Amnesty Hearings — Durban — UNKNOWN

MR PRINSLOO: The next witness is Adriaan Smuts, the second applicant.

CHAIRPERSON: Will you please stand.   Do you swear that the evidence you are about to give will be the truth, the whole truth and nothing but the truth, so help me God.

ADRIAAN SMUTS: (sworn states)

MR PRINSLOO: Thank you Mr Chairman.   MR SMUTS, what is your age?

ADRIAAN SMUTS: I am forty-four years old.

MR PRINSLOO: Is it correct that on the 13th of September 1991 you were convicted in the Supreme Court by Mr Justice Galgut, and you were sentenced to death, is that correct?

ADRIAAN SMUTS: Yes, that is correct.

MR PRINSLOO: And your offences of which you were convicted were seven charges of murder, twenty-eight charges of attempted murder and illegal possession of an unlicensed firearm and ammunition.

ADRIAAN SMUTS: That is correct Mr Chairman

MR PRINSLOO: And the sentence of death was imposed?

ADRIAAN SMUTS: That's correct.

MR PRINSLOO: And the sentence was later commuted to twenty-five years imprisonment, is that correct?

ADRIAAN SMUTS: Yes.

MR PRINSLOO: Is it correct that you are currently in prison at the Zonderwater Prison near Cullinan?

ADRIAAN SMUTS: That is correct.

MR PRINSLOO: Mr Botha, can you tell us - MR SMUTS, rather, can you tell the Commission what your background is relating to your political affiliations?

ADRIAAN SMUTS: I was raised in a conservative home.   We were a religious family and we believed in the triune God.  From a very early age onwards I attended political meetings with my father.  And as a result of that, my objectives became the following - I believed also that these objectives were very important to me.  I believed in the triune God, in the preservation and continued existence of the Afrikaans language and  culture, self-determination and the continued existence of the Boer people in its own territory.  The promotion of an independent Christian freedom at all costs.
I worked in Potgietersrus, I worked in Potgietersrus on the mines as an artisan on the mines and that is where I saw what was happening in our country politically speaking.  I saw that things were changing in the sense that things were affecting the Boer people.  I then went to an AWB meeting in Potgietersrus, I listened to what was said and I listened to the objectives of the AWB.  And I approved of these objectives because I realised that these people were actually fighting the Afrikaner cause.  I also became a member of the CP at the time.
I then left Potgietersrus, I moved to Richards Bay.  When I arrived there, there was no branch of the AWB at the time.  One day when I came home from work I saw some AWB posters announcing an AWB meeting to be held and I went to the particular meeting.  Mr Eugene Terreblanche was present at the meeting and he led the meeting.  
After the meeting a request was made that people that wanted to join the AWB had to stay behind, and I did that because I wanted to join the AWB, and that's where I met Mr Botha.  After the meeting I visited Mr Botha on a number of occasions.
We drove to Eugene Terreblanche's home and the Wenkommando was established at one such meeting, and Mr Botha was elected as the Kommandant for Richards Bay.  Mr Botha appointed me as a Field-cornet in Richards Bay.  In due course Mr Botha contacted me.  I went to him, and he told me that he had been approached by the Orde Boerevolk.  He showed me the oath form.  I read it and I agreed with all the principles set out in the form.  At that stage I could not take the oath because a witness was not present.  I went home, and after quite a while, on the evening or on the day of the 9th of October 1990, at about six o'clock in the evening, Mr Botha contacted me and asked me come to his home, and I did so.
When I arrived there, Mr Botha and Mr Marais were present at his home.  Mr Botha informed me of the attack which had taken place in Durban, in which approximately 30 PAC members had been involved.  They had entered a shop and stolen knives and attacked White people on the beach front.  We then decided that we would act against these attackers.  We then left for Durban that same evening.  
	We drove to Durban and planned to attack a taxi.  We did find a taxi and started following it, but the taxi turned off from the freeway and we then decided to abort that particular attack.  We decided that it was late at night and that we should rather return home, and then we decided to go to a petrol station to buy some cooldrink before returning home.  Whilst we were drinking our cooldrinks a bus drove past and we decided that we would launch the attack at the bus.  We followed the bus and when we overtook the bus, Mr Botha gave the order to fire.  We fired at the bus.  We drove past the bus and made a U-turn and came back.

MR PRINSLOO: MR SMUTS, on that particular evening, did you act of your own accord or how did it happen?

ADRIAAN SMUTS: I acted on the instructions of Mr Botha.

MR PRINSLOO: And did you believe that Mr Botha was acting on his own accord or on behalf of some organisation?

ADRIAAN SMUTS: I believed that Mr Botha's order, the order which he gave me, that he had in turn received that from higher up.

MR PRINSLOO: And from what organisation would that have been?

ADRIAAN SMUTS: From the Orde Boerevolk.

MR PRINSLOO: MR SMUTS, at your trial you pleaded guilty, is that correct?

ADRIAAN SMUTS: Yes.

MR PRINSLOO: You did not testify yourself, but Mr Botha did?

ADRIAAN SMUTS: Yes.

MR PRINSLOO: Now today, how do you feel about the act committed by yourself on that day?

ADRIAAN SMUTS: I'm sorry that people were hurt as a result of our actions and that people had to be killed in the process, but you must realise that in a war people get killed on both sides and hurt on both sides.

MR PRINSLOO: MR SMUTS on that day you were in possession of a firearm, an unlicensed firearm, correct? And you also pleaded guilty to that charge?

ADRIAAN SMUTS: That is correct.

MR PRINSLOO: You - you also pleaded guilty to possession of ammunition?

ADRIAAN SMUTS: Yes.

MR PRINSLOO: Now for what purpose were you in possession of that firearm and that ammunition?

ADRIAAN SMUTS: On that evening I was in possession of the firearm for the purpose of launching an attack as a counter-measure to the attack which had taken place that morning.

MR PRINSLOO: Where did you get the weapon?

ADRIAAN SMUTS: I obtained the weapon from Mr Botha.

MR PRINSLOO: What calibre was this weapon?

ADRIAAN SMUTS: It was an FN.

MR PRINSLOO: Pardon me? It was an FN?

ADRIAAN SMUTS: Yes, that is correct.

MR PRINSLOO: MR SMUTS, you are applying for amnesty for murder, attempted murder and illegal possession of the firearm and ammunition, is that correct?

ADRIAAN SMUTS: Yes.

MR PRINSLOO: Thank you Mr Chairman.
NO FURTHER QUESTIONS

CHAIRPERSON: Do you have any questions to put to this witness?

MR WILKINSON: No, thank you.
NO CROSS-EXAMINATION BY MR WILKINSON

CHAIRPERSON: Mr Brink?

MR BRINK: MR SMUTS I will ask my questions in English, but you may answer in Afrikaans.

ADRIAAN SMUTS: Is it possible that I could have an interpreter.

MR BRINK: To what level of education did you achieve?

ADRIAAN SMUTS: I reached standard nine.

MR BRINK: And when did you commence to work?

ADRIAAN SMUTS: [Indistinct]

MR BRINK: When did you commence employment?

ADRIAAN SMUTS: Mr Chairman, I must just recollect my thoughts, it is quite a long time ago.  In about '76 I qualified as an artisan.

MR BRINK: Now on the day in question when the bus was followed and shot at, you said that you and your colleagues had decided to come to Durban and act against the attackers, in other words the PAC people, is that correct?

ADRIAAN SMUTS: Yes, that is correct.

MR BRINK: How was it that you proposed to act against them?

ADRIAAN SMUTS: We planned, on our way to Durban, to attack a taxi.

MR BRINK: Any taxi?

ADRIAAN SMUTS: Any taxi with Black passengers, Mr Chairman.