Special Hearings — Trojan Horse Hearings — 1997-05-21

CHAIRPERSON: We now call Mr Frank van Niekerk to the table.
 Good afternoon Mr van Niekerk, I'm sorry that we kept you waiting so long.  Are you receiving the interpretation alright?

FRANK ALBERT VAN NIEKERK: Correct yes.

CHAIRPERSON: I'm going to ask Dr Ramashala to administer the oath please.

FRANK ALBERT VAN NIEKERK: (sworn states)

CHAIRPERSON: Thank you.  Adv van Zyl, does Mr van Niekerk have a statement he wishes to read?

ADV VAN ZYL: That's correct Chairperson.

CHAIRPERSON: He may and then Ms Wildschut will lead the questions. Do we have a copy of the statement?  Thank you. Thank you you may proceed Mr van Niekerk.

FRANK ALBERT VAN NIEKERK: Reads statement
 "I, Frank Albert van Niekerk declares hereby that I'm an adult male, a pensioner and I live in Ravensmead in Cape Town.  
 I was approached by the Investigative Unit of the Truth and Reconciliation Commission and notified that I had to appear before the Commission on the 21st of May 1997 to answer questions relating to the so-called Trojan Horse incident which took place on the 15th of October 1985 in Athlone, Cape Town in which Shaun Magmoed, Michael Cheslyn Miranda and Jonathan were killed and others injured.
 In order to assist the Commission I decided to make this statement, and as such this statement is only intended for the purposes of the Commission, and I understand that it cannot be used against me in a court of law or legal action.
 At the time of the incident I was a sergeant in the South African Police and I was attached to the Riot Unit as it was then known and I was stationed at Cape Town.
 On the 15th of October 1985 in the afternoon I was at Manenberg at the JOCS.  We were on duty at that stage there.  I was requested to report to a section who were to go out on patrol in the unrest area of Athlone. Other members of other sections of the Unrest Unit were also involved.
 I was daily issued with my 9mm pistol and a shotgun.  On that day we were inspected by Lt Vermeulen who was in command of the section.  I can't remember whether birdshot was issued to me at the scene or whether I was already in possession of birdshot but what I can remember was that I did have birdshot in my possession.
 At Manenberg we were notified by Lt Vermeulen that we were to travel on an unmarked vehicle and would patrol the unrest area of Athlone to try and control riot and unrest.  The objective was to arrest the stone throwers. The vehicle which was already at Manenberg was a truck which was open at the back and on the back there were three crates. As far as I an recall I was in the crate right at the back of this truck.
 The truck departed from Manenberg and followed a specific route through the unrest area, I can recall that we were standing upright in these crates from Manenberg and we were moving in the direction of the Athlone Police Station.  The vehicle turned left in Belgravia Road, I crouched in the crate because I couldn't see from where I was in the crate.  I don't know what route was followed by the truck thereafter.
 Whilst we were moving along this route our vehicle was suddenly attacked.  I later learned that we were in Thornton Road and the attack took place at the intersection with St Simon Road.  I heard a blow as an object hit the windscreen of this truck and the truck was brought to an immediate halt.  As a result of the sudden stop, the crate lifted on the one side, I jumped up out of the crate and saw a large group of people on both sides of the road. I also saw a burning road blockade. At that stage stones were thrown at the truck and I realised that our lives were in danger, especially the lives of the driver and passenger of the truck.  The passenger and driver had no protection at the windows.
 I fired four shots of birdshot in the general direction of the stone throwers.  I can remember that my shotgun stalled at a particular moment. I don't know whether I hit anybody or whether I injured anybody in particular.  I don't know who the people were who shot at the people who were killed or injured.
 I can recall that this stone-throwing crowd being dispersed and we ceased firing.  I jumped from the truck to try and arrest some of the stone throwers and saw that some of them had entered the premises of house No 47 in St Simon Street and I pursued them.  I arrested six of these people and detained them in the house.  
 I also saw a Coloured youth who was to my observation already dead.  He was lying on the ground in front of the house.  I'm aware that three people were taken from the scene in an ambulance and also  other injured people were transferred in a second ambulance.  
 I picked up pieces of brick and other rocks and stones that were hurled at the truck. They were later handed in as exhibits.
 At a later stage Sgt Steyn. a photographer and I went to the scene and I pointed out certain points to him.
 I hereby would like to extend my most sincere condolences to the people who were injured in this attack and especially to the families of the people who lost their lives in the incident. The circumstances in which we operated in those unrest-wracked areas also had an effect and an effect on me and my family.

CHAIRPERSON: Thank you Mr van Niekerk, that completes your statement, does it?

FRANK ALBERT VAN NIEKERK: That's correct.

CHAIRPERSON: I'll now ask Miss Wildschut to continue with questions.

UNKNOWN: Mr van Niekerk could you tell us a little bit about yourself. Can you tell us where you were born, where you live and so on, just a little bit about yourself.

FRANK ALBERT VAN NIEKERK: Yes I was born in Beaufort West on the 3rd of November 1948 and I went to school there, grew up there.  I joined the police in 1969. In 1983 I was transferred from Beaufort West to Cape Town, Athlone.

UNKNOWN: You are presently living in Ravensmead?

FRANK ALBERT VAN NIEKERK: Yes I am living in Ravensmead.

UNKNOWN: And you have been staying there for some time.

FRANK ALBERT VAN NIEKERK: Yes I've been there for about five or six years.

UNKNOWN: If you take this little thing out of your pocket and put it on the table facing that then you'll hear better.  It's better now isn't it?  And then if you could just come and sit a little closer to the microphone because I'm struggling to hear you.  I'm not listening to the translation, I'm hearing you directly.
 So at the time of this incident where were you staying?

FRANK ALBERT VAN NIEKERK: I lived in flats in Manenberg just by the Manenberg Police Station.

UNKNOWN: Do you have family, children.

UNKNOWN: Yes.

UNKNOWN: Can you tell us a little bit about them?

FRANK ALBERT VAN NIEKERK: I'm married.  I got married in 1980. I got divorced in 1987 and I remarried in the same year of '87 and I have three children with my first wife, a son and two daughters and with my current wife I have two boys.

UNKNOWN: So at the time of this event which we're talking about you were married for about five years?

FRANK ALBERT VAN NIEKERK: That's correct yes.

UNKNOWN: Did you have children at that time?

FRANK ALBERT VAN NIEKERK: Yes I had two children at that stage.

UNKNOWN: They were obviously under five years old or am I making an assumption?  How old were they then?

FRANK ALBERT VAN NIEKERK: No they were older than five.  The one is now 22 and the other one is 18, so perhaps one can then work back.

UNKNOWN: About 11 or 12.

FRANK ALBERT VAN NIEKERK: Yes the one could have been round about that age.

UNKNOWN: Alright.  Let's think about the date of the day of the Trojan Horse event as you talked about, and thanks for giving us a bit of a background sketch of who you are.   Under whose command were you on that day?

FRANK ALBERT VAN NIEKERK: I was under the command of Lt Vermeulen.

UNKNOWN: And what instructions did he give you?  Did he give you any instructions on the day before the operation?