The South African National Defence Force has refused to fund the legal fees for advocate Marius van Zyl (above) representing retired SADF Lieutenant General Christoffel Pierre ‘Joffel’ van der Westhuizen at the Cradock Four inquest. (Photo: Deon Ferreira) 
The Deputy Director of Litigation of the South African National Defence Force, Masilo Brian Lekoloana, will appear on Tuesday Eastern Cape Division of the High Court in Gqeberha after he was subpoenaed to explain why legal representation was refused to a crucial witness in the reopened Cradock Four inquest.
Judge Thami Beshe has issued the subpoena for a direct explanation on why the SANDF has refused retired Lieutenant General Christoffel Pierre “Joffel” van der Westhuizen’s legal representation.
Read more: Defence Force refuses to fund retired officer implicated in Cradock Four inquest
Van der Westhuizen, now 83, was the commanding officer of the Eastern Province Command and a member of the Joint Management Committee, a structure of the State Security Council (SSC) at the time of the murders. He ordered the signal on 7 June 1985, to urgently “permanently remove” the Cradock Four “from society”, to be sent to the head of the Secretariat of the SSC.
In a previous inquest, held in 1994 and presided over by Judge Neville Zietsman, it was found that a prima facie case was made that the four men were murdered by members of the security forces, and that a “case of suspicion” had been made against certain police and army officers, including Van der Westhuizen.
Zietsman found that the signal was intended to mean that Matthew Goniwe and the others should be killed, and also that this was the meaning that then Brigadier van der Westhuizen intended to convey in the signal.
At the start of the third inquest that began on Monday, 2 June 2025, Van der Westhuizen’s counsel, Marius van Zyl, however, said that his client would deny “authorising the killing of the Cradock Four”.
Van der Westhuizen never applied for amnesty before the TRC. Testimony from former state officials, including Van der Westhuizen, is scheduled to proceed from 13 to 24 October 2025.
“However, there is a risk of further postponement unless the issue of legal funding for the implicated former officials is resolved. Van der Westhuizen is reportedly in poor health and the [victims’] families fear that unless he testifies soon, they may be denied hearing from him,” a statement from the Foundation for Human Rights issued on Monday reads.
Van der Westhuizen’s attorney Ruhann Roos previously said that the SANDF had refused to fund his client’s legal team on the basis that he had acted outside the scope of his duties.
Roos further pointed out that although Judge Beshe sent a directive through the high court in Gauteng that the SANDF decision be reviewed urgently, a judge dismissed the review as not urgent, meaning it would take months to be heard.
Judge Beshe has up to now refused to allow the parties to lead evidence implicating Van der Westhuizen while he is not represented.
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.
Read more: Emotional return for families, witnesses as Cradock Four inquest revisits search for slain activists
Advocate Howard Varney, representing the families of the Cradock Four, said in his opening address when the inquest resumed in June that the prospects for justice were dwindling fast as most of those involved had died.
Van der Westhuizen’s counsel, advocate Marius van Zyl, said his client would deny authorising the killing of the Cradock Four.
According to Varney’s opening address, on 7 June 1985, Major-General J Frederick Johannes van Rensburg of the State Security Council phoned Van der Westhuizen to discuss Matthew Goniwe.
“The two officers apparently decided that Goniwe and two others (Fort Calata and Mbulelo Goniwe) should be ‘permanently removed from society as a matter of urgency’ ”, said Varney.
“As a result of this discussion, Colonel Lourens du Plessis sent a ‘Signal Message Form’ dated June 7, 1985 — addressed to the State Security Council and detailing the earlier telephone discussion (the signal). It was marked ‘urgent’ and ‘top secret’.”
The form read:
Personal for General Van Rensburg.
- Telephone conversation Gen Van Rensburg/Brig Van der Westhuizen of 7 June ’85 refer.
- Names as follows: Matthew Goniwe, Mbulelo Goniwe (brother or nephew of above), Fort Calata.
- It is proposed that the above-mentioned persons, as a matter of urgency, be permanently removed from society.
- Wide reaction can be expected locally as well as nationally as a result of the importance of these persons, especially the first mentioned, for the enemy.
Lekoloana is due to appear in the Gqeberha High Court at 10 am on Tuesday, 1 July. DM