| Intro || Part I || Part II || Part III || Part IV || Part V ||

» » » » [Excerpt: 10-07-18: Citizen v McBride: 1st Amicus: Heads of Argument: TRC's 'Crime of Apartheid' is Falsification of History (PDF)]