Amnesty Hearings — Cape Town — 1997-07-14

JEFFERY T BENZIEN: Until the middle of 1986, I was a Detective at Murder and Robbery at Bishop Lavis.  I was temporarily transferred to the Security Branch in Cape Town.  My Commanding Officer at Murder and Robbery gave me instructions to go to the Security Branch and report there.
	There I acted as an investigator of people contravening the emergency regulations and I was involved there for plus minus one year.  During this period, the need arose in the Security Branch for the tracing of terrorists who had been trained abroad and who were operating in the Peninsula.
	I did not take part in the decision making process due to my junior rank.  I only learnt of these things from my Commanding Officers.  I was informed by Brigadier Strydom, then Head of the Security Branch, Cape Town, that I would be permanently transferred to the Security Branch and specifically the Terrorist Tracing Unit.
	The Unit was stationed at Culemborg, Cape Town.   The Commanding Officer was Lieutenant, now Superintendent Liebenberg.  
	The Unit consisted as an Investigating Team of myself, Warrant Officer, now senior Superintendent Nel, Sergeant J.P. van Zyl and Sergeant Kotze.
	Lieutenant Liebenberg explained the purpose of the Unit to us as being the expeditious tracing and arrest of terrorists, collection of information and intelligence and the confiscating of weapons and arrest of hangers on.
	The modus operandi of the Unit is as was set out above in paragraph ((a)(4) on pages 8 and 9 above.
	On the 8th of June 1989, I received a certificate and a medal from the South African Police for my service in the combatting and tracing of terrorists and this confirms my believe that my seniors condoned my acts.

UNKNOWN: Yes, Chairperson, if you look at the amnesty application, right at the back, there is a copy of this certificate which the applicant received.

JEFFERY T BENZIEN: The acts which I committed were indeed acts committed with a political objective because as a member of the Security Forces of the State, I within the cause and scope of my duties and within the cause and scope of my express or tacit authority, acted in a bona fide manner with the objective of combatting the ANC, especially the ANC's onslaught against the country and the government and its attempts to make the country ungovernable.
	Alternatively, on reasonable grounds I believed that I was acting in the cause and scope of my duties and within the cause and scope of my express or implied authority.  The acts which I committed I answer, based on the following criteria as contained in Section 23 (a) - (f) of Act 34 of 1995.
	The motive why I committed these acts was to, in respect of terrorists who were trained abroad and attached to the ANC or MK, to trace these people to arrest them, to collect information, weaponry and also to arrest hangers on.
	This prevented further acts of terror int he country and in the Peninsula.  The context for these acts was in reaction to political insurrection or disturbance of the ANC.  The ANC tried to overthrow the government by military means.
	These terrorists trained abroad and were active in the Peninsula, were instrumental to the objectives of the ANC who tried to make the Peninsula ungovernable by means of acts of terror.
	The legal and factual nature, as well as the gravity of the offences were per se unlawful and serious.  Nobody was however seriously injured or sustained lasting physical or mental harm or damage as far as I know.  Ashley Kriel, unfortunately was killed.
	The objective of these acts, it was aimed against the political opponent, namely the ANC.  The acts were committed on the orders of my immediate Commanding Officer, Lieutenant Liebenberg.
	The Security Forces served the government of the day and the National Party of which I was a member.  I also acted on behalf of or with the express or tacit approval of the Security Forces and or the National Party.
	The mere fact that the Terrorist Tracing Unit continued to exist for five years until the unbanning of the ANC, in 1990, and I received a medal and a certificate for my service, I believed on reasonable and bona fide grounds that I was acting within the cause and scope of my duties and within the scope of my express or implied authority.
	The relationship between the acts and the political objectives pursued  are defined and described more particularly in (9(a) and 10(a) and (b) above.

UNKNOWN: Mr Benzien, did you benefit in any way financially or otherwise?

JEFFERY T BENZIEN: No.

UNKNOWN: 10(d), not applicable.  11(a), was the act or acts committed in the execution of an order of or on behalf of or with the approval of a particular body or organisation - that will be the South African Police?

JEFFERY T BENZIEN: Yes.  This act was carried out on behalf of the relevant Security Force, namely the South African Police and by implication the then government of the day.
	I believed on reasonable grounds that I was acting in the cause and scope of my duties and within the scope of my express or implied authority because I received the order or approval for the act from a senior member of the Security Forces.

UNKNOWN: 11(b).  The name of the person who gave you the order?

JEFFERY T BENZIEN: My immediate Commanding Officer, Lieutenant Liebenberg.

UNKNOWN: 12, not applicable.  13 is unknown.  Chairperson, all that now remains is the application in respect of the death of Mr Ashley Kriel, but I will stand by what I have now said and I will hand over to my colleague and she can then do the questioning in respect of that.  We have decided to split it up into two parts.

CHAIRPERSON: I think Mr Cook, you better just complete your version, your clients case so that we don't split this case into two parts unnecessarily.

UNKNOWN: As it pleases the Committee.  I ask you to return to page 8 of the application.  Nature and Particulars - 1. Ashley Kriel.
	The applicant says that he stands by his statement which he made in the judicial inquest, 23/87, dated the 15th of July.  What was the outcome of the inquest, Mr Benzien?

JEFFERY T BENZIEN: The Chairperson of the then judicial inquest found that I was not liable in law for Ashley Kriel's death.

UNKNOWN: Mr Ashley Kriel's family, were they represented at all by a legal representative during the inquest proceedings?

JEFFERY T BENZIEN: That is correct.  If I remember correctly it was Adv Jeremy Gauntlett.

UNKNOWN: Did Mr Gauntlett adduce any evidence on behalf of the family?

JEFFERY T BENZIEN: He cross-examined me and he also led the evidence of an independent Pathologist and an independent ballistic expert.

UNKNOWN: The evidence of these two experts, did it contradict your evidence in any way?

JEFFERY T BENZIEN: I can't remember exactly but I think it was in line with the evidence adduced by the State.

UNKNOWN: If you can look right at the back of the application, document A1, Athlone GDO23/87.  If you have that, then I would like to ask my client to read it out.
	Captain Benzien, please continue with reading out your statement there.

JEFFERY T BENZIEN: Chairperson, I would like to mention that this statement was taken down on the 15th of July of 1987, so that there are some minor particulars which aren't strictly correct, I am no longer Detective Officer.  May I continue?

CHAIRPERSON: Yes, Sir.