Amnesty Hearings — Cape Town — 1999-10-28

CHAIRPERSON: Good afternoon Ladies and Gentlemen.  Before we proceed, I'm Judge Pillay.  I'm going to ask my colleagues and the different representatives to announce themselves for the purposes of the record.

ADV SIGODI: I'm Sibongile Sigodi, I'm an Amnesty Committee Member.

ADV BOSMAN: I'm Francis Bosman, I'm an Amnesty Committee Member on this Panel.

MR PAPIER: I'm Taswell Papier, an attorney from Papier, Charles Inc., acting on behalf of the applicants in this matter, Sidney Hendricks, Moegamat Aneez Salie and Vanessa Rhoda November.

MS PATEL: Thank you.  Ramula Patel, Leader of the Evidence.  If I may at this stage mention, Honourable Chairperson, if I may at this stage mention that the victim Moegamat Nurudien Bartlett is present and he has no objection, or he's not opposing the application.

CHAIRPERSON: What are his full names?

MS PATEL: It's Moegamat Nurudien Bartlett.

CHAIRPERSON: Can you spell that Moegamat?

MS PATEL: M-O-E-G-A-M-A-T  Nurudien is spelled N-U-R-U-D-I-E-N

CHAIRPERSON: Bartlett?

MS PATEL: Yes, with a double t at the end.  Thank you, Honourable Chairperson.

MR PAPIER: Thank you Judge.  I will now call Sydney Hendricks to the stand.  He elects to give his evidence in English.

CHAIRPERSON: Where would I find his application, on page?

MR PAPIER: On page 20.

SIDNEY HENDRICKS: (sworn states)

MR PAPIER: Thank you Judge, Commissioners.  Mr Hendricks, this is an application.  You are applying for amnesty with regard to an incident that arose on the 28th of September 1998, where a bomb was detonated at the Bontheuwel Rent office, is that correct?

SIDNEY HENDRICKS: That is correct.

MR PAPIER: Now, is it correct that you were the Commander of the Ashley Kriel Detachments Bontheuwel Unit at the time of this incident, the 28th of September 1988?

SIDNEY HENDRICKS: Yes.

MR PAPIER: Now where were you recruited, or when were you recruited?

SIDNEY HENDRICKS: I was recruited in late 1987 but my political involvement goes long before that time, but I was recruited in 1987.

MR PAPIER: Yes.  Who was all part of this unit?

SIDNEY HENDRICKS: It was me, myself, Vanessa and the late Colin Williams.

MR PAPIER: Is this Vanessa November, the other applicant in this matter?

SIDNEY HENDRICKS: Yes.

CHAIRPERSON: Three of you?

SIDNEY HENDRICKS: Only the three of us, we formed the unit, yes.

CHAIRPERSON: Would you just repeat them please?

SIDNEY HENDRICKS: The three of us, Vanessa November, Sidney Hendricks, that's myself and the late Colin Williams.

MR PAPIER: Now, as indicated, you were the Commander of this cell or this unit, is that correct?

SIDNEY HENDRICKS: Yes, I was the Commander of the unit.

MR PAPIER: Now I understand that the Bontheuwel Rent Office was identified as a target for a limpet mine attack, is that correct?

SIDNEY HENDRICKS: That was correct, yes.

MR PAPIER: Under whose overall command were you acting?

SIDNEY HENDRICKS: I was acting under the overall command of Aneez Salie.

MR PAPIER: Who is also an applicant in this, the Hearing today, is that correct?

SIDNEY HENDRICKS: Yes.

MR PAPIER: Now your affidavit before this Committee makes reference to, on page 53, paragraph 4, that"
"On the 28th of September 1998"
I understand that's a typing error, is that correct?

SIDNEY HENDRICKS: That is correct, yes.

MR PAPIER: What is the correct date?

SIDNEY HENDRICKS: The correct date is the 28th of September 1988.

MR PAPIER: Yes.  Now can you in fact tell this Commission or Committee what happened on the 28th of September 1988 in relation to the Bontheuwel Rent Office?

SIDNEY HENDRICKS: Okay.
"First we decided that the Bontheuwel Rent Office was going to be a target and then we had to do reconnaissance work ensuring that nobody should get hurt in the incident, whether it was safe to do it, whether there were people using the street at that time of the night and that was what we first had to establish and we established that it was quite safe.  Nobody used that alley and we said it was safe to carry out the operation.

MR PAPIER: Yes.  Why was the Bontheuwel ...(intervention)

CHAIRPERSON: Over what period was the reconnaissance take place?  What period?

SIDNEY HENDRICKS: The period, we used three weeks to do reconnaissance on the Rent Office and that means by loitering at night, loitering around the area for the time and establishing who uses, if they use it and we have established that, that the street is not used at night.

MR PAPIER: Why was the Bontheuwel Rent Office chosen?

SIDNEY HENDRICKS: The Bontheuwel Rent Office was chosen because we have seen it as a means to carry out the political objectives of our unit and that was, we have seen that the Rent Office was an oppressive mechanism used by the State and that's why we have identified the Rent Office.  We also wanted to spark off a rent boycott and the local councillor was also using the Rent Office and that's why we decided on the Rent Office as a target.

MR PAPIER: I understand that you were also, or where were you living at the time?

SIDNEY HENDRICKS: I was living in Bontheuwel.  I am still living in Bontheuwel.

MR PAPIER: Yes.  So I understand that you then did the reconnaissance and on the night of the 28th of September, what happened?

SIDNEY HENDRICKS: On the night of the 28th of September, myself, the late Colin Williams and Vanessa, we proceeded to the Rent Office and then we secured the area by seeing that it is quite safe and it is not used, we established that first, because if we found out that the area was being used then we would have cancelled the operation.

MR PAPIER: Yes, so it was you ...(intervention)

CHAIRPERSON: What do you mean by used?

SIDNEY HENDRICKS: By used I mean, nobody walked in Bontheuwel, the streets are quite empty at night and by used I mean, there are only certain streets that are used, nobody uses the street by the Rent Office, because that street was quite dark and there's nothing happening in that vicinity.

MR PAPIER: Yes.  So I understand that it was your instruction to avoid any injury to any member of the public, or any person, is that correct?

SIDNEY HENDRICKS: Yes.

MR PAPIER: Now were you in possession of any ammunition?

SIDNEY HENDRICKS: Yes, I was in possession of a cache which I got the limpet mine from.

MR PAPIER: Yes and can you tell us what happened?  You proceeded to the Rent Office with Vanessa and with the late Colin Williams, armed with the limpet mine.

SIDNEY HENDRICKS: Yes, after securing the area and seeing that it's safe, we proceeded to prime the limpet mine and we then placed it at the door of the Rent Office and then we respectively went to our homes.

MR PAPIER: Yes.  Now who primed the limpet mine?

SIDNEY HENDRICKS: The limpet mine was primed by Colin Williams.

MR PAPIER: Yes and how was it placed at the door?

SIDNEY HENDRICKS: It was placed at the door on its side.  I think we used a milk carton and we placed it on its side.

MR PAPIER: You say you used a milk carton, it was an empty milk carton, is that correct?

SIDNEY HENDRICKS: Yes.

MR PAPIER: And where was the limpet mine placed?

SIDNEY HENDRICKS: At the front door of the Rent Office.

MR PAPIER: Yes.  Was it placed in this milk carton?

SIDNEY HENDRICKS: In the milk carton, yes.

MR PAPIER: I see.  What happened thereafter?

SIDNEY HENDRICKS: After we primed the limpet mine, we then went to our separate homes.

MR PAPIER: Yes.  I understand that you established thereafter that the limpet mine was detonated and Mr Bartlett, Mr Nurudien Bartlett was unfortunately injured, is that correct?

SIDNEY HENDRICKS: Yes, that is correct and we deeply regret that Mr Bartlett was injured in this incident because it wasn't our intention for anybody to get hurt in the incident and it's only afterwards that we found out that he had gotten hurt in the incident.

MR PAPIER: Yes.  Now what was you overall objective?

SIDNEY HENDRICKS: As I've said ...(intervention)