Amnesty Hearings — Durban — 1999-08-19

H J P BOTHA: It was myself, du Preez, it was Wasserman, Ndaba and Shabalala.  We walked in the same direction of where van der Westhuizen had pointed out to us.  Once in the thick bush where it opens up against the river embankment, Wasserman put his bag down and while Wasserman, Shabalala and Ndaba stood at the river embankment and urinated, du Preez and I took the two silenced weapons from the bag.  Wasserman made Ndaba and Shabalala sit on the ground with their faces in the direction of the river.  du Preez and I came from behind and shot them in the back of the head.  After they had fallen, each one of them were shot one shot in the temple.  I shot Ndaba while du Preez shot Shabalala.  du Preez and I removed their clothing while Wasserman returned back to the vehicle to collect the concrete poles, the hessian and the wire.  After van der Westhuizen and he brought these items to us, van der Westhuizen went back to the kombi to keep the kombi under observation.  Wasserman cut the wire in lengths and du Preez and I rolled Ndaba in the hessian.  After a concrete pole was placed over his chest and legs, the wire was bound round his body, around the hessian, to keep the hessian and the pole in position.  Wasserman and I then threw Ndaba's body from the embankment into the river.  Wasserman then assisted du Preez in doing the same with Shabalala's body after which he was also thrown into the river.
	We placed the clothes which were in the black bag into Wasserman's backpack.  Branches were broken from the bushes to obliterate the bloodstains.  We remained an hour to ensure that the terrain was clear and that the bodies had sunk.  We watched the river to ensure that nothing came up again.  We afterwards drove back to the safe-house where, at our arrival we fashioned a large fire and the clothing and branches with which the blood was covered up, were burned.  While the fire burned we tapped a jerrycan of petrol from my police vehicle and placed the jerrycan in the boot of the blue Toyota Corolla.

MR VISSER: Is this now Shabalala's?

H J P BOTHA: That's correct, Chairperson.  We decided that while we were busy to get rid of the Toyota by burning it,
van der Westhuizen and I drove with my vehicle and du Preez and Wasserman in the Toyota.  The Toyota was in front of us and we followed it.  Approximately 30 kilometres on the other side of Verulamn on the Ndwedwe Road, the Toyota turned left in a small road and stopped at a dumping area.  We all searched the Toyota to ensure that no personal items had remained in the vehicle which could lead to identification.  The licence disk was removed and placed on the seat.  The entire vehicle was on the inside and outside sprayed with petrol, after which it was set alight.  It caught fire and we remained in the vicinity for about 10 minutes to ensure that the vehicle would be burned out entirely.  We returned to the safe-house and searched for any possible evidence that might have remained behind.

MR VISSER: Mr Botha, if there was any suggestion that this vehicle, this blue Toyota Corolla vehicle had been burned, but instead had been chopped to pieces on a farm where the askaris had lived in Camperdown, what do you say of such a suggestion?

H J P BOTHA: That is not correct, Chairperson, because I know we set the vehicle alight.

MR VISSER: Very well.

H J P BOTHA: Early Monday morning, the 16th July 1990, I informed Gen Steyn at his office, I informed him that Ndaba could not be convinced to renounce the idea of disclosing everything to the ANC and that the possibility which we foresaw on the 14th of July had become a reality.  I also explained my consideration with regard to Shabalala to him, namely that it would be a potential danger if he was to be released and he had disclosed his abduction and unlawful detention and a suspicion that Ndaba was murdered by us.  Gen Steyn indicated that he agreed with me and that he had ratified my action.

MR VISSER: That was your part in this incident.  With regard to the dates which you have given, is it possible, the dates, where you refer to the 1oth and 12th and so forth, is it possible that you may be mistaken?

H J P BOTHA: It';s possible Chairperson, but the dates between the 7th and the 15 or the 16th, the Monday morning when I reported to Gen Steyn, those dates remain.

MR VISSER: What do you have to say as to why you were motivated to act in such a manner?

H J P BOTHA: I acted in the execution of my duties in the service of the South African Police.  I believed that such action was expected from me and that the action had, fell within the ambit of my express or tacit authorisation.  I also believed that especially in the light of the pressure which was placed upon us in the Security Branch by the politicians of the time.  It was continually said that terrorists had to be wiped out in order to combat the revolution.  My actions were aimed to protect and maintain the state and the National Party.  During this particular time where negotiations were on the way between the most important political groupings in the country, it was an important consideration that the National Party in no manner be placed in an embarrassing position.  I was never rewarded in any manner for this action and I did not draw any personal advantage from it.  I therefore humbly request that amnesty be granted to me as previously set out.

MR VISSER: And if we may refer to page 1 of Exhibit D.  We may just go through that.  Your amnesty application is for firstly abduction, kidnapping, unlawful arrest of Mbuso Shabalala, his unlawful detention, of Charles Ndaba and Mbuso Shabalala, the murder of both those persons, illegal possession of Scorpion Submachine pistols and ammunition, damage to property with regard to the Toyota Corolla vehicle, house break for the purpose of stealing, which you have referred to in your evidence, or any lesser offence or delict which might emanate from the facts, is that correct?

H J P BOTHA: That is correct, Chairperson.

MR VISSER: Thank you, Mr Chairman
NO FURTHER QUESTIONS BY MR VISSER

CHAIRPERSON: Mr Wills.

JOHN WILLS: Mr chairperson we have decided that Adv Poswa is going to cross-examine before I do.

CHAIRPERSON: Very well.  Adv Poswa.

MS POSWA: Thank you Mr Chairman.  Mr botha you said in your evidence in chief that you
were responsible to Mr taylor.  Was that your direct superior, Mr Taylor?

H J P BOTHA: That's correct, Chairperson.

MS POSWA: That is correct and then what relationship did you have of Mr Steyn?

H J P BOTHA: Gen Steyn was the Regional Commander in the province.

MS POSWA: So under normal circumstances your direct superior was Mr Taylor and you were to report everything directly to Mr Taylor?

H J P BOTHA: No necessarily in this instance.  If I may just explain.  There was a terrorist unit which consisted of two legs.  The one part was the investigating part and the other consisted of MK Intelligence part and then there was the askari unit, which was handled by Col Taylor.  He was the senior in the three groupings.

CHAIRPERSON: What was the first group?  The second one was MK Intelligence, the third was dealing with the askaris for which Taylor was in charge and the first one was investigation.  Yes, carry on.

MS POSWA: Mr Chairman, I'll ask you to forgive me, I have got two statements here by the applicants, now my Afrikaans is not very good.  I had translated the previous statement, so you will forgive me if maybe I repeat some things which have otherwise been covered?

CHAIRPERSON: Yes, you do the best you can.

MS POSWA: Thank you Mr Chairman.  Right you started off by saying that you had recruited Mr Ndaba in Swaziland in 1988.

H J P BOTHA: Correct.

MS POSWA: That is correct.  What were the conditions under which this recruitment took place?

H J P BOTHA: It was a direct approach.

MS POSWA: Where did you meet?

H J P BOTHA: In Manzini.