Amnesty Hearings — Umtata — 1999-02-02

CHAIRPERSON: We are continuing with the amnesty applications of Gumengu and Tyani.  The Panel is constituted as indicated on the record and appearances are as indicated as well.  It is Wednesday 2nd February 2000.  Mr Malan, are you calling Mr Tyani?

MR MALAN: Thank you Chairperson.

CHAIRPERSON: Mr Tyani, good morning, can you hear us on the headset?

ALAN TYANI: (sworn states)

MR MALAN: Thank you Chairperson.
	Mr Tyani can you please tell the Committee where you're from, your involvement in the police and your background please?

ALAN TYANI: I was born in Kwanduli, a place called Kwaaiman.  I joined the Police Force on the 28th February 1980 at Umtata.

MR MALAN: Were you at some stage selected to become part of the Security Branch of the Trankeian Police?

ALAN TYANI: Yes that is correct.

MR MALAN: And later you became a Sergeant in that unit?

ALAN TYANI: Yes that is correct.

MR MALAN: You're also making application in terms of Section 18 as well as Section 20 of Act 34 of 1995 and you have complied with all the prerequisites contained therein?

ALAN TYANI: Yes that is correct.

MR MALAN: Did you receive special courses to equip yourself with the task that was entrusted to you in the Security Branch?

ALAN TYANI: Yes that is correct.

MR MALAN: Can you name some of the courses that's applicable?

ALAN TYANI: I am not going to be able to mention the date but the first course was in 1981, March, that was a basic course because in the Police Force that ...(indistinct) assignments that differed according to the different units.  The units would tell us how our enemies operate and what we were supposed to do and the basic course we were told as to how to question a person who was arrested and if there is a suspect without any evidence that can be taken to court, how do we make follow up and try to follow that person with a car or something.  I finished that course and then I went for another one.

MR MALAN: If I can interrupt you?  Where did your training differ from the normal police training?

ALAN TYANI: The police training, you go to a college for six months where you are taught as to how to operate the firearm, how to arrest a person, how to give evidence in court etc.  After leaving the college, if you are a uniformed policeman you do as you were taught but if you go to another department of the investigators you get further training.  It depends on your unit.  I was at the Security Branch, not on Murder and Robbery or the Drug Unit.
	After that I went for other courses.  One of them being Ingwe Squad.  That was a trackers course.  I did that in the army here in TDF under Colonel John Golo.  He would get support from the whites who were coming from Zimbabwe.  These white people, some of them, I wouldn't know their names, I would use their surnames.  Some of the people who were giving us training was Bellam(?) who was teaching us as to how to operate a firearm and how to attack an enemy and I finished that course and I did another one under Colonel John Golo.  We were taught by these white soldiers from Zimbabwe.  We were taught about how do the enemies attack, how do they destroy, we were told about the power stations, government buildings.  There were six of us, other people who were there with me was Gufunga and I recently saw him.  We were given a crash course on demolition and explosives and how to chop down the trees.  
	These Zimbabwean soldiers, it was clear that their experience was on normal terrorism because in Zimbabwe they were fighting in the forest and they told us that ours was going to be more difficult because it was against terrorism because this particular person who was an enemy we would be able to drink with him in the bar and stay with him in town and we went for advanced course in Johannesburg.  There's a building written "International", on the second floor of that building we attended an advanced course on explosives.  It was something called anti-bugs meaning if you are in the VIP Unit it enables you to be able to search with the machine, check the bugs that sometimes are attached just underneath the table.

MR MALAN: Sorry to interrupt you Mr Tyani, thank you for the very detailed information regarding your courses, I'm quite sure that the Committee has grasped that you were trained in a very special manner and should the need arise we are more than willing to answer any questions regarding your special training but I think its suffice to withstand with this.  I'm going to read you a section, unfortunately this is of your unsigned affidavit but you are under oath now, which you just can confirm if you feel so.
"The deceased we're referring to, Sthembele Zokwe, was a trained MK member who received training in Angola and advanced training in Russia.  At some stage the exact date I cannot recall, I was given an order by Capt Mfazwe, the Branch Commander of the Security Branch to arrest the deceased dead or alive.  He stressed the fact that the deceased was an extremely dangerous person and that I must be very careful when I apprehend him.
		On the 11th January 1988 I received a message that the deceased was at the Mahikishu Building in Butterworth.  I immediately proceeded to the building in an effort to arrest the deceased.  I found him on the first floor together with a person called schoolboy.  I arrested both of them at gunpoint and at that stage my colleague, Sgt Gumengu, joined me.  We took both people to the office and after interrogation we learnt that the deceased knew where concealed weapons were and he indicated that he was prepared to show us the place where the weapons were kept.  
		Sgt Gumengu and I proceeded to the deceased's home and when we arrived at the deceased, the deceased indicated that the weapons were in a certain room.  Sgt Gumengu and I were afraid it might be a trap or that there could be a booby-trap.  Sgt Gumengu took the deceased's handcuffs off and sent him into the room.  The deceased suddenly closed the room behind him and locked it. 
		After some time we convinced the deceased to open the door.  When he did so Sgt Gumengu shouted a warning that the deceased was bearing a handgrenade and it was evident that he was going to use it.  I started shooting at the deceased and when he fell down the handgrenade also apparently went off.  I'm not sure what killed the deceased but I was certainly shooting at him with the intention to kill him.  
		My motivations for my actions was based upon my political beliefs because I regarded members of MK as enemies of the State and of the community at large.  I also received direct orders to either arrest or alternatively kill the deceased.  I did not benefit financially in killing the deceased expect for my normal salary for which I was entitled every month.  I have no personal vendetta with the deceased and I indeed have remorse if my actions caused pain to the next of kin and family of the deceased.  I beg their forgiveness."
Do you agree with what I've just read?

ALAN TYANI: Yes that is correct.

CHAIRPERSON: Mr Malan, I assume that's not before us, that document?

MR MALAN: Chairperson, I've prepared this and I've faxed it to my learned friend, Mr Mapoma, on their request.

CHAIRPERSON: Yes, I just want to locate if it is before us.  If not then you must hand it in.  For our convenience we haven't been able to notes as you were reading.

MR MAPOMA: Chairperson, I am not in possession of this document which has just been read now.

CHAIRPERSON: Yes.

MR MAPOMA: By my learned friend.

CHAIRPERSON: Yes, won't you let us have copies of that Mr Malan?

MR MALAN: Sure Chairperson, I've got only one problem.  I had this similar copy which was already - thank you, but this one is unfortunately not - what we can do is I can have him sign it at some stage at your convenience?