Amnesty Hearings — Durban — 1999-08-16

MR VISSER: Mr Chairman, the next witness is Mr Wasserman.  You will find his additional statement in bundle 1 from page 24 onwards.  That is the original amnesty application and his additional evidence, Mr Chairman, in bundle 2, from page 4 onwards.

CHAIRPERSON: Thank you.

MR VISSER: I'm sorry, not 4, we've just dealt with 4, page 1 in bundle 2.  Mr Wasserman is ready to take the oath, Mr Chairman.

CHAIRPERSON: Yes.

LAWRENCE G WASSERMAN: (sworn states)

MR VISSER: Mr Wasserman, you also gave evidence before this Committee last week, is that correct?

LAWRENCE G WASSERMAN: Correct.

MR VISSER: And do you incorporate the evidence which you gave before this Committee also today?

LAWRENCE G WASSERMAN: Correct.

MR VISSER: Can you tell the Committee what your recollection is in regard to the facts and your participation in this incident for which amnesty is sought?

LAWRENCE G WASSERMAN: I can Mr Chairman.

CHAIRPERSON: Yes, please do.

LAWRENCE G WASSERMAN: I remember I went with Maj du Preez and we met Col Taylor at the Winkelspruit shooting range.

MR VISSER: Perhaps just for the sake of background, what was your rank at the time?

LAWRENCE G WASSERMAN: I was a Detective-Sergeant.

MR VISSER: A Detective-Sergeant.  And du Preez?

LAWRENCE G WASSERMAN: I think he was a Major.

MR VISSER: Was he a Major?

LAWRENCE G WASSERMAN: A Captain or a Major.

MR VISSER: Alright, you went to the shooting range at Winkelspruit, you say?

LAWRENCE G WASSERMAN: Yes.

MR VISSER: Yes, go on.

LAWRENCE G WASSERMAN: Where we met Col Taylor and we had a discussion regarding a Mr Blessing Ninela who had been picked up by the askaris.

MR VISSER: Did you know Mr Blessing Ninela before that day?

LAWRENCE G WASSERMAN: No, Mr Chairman.

MR VISSER: Did you know anything about his activities?

LAWRENCE G WASSERMAN: I knew nothing first hand.  Mr Taylor told me.

MR VISSER: Right.

LAWRENCE G WASSERMAN: I'm unable to recall the full contents of Mr Taylor's briefing to us, Mr Chairman.   However, I do remember that we were requested by Col Taylor to eliminate Ninela because of terrorist activities in Durban.  He was apparently trained in the use of explosives, as limpets and was responsible for a previous explosion which had occurred in Durban.

CHAIRPERSON: That is what you were told?

LAWRENCE G WASSERMAN: That is what I was told Mr Chairman.
	I also remember that he was apparently found in possession of a limpet mine which was handed over to us with Mr Ninela.  Mr Taylor also explained why Ninela couldn't be charged, but I'm not, I don't recall all those details, Mr Chairman.  However, what was made clear to myself, that Ninela would continue with terrorist activities if released.

MR VISSER: Did you have any reason to doubt the truthfulness or the accuracy of what Taylor told you on that day?

LAWRENCE G WASSERMAN: I would have no reason to do so, Mr Chairman.

MR VISSER: Did you then take charge of Mr Ninela?

LAWRENCE G WASSERMAN: Correct, Mr Chairman.

MR VISSER: Yes, go on.

LAWRENCE G WASSERMAN: We took charge of Mr Ninela as well as the limpet mine explosive and proceeded to the Bulwer area.

MR VISSER: Yes.  Mr du Preez was asked, why take him so far, can you shed any light on that?

LAWRENCE G WASSERMAN: Mr Chairman, I concur with Mr du Preez's evidence.  It would have been out of our area and would have assisted in the anonymity of the deed.

MR VISSER: To cover your tracks, as it were?  Alright.

LAWRENCE G WASSERMAN: We stopped the motor vehicle on the side of the road and went to the railway line.  Alongside the railway line we stopped and I shot Mr Ninela from behind in the head and he died instantly.  We then placed him upon the railway line itself and placed a limpet mine underneath him, underneath his head and his hands and this device was later detonated by Maj du Preez.

MR VISSER: Now why, according to you, was this necessary?

LAWRENCE G WASSERMAN: What exactly?

MR VISSER: Blowing his hands and his head away?

LAWRENCE G WASSERMAN: The reason for that was so he would remain unidentified.

MR VISSER: Was that also in an attempt to cover your tracks?

LAWRENCE G WASSERMAN: That is correct, Mr Chairman.

MR VISSER: You also noticed, well, first of all you waited in the vicinity for the explosion to occur and then you left?

LAWRENCE G WASSERMAN: That's correct, Mr Chairman.

MR VISSER: You have also noted the contents of bundle 1 page 4 where Col Taylor stated what he recalled of this incident.  Is that correct?

LAWRENCE G WASSERMAN: That's correct, Mr Chairman.

MR VISSER: According to your recollection, did Mr Taylor, I'm sorry, did you and du Preez, together with Col Taylor, interrogate Ninela?

LAWRENCE G WASSERMAN: That's not correct, Mr Chairman.

MR VISSER: And did you together with du Preez and Taylor discover that there was no evidence against Mr Ninela?

LAWRENCE G WASSERMAN: I was informed of that by Mr Taylor, Mr Chairman.

MR VISSER: Yes.  And when he stated that he accompanied you to the railway line in the vicinity of Bulwer, what do you say about that evidence?

LAWRENCE G WASSERMAN: That evidence is incorrect, Mr Chairman.  Mr Taylor didn't accompany us.

MR VISSER: Yes.  Now he also says that they, that is referring to yourself and du Preez, were instructed to kill him, that refers to Mr Ninela, and blow up his body to make it appear as if he blew himself up in the process of placing the explosives on the railway line.  Do you remember that that was part of your order, the blowing up?

LAWRENCE G WASSERMAN: No, that wasn't part of the order, Mr Chairman.

MR VISSER: Who decided on that?

LAWRENCE G WASSERMAN: That was decided by Maj du Preez.

MR VISSER: And you followed all orders throughout the whole of this incident?

LAWRENCE G WASSERMAN: Correct, Mr Chairman.

MR VISSER: Can you go to paragraph 11?  I'm sorry, perhaps I should just ask you, you say in your paragraph 10 that you think that Col Taylor might have been confused with another incident, is that correct?

LAWRENCE G WASSERMAN: That's correct, Mr Chairman.

MR VISSER: Which incident is that?

LAWRENCE G WASSERMAN: Mr Chairman, I believe he might have been confusing this incident with that concerning those killed in kwaMashu , three persons killed in kwaMashu under similar circumstances.

MR VISSER: Yes.  Was he present at that occasion?

LAWRENCE G WASSERMAN: On that occasion he was present, yes Mr Chairman.

MR VISSER: Alright.  Please go on.

LAWRENCE G WASSERMAN: In doing what I did I executed my duties as a policeman, the way I saw it and my obligation during the time of conflict and political violence.  We were conditioned by speeches of politicians and directions by our senior officers to do everything that was in our power to confront the revolutionary onslaught at all costs.  There were times when, in terms of the prevailing legislation of the time, it was not possible to solve all the problems that came one's way.  The present case is perhaps an example of such an instance.  In view of the above, I was of the bona fide belief that what I did in the present instance in order to combat or derail the revolutionary onslaught and to protect the government and National Party from political embarrassment fell within my express or implied authority.  I did not participate in the event for any personal gain or was driven by any personal spite or malice an I received no reward.
	I therefore humbly request that the Amnesty Committee will grant amnesty as prayed for.

MR VISSER: Yes, and that amnesty will include the abduction, because Mr Taylor told you he was abducted, is that correct?

LAWRENCE G WASSERMAN: That is correct, Sir.

MR VISSER: And your association with this unlawful detention, his murder and the desecration of the body of Mr Blessing Ninela and such lesser offence or delict as may be supported by the facts, is that correct?

LAWRENCE G WASSERMAN: Correct, Mr Chairman.