SA closes Lubowski murder probe 20 years on

Published Apr 23, 2010

Share

By Karen Breytenbach

Justice Writer

Just over 20 years after the murder of anti-apartheid activist Anton Lubowski in Windhoek in 1989, the door has been shut on a South African prosecution, now leaving his family to seek answers from the Namibian authorities.

At a press conference at the Legal Resources Centre (LRC) in the city on Thursday, Lubowski's former wife Gabrielle, children Almo and Nadia, and sisters Annaliese Lubowski and Joleen du Plessis presented the letter they received from the prosecuting authorities explaining why a prosecution would not be pursued.

Deputy National Director of Public Prosecutions Chris Macadam wrote to LRC attorney Steve Kahanovitz: "In light of the Constitutional Court ruling in S v Wouter Basson, a South African Court would only have jurisdiction in the event of him having been killed as a consequence of a conspiracy formulated in South Africa. The South African Court could adjudicate the matter on a charge of conspiracy, not murder."

The crimes of conspiracy to commit murder and accessory after the fact had become prescribed after 20 years, unlike murder, he said.

Macadam said the absconded murder suspect, Irishman Donald Acheson, told Namibian authorities he was recruited by the apartheid government's clandestine Civilian Co-Operation Bureau (CCB) to commit violence in Namibia, but denied killing Lubowski.

Although statements by CCB members Abram van Zyl, Ferdinand Barnard and Carl Botha raised "strong suspicion, what was clearly lacking was a credible witness who could confirm the existence of the conspiracy and with the necessary reliability, identify the relevant co-conspirators".

Macadam offered to let the family see the statements.

Having tried for years to obtain answers in South Africa and Namibia, the family plans to study all available evidence before deciding whether to further petition the NDPP. Their next step is to pressure the Namibian government for help.

Lubowski's family said that, still having no answers, all they could do was speculate.

And to them it was strange that the current administration had no political will to resolve what had been labelled an apartheid government crime.

The family said that a sinister motive was believable considering the death threats they received and police dockets that disappeared over the years. The Institute for Justice and Reconciliation, which had been assisting them, also hit a brick wall when it tried to facilitate talks with former Defence Minister Magnus Malan.

But the family hopes the removal of the threat of prosecution will encourage those involved to come forward and talk to them. "We're all very aware that Anton never wanted retribution and that is not our aim. We're just trying to show the world that we want to honour his legacy," Annaliese said.

Related Topics: