Amnesty Hearings — Durban — 1999-10-09

MR VISSER: Yes, Chairperson.  The matter in which evidence was given before Justice Mall was the Deon Cele matter, C-E-L-E matter. Would you then begin on page 2 and submit to the Committee regarding your knowledge and involvement of this incident and your application for amnesty?

HENDRIK JOHANNES PETRUS BOTHA: Chairperson, I have noticed that the bundle regarding this incident indicates that the incident took place during May 1987.

CHAIRPERSON: I think it's either April or May, towards the end of April, beginning of May, yes.

HENDRIK JOHANNES PETRUS BOTHA: I would accept that.

MR VISSER: Yes, Mr Chairman, the reference is bundle 2 page 5, paragraph 2, where the sister of the deceased made a statement in which she actually pinpoints the date.

CHAIRPERSON: What's that reference again?

MR VISSER: Bundle 2, page 5, Chairperson, paragraph 2.  You will see towards the end there that she pins the date on the 25th of April 1987 and she actually connects it to a very important event, the wedding apparently of her younger sister, so we can't have any argument with that, Chairperson, particularly in view of the fact that the applicants don't really recall the exact date, so for purposes of this hearing, Chairperson, we're going to accept and assume that that is the correct date, unless other evidence comes to light.

CHAIRPERSON: Yes.

MR VISSER: Very well, paragraph 2.

MR LAX: Mr Visser, just so we're clear on this, that's not the date the incident happened, that's approximate, sometime after that date.  That's the date that woman left the family home and she doesn't know what happened to her sister after that date, if one reads that statement, so all I'm saying is we can't pin point this incident as happening precisely on that date.

MR VISSER: Mr Chairman, Commissioner Lax is correct, but we don't want to argue the matter now but it is clear from the neighbour's statement and from this statement which I've just shown you that she was told that on that date, the neighbour told her that Khubeka had left to the station to meet some people and it seems to tie up, Chairperson.  Well, but in any event we can argue about that later.  We believe, or the applicants believe that it was somewhere in May, but we have no problem if it was in April, that's the only point I'm trying to make.  Very well, would you proceed with paragraph 2?

HENDRIK JOHANNES PETRUS BOTHA: In 1987 I was in command of the Intelligence Unit of the Terrorism Section of the Security Branch Port Natal.  In 1987 the Security Branch Port Natal was under the Command of Gen Steyn.

MR VISSER: Just proceed somewhat slower so that it can be appropriately interpreted.

HENDRIK JOHANNES PETRUS BOTHA: Col Taylor was the Commander of the Terrorism Unit.

MR LAX: Sorry, of the - is it the Askari Unit?

HENDRIK JOHANNES PETRUS BOTHA: Chairperson, it is the Terrorism/Askari Unit, later he worked more specifically with the Askari Unit, but that was later.

MR LAX: Because I'm just looking at Exhibit B, it just makes mention of the Askari Unit, so that should be the Terrorism/Askari Unit.

HENDRIK JOHANNES PETRUS BOTHA: And worked with the identification, tracing and arrest of terrorists.  He was my senior in rank.

MR LAX: What was your rank at the time?

HENDRIK JOHANNES PETRUS BOTHA: I think I was a Captain.  During 1987, I cannot recall the precise date, the MK Intelligence Unit of the Security Branch collected information regarding locally trained combat units of MK's activities in the Durban environment and particularly in kwaMashu and Inanda.  According to information a woman from kwaMashu, Nthombi Khubeka, was involved in the revolutionary struggle because she had acted in a co-ordinating capacity between the externally trained terrorists and locally or internally trained combat units and had assisted terrorists.  She was responsible for the storage of weaponry, the provision of accommodation to terrorists and the collection of intelligence with regard to targets of terrorism.  Her family were well-known activists in kwaMashu.  Her brother, Themba Khubeka and sister, Sibongile Khubeka, were at that stage according to my knowledge in Lusaka at the ANC Head Office where they were working.

MR VISSER: Mr Chairman, if you wish to make a note of a cross-reference, in bundle 2 page 5, paragraph 4, there is mentioned by the sister of Mrs Khubeka of three sisters and a brother being in exile, for what it's worth, Mr Chairman.

HENDRIK JOHANNES PETRUS BOTHA: It was decided to infiltrate her and her structure of co-operators and collaborators by members of Unit C1, who at that stage were serving in Durban and surrounding area.

MR VISSER: That would be Vlakplaas?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.  I can recall the following members of C1 who were serving there during that time, W/O Marthinus Ras, W/o Frank McCarter, W/O Simon Radebe, Sgt Joe Coetzer, Const Jimmy Mbane, an askari, Const Dube, an askari, and other members whom I cannot recall.  Capt Dave Baker was the visiting officer from C1 Security Branch Head Office, Pretoria.

MR VISSER: Can you recall whether during that period of time, or let me put it correctly, over what period of time are you speaking, when you refer to the beginning and the end of the circumstances surrounding this incident?

HENDRIK JOHANNES PETRUS BOTHA: The intelligence collection operation took approximately two months.

MR VISSER: Now during that period of time, do you recall that Mr Eugene de Kock was here in Durban?

HENDRIK JOHANNES PETRUS BOTHA: No, Chairperson, I cannot recall anything like that.

MR VISSER: Very well, please proceed.

HENDRIK JOHANNES PETRUS BOTHA: The members of the Security Branch Port Natal, who were involved in the information operation were myself, Lieut Sam du Preez, Sgt Laurie Wasserman, Sgt van der Westhuizen and W/O Basson.

MR VISSER: And the ranks that you have just mentioned, do these refer, according to the best of your recollection, to the ranks of these persons in 1987?

HENDRIK JOHANNES PETRUS BOTHA: That is correct.  After members of C1 had succeeded in establishing contact with Nthombi Khubeka by means of an informer, C1 members, W/O Radebe and askari members Jimmy Mbane and Dube were deployed to undertake the infiltration specifically.  W/O Radebe was the group leader.
	Over several days they reported that progress was being made.  Khubeka acted in a co-ordinating capacity and performed a leading role with regard to the accommodation of externally trained terrorists in kwaMashu.  I think a word has been omitted there.

MR VISSER: We apologise for that, Mr Chairman.  Please proceed.

HENDRIK JOHANNES PETRUS BOTHA: And she also showed weaponry to one or more of the group and this was weaponry that she stored on behalf of the terrorists.  C1 members, I think that particular person was Jimmy Mbane, were tasked to make contact with the terrorists through her.  They arranged an appointment for a particular day, I suspect it was a Sunday, with Khubeka to meet her.  The idea was that she would lead one or more of the C1 group to the terrorists and that the leader would be taken to the Durban beach front, at Battery Beach.  As previously arranged, we waited for the vehicle in which they would arrive.  The following members and I undertook observation at the rendezvous point late that afternoon.  These members were Maj du Preez, Sgt van der Westhuizen  and Bossie Basson.  That is W/O Basson who has passed away in the meantime.
	To the best of my recollection it was Mbane who would bring the leader of the terrorists to the rendezvous point.  I may however be mistaken in this regard.  I also recall that the vehicle which was used for that purpose was a Toyota Corolla vehicle.  Although this vehicle often was painted another colour, it is my recollection that at that stage it was a light brown colour.

MR VISSER: Just for interest sake, why was this vehicle often painted another colour?