THE six Zulu men accused of carrying out a massacre as part of an alleged murderous conspiracy against the African National Congress involving the former defence minister, Gen Magnus Malan, have been acquitted by the trial judge.
Judge Jan Hugo found the state has failed to proved beyond doubt that the six men had been involved in the January, 1987, attack on a home in KwaMakutha which left 13 people dead, six of whom were children.
The men - Mr Peter Msane, Mr Nicholos Ndlovu, Mr Martin Khanyile, Prince Mkhize, Mr Andreas Mbuyazi and Mr Alex Biyela were all members of a specially chosen unit of more than 200 men who were secretly trained by the South African armed forces to bolster the Zulubased Inkatha movement in its struggle against the ANC.
The attack, meant to eliminate an ANC activist, Mr Victor Ntuli, was alleged to be part of a wider conspiracy - reaching up to Gen Malan - to murder ANC cadres and their allies in the United Democratic Front.
The judge found that the state had not consistently identified the six Inkatha men as the actual perpetrators of the massacre.
With the six in the dock when Judge Hugo started to deliver hiss judgment yesterday were another nine men - including Gen Malan, the former chief of the armed forces, Gen Jannie Geldenhuys, a former army commander, Gen Kat Liebenberg, and the deputy secretary-general of Chief Mangosuthu Buthelezi's Inkatha Freedom Party, Mr Zakhele Khumalo.
The judge acquitted Mr Khumalo on two of the charges brought against him in connection with the massacre - murder and attempted murder - but has yet to rule on the charge of conspiracy to murder. He found that the state had not proved that Mr Khumalo knew about plans to attack the Ntuli home.
The hearing adjourned yesterday before Judge Hugo had pronounced his verdict on the charges of murder, attempted murder and conspiracy to murder against Gen Malan and seven former security officers in the dock with him. But, judging from yesterday's evidence, the signs were auspicious for Gen Malan and his co accused.
The case against Gen Malan Gen Geldenhuys and Gen Liebenberg and the military and police officers indicted with them revolved largely around the evidence of Maj Johan Opperman, a self confessed accomplice in the massacre who, after becoming a protected witness, gave testimony for the state.
Judge Hugo was extremely critical of Maj Opperman. He and his assessors were unanimous in their belief that Maj Opperman was a liar, Judge Hugo said, having earlier expressed suspicion that the witness might have been more concerned about saving himself than telling the truth.
Maj Opperman's evidence was often contradictory, improbable and absurd, the judge said, noting that the former military intelligence operative claimed to have been appointed commander of the massacre squad although, on his own admission, he had not combat training or experience.