Lynn Williams
The head of legal services at the South African National Defence Force (SANDF), Masilo Lekoloana, took the stand in the Gqeberha High Court on Tuesday to account for the military's refusal to fund the legal costs of an apartheid era officer implicated in the murders of the Cradock Four.
Matthew Goniwe, Fort Calata, Sparrow Mkhonto, and Sicelo Mhlauli, were brutally killed in 1985 and several perpetrators had applied for, but were denied amnesty by the Truth Commission.
Following pressure from family members, the state reopened a third inquest into their murders, which got underway in June.
However, the outstanding issue of the legal costs for the 82-year-old witness, former Lieutenant-General Stoffel van der Westhuizen, remains a stumbling block.
He is said to be in poor health and the victims' families fear that unless he testifies soon, they may be denied hearing from him.
Legal Services Head Masilo Lekoloana was subpoenaed to appear before the court to provide clarity on the issue.
He confirmed that an "administrative decision" had been taken to reject van der Westhuizen's application.
Lekoloana testified that van der Westerhuizen challenged their refusal in the Pretoria High Court in April, on the basis that inadequate reasons had been given for rejecting his request.
The reasons for the SANDF's refusal were handed to Judge Nomathamsanqa Beshe in document form, but it was not discussed in court.
According to Lekoloana, van der Westhuizen's legal action in the Pretoria High Court was struck off the roll due to a lack of urgency.
The court further heard that Van der Westhuizen has not taken any steps to fast-track the case in Pretoria.
The SANDF reiterated that they were willing to provide their assistance to expedite the matter were needed, so that the victim's families could get closure, 40 years after the murders.
Due to the pending litigation in Pretoria, Beshe could not make a ruling.
The Cradock 4 inquest will resume in October.
