Amnesty Hearings — Durban — 2000-09-04

MR MOERANE: Thank you Chairperson.  The next applicant I intend calling is Mr Derek Naidoo.

DEREK NAIDOO: (sworn states)

MR MOERANE: Thank you, Chairperson.
	Mr Naidoo, how old are you?

DEREK NAIDOO: I am 40 years of age.

MR MOERANE: What is your present occupation?

DEREK NAIDOO: I'm an attorney.

MR MOERANE: In which firm.

DEREK NAIDOO: The firm Salashle, Pillay and Associates.

MR MOERANE: Now you are applying for amnesty in respect of two incidents, incident 17 and 18 in bundle 1, that relates to the bombing of the Chatsworth Magistrate's Court building and the bombing of the residence of Mr Amajan Rajbansi's residence?

DEREK NAIDOO: That is correct.

MR MOERANE: Were you a member of the African National Congress' underground movement?

DEREK NAIDOO: That is correct.

MR MOERANE: From what period?

DEREK NAIDOO: From 1984 to present.

MR MOERANE: You have heard the evidence of Dr Ramlakan, do you identify yourself with his sentiments with regard to the aims and objectives of the African National Congress in particular, it's armed wing, Umkhonto weSizwe?

DEREK NAIDOO: I do, Mr Chairperson.

MR MOERANE: You also identify yourself with the motives he has given for the attack on Mr Rajbansi's house and the Chatsworth Magistrate's Court?

DEREK NAIDOO: I do Mr Chairperson.

MR MOERANE: What was your particular role in the Chatsworth Magistrate's Court matter?

DEREK NAIDOO: Chairperson, I was the member of the unit based in Chatsworth and my role in the bombing was to one, together with members of the unit, identify a probable target and also to planned and reconnoitre that particular target which I did on that particular day and days prior to that.

MR MOERANE: Who were in the units with whom you planned this operation?

DEREK NAIDOO: The members that were involved was David Madurai.

MR MOERANE: One of the applicants in this matter?

DEREK NAIDOO: One of the applicants in this matter.

MR MOERANE: Yes?

DEREK NAIDOO: It was Lenny Seventhra Naidoo who is now deceased.

MR MOERANE: Yes?

DEREK NAIDOO: And the commander of the unit was Raymond Metheraj Saclou.

MR MOERANE: Is that the gentleman whose name was mentioned during the testimony of Dr Ramlakan?

DEREK NAIDOO: That is correct.

MR MOERANE: Would you tell the Committee about Mr Metheraj and how you relate to him?

DEREK NAIDOO: Mr Metheraj was the commander of our unit and he had given evidence in my trial which was the State vs D Naidoo at which trial he was a State witness and I'm given to understand that by virtue of being a State witness he was given indemnity for the acts that we had committed.

MR MOERANE: Have you spoken to Mr Metheraj after the incidents and after your trial?

DEREK NAIDOO: I have spoken to Mr Metheraj after the trial but I did not speak to Metheraj immediately after the incident.

MR MOERANE: Yes, well what is your present relationship with Mr Metheraj?

DEREK NAIDOO: My relationship is one of cordiality.

MR MOERANE: The two of you have reconciled?

DEREK NAIDOO: We have Mr Chairperson.

MR MOERANE: You told the learned Committee that you were charged with offences arising out of the two incidents?

DEREK NAIDOO: Yes.

MR MOERANE: Were you convicted?

DEREK NAIDOO: I was convicted.

MR MOERANE: Sentenced?

DEREK NAIDOO: I was sentenced to five years imprisonment.

MR MOERANE: How much of that sentence did you serve?

DEREK NAIDOO: Two years, Mr Chairperson.

MR MOERANE: Was this in the Regional Court?

DEREK NAIDOO: It was in the Regional Court, that is correct.

MR MOERANE: Durban?

DEREK NAIDOO: Durban.

MR MOERANE: Do you associate yourself with the reasons why these two targets were chosen?

DEREK NAIDOO: I do Mr Chairperson.

MR MOERANE: Did you derive any financial or material benefits from your acts as a member of the ANC, Umkhonto weSizwe or from these operations in respect of which you are seeking amnesty?

DEREK NAIDOO: No, Mr Chairperson.

MR MOERANE: That is the evidence.
NO FURTHER QUESTIONS BY MR MOERANE

MR LAX: Just one question if I may interpose?  Did you have any personal grudge against any person like Mr Rajbansi?  Did you know him personally?

DEREK NAIDOO: I don't harbour any personal grudge against Mr Rajbansi and the target obviously must be seen within the political context of the 1980's.

MR LAX: Yes.  Thank you.

MS CAMBANIS: Thank you Chairperson.
	Sir, you were a member of unit and as such I take it that you never had any contact with Mr Raymond Lalla?

DEREK NAIDOO: No, I did not.

MS CAMBANIS: Thank you Chairperson, nothing further.
NO FURTHER QUESTIONS BY MS CAMBANIS

MS MOHAMED: I have no questions, Chairperson.
NO QUESTIONS BY MS MOHAMED

MR MTHIYANE: I have no questions, Chairperson.

CHAIRPERSON: Re-examination?

MR MOERANE: No re-examination.  May the witness be excused?

DEREK NAIDOO: Thank you.
WITNESS EXCUSED