Frank Dutton
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Frank Kennan Dutton SCOB (20 May 1949 – 20 January 2022) was a South African police officer. The dominant theme in his career was the investigation and prosecution of people guilty of committing
war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s and
crimes against humanity Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as ...
during South Africa's
apartheid Apartheid ( , especially South African English:  , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
era. Dutton's work took place in South Africa as well as abroad. In South Africa, he helped expose the apartheid military's destabilisation machinery, and later headed the Scorpions, the country's elite police force. He also worked with the International Criminal Tribunal for the former Yugoslavia.


Uncovering the Third Force


Trust Feed massacre

Dutton, with his teammate Lwandle Wilson Magadla, solved the case of the Trust Feed massacre, a massacre in a village of supporters of the
African National Congress The African National Congress (ANC) is a political party in South Africa. It originated as a liberation movement known for its opposition to apartheid and has governed the country since 1994, when the 1994 South African general election, fir ...
in the township Trust Feed in
Natal NATAL or Natal may refer to: Places * Natal, Rio Grande do Norte, a city in Brazil * Natal, South Africa (disambiguation), a region in South Africa ** Natalia Republic, a former country (1839–1843) ** Colony of Natal, a former British colony ( ...
in December 1988. Taking on the system they worked for, Dutton and Magadla sent a prominent policeman Brian Victor Mitchell to prison for this in 1992, the first senior policeman during the anti-apartheid struggle to be tried and sentenced. Subsequently, his superiors Ronnie van der Westhuizen and Christo Marx discouraged him and dissolved his unit. But Dutton continued to expose the involvement of the apartheid-era
South African Police The South African Police (SAP) was the national police force and law enforcement agency in South Africa from 1913 to 1994; it was the ''de facto'' police force in the territory of South West Africa (Namibia) from 1939 to 1981. After South Af ...
hit squads so-called "
Third Force Third Force may refer to: Politics * Third party (politics), party other than one of the two dominant ones in a two-party political system ** Third party (United States), in American politics ** Third parties in a Two-party system#Third parties ...
" involvement of the
South African Defence Force The South African Defence Force (SADF) (Afrikaans: ''Suid-Afrikaanse Weermag'') comprised the armed forces of South Africa from 1957 until 1994. Shortly before the state reconstituted itself as a republic in 1961, the former Union Defence Fo ...
in destabilising large areas of South Africa.


Eugene de Kock

In 1992, on the recommendation of
Jacob Zuma Jacob Gedleyihlekisa Zuma (; born 12 April 1942) is a South African politician who served as the fourth president of South Africa from 2009 to 2018. He is also referred to by his initials JZ and clan names Nxamalala and Msholozi. Zuma was a for ...
,
Richard Goldstone Richard Joseph Goldstone (born 26 October 1938) is a South African retired judge who served in the Constitutional Court of South Africa from July 1994 to October 2003. He joined the bench as a judge of the Supreme Court of South Africa, first i ...
appointed Dutton the chief investigator for the Goldstone Commission, a judicial commission looking into political violence. This led to the exposure of the workings of the Third Force, and the imprisonment of security police colonel
Eugene de Kock Eugene Alexander de Kock (born 29 January 1949) is a former South African Police colonel, torturer, and assassin, active under the apartheid government. Nicknamed "Prime Evil" by the press, De Kock was the commanding officer of C10, a counteri ...
, known as "Prime Evil". Goldstone said of Dutton: "He is a man without strong political feelings but with a deep belief in the need for complete integrity in police investigations, regardless of the consequences."


Magnus Malan

In 1995, Dutton became the head of the Investigation Task Unit of the
Truth and Reconciliation Commission A truth commission, also known as a truth and reconciliation commission or truth and justice commission, is an official body tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state ac ...
. He investigated and arrested the former defence minister
Magnus Malan General Magnus André de Merindol Malan (30 January 1930 – 18 July 2011) was a South African military figure and politician during the last years of apartheid in South Africa. He served respectively as Minister of Defence in the cabinet of ...
and 10 former military officials in connection with the 1987 KwaMakhutha massacre.


Renamo affair

Dutton exposed the shadowy relationship between the special forces of the
South African Defence Force The South African Defence Force (SADF) (Afrikaans: ''Suid-Afrikaanse Weermag'') comprised the armed forces of South Africa from 1957 until 1994. Shortly before the state reconstituted itself as a republic in 1961, the former Union Defence Fo ...
and
Renamo RENAMO (from the Portuguese , ) is a Mozambican political party and militant group. The party was founded with the active sponsorship of the Rhodesian Central Intelligence Organisation (CIO) in May 1977 from anti-communist dissidents oppos ...
rebels in
Mozambique Mozambique, officially the Republic of Mozambique, is a country located in Southeast Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west, and Eswatini and South Afr ...
. He showed this as continuing for many years after the non-aggression
Nkomati Accord The Nkomati Accord (officially known as the ''Agreement on Non-Aggression and Good Neighbourliness between Mozambique and South Africa'' ) was a non-aggression pact signed on 16 March 1984 between the People's Republic of Mozambique and the Rep ...
was signed between South Africa and Mozambique in 1984. Three of the accused – Brigadier Cornelius van Niekerk, Brigadier John More and Colonel Cornelius van Tonder – were directly involved in coordinating support for Renamo in direct violation of the Nkomati Accord.


Investigations in the former Yugoslavia

In 1994, on the recommendation of
Richard Goldstone Richard Joseph Goldstone (born 26 October 1938) is a South African retired judge who served in the Constitutional Court of South Africa from July 1994 to October 2003. He joined the bench as a judge of the Supreme Court of South Africa, first i ...
, chief prosecutor of the
International Criminal Tribunal for the former Yugoslavia The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
, Dutton successfully applied for a post with the United Nations in the investigation section of the Office of the Prosecutor for that tribunal at
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
, Netherlands. In this role, he worked with detectives from more than 90 countries and proved himself to be a world-class detective. In 1995, he was promoted to head of the court's investigating mission in
Sarajevo Sarajevo ( ), ; ''see Names of European cities in different languages (Q–T)#S, names in other languages'' is the Capital city, capital and List of cities in Bosnia and Herzegovina, largest city of Bosnia and Herzegovina, with a population of 2 ...
. He was again promoted to Commander of Field Operations in
Kosovo Kosovo, officially the Republic of Kosovo, is a landlocked country in Southeast Europe with International recognition of Kosovo, partial diplomatic recognition. It is bordered by Albania to the southwest, Montenegro to the west, Serbia to the ...
in 1999, when Director of Public Prosecutions Bulelani Ngcuka asked him to return to South Africa to set up the elite unit, the Scorpions.


Setting up the Scorpions

In 2000 before his retirement, he set up the
Scorpions Scorpions are predatory arachnids of the Order (biology), order Scorpiones. They have eight legs and are easily recognized by a pair of Chela (organ), grasping pincers and a narrow, segmented tail, often carried in a characteristic forward cur ...
, the Directorate of Special Operations, modelled after the American Untouchables and
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...
. Dutton was at the time the only member of the organisation with a public image, and gave it its motto: "Loved by the people, feared by criminals, respected by peers." This once again placed him in the firing line.


Later life and death

In October 2007, Dutton was selected to serve on the panel to review the case against police National Commissioner
Jackie Selebi Jacob "Jackie" Sello Selebi (7 March 195023 January 2015) was the National Commissioner of the South African Police Service from January 2000 to January 2008, when he was put on extended leave and charged with corruption. He was also a former pre ...
. In October 2011,
Seychelles Seychelles (, ; ), officially the Republic of Seychelles (; Seychellois Creole: ), is an island country and archipelagic state consisting of 155 islands (as per the Constitution) in the Indian Ocean. Its capital and largest city, Victoria, ...
police announced that Dutton had been appointed to create an elite police unit against serious crime there. On
Freedom Day Freedom Day may refer to any of the following days: National and international * National Religious Freedom Day on 16 January in the United States, to commemorate the adoption of Thomas Jefferson's landmark Virginia Statute for Religious Freedo ...
2012, Dutton was awarded the
Order of the Baobab The Order of the Baobab is a South African civilian national honour, awarded to those for service in business and the economy; science, medicine, and for technological innovation; and community service. It was instituted on 6 December 2002, and i ...
in Gold, with the citation: "for his exceptional contribution to and achievement in his investigative work as a dedicated and loyal policeman, for exposing the apartheid government’s "Third Force", for his role in working for peace in KwaZulu-Natal, his international work in investigating and exposing war crimes and crimes against humanity in Bosnia‚ Kosovo and Darfur and assisting in establishing the causes of violence in East Timor and Sudan". He received this honour at the same time as his late long-time friend Lwandle Wilson Magadla, who was honoured posthumously. In the 2010s, Dutton acted as a private investigator for several legal cases about
political violence Political violence is violence which is perpetrated in order to achieve political goals. It can include violence which is used by a State (polity), state against other states (war), violence which is used by a state against civilians and non-st ...
in the 1980s. He was approached by the family of Nokuthula Simelane, an
uMkhonto we Sizwe uMkhonto weSizwe (; abbreviated MK; ) was the paramilitary wing of the African National Congress (ANC), founded by Nelson Mandela in the wake of the Sharpeville massacre. Its mission was to fight against the South African government to brin ...
fighter who went missing in 1983, to find the truth about her death. In 2015, Dutton submitted an affidavit (along with another affidavit from the former Truth and Reconciliation Commission member Dumisa Ntsebeza) saying that state-sanctioned extrajudicial killings had become part and parcel of the apartheid regime, particularly the police, during the 1980s. This led to several police officers being prosecuted for murdering her. Similarly, Dutton investigated for the reopened inquest into
Neil Aggett Neil Aggett (6 October 1953 – 5 February 1982) was a Kenyan and South African doctor and trade union organiser who was killed, while in detention, by the Security Branch of the Apartheid South African Police Service after being held for 70 day ...
's 1982 death in detention, after being approached by the Foundation for Human Rights in South Africa in 2015. In September 2015, Dutton was appointed to the National Planning Commission of South Africa. In 2019, Dutton started serving as the lead investigator for the
Zondo Commission The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, better known as the Zondo Commission or State Capture Commission, was a public inquiry established in Ja ...
, a public inquiry into alleged state capture, corruption, and fraud. Dutton died at a hospital in Hillcrest from a heart attack on 20 January 2022, at the age of 72. He also suffered a stroke few days prior to his death.


References

{{DEFAULTSORT:Dutton, Frank 1949 births 2022 deaths Recipients of the Order of the Baobab South African police officers White South African people People from Bela-Bela Local Municipality