Amnesty Hearings — Durban — 1999-07-27

JAMES EMIEL WILHELM VAN ZWEEL: (sworn states)

MR PRINSLOO: Thank you Mr Chairman.  The application commences at page 264 Bundle 1, Mr Chairman, of this applicant.
Mr van Zweel, you are an applicant in this application for amnesty which has regard to the incidents which took place on the 12th June 1988 on the Piet Retief Houtkop Road.

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And four persons were killed during a shooting incident on that road?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: Mr van Zweel at the time of these events you were stationed at Ermelo attached to the Security Branch, is that correct?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: What rank did you have at that time?

JAMES EMIEL WILHELM VAN ZWEEL: I was a Warrant-Officer.

MR PRINSLOO: Mr van Zweel you were also tasked with investigations which had regard to insurgents from Swaziland to the Republic of South Africa, specifically Natal and Eastern Transvaal, is that correct?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And that was members of the ANC, Umkhonto weSizwe?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: On the 12th June of 1988, you received instruction and you accompanied the previous applicant Mr Deetlefs to Piet Retief?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And at Piet Retief you received further instructions as to what would happen that evening?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And this entailed that certain person who illegally entered the country through the border would be transported by a member of the Detective Branch, a Mr Manzini?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And that that person would be led into an ambush at a specific place?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: What was the information that you had, were those people to be armed?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, they would be armed.

MR PRINSLOO: Would they be trained MK members?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And from your experience in the Security Branch, have you visited scenes and tasked with situations where it was well-trained MK members?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And Mr van Zweel, on this specific evening after these instructions were given, did you accompany the members to a point on the Houtkop, Piet Retief Road,?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: Did you take up specific places where the incident would take place?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: Did you realise beforehand that shots would be fired at these persons?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And that if persons were killed there, that you would be guilty of murder?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: Did you act out of own interest or was it an instruction?

JAMES EMIEL WILHELM VAN ZWEEL: It was an instruction in the interest of the South African Police and the South African government.

MR PRINSLOO: Have you executed previous similar acts for which you have applied for amnesty?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: And was it also on instructions from above?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: This particular evening where you took up position, did a vehicle approach from the Swaziland side on that road?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: Was there any indication given by that vehicle on it's arrival there?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, the lights were dimmed and then put on bright again.  The left indicator was switched on and it pulled off the road.

MR PRINSLOO: And the left indicator that was switched on, what indication would that be?

JAMES EMIEL WILHELM VAN ZWEEL: It would be that the persons would be armed.

MR PRINSLOO: Did this vehicle stop at the pre-appointed place?

JAMES EMIEL WILHELM VAN ZWEEL: No, it passed that point, Chairperson.

MR PRINSLOO: And after this vehicle stopped, did you hear any gunfire or see?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, we ran closer and shots were fired.  Bullets hit the ground, hit the tar road between myself and Rorich.  I fell down behind the vehicle and it was a few seconds and everything came to an end.

MR PRINSLOO: Just one moment, you say a bullet hit the tar road where you and Mr Rorich, a fellow applicant who still has to give evidence, were?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct.

MR PRINSLOO: Could you determine where the shot came from?

JAMES EMIEL WILHELM VAN ZWEEL: From the kombi's side.

MR PRINSLOO: Did you see a person?

JAMES EMIEL WILHELM VAN ZWEEL: I suspected that it was the person who had jumped out of the left side of the vehicle.

MR PRINSLOO: Would that be an occupant of the kombi?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, that is correct.

MR PRINSLOO: And was there a mark on the tar surface which was visible for later investigation?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct.

MR PRINSLOO: And was it indicated during later investigations?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: You say you ...(intervention)

MR MALAN: Excuse me, just one moment before you continue.  The bullet mark, did you see it or how do you have knowledge of it?

JAMES EMIEL WILHELM VAN ZWEEL: Later we found the place on the surface of the tar road.  I cannot recall how long afterwards, a few days afterwards, I cannot recall, Chairperson.

MR MALAN: You say we, did you go back to the place?

JAMES EMIEL WILHELM VAN ZWEEL: Excuse me, Chairperson.

MR MALAN: Did you go back to the place?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, later a reconstruction was held and we went back to the place.

MR MALAN: And when the reconstruction was held, was that not a long time after the incident?

JAMES EMIEL WILHELM VAN ZWEEL: Yes.

MR MALAN: And you still found the mark in the tar road?

JAMES EMIEL WILHELM VAN ZWEEL: Clearly, Sir.

MR MALAN: Was that the first time that you saw the mark in the road?

JAMES EMIEL WILHELM VAN ZWEEL: Yes.

ADV GCABASHE: Sorry, can I just get clarity on that?  You say the shot hit the ground between you and Rorich, you saw that and then later on when you came to reconstruct, you found that same mark?

JAMES EMIEL WILHELM VAN ZWEEL: Yes.

ADV GCABASHE: I just wanted to understand that.  Thank you.

MR PRINSLOO: Besides what you saw with reconstruction, but that evening you saw the bullets hitting the surface of the tar?

JAMES EMIEL WILHELM VAN ZWEEL: That's correct, Chairperson.

MR PRINSLOO: And you, when you fired on that vehicle, did you fire, shoot to kill?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: With which weapon did you fire?

JAMES EMIEL WILHELM VAN ZWEEL: With an R1, my official weapon.

MR PRINSLOO: And you say after the shots ceased, which happened seconds, it was determined that people were killed there in the vehicle?

JAMES EMIEL WILHELM VAN ZWEEL: That is correct, Chairperson.

MR PRINSLOO: How many people were there?

JAMES EMIEL WILHELM VAN ZWEEL: There were four people.

MR PRINSLOO: And were those four persons armed?

JAMES EMIEL WILHELM VAN ZWEEL: Those persons were armed with AK47 rifles and they all had magazines, the weapons were cocked.  Hand grenades were also found, two.

MR PRINSLOO: And the specific action this evening, did you see this as an execution of your general duties?

JAMES EMIEL WILHELM VAN ZWEEL: Yes, it was in the execution of my duties.