Amnesty Hearings — Durban — 1998-11-11

MR VISSER: Mr Chairman, I call to the witness stand Colonel Hendrik Johannes Petrus Botha.  He will give his evidence in Afrikaans, Mr Chairman.

CHAIRPERSON: Number 1 is it?

MR VISSER: I'm sorry.  Mr Chairman, it's number 1 in Bundle 1 of the Zandile case, it's page 1 and following.

HENDRIK JOHANNES PETRUS BOTHA: (sworn states)

MR VISSER: Mr Botha, you are an applicant and you apply for amnesty in terms of the Act and furthering of reconciliation with regards to any irregular acts, omissions or offences which was committed with regards to the kidnapping and detention and elimination and then the coverup of the death of Phila Portia Ndwandwe whose MK name was Zandile and we will refer to this person as Zandile as well as the arrest and the detention and the elimination and the coverup of the death of Bumezu Ngubene and we will refer to this person Bumezu and also the arrest, detention and elimination and the later cover up of the death of Sibo Sizwe Nglovu, Manzi Vilakazi, Elias Gift Mjali and we will refer to these people as the kwaMashu three, is that correct?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, Chairperson.

CHAIRPERSON: Before we go on for the sake of clarity, as far as I'm concerned, can we call this bundle, Bundle 2, call the first bundle the Bhila bundle, Bundle 1, this is Bundle 2.

MR VISSER: And could we then immediately renumber the other bundles as well Mr Chairman because it will make it so much easier.  Yes, thank you Mr Chairman.
	Your application, for the sake of the record, we'll find that in Bundle 2, pages 1 - 23?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, Chairperson.

MR VISSER: You are aware and you know the contents of your written application of which there is an extract in the pages we've just mentioned, pages 1 -23.  Do you confirm that the contents thereof is correct with the exception of that which you might explain in your evidence later?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, Chairperson.

MR VISSER: You ask for the incorporation into your evidence the document which is known as the document which is known as "The Foundation for Equality Before the Law" and also the submission of General Johan van der Merwe as well as the statement of ex-Generals and we know that the Foundations document is in volume 3 page 169 to page 404 and General van der Merwe's submission, Volume 2 page 126 - 156 and the statements of the ex-Generals, as they are referred to, in Volume 2 page 157 to page 168.  Is that correct?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, Chairperson.

MR VISSER: Mr Botha, please tell us about your background, where you come from, where you were born etc?

HENDRIK JOHANNES PETRUS BOTHA: Chairperson, I was born on the 2nd January 1953 in Lamberts Bay in Western Cape.  I was brought up in South West Africa.  In 1969 my parents moved to Oshakati in Ovamboland and I went to boarding school in Windhoek where in 1971 I matriculated at the high school in Windhoek.

MR VISSER: During the time whilst you were growing up in South West Africa which is now known as Namibia, under what political influences did you find yourself?

HENDRIK JOHANNES PETRUS BOTHA: I grew up in a National Party house, my parents were conservative and consequently our outlook and discipline in the house was conservative in nature.

MR VISSER: Yes and in the time whilst you were in South West was there then already talk of the bush war in Ovamboland?

HENDRIK JOHANNES PETRUS BOTHA: Chairperson yes, in 1969 Ovamboland was quite a quiet place.  After I joined the police force the increase in terrorism in Ovamboland was increasing and it escalated to such an extent that with the civil war in Angola it was part of the process and was part of the consequences of that war in Nambia.

MR VISSER: You already said that in 1971 you matriculated and then, did you immediately join the South African Police force?

HENDRIK JOHANNES PETRUS BOTHA: That is correct Chairperson, that same year I joined the South African Police.  I was for six months a student constable at the police in Windhoek and for six months I received my training in the Police College in Pretoria in 1972.

MR VISSER: You are now referring to page 3 of Volume 2 where you give a summary of your police career, is that correct?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, yes.

MR VISSER: But you can just quickly summarise it for us?
You did a security course 1972 to 1973 in Pretoria and you also you were promoted from 1973 to 1981 from Constable to Sergeant, Warrant Officer and Lieutenant in the security branch in Windhoek, South West Africa?

HENDRIK JOHANNES PETRUS BOTHA: That is correct sir.

MR VISSER: Just in order to explain to us, your police career, you had three different force numbers, is that correct?

HENDRIK JOHANNES PETRUS BOTHA: Yes.

MR VISSER: I think you have stated it?

HENDRIK JOHANNES PETRUS BOTHA: Yes.

MR VISSER: You put it in the margin on page 3.  All three of them are there Mr Chairman, you will see in the margin 59737M and then 000161 and 405290/1.  In 1983 you came to Durban, that was a transfer, is that correct?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.

MR VISSER: You were then a Lieutenant in the South African Police?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.

MR VISSER: And you were transferred to the security branch in Durban?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.

MR VISSER: And there you did service until November 1993?

HENDRIK JOHANNES PETRUS BOTHA: That is correct, Chairperson.

MR VISSER: In that time which we are talking of you were promoted to Captain and then Major and then Lieutenant Colonel, is that correct?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.

MR VISSER: And later you became the commander of the intelligence unit of the security branch here in Durban or Port Natal?

HENDRIK JOHANNES PETRUS BOTHA: Yes, it was the intelligence unit in Natal, it was after the three of them amalgamated.

MR VISSER: I apologise, yes.  You also say that since November 1993 up until 30 November 1996 you were promoted to Superintendent Intelligence Management Internal Security  Mpumpulanga Province and that Mpumalanga, is that in the Transvaal?

HENDRIK JOHANNES PETRUS BOTHA: Yes, the old Eastern Transvaal.

MR VISSER: And you left the South African Police Force on the 30th November 1996 with a package, a severance package.  Can you please tell the Members of the Committee about your background and approach which you experienced during the time whilst you were serving as a police officer and in general just sketch your political background with regards to your job as a police officer.

HENDRIK JOHANNES PETRUS BOTHA: Chairperson, directly after my security course training in Pretoria I went back to South West Africa and I worked there at the security branch.  As the bush war escalated and because I was involved in the security branch in Windhoek I was tasked with the gathering of information South of the Red Line as it was called and we weren't really exposed to terrorism in the terms of the bush war in Ovamboland itself.  After the civil war in Angola and with the escalation of the bush war there was also internal terror which was on the increase in South West Africa and in 1975/76 we found the first acts of terrors in the urban areas in Windhoek and in Swakopmund and then it made us quite aware of the urban terror.  Because we lived in South West Africa and we were aware of the war in Angola it became an everyday way of life and it was not something that you only took notice of, something that happened far away from you and consequently your whole life was directed towards this.
	With my transfer to the division in Durban in 1983 I also experienced here that Natal at that stage was already a target of the liberation movements.

MR VISSER: And with everything that went along with it?