Right-Wing Groups - South African Government Information

172. Nor did the random explosions and acts of violence re f e r red to by the
applicants support their argument. None of these acts were committed by or on
behalf of the CP. Indeed, Mr Koos Botha was repudiated by the CP during
October 1992 for causing an explosion at the Hillview School. The basis of this
repudiation was that the speeches of Dr Tre u rnicht could not be interpreted as a
call for violence.
173. The Committee was satisfied that the applicants were not acting within the
scope of any implied authority from the CP in assassinating Mr Hani. The applications
accordingly failed to comply with the re q u i rements of section 20(2)(d).
174. The Committee was not satisfied that the applicants had any reasonable
g rounds for believing that they were acting within the course and scope of their
duties. The applications accordingly failed to comply with the re q u i rement of
section 20(2)(f).
175. In determining whether the applicants had made full disclosure, the Committee
gave consideration to the purpose of the list of names. The applicants testified
that Mrs Derby-Lewis had pre p a red the list of names for innocuous reasons and that
Derby-Lewis had decided to use it for a totally diff e rent purpose. The Committee
found that the reason Mrs Derby-Lewis gave for requiring the addresses of the
persons on the list was unconvincing. Her explanation that she needed addre s s e s
in order to arrange interviews makes little sense in view of her concession that
t h e re was no likelihood of Mr Hani giving her an interview in his home.
176. The Committee found that the names constituted a hit list compiled for the
purpose of planning assassinations. The evidence of the applicants that the list
was to assist them to communicate confidentially was wholly unconvincing and
the Committee found their version to be untrue in this re g a rd .
177. On the question of the murder weapon, Mr Derby-Lewis told the Committee
that he had acquired the Z88 pistol in order to protect his family. The silencer
was fitted so that he could practice at home without disturbing his neighbours.
The silencer would also give him a strategic advantage during an attack upon
his home. Derby-Lewis thus contended that the original reason for obtaining the
f i rearm was unrelated to the subsequent assassination of Mr Hani. It was pure l y
fortuitous that he was in possession of an unlicensed firearm fitted with a
silencer at a time when Walus was looking for an appropriate murder weapon to
execute the assassination.
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