Amnesty Hearings — Durban — 1996-08-14

HENRY JACOBUS STEYN: Since members of the ANC and other liberal organisations were regarded as terrorists and therefore our enemies we were taught that we had to act against them in a very serious manner. It was them or us  and that was the basic principle.  As members of the police we were not allowed to belong to any political organisation at that stage because it was expected of us to serve and support the government of the day.  However, I believed in the political doctrines of the IFP and I supported them.
	Like other members of the police I was aware of the  fact that the government and the police were prejudiced in favour of the IFP rather than the ANC because the government used all resources at their disposal in the combating of terrorism.  There was therefore a total onslaught against the ANC.  It is a well-known fact that the police and the government were very sympathetic towards the IFP.
	If I can now turn to the events on that day.  It was 1992.08.14. All members of Murder and Robbery had to report to the offices at two o'clock that morning after which we would go out to seek certain suspects.  At that stage I had flu and I didn't make up on time and I didn't report for duty at two o'clock in the morning.  At about 07H10 I arrived at the office after which I was told by one of the typists, a Mrs van Niekerk, that there had been another shooting incident at Chikulu Reserve, that is the area where the gang operated, and that a policeman had been injured once again.   
	At that stage another member of Murder and Robbery, namely Deputy Sergeant van Huyssteen arrived at the office and told me that an instruction to the commanding officer of Murder and Robbery, Captain Erasmus, all members arriving at the offices had to go to the scene of the crime, the shooting. My accelerator was in a very bad condition and I couldn't use my vehicle and van Huyssteen, myself and three Black members of the unit then went with Sergeant van Huyssteen in his official vehicle, which was a White Golf GTi, we went to the scene.  There was no police radio in the vehicle since the radio was not in proper working order had been removed for repair.  All we had with us at that stage was a hand radio which wasn't functioning properly, it couldn't receive messages properly or send them out since the reception was very bad in that area.  There was also no radio-control station in that area.
	We then left for the Chikulu Reserve where the incident had taken place intending to perhaps make contact with the people at the scene who could then give us certain directions how to reach the scene of the crime.
	Whilst we were on our way to the reserve we noticed a yellow bakkie without a canopy, the bakkie was driving towards us, in our direction and when it came close to us we noticed that the bakkie had police registration plates. We indicated to the passengers, the driver to stop, which they did.  Van Huyssteen then, through the open window on the driver's side told the driver of the bakkie, he was a Black policeman, clad in uniform, he asked whether they came from the scene of the shooting and if so whether they could take us there.  The driver confirmed that they had just come from the shooting incident and at that stage we were all still in the vehicle.  
	I noticed that, apart from the driver of the vehicle, there was another Black policeman also clad in uniform, he was sitting in the front of the bakkie. I also noticed that there were two White defence force personnel unknown to me, they were sitting in the back of the bakkie. One of these defence force people, who later became known to me during the court case as a Mr Law shouted to us and confirmed that they had just come from the area where the shooting incident had taken place, and he also said "here are the bloody dogs that killed the policeman".  He pointed to the floor of the bakkie.  
	We all got out to go and have a look at the people in the bakkie.  In the back of the bakkie there were two Black people, I immediately recognised the one as Simon Mswele the leader of the gang who had committed acts of terror in that area.  The other person was unknown to me but was identified by Mr Law as one Michael Mtetwa.  I noticed that both of these people were injured and covered in blood. I further was told that they were on their to Ngwelezana Hospital.
	At that stage I realised immediately that although  these people were injured that did not mean that it was the end of their career of terror.  There were  many other possibilities such that at Ngwelezana Hospital   where they would received treatment, the hospital wasn't very secure and they could easily escape from the  hospital and thereafter continue as before and they would have to be sought out again.  I realised that the gang members would try and free them from hospital and  that they also could possibly escape from police cells because that had happened in the past.  And I realised  that they might not stand their trials and could also possibly receive indemnity from the government and continue with acts of terror.
	My suspicions were based on the following.  That he had before, in 1991, in April, had been arrested and during his detention at Empangeni Police Station he had overpowered the person in charge of the police station, taken his firearm and fled, escaped, and that if he should manage to escape again he would continue with his acts of terror and that it would be very difficult to trace him and arrest him.  
	His gang had been sought by the police quite intensively for quite a while.  All branches of the police, defence force, helicopters, informers etc had been involved in trying to find them.  It should be mentioned that even the police special task unit from Pretoria had been called in to assist in finding this gang.  
	He was so desperate that he would have fought to the bitter end.  An example of this happened during a police contact action in that area aimed at trying to find the gang.  Use was made of a police helicopter and the helicopter landed in that area and was busy refuelling.  Many members of the security police had surrounded the helicopter.  Instead of just escaping and hiding himself he came running out of the bushes and threw a handgrenade towards the police helicopter and whilst running away also fired shots at the helicopter which actually hit the helicopter.
	I also learnt from the defence force people that during the shooting at the house both the injured people had been found with firearms in their possession. 	Although the other injured person on the bakkie was not known to me I also associated him with one of the notorious gang members . The reason for so thinking was that he had also been involved in shooting the policeman and was also found in possession of a firearm. If he had been an innocent bystander he could have surrendered in time.
	I realised that these people had to be eradicated once and for all.  The defence force was a problem but I noticed that both of them had a very arrogant attitude and I then proposed that we had to make a plan with these people just to test the defence force's reaction.  Mr Law then said, and I quote his words, "We must take them out".  Those are terms which are commonly used and commonly known amongst members of the security forces which means that these people had to be killed.
	I then told Sergeant van Huyssteen that they should go to the scene and that as a result of my flu I wasn't  feeling well and that the shooting was clearly over and that I would get a lift with the bakkie back to Empangeni.  Van Huyssteen then drove off and I was sitting in the back of the bakkie. I told the driver to go.
	Whilst we were driving I told the defence force people that they should shoot and if there were any queries about deaths they should just say that they had died on their way to hospital, that they had died from the wounds sustained earlier during the shooting.  
	At one of the turn-off roads leading to the plantations and the bushes I told the driver to turn off into the bush.  After a while I told them to stop and we jumped off from the bakkie, lifted the flap and I told the injured people to get off.  Before they could make any attempt to get off the two defence force members grabbed each of the injured by the feet and just dragged them off from the bakkie.  They landed on the ground and the two defence force members, armed with R4 rifles, of their own accord and initiative shot the - or aimed at the two deceased and injured people.  
	Before this could happen, and just after the injured had been dragged off the bakkie I told the two police members to continue driving along the road and to turn it around where they could find a space to do so and then to come back.  In their absence, and whilst the defence force members were aiming at the injured people I noticed that both the defence force members were very clumsy as far as their firearms were concerned, they certainly didn't seem to be very familiar with their rifles, especially Watson.  That is the other defence force member.	It later became known to me during the criminal case he seemed not even to know how to cock the rifle.  
	Law wanted to take my rifle, an R5, he wanted to feel how it felt to use this rifle to shoot and I told them no, you mustn't shoot I will do it myself.  The reason for that was that if upon later investigation anything suspicious should come to the fore and maybe upon a post mortem being held bullets were found they would be the first suspects and that their firearms could be traced ballistically and connected with the incident.  I wasn't near the scene of the first shooting and my firearm therefore would not have been connected with ballistic tests.
	I then at the same distance fired at Simon Mswele.  After the first shot I fired two more shots just to make sure that he was dead.  I thereafter fired two shots at Michael Mtetwa the other deceased.  At that stage one of the policemen came running and shouted that where they had turned the vehicle around it had got stuck in the sand and that they needed assistance.   The defence force members went to assist them and after they came back with the vehicle the defence force members loaded the people back onto the bakkie and whilst we were busy collecting all the bullets they took some loose sand and tried to cover the blood on the sand.
	We then drove off to Kwamanambe Police Station and when we arrived there we entered one of the offices and I recognised the voice of Colonel Nel on the radio and learnt that he was on his way from the first scene to Kwamanambe to speak to police generals on their way from Pretoria by helicopter.
	Upon his arrival at the police station I took him to one side and told him that I had shot the injured, I had shot them dead.  He then congratulated me personally and thereafter wanted to know whether I had shot them through the blanket and whether the bakkie and/or blanket would have had any holes in them.
	I must just mention that while I was in the office and before the district officer arrived there the bakkie with the deceased went to the mortuary in Empangeni.  I briefly explained to Colonel Nel what exactly had happened.  I saw my commanding officer standing at his vehicle, I went to him and I apologised to him because I had not reported for duty at two o'clock that morning.  Colonel Nel at that stage once again joined us and ordered us to go.
	At that stage Detective Sergeant Maritz from Murder and Robbery arrived at the offices in a white Golf GTi. Myself, Colonel Nel, my commanding officer and Detective Sergeant Maritz then drove in the direction of Empangeni.  Colonel Nel throughout tried to contact the bakkie which was on its way to Empangeni and we tried to stop it before it arrived at Empangeni.  We, however, could not succeed in contacting the bakkie or to stop it along the way and we then drove back to Kwamanambe Police Station.
	On our way there, there was a report on the police radio regarding an armed robbery which had taken place in Ndlovo.  Upon our arrival at the police station at Kwamanambe I was told to attend to the armed robbery and to investigate it.  I told the two defence force members who were at that stage in the office having coffee, I told them that I was going to Empangeni and that I would give them a lift as far as their base camp.  	We then drove the same white Golf GTI in which Sergeant Maritz had arrived at Kwamanambe, we then drove off to Empangeni in the same car.  Along the way we agreed that if there were any queries regarding the incident or whatever happened they simply had to stick to the fact that the injured had died of their wounds on their way to hospital. They both seemed fairly calm and quiet and at ease and I dropped them off at Empangeni at their base and then I went to the armed robbery scene at Gingindlovo.
	That Thursday morning I was arrested.
	I would like to say the following. Although the ANC, the PAC and other liberal organisations had already been unbanned by 1992, and although there were certain treaties and agreements between themselves and the government at that stage the political struggle, especially the ground level was still continuing, and that there was a lot of pressure from the police and the community, and especially the IFP who had lost lots of members and people and families, there was a lot of pressure on us to act in a forceful manner against the gang.
	At that stage we were not aware of the fact that people who had previously been terrorists and our enemies could, at the end of the day, become the government of the day.	The interests of the community had to be protected.  
	To confirm my suspicions regarding the fact that I suspected that the other deceased, Michael Mtetwa was also a member of this gang of terror I would like to mention the following aspects which were revealed during my court case and formed part of the record.  
	During the shooting of the policeman at the first scene Michael Mtetwa was also found to be in possession of a firearm that during the search of the house it was confirmed that he was the owner of the house; that an ANC membership card containing his particulars was found in the house; that an AK47 rifle was found in the ceiling of the house; that petrol bombs were found in the garage adjacent to the house and that in the direct vicinity of the house a semi-completed structure was found with a hole in the ground which had been built up and to which access could be gained by means of a trap door in the floor.  According to evidence that could be a hiding place for various people, for a couple of people, it was also supplied with an air inlet pipe and it was therefore clearly a type of a shelter.
	The purpose of my actions, apart from what I have already mentioned was also to act as a deterrent to other gang members who were still outside.  It had in the interim been learnt from various sources that since the incident the area had stabilised completely and that the community was living in peace.
	I would like to say to the Committee and to the next of kin of the deceased, I would like to say that I am very sorry about the incident, it was most unfortunate.  If I think back to it I realise that it wasn't right for me to commit the act and that it was actually a disgrace.  I don't want to condone what I have done, I just want to say that as a result of both the deceased's actions and my actions there are many families who today are still suffering.  
	I have remorse about the fact that I ever chose the police as a career and that I became so involved in the political struggle, because at the end of the day it wasn't worth it.  I am convinced that if I had chosen another career I certainly would not have committed this act.