Amnesty Hearings — Durban — 1999-08-12

MR VISSER: Mr Chairman, the next witness is Maj du Preez.  His statement of his evidence also appears in the additional bundle and I would refer you to page 41 of that additional bundle, Mr Chairman.  Du Preez is present and he will give his evidence in Afrikaans.  He has no objection to taking the prescribed oath.

S G DU PREEZ: (sworn states)

CHAIRPERSON: Did you say page 41 of bundle B?

MR VISSER: Of the original bundle, and page, I'm sorry, of the additional bundle and page 10 of the original bundle, Mr Chairperson.  In the original bundle his amnesty application, he deals with the Tekere matter.

CHAIRPERSON: Yes, I've got that, thank you very much.

MR VISSER: Thank you, Mr Chairman.

MR VISSER: At page 12, I think it is.  Mr du Preez, you are also an applicant in the amnesty application with regard to the death of Mr Tekere?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: Do you have  -  have you studied Exhibit A and read through it?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: Are there any parts of Exhibit A which are not applicable to you?

S G DU PREEZ: The parts with regard to Lesotho and Botswana.

MR VISSER: And with regard to the remaining parts of Exhibit A, was this on the grounds of your own knowledge and on the grounds of reports that were sent to you and your general knowledge?  Can you confirm those parts?

S G DU PREEZ: Yes, that's correct, Chairperson.

MR VISSER: And you ask that these be considered in the consideration of your application?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: You have previously given evidence in the Ndwandwe matter and the so-called kwaMashu 3 which was Ntjale Villakase and Sibusiso?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: As well as Mr Pumezo Mcubini?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: Mr du Preez on page 42 of the additional bundle, you have said that your memory is quite vague and in the introduction you said that these events took place over a long period and you were involved with several instances and there are no documents which you can refresh your memory by and base your memory on, is that correct?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: And in your original application indeed you have said that the incident as to which you will give evidence, excuse me we will repeat that, but with regard to your application you said that you could not recall anything at that stage with regard to this incident.

S G DU PREEZ: It is more that I was confused with all the events.

MR VISSER: Yes, that is what I wanted to ask you.  At that stage you were not certain as to which facts fitted in with which events?

S G DU PREEZ: That's correct.

MR VISSER: And you require that your evidence be elaborated by means of a document which was handed in.  Can you please proceed with paragraph 3 on page 42, the additional bundle.  Oh excuse me, maybe I should just ask you beforehand, during this incident you were stationed at Durban, is that correct?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: Who was your Commanding Officer?

S G DU PREEZ: If I recall correctly, it was Botha.

MR VISSER: And that is what you said the previous time when you gave evidence?

S G DU PREEZ: That's correct.

MR VISSER: And which Commander was above him?

S G DU PREEZ: It was Col Taylor.

MR VISSER: What was your rank, Sir?

S G DU PREEZ: I think I was a Lieutenant or a Captain at that stage.

MR VISSER: And you are currently a Major?

S G DU PREEZ: That's correct.

MR VISSER: With which you retired from the Force?

S G DU PREEZ: That's correct, Chairperson.

MR VISSER: Please continue from paragraph 2.

S G DU PREEZ: I think I will start at paragraph 3, we've already dealt with paragraph 2.  It was arranged that Wasserman and I, ...(intervention)

MR VISSER: Please excuse me, will you please start at paragraph 2?

S G DU PREEZ: I am only able to recall certain matters in this incident and I recall that Col Taylor called me on one day and requested me to go to a farm in the Elandskop area with W/O Wasserman.  This farm, according to my knowledge, was used as a safe-house by Col Vorster.
	It was arranged that Wasserman and I would meet Vorster in Pietermaritzburg and we followed him in our vehicle to the farm, where we arrived at dusk.  On the farm we met Col Taylor and a black man.  While the black man was left behind in the house, Col Taylor told Vorster, Wasserman and myself certain information outside the house.  As far as I can recall, the information was to the effect that the man, Tekere was a trained terrorist and that he was a member of the ANC's Special Operations Unit.  He was arrested while he was on his way to place an explosive device in the Durban area.  
	Col Taylor also informed us that he tried to recruit Tekere, but that he was not successful.  Taylor was of the opinion that he could not release Tekere because he would disclose the identity of askaris to the ANC and that he would continue with his terrorist activities.  He also did not have any evidence which he could use to have Tekere prosecuted.  Col Taylor informed us that he consequently decided that Tekere had to be eliminated and he ordered Wasserman and I to carry out this order.  From this information it became clear that Tekere was abducted and was detained unlawfully.  
	On the grounds of the following actions I associated myself with this.  Vorster indicated a place to us in a plantation of pine trees close to the road which led to the garage.  Wasserman and I dug a grave there with the spades which Vorster supplied to us.  When we were done, we returned to the house where Tekere was informed that he would be moved to another place and he was blindfolded.  I think Tekere was cuffed all the time, with his hands behind his back.  
	Wasserman and I walked Tekere down the road and at some point close to the grave, Wasserman hit Tekere over the head with a baton and he fell unconscious.  After he fell on the ground, Wasserman shot him in the head and chest with a silenced Makarov pistol.  We removed Tekere's clothing, placed him in the grave and closed the grave.  Afterwards we went back to the house.
	The clothing of Tekere was burned right there on the farm, if I recall correctly, a fire was made outside the house.  Afterwards we returned back to Durban.

MR VISSER: And you say that the actions and omissions which were committed by you, were done in the execution of your official duty and you acted here in the instruction of a senior officer, whose instructions you were obliged to execute and this was in the opposition of the struggle to protect the government and the National Party's interest and to combat the revolutionary onslaught and you bona fide believed that you acted within your implicit or expressive authority?

CHAIRPERSON: You know there's a limit to way questions are put.  You know, you don't make a statement to him, you put a question him.  We've reached so far in this matter that at this stage that it can't prejudice anybody.

MR VISSER: Yes, I thought so Mr Chairman, but if you feel that I should lead it to the witness to say it out of his own each time, then I will gladly do so.

CHAIRPERSON: No, but I think that as far as crucial aspects of the evidence are concerned, let that come out of his own mouth.

MR VISSER: Yes, of course.

CHAIRPERSON: Rather than him saying yes or no, if you don't mind.

MR VISSER: Yes.  Chairperson, do I understand you correctly to say that I can go a bit quicker over the issues pertaining to the past as I've just done?

CHAIRPERSON: Yes, quite right, there's nothing wrong with that.  We can understand because there has been a great deal of evidence that's already been led.

MR VISSER: Yes, I thought so, Chairperson, with respect, but as far as his evidence on the facts is concerned, I'd rather let him tell you that out of his own.