Amnesty Hearings — Tzaneen — 1999-06-30

MR SWANEPOEL: Yes, one narrowly missed myleg by about 100 millimetres and went into the wardrobe and one missed my headby about 50 millimetres and went into the wall.

MR VAN RENSBERG: Did you then summon the Policeafter that?

MR SWANEPOEL: No, a minute or so afterwardsmy phone rang and it was the neighbour, she was outside and she said that shecould hear shots and what was going on.  I told her that we were attacked andthat my wife was dead and I said to her "please just get the Police."

MR VAN RENSBERG: Earlier today we heard evidencethat the applicants were of the opinion that your wife was actually busy summoninghelp by telephone, can you respond to that?

MR SWANEPOEL: There is no phone in the bedroomand I didn't also have a mobile phone.

MR VAN RENSBERG: At the time the shot wasfired which hit Mrs Swanepoel, was she armed?

MR SWANEPOEL: Yes, she had her pistol in herhand, there was only one round in the chamber.

MR VAN RENSBERG: The evidence thus far haspointed out that Mrs Swanepoel shot at the attackers?

MR SWANEPOEL: No, that could not have beenbecause I was actually between her and the attackers in the room, in the doorto the bedroom.

MR VAN RENSBERG: The evidence of Mr Thobejanewas that you locked yourself in the bedroom and that he couldn't open the doorand that is also contained in the affidavit which was handed in as ExhibitA, could you respond to that?

MR SWANEPOEL: No, that is not true.  I slammedthe door shut and immediately went to my safe.  If I still had to lock the door,the person who had been shooting at me, as I was standing in front of the safe,how would he have been able to shoot at me if I had locked the bedroom door. It all happened so quickly as Mr Thobejane said, it happened so very quickly.

MR VAN RENSBERG: Do you know who it was whofired the shot at your wife?

MR SWANEPOEL: I think, I am assuming it wasthe man with the pistol because there was a cartridge, a bullet, the cartridgeof that, was found in the house.

MR VAN RENSBERG: So that must have been thedeceased Modau?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: You have already said thatyou are a chicken farmer, what was in the safe at that stage, at the stage whenthe attack on your house was carried out?

MR SWANEPOEL: Weapons and cash.

MR VAN RENSBERG: What kind of weapons andhow much cash?

MR SWANEPOEL: I had three long rifles andabout R15 000 in cash.

MR VAN RENSBERG: Did you have the impressionthat the attackers had forced you into the bedroom?

MR SWANEPOEL: Yes, because the person hadpushed the pistol into my back and had led me to the room like that.

MR VAN RENSBERG: Please tell the Commissionwhat is your view as to why they did this?

MR SWANEPOEL: I can only imagine that theywanted to commit a robbery because if they wanted to kill me, why didn't theydo that earlier?

MR VAN RENSBERG: Were any words uttered byany of the attackers, did they say for instance that they were looking for weaponsor cash?

MR SWANEPOEL: No.

MR VAN RENSBERG: Was there anything whichhad prevented or would have prevented the attackers from killing you if thatwas their intention?

MR SWANEPOEL: No, nothing.  Because as I havealready mentioned, if they had wanted to kill me, then they could have doneso earlier that morning when they were at the window and for instance when theyled me back into the house, they had opportunity to do so.

MR VAN RENSBERG: So, if I make the correctinference from your evidence, you agree with the finding of the Criminal Courtthat they were also guilty of an attempted robbery?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: And it is largely as a resultof your evidence and the surrounding circumstances on the basis of which theCriminal Court came to such a finding?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: You heard and it also appearsfrom the affidavits of specifically the first applicant and also his evidenceand also the other statements forming part of the Bundle, that the attackershad certain information that your home was the regular meeting point for rightwing people, people who had right wing political convictions in the first placeand secondly that you were a member of the Afrikaner Weerstandsbeweging, AfrikanerResistance Movement and also that you didn't like black people, what do yousay about this?

MR SWANEPOEL: This is totally untrue.  I haveno links with any political bodies and my business is exclusively done withblack people and I wouldn't allow my business to suffer by such things.

MR VAN RENSBERG: Let's talk about the effectthat this attack had on your business, could you tell us?

MR SWANEPOEL: I had to cancel my order, thenext order of chickens immediately because I was alone and I had to make allthe arrangements for the funeral and everything and from then onwards, my salesjust declined because black people told me that they were now scared, afterwhat had happened and since then, my business actually plummeted by about half.

MR VAN RENSBERG: You actually suffered financialloss as a result of this?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: At the time of the attack,did you still have children at school and in your care?

MR SWANEPOEL: Yes, I had a son who was instandard 9, he was at boarding school in Tzaneen.

MR VAN RENSBERG: Could you perhaps tell uswhat the effect was of wife's death on this son of yours?

MR SWANEPOEL: He blamed me, he blamed me fornot stopping these people, he was very close to his mother, he was the youngestchild still at home and that evening, he slit his wrists and two years later,also on the 28th of April, he took his own life.

MR VAN RENSBERG: Would one then be correctin inferring that your son could never actually deal with this attack?

MR SWANEPOEL: No, he never could.

CHAIRPERSON: Mr Swanepoel, would you liketo have a short break?

MR SWANEPOEL: It is all right.

MR VAN RENSBERG: Mr Swanepoel, what is yourfeeling today about the applicants who testified here today?  I would like youto tell the Commission specifically whether you have any fear for the futureif they succeed in their application for amnesty?

MR SWANEPOEL: I certainly have a fear becausefirstly I am still continuing with the business and it is possible at any timethat they can come back to finish what they had started.  Whether I oppose theapplication for amnesty or not, I think they will definitely come back.

MR VAN RENSBERG: Do I understand you correctlyif you say that you don't believe that the only motivation for the attack onyourself as a target was as the applicants had testified, that it was purelyfor political reasons?

MR SWANEPOEL: No, I believe that.

MR VAN RENSBERG: Is there anything that youwould like to add to your evidence?

MR SWANEPOEL: I may just mention that abouttwo weeks after the attack took place, I think it was about two weeks, two orthree weeks, I was summoned by the Security Police to Tzaneen, they told methey couldn't speak to me over the phone, I had to come and see them personallyand they asked me whether I couldn't perhaps stop my business activities inthat area because a certain Mr Baloyi, Jameson Baloyi, had told the SecurityPolice that if I don't cease my business operations in that area, that he wouldtake  me out of that area.

MR VAN RENSBERG: Is that information givento you by the Security Police?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: Do you know this Mr JamesonBaloyi?

MR SWANEPOEL: No, not at all.

MR VAN RENSBERG: You heard the evidence beforethe Commission that Jameson Baloyi was one of the people who gave shelter tosome of the attackers?

MR SWANEPOEL: Yes.

MR VAN RENSBERG: What is your reaction tothat and what is your attitude towards Mr Baloyi's threat?

MR SWANEPOEL: One thing I can't understandis why has it never been mentioned in any case, if this man can utter such athreat and this is known the Police, I can't understand what would stop himfrom carrying this threat or his activities.