Amnesty Hearings — Johannesburg — UNKNOWN

<UNKNOWN>: I wish to show you a Bundle of documents which relate to the Lindley shooting incident, page 59 if we can start there Mr Chairman, I have HANDED SOME of the documents, I assume that would be Exhibit K, Bundle of documents relating to...

CHAIRPERSON: Very well this will be EXHIBIT K.
EXAMINATION BY MR JANSEN (contd)

<UNKNOWN>: What is set out there on page 59, it's the paginated page Mr Chairman is the decision by the Attorney -General to prosecute Nofomela, that is conveyed in that letter, is that correct?

ANSWER: That is correct Mr Chairman
"Konstabel Nofomela moet in the Streekshof van drie klagtes van poging tot moord aangeklaer word."

<UNKNOWN>: Yes, now if you'd turn a few pages further, page 64 it's on the second page of a memorandum dated 3 May 1983, how would you describe this memorandum?   Can you see from whom it is and to whom it was?   It actually starts at 63 sorry.
2a	ANSWER: /...
MR JANSEN	125	D J COETZEE

ANSWER: It was addressed to the Divisional Commissioner, South African Police, North Orange Free State, Private Bag X22, Welkom.   Or is that now a memorandum coming from him?

<UNKNOWN>: It's by the State Attorney if you look at the third page thereof.

ANSWER: On the third page.   I can see copies on page 66 were sent to the Commissioner of the South African Police, Private Bag X94, Pretoria.   (b) The District Commandant, Kroonstad and coming from JMH Van der Merwe, Brigadier in Welkom.   I'm sorry I'm at page 66, sorry Mr Chairperson, it's the Staatsprokureur, on behalf of the State Attorney.

<UNKNOWN>: Could I refer you to the words in paragraph 1(a) thereof, that
"Constable Nofomela in a secret investigation in the District of Lindley."

ANSWER: Yes I can see it Mr Chairman.

<UNKNOWN>: Did these instructions did they emanate from the Security Police and more specifically from yourself?

ANSWER: No, this comes from Brigadier Jan Du Preez, this was a decision and in theory we were on a secret operation next to the Lesotho border but for sure not in the Lindley area.   The exact way in how to cover up came explicitly from Brigadier Jan Du Preez, JA Du Preez, who was the then second-in-charge under General Johan Coetzee in the Security Police Headquarters.

<UNKNOWN>: What else did you discuss with Du Preez can you just tell the Committee what did you report to him and what was decided, how were you to go about it?

ANSWER: Well as I say I had already been transferred at this stage to drug squad, Pretoria, and it was a very short conversation where I was told that this will be the line
2a	that /...
MR JANSEN	126	D J COETZEE
that we must take and it was already conveyed by Security Police Headquarters to Brigadier Van der Merwe and that we've just got to proceed to Van der Merwe where the matter will be dealt with.

<UNKNOWN>: Why would somebody like Du Preez have involved himself in the cover up of what actually happened at the shooting?

ANSWER: Well firstly to avoid Joe Mamasela's identity to be blown and secondly to avoid anyone being charged as the result of some conviction which might result in the danger of the illegal activities of the Security Police, like the hit squads being exposed, by the then victim in this case who would have been Almond Nofomela, Mr Chairman.

<UNKNOWN>: The words that the State Attorney uses in his memorandum in paragraph 2
"In the light of the above and especially due to the fact that the person had to keep his identity secret and that he may not give evidence in court, there remains no other alternative than to dispose of the matter in the best possible way."
...instructions from the State Attorney have come from?

ANSWER: From Security Headquarters, Brigadier Jan Du Preez with the consent, I can assure you Mr Chairman, of General Johan Coetzee through the Divisional CID officer, Brigadier Van der Merwe in Welkom, to the Attorney General's offices in Bloemfontein, Advocate Tim McNally.

<UNKNOWN>: To return to the page where you were just now page 66 of that memorandum, Mr Chairman again this is obviously not a document of which the applicant is the author, but if I could just ask him as a policeman could you recognise this document and would you be able to make some
2a	sense /...
MR JANSEN	127	D J COETZEE
sense of this document as to where it emanates from and for what purposes it goes somewhere?

ANSWER: On page 66?

<UNKNOWN>: Yes.

ANSWER: The stamp, rubber stamp impression on the right top hand side is that of the Commissioner of Police upon receipt of documents, each one is stamped, and it was received on 5 May 1983 in Pretoria.   Then there is a Private Bag No at the top, a reference number, enquiry number Major Ellis, a phone number which is the 017 code, I don't know which area code that is, 4 May 1983, it should be the Welkom because I see the author of the letter is Brigadier JMH Van der Merwe, Divisional Commissioner, Welkom, Brigadier.   It was addressed to the Commissioner of Police with a copy to the District Commandant in Kroonstad which fell under the Divisional Commissioner, Welkom.

<UNKNOWN>: It paragraph 3 thereof it says that
"Van der Merwe's instructions to the State Attorney was given with the full knowledge of the head of the Security Police at the time."
Do you see that?

ANSWER: I see that Mr Chairman.

<UNKNOWN>: Who was the head of the Security Police at the time?

ANSWER: General Johan Coetzee, Mr Chairman.

<UNKNOWN>: At the time would it have struck you as strange that people like the head of, well let me first ask you this.   If the head of the Security Police had wanted to know the truth, would it have been very difficult to find out from him whether you were actually busy with a secret operation in the Lindley area?
2a	ANSWER: /...
MR JANSEN	128	D J COETZEE

ANSWER: No not at all, in fact he would have known the truth and would have assisted in the covering up.   The only reason Mr Chairman if a source is of some value, a cover-up of this kind would happen if he has no value at all he would be assassinated as happened to many askaris after my time.

<UNKNOWN>: Was it strange to you or not that the cover-up and the defeating of the ends of justice would seemingly have the approval right up to the top of the Security Police?

ANSWER: Not at all surprising, common practice I think like was proved in the Harms Commission that even higher up to the Commissioner of Police, former Commissioner of Police Johan Van der Merwe who is admitting and even up to a cabinet level.

<UNKNOWN>: Yes, as a security policeman then was your understanding that if there were any judicial problems or any problems from the political side that your colleagues would cover up for you and that you would cover up for them as much as is possible under the circumstances?

ANSWER: That's correct with the knowledge and co-operation and contacts of the upper echelons of the police, yes Mr Chairman.

<UNKNOWN>: In covering up the Lindley incident and the diamond dealer, was it your understanding that you were in fact performing or doing what was condoned in the wider culture of the Security Police?

ANSWER: That is correct Mr Chairman.

<UNKNOWN>: Was it generally understood by people in the Security Police that they could successfully keep the judicial officers, such as prosecutors and the Attorney-General in the dark?
2a	ANSWER: /...
MR JANSEN	129	D J COETZEE

ANSWER: Absolutely Mr Chairman, they had no problem with that at all.

<UNKNOWN>: Was it their custom if need be to lie for each other in judicial proceedings?

ANSWER: It was absolutely as proved in the McNally and the Harms Commissions, amongst other things, amongst other Mr Chairman.

<UNKNOWN>: The impression that you got, did you get the impression that they were successful in these attempts?

ANSWER: They were 100% successful over the years Mr Chairman.

<UNKNOWN>: Does that apply to politicians as well?

ANSWER: That is correct Mr Chairman.