By Lehlohonolo Lehana.
A judicial inquest into the deaths of the “Cradock Four” began in the Eastern Cape Division of the High Court in Gqeberha on Monday.
The legal team for Joffel van der Westhuizen, the former commanding officer of the Eastern Province Command and one of those implicated in the killings, said the SA National Defence Force (SANDF) had refused to pay his legal costs.
Judge Thami Beshe ruled that, for the time being, witnesses may only testify about incriminating evidence available in public documents.
Van der Westhuizen’s legal team argued that it would be unfair for incriminating evidence to be led until his legal funding issues was resolved.
While the three police officers who are implicated and still alive have received funding for their legal representatives, their advocates said they had received their funding late and needed time to fully prepare.
The Cradock Four were anti-apartheid activists Fort Calata, Sicelo Mhlauli, Sparrow Mkonto and Matthew Goniwe.
They were returning to Cradock from Gqeberha (then known as Port Elizabeth) on 27 June 1985 when they were arrested at a roadblock manned by the Security Branch, assaulted and murdered.
There have been two previous inquests. The first, in 1987, concluded the men had been killed by “unknown persons”. No one was prosecuted.
The second, in 1993, presided over by former Eastern Cape Judge President Neville Zietsman, found the police were responsible for their deaths. Again, no individuals were named and no prosecutions followed.
During today’s proceedings the former vice chancellor of Nelson Mandela University, Professor Derrick Swartz, was the first witness called by the National Prosecuting Authority on the fourth day of the inquest into the deaths of the Cradock Four.
Swartz gave a chilling recount of the night Goniwe and others as he was among the last people to see them alive.
According to Swartz, they met with the Four in Gelvandale on matter of national and provincial importance and the meeting ran late.
He said, before Goniwe drove off that night, he offered that they sleep over, but Goniwe was adamant that he needs to get to his wife.
He said he then told Goniwe that they should not stop unless it was on the instruction of the police or traffic officials.
According to Swartz he assumed they were home and knew something was wrong when he received a call from Goniwe’s wife the next morning.
Speaking on the generational trauma Swartz said: “It was a terrible thing that happened to Goniwe and the comrades which we never received counselling for.”
Swartz described Goniwe as a gentleman who was considerate.
“We spent hours in my house debating on concepts. Goniwe loved reading, like me. And he loved his wife.”
Lukhanyo Calata, also took to the stand on Thursday and told the court that he was only three years old when his father was killed.
“The first memory I can recall of my father, was his funeral on the 20th of July 1985.”
He became emotional as he began recounting the impact that his father’s death had on him, his siblings, and the children of his father’s comrades.
“We have had to grow up with pieces of our souls missing,” he added.
He also expressed great dissatisfaction at the post-apartheid government.
“The betrayal of the post-apartheid government is what cuts the deepest.”
According to Calata, 49 people were identified as persons of interest by the previous inquests, and said that he did not think any of them were still alive.
“The inaction of the government has caused my father’s killers to go to their graves without being held accountable for the crimes they committed.”
The relatives of the Cradock Four are among 25 families who in January sued the government for not prosecuting apartheid-era killers. In April, president, Cyril Ramaphosa, set up an inquiry into whether past democratic governments interfered with investigations and prosecutions. However, the families have criticised the inquiry, as it has only fact-finding powers and cannot award damages.