The South African National Defence Force is facing civil claims totalling R978-million but, say defence force authorities, three-quarters of them happened during the apartheid era.

Defence Minister Mosiuoa Lekota yesterday revealed that his department was facing a $111-million claim believed to relate to the apartheid army's intelligence activities. Lekota was responding to The Star's exposé last month about 287 criminal cases and 149 civil claims against the SANDF and its members.

Two weeks ago, an investigation by The Star showed that the most recent list of the recorded criminal cases against SANDF members included 26 charges of murder, 22 of attempted murder, 15 of assault with grievous bodily harm, 25 of common assault and 31 of reckless and negligent driving.

While 37 of these criminal cases are recorded as withdrawn or ending in acquittal, army documents also suggested that the outcome of the 125 cases was not known to the army's legal department.

Speaking to the media after the signing of a memorandum of understanding between the SANDF and the Central African Republic, Lekota did not deny these statistics. But he said vigorous attempts to verify allegations of torture contained in The Star article had been fruitless.

His staff, however, admitted they had received The Star's copy of the army's register of civil claims and criminal cases, in which at least two incidents of alleged torture were listed.

One R90 000 claim related to a Mrs S N Ndlazi. She is alleged to have suffered "torture and assault of plaintiff by members of the SANDF/ South African Police Service" in Msogwaba, Mpumalanga.

In another criminal case, a Sergeant Hlophe was accused of killing a civilian during interrogation. Lekota revealed that the victim had died after the barrel of a gun was inserted into his anus. After his wife launched a R3-million civil claim against the SANDF, the army reached a R300 000 settlement agreement.

Lekota said the SANDF "has never or will never authorise acts of torture, murder and assault".

The minister took issue with the suggestion that the R978-million claim from the department was entirely related to the killing, assault, unlawful arrest or torture of civilians.

His spokesperson, Sam Mkhwanazi, revealed that among the claims faced by the department, there was a $20-million claim believed to be related to the controversial arms deal, as well as R50-million related to the SANDF strategic defence packages. A further R14-million was linked to medical claims, R5,1-million to contractual disputes and out-standing amounts, and R14-million linked to assault cases.

But neither Lekota nor Mkhwanazi gave details of the claims of murder, death, shootings, attempted murder and unlawful arrest made against the department.

Among the claims listed in the army's own legal register are 14 for shooting incidents, seven for deaths, four for murder, 59 for assault and five for attempted murder. The claims include a R500 000 claim bought against the SANDF on behalf of a minor son of SANDF administrative clerk Carol Herbst, who was shot dead by an SANDF soldier seven years ago.

Mkhwanazi told The Star that the SANDF could not be held responsible for the activities of criminal elements within its midst.

Recent criminal cases against the SANDF include:

nLast year the Pietermaritzburg High Court heard how two SANDF soldiers were contracted to murder taxi operator Simphiwe "Kansas" Mkhize in April 2002;

nIn October 2004, Vusi Xulu, a soldier from 121 Infantry Battalion, was handed two life sentences and 70 years in jail. This was for going on a shooting rampage in which he fatally shot brothers David and Sandile Myeni. He then shot and left for dead Nonhlanhla Myeni and abducted her two children.

Lekota also provided no details of civil claims launched against SANDF peacekeepers stationed in Burundi and the DRC.

With acknowledgement to Karyn Maughan and The Star.