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report to the minister of justice, advocate tshililo michael masutha, in the matter of dr. verwoerd's PDF

2193 Pages·2017·12.15 MB·English
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Preview report to the minister of justice, advocate tshililo michael masutha, in the matter of dr. verwoerd's

REPORT TO THE MINISTER OF JUSTICE, ADVOCATE TSHILILO MICHAEL MASUTHA, IN THE MATTER OF DR. VERWOERD’S ASSASSINATION By Harris Dousemetzis1 1 Harris Dousemetzis is a tutor at the School of Government and International Affairs at Durham University, England and a Fellow of the Higher Education Academy. He holds a PhD in politics (The Presidency of Jimmy Carter and the Emerging Politics of Gay Rights and Evangelical Religion) from the same university. The Report was edited by Gerard Loughran, a retired foreign correspondent for the US news agency, United Press International, who also spent eleven years in senior editorial capacities with the Nation group of newspapers in Nairobi, Kenya. INTRODUCTION At 2.15 p.m. on September 6, 1966, Dimitri Tsafendas stabbed to death, at his desk in the South African House of Assembly, Prime Minister Dr. Hendrik Verwoerd, the so-called “architect of apartheid.” Some forty days later, in a summary trial before the Cape Town Supreme Court, Tsafendas was declared to be schizophrenic and unfit to stand trial for the assassination. It was stated that he believed a tapeworm lived inside him which controlled his actions, and that he did not have any political motive for assassinating the Prime Minister. A subsequent Commission of Enquiry confirmed the court’s verdict and reaffirmed the largely negative evidence given at the trial as to Tsafendas’s character and behaviour. This report reveals that both the police and the Commission suppressed and manipulated evidence to provide a distorted picture of Tsafendas. It reveals that Tsafendas was nothing like the hopeless, shambolic person portrayed in Court and by the Commission of Enquiry. It demonstrates conclusively that Tsafendas was not schizophrenic and did not believe he had a tapeworm. That the tapeworm was a myth is shown by the fact that it is never mentioned in the transcripts of his interrogation; what these do show is Tsafendas giving clear political reasons for the assassination. Tsafendas considered Dr. Verwoerd to be not only a “tyrant” and a “dictator” but “the brains behind apartheid.” He reasoned, therefore, that if he was “removed,” the racist political system he had developed would collapse sooner or later and a “change of policy would take place” in South Africa. How the tapeworm came into the case, as well as how Tsafendas was declared to be schizophrenic, will be discussed in detail later. The study also shows the inaccuracy of the diagnosis of schizophrenia given by the doctors who examined Tsafendas before his trial. The evidence shows that Tsafendas was a modest, thoughtful, if emotional, man; a Communist with a lively social conscience and profound political convictions. We will see that Tsafendas was deeply political from a very young age and remained politically active until the assassination. He was arrested several times in Mozambique and Portugal for promoting Communism and denouncing colonialism. Due to his political activities, the Portuguese security police, PIDE, created a file on him (Secret Criminal Record no 10.415 of Demitrios Tsafantakis) as early as 1938, when he was just twenty-years old, when he was “suspected of distributing communist propaganda.” 1 PIDE’s very detailed file on Tsafendas totalled some 130 pages at the time of the assassination. Two days after Dr. Verwoerd’s assassination, the Chief Inspector of PIDE in Lisbon sent a top-secret telegram to the Sub-Director of PIDE in Mozambique, instructing him that any “information indicating Tsafendas as a partisan for the independence of your country should not be transmitted to the South African authorities, despite the relations that exist between your delegation and the South African Police.” PIDE played an important role in the case; this too will be examined here. The background and issues surrounding the assassination also appear in a markedly different light in the study. The study will reveal important and hitherto unknown information about Tsafendas’s life and political activities, for example his participation in the Greek Civil War on the side of the Communists. Work on this research started in 2009. It has examined at least 12,000 pages of documents found in the National Archives of South Africa, Portugal and Britain, the vast majority of which had never previously been consulted.2 All the documents found in these archives are in the author’s possession in digitalized form. Further research covered all the South African newspapers of the time which were still available, along with the leading contemporaneous newspapers from Australia, Britain, Canada, France, West and East Germany, Greece, Italy, Mozambique, Portugal, the Soviet Union, the United States and Zimbabwe. All the articles found in these newspapers are also in the author’s possession in digitalized form. The author has conducted interviews with 137 people, 69 of whom knew Tsafendas personally. They included persons who met him in the countries where he lived or which he visited, such as Germany, Greece, Mozambique, South Africa, Turkey and Zimbabwe. Some witnesses knew him exceptionally well and here speak formally about him for the first time; five of them had known him since he was a small child. Other interviewees included members of his family, workmates, housemates, fellow prisoners, visitors who talked to him in hospital and prison, clinicians who examined him before his trial, and two of his defence lawyers. All interviews with witnesses were recorded personally by the author. All interviewees are willing to provide a sworn affidavit or testify under oath at any court as to what they said and discussed with the author. 2 All the documents found in the archives have been copied in the study exactly as they were found. The many spelling or grammar mistakes are of the original documents, not of the author. 2 In addition, several experts in fields relevant to this research were consulted on an ongoing basis; for example lawyers, judges, psychologists, psychiatrists, academics, high- ranking police officers and former secret agents. In order to properly examine the diagnosis of schizophrenia in regard to Tsafendas, the process followed, and all the medical aspects of the case, the author of the study collaborated with Professor Tuviah Zabow: forensic psychiatrist, former head of the forensic psychiatry unit at Valkinberg Hospital and former Professor of Psychiatry at the University of Cape Town. Furthermore, the author consulted several renowned psychiatrists and psychologists, including Professor Alban Burke, Head of the Department of Psychology at the University of Johannesburg; Professor Kirk Heilbrun, forensic psychologist and Professor of Psychology at Drexler University in Philadelphia, Pennsylvania; Professor Phillip Resnick, forensic psychiatrist and Professor of Psychiatry and Director of the Division of Forensic Psychiatry at Case Western Reserve University School of Medicine in Cleveland, Ohio; and Professor Robert L. Sadoff, clinical Professor of Psychiatry and Director of the Center for Studies in Social-Legal Psychiatry at the University of Pennsylvania, and former president of the American Academy of Psychiatry and the Law, as well as of the American Board of Forensic Psychiatry. In addition, the author collaborated closely and on on-going basis with several relevant legal experts, including advocate George Bizos; Professor John Dugard, former judge at the International Court of Justice; Krish Govender, former Durban State Attorney and co-chairman of the Law Society of South Africa; and Justice Zak Yacoob, former Constitutional Judge. All of these eminent jurists have read the report, seen the evidence and discussed all aspects of the case with the author. All have agreed with the report’s findings. Advocate George Bizos believes that this report is “of major historical importance for South Africa and as to our understanding of Verwoerd’s assassination.”3 He described the evidence gathered and presented by this report, proving that Tsafendas was not insane but politically motivated in killing Dr. Verwoerd, as “overwhelming and unquestionable.”4 He also characterised this report as “monumental,” describing it as “a mammoth enquiry into the steps taken by the government to declare him mad and to cover up his treatment. It’s absolutely amazing what the government did.”5 3 Advocate George Bizos in a personal interview, 18 November 2017. 4 Advocate George Bizos in a personal interview, 3 September 2016. 5 Advocate George Bizos in a personal interview, 6 April 2016. 3 Professor John Dugard said about the Tsafendas case and this report: “Many South Africans suspected that there was a political cover-up in the Tsafendas case. The apartheid regime had two reasons for portraying Tsafendas to be insane. First, the regime wished to suggest that no-one in his right mind could kill such a wonderful leader as Hendrik Verwoerd. Secondly, there was the security aspect. The security apparatus, led by the Minister of Justice and Police, John Vorster, wished to avoid accountability for allowing a political revolutionary to be employed in a position close to the Prime Minister. So it was that the media and the legal proceedings were manipulated to present Tsafendas as a mentally deranged person dictated to by a tapeworm. This research confirms that there was a cover-up. It shows convincingly that Tsafendas was a political revolutionary, whose assassination of Dr. Verwoerd was motivated by a hatred of Dr. Verwoerd and all he stood for. He was not an insane killer but a political assassin determined to rid South Africa of the architect of apartheid. Political assassinations seldom achieve their goal and this was no exception. But at least South African history should know the truth about Tsafendas. Dousemetzis has done South Africa a service by correcting the historical record.”6 Justice Zak Yacoob said he agreed “100 per cent” with all of the report’s findings and added: “The historical record shows that comrade Tsafendas killed Verwoerd, that he pleaded insanity at the trial, his plea was upheld and he was, consequent to his plea, confined at the pleasure of the relevant authority. If he had spoken the truth, he would have been sentenced to death, so the tactic was a very good one in the circumstances. History does not record that he pretended to be insane to save his life. This is well brought out in the research. The research shows conclusively that he did a deliberate courageous anti-apartheid act but pretended insanity at the trial; understandably so. I think the research speaks for itself.”7 6 Professor John Dugard in a personal interview, 8 September 2016. 7 Justice Zak Yacoob in a personal interview, 18 September 2017. 4 CONTENTS Vol. I Introduction……………………………………………………...…………………………...1 Chapter One: Dr. Verwoerd’s Life and his Apartheid……….....………………………….…9 Chapter Two: Dimitris Tsafendas’s Biography……………................................................229 Chapter Three: The Assassination ……………………………………………….………..371 Chapter Four: The Police Investigation ………………………………………….………..408 Vol. II Chapter Five: Tsafendas’s Summary Trial ……………..……………………...………….785 Vol. III Chapter Six: The Report of the Commission of Enquiry into the Circumstances of the Death of the Late Dr. the Honourable Hendrik Frensch Verwoerd ………………………….…...…1495 Chapter Seven: David Pratt ……………………………………………………………...1943 Aftermath and Conclusion…...………………..……………..……..…………………….2101 Bibliography ……………………………………………………………………………..2130 Appendix…………………………………………………………………………………2189 5 OVERVIEW OF THE CHAPTERS Chapter One: Dr. Verwoerd’s Life and his Apartheid As we will see, Tsafendas characterised Dr. Verwoerd as “dictator,” “tyrant,” “fascist,” “racist,” “Nazi” and “Hitler’s best student.” He considered him to be “the brains behind apartheid” and believed that without him, a change of policy would eventually take place in South Africa. In order to judge whether Tsafendas was justified in these assumptions, we must examine Dr. Verwoerd’s character, background and political development. Thus, this chapter consists of a biography of Dr. Verwoerd, dealing with his personal life, his ideology and his political career, but mostly with the development of apartheid during his time as Minister of Native Affairs (from 1950 to 1958) and then as Prime Minister (from 1958 to 1966). It also examines his main “achievements” during this time, especially legislation which he orchestrated and several incidents and decisions that led him to become known as “the architect of apartheid.” Chapter Two: Dimitris Tsafendas’s Biography This chapter tells the story of Tsafendas from his birth to the assassination. It examines his personal life, his ideology and his political activities. Many of the facts mentioned in this chapter have remained unknown until now. Chapter Three: The Assassination Here the study deals with Dr. Verwoerd’s assassination, including the national situation before the event, the act itself, the reaction in South Africa and around the world and the assassination’s immediate aftermath. Chapter Four: The Police Investigation This chapter provides a very detailed account of the police investigation that followed the assassination. It sets out all of the important evidence collected by the South African police, 6 including all statements in full from people who were questioned by the police.8 An important issue discussed in this chapter is the role of PIDE in the investigation, something that has not been examined hitherto. All the top-secret documents of the South African police and PIDE found in the National Archives of Portugal and South Africa are included. This chapter also covers events such as the appointment of Tsafendas’s defence team, Vorster becoming Prime Minister, certain announcements by Vorster about Tsafendas, and some press reports. Chapter Five: Tsafendas’s Summary Trial This chapter considers all aspects of Tsafendas’s summary trial. We see the preparations of both the defence team and the State ahead of the trial. Each witness’s testimony is included, in most cases exactly as it was given, or after the removal of small talk or anything unimportant or not germane. Testimony is analysed in detail by comparing evidence gathered by the police which contradicted the testimony of witnesses, thus exposing inaccuracies. The analysis was much assisted by new evidence collected by the author. Forty-four of the witnesses who knew Tsafendas well were interviewed by the author and had parts of the testimonies heard in the court read to them and then offered their comments.9 Chapter Six: The Report of the Commission of Enquiry into the Circumstances of the Death of the late Dr. the Honourable Hendrik Frensch Verwoerd This chapter examines the report of the Commission of Enquiry which followed the summary trial of Tsafendas. It starts by explaining what a Commission of Enquiry is and then offers examples of how Commissions operated during apartheid. Some examples have been used, such as the Sharpeville Commission, in order to make clear how both the Commission and 8 Evidence found in the archives which was not directly related to the assassination or to Tsafendas or was of no importance has been reduced to summaries or omitted. 9 In total sixty-nine witnesses who knew Tsafendas were interviewed by the author. The author refers to forty- four witnesses who were asked specifically about issues which were raised during Tsafendas’s summary trial and by the Commission of Enquiry. On several occasions, these witnesses were given extracts to read from the trial transcript and asked to comment on them. Most were people who knew Tsafendas as a free man before the assassination and were best placed to give an opinion on his behaviour and mental state. However, there were also important witnesses, like Liza Key, Bishop Ioannis Tsaftaridis, and Fathers Michalis Visvinis and Minas Constandinou, who came to know Tsafendas well during his time in prison or in hospital, when he confided extensively in them. The remaining twenty-five of the sixty-nine witnesses either did not know Tsafendas well enough to comment on the specific issues raised, or were members of his defence team, or had died before the author had the trial manuscripts in its possession. 7 the police operated during apartheid. This is an important part of the chapter because of the many similarities between these previous Commissions and the one on Dr. Verwoerd’s assassination. All the statements and important evidence collected by the Commission is presented. Several parts of the Commission’s Report are examined in detail. The Commission is judged by the evidence it had in its possession at the time and not by evidence collected by the author. There is only one occasion where new evidence is presented. Chapter Seven: David Pratt This chapter deals with David Pratt’s armed assault on Dr. Verwoerd in 1960, six years before he was assassinated by Tsafendas. It includes a biography and sets out what happened to him after his arrest. Some very important new information about Pratt is presented here for the first time. The study uses a large number of primary sources for this case, such as all the documents found in the National Archives of South Africa and Britain about Pratt and the case, the archives of the National Liberal Club in London, of which Pratt was a member for thirty-three years, his correspondence with some of his friends, his personal notes while in prison and in hospital and interviews with people who knew him. Many secondary sources have been consulted such as published material and reports in South African and foreign newspapers at the time. Conclusion This chapter offers a comprehensive but concise conclusion concerning everything discussed in this report. 8 Dr. Verwoerd’s Life and his Apartheid Early Years and Studies CHAPTER ONE DR. VERWOERD’S LIFE AND HIS APARTHEID EARLY YEARS AND STUDIES Hendrick Frensch Verwoerd was born near Amsterdam, Netherlands, at 4 p.m. on September 8, 1901. He was the second child of the deeply religious Wilhelmus Johannes Verwoerd, a partner in a grocery business, and Anje Strik. The young couple were strongly attracted to the Boer cause and Wilhelmus was member of a committee which helped South Africans who were coming to Europe for help during the Boer War (1899-1901). The family moved to South Africa in 1903 when Hendrik was eighteen months old.10 His father opened a grocery store in Wynberg, Cape Town, and spent much of his free time preaching the gospel to Coloureds11 in the city.12 As a child he had initially attended an English school and lived in an English neighbourhood, being fully immersed in Afrikaner culture only from the age of sixteen.13 He was a strong-willed, intellectual youth, uninterested in sport, whose upbringing was quite different to his Boer peers.14 Verwoerd’s foreign origins imbued him with a fanatical need to be “more Afrikaner” than the Afrikaners.1516 He seems always to have felt insecure about his status as an Afrikaner, having been born in Holland to Dutch parents. Many Nationalists referred to him as “die Hollander” and he apparently felt the need to constantly prove his loyalty,17 while he also felt that he was on a historical mission.18 In 1912, after nine years in South Africa, the Verwoerd family relocated to Rhodesia.19 His secondary education took place at Milton Boys’ High School in Bulawayo, Rhodesia, and he later described being physically punished for stating his preference for 10 Daily Dispatch, 7 September 1966: 8, ‘Hendrik Frensj Verwoerd: A man under a cruel magnifying glass’; Grobbelaar, 1967: 9. 11 Coloured was considered to be someone “who is not a White person or a Bantu” (Dugard, 1978: 61). 12 Uys, 1959: 4. 13 Sparks, 1990: 193. 14 Troup, 1975: 317. 15 O’Meara, 1996: 92. 16 Lelyveld (The New York Times), 7 September 1966, ‘A prophet of racism.’; O’Meara, 1996: 92. 17 O’Meara, 1996: 92; Osada, 2002: 8. 18 Marx, 2011a: 282. 19 Now Zimbabwe. 9

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Dr. Xuma, a former president of the ANC, complained that the situation for National Congress, under the leadership of Dr. Alfred Bitini Xuma, had withdraw its minister to South Africa, embedding his remarks in the context of a
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