Amnesty Hearings — Durban — 1999-08-24

LAWRENCE GERALD WASSERMAN: Mr Chairman, at some stage Ndaba became anxious and indicated that he intended to divulge his role as an informer to the SAP, to the ANC.  I was aware that Botha was making attempts to convince him to desist from the idea.  Although I cannot remember the details or the date thereof, we were informed from time to time about the progress or rather the lack of progress which Botha had with these attempts.
	The next important moment which I recall was when Botha informed us that Ndaba persisted with his intention of taking his chances with the ANC and as such could not be allowed to go free under any circumstances because of the knowledge that Ndaba possessed about other informants and couriers of the Security Branch.  Botha informed us that there was no other option than to eliminate Ndaba.  The decision that Ndaba was to be eliminated, changed the situation for Shabalala.  Where previously he could not have been released for fear of him compromising Ndaba, that consideration fell away.  Col Botha nevertheless decided that Shabalala should also be eliminated by reason of the fact that he would tell the ANC that he would be abducted by the police and that he was unlawfully detained and that he would also in all probability have told the ANC that Ndaba had been detained with him and of his suspicion that the police had killed him.  During the period of time when negotiations were under way, these revelations would have caused a sensation that would have embarrassed the National Party and the Government.
	We were thus instructed by Col Botha to assist with the elimination of both Ndaba and Shabalala.

MR VISSER: As we know, this took place during the day of the 14th of July 1990.

LAWRENCE GERALD WASSERMAN: Correct, Mr Chairman.

MR VISSER: Please continue.

LAWRENCE GERALD WASSERMAN: I recall that on a particular night, we took Ndaba and Shabalala out of the house and drove off with them in a VW kombi on the North Coast road on the pretext that they were being moved to another safe-house.  Van der Westhuizen, who had picked a spot earlier during the day, drove us to the river mouth of the Tugela River.  We stopped near the bushes at the river mouth and van der Westhuizen and I got out under the pretext that we wanted to relieve ourselves.  In fact, we went to the river mouth to make sure that the coast was clear.
	When we returned Botha said that everyone had to go for a leak and seeing that we had a long road ahead of us.  We got out of the kombi and I remember that I was close to Ndaba and Shabalala because after they had relieved themselves, I touched them both on the shoulders with a downward motion, and instructed them to sit.

MR VISSER: Where were you now?  Were you still at the kombi, or where were you?

LAWRENCE GERALD WASSERMAN: No, Mr Chairman, we had walked 20 to 30 metres away from the kombi.

MR VISSER: Were you on the banks of the river mouth?

LAWRENCE GERALD WASSERMAN: We were on the banks of the Tugela River mouth.

MR VISSER: Alright.

LAWRENCE GERALD WASSERMAN: Virtually immediately two shots were fired, one by Botha who shot Mr Ndaba and the other by du Preez who shot Mr Shabalala, both in the head.  Both died instantaneously.  Each was given another shot to make certain that they were dead.
	I went back to the kombi where van der Westhuizen was keeping observation and to the best of my recollection, he helped me carry the hessian cloth, concrete pole and wire to the scene whereafter he again went back to the kombi to keep observation.

MR VISSER: Now these articles, were they brought along with you from wherever you were before you went to the River Mouth?

LAWRENCE GERALD WASSERMAN: Yes, Mr Chairman, they came from the safe-house.

MR VISSER: From the safe-house.

LAWRENCE GERALD WASSERMAN: In Verulam.

MR VISSER: Alright.

LAWRENCE GERALD WASSERMAN: Mr Chairman, we tied the pole and wrapped the hessian around the bodies of the two men with binding wire and they were placed in the water alongside the bank of the River Mouth.  Before the bodies were placed into the river, their clothes were removed and placed in a black plastic bag which we took along with us back to the safe-house in Verulam.  We remained a while to make sure that we cleaned up the area of all possible signs of what had happened and to make sure that the bodies did not come afloat.
	We then returned to Verulam where we burned the clothes.

MR VISSER: Yes.  I think Botha said you also burned some branches with which the blood was swept away.  Do you have any recollection of that?

LAWRENCE GERALD WASSERMAN: Yes, Mr Chairman, there was some branches, but some branches were thrown into the river.

MR VISSER: Alright.  Please continue.

LAWRENCE GERALD WASSERMAN: Later that same evening on the orders of Col Botha, du Preez and I took out the Toyota Corolla out of the garage and drove some distance to a dumping sight near the tarred road but in a rural area.  There we searched the car and doused it with petrol and set it alight.  We remained in the vicinity of the burning car just long enough to be certain that it would be burned out completely.

MR VISSER: Later Mr Wasserman, did you attempt to find this site again and to point it out to the Investigation Unit Inspectors of the TRC?

LAWRENCE GERALD WASSERMAN: That is correct, Mr Chair.

MR VISSER: Were you able to find this site?

LAWRENCE GERALD WASSERMAN: We weren't able to find the site, Mr Chairman.

MR VISSER: Alright.  Please continue.

LAWRENCE GERALD WASSERMAN: Mr Chairman, my attention has been drawn to allegations mad by one Thuzi and Zungu.

MR VISSER: Can you just stop there for a moment, please?

MR VISSER: Mr Chairman, we are referring to Exhibit G, page 15 where you will find a statement by one Zebron Thuzi.  My attorney tells me its F.  I'm sorry it must F, yes, I'm sorry Mr Chairman and also in F you will find at page 19 the statement of one Phillip Zungu (Z-U-N-G-U).  These are the documents which are now being referred to Mr Chairperson.  Perhaps, more specifically, I might draw your attention to, if we first look at Mr Thuzi's statement, there's a build-up at page 16 in paragraph 7 and 8 where he was told according to him by Taylor to go and sleep in a certain place and where the next morning he went to the workshop and he found Taylor, du Preez and Lawrie, which is an obvious reference to Mr Wasserman and the next paragraph Mr Chairman, is paragraph 9, where he talks of a chopped up vehicle which he describes as a light blue Toyota Corolla and then he goes on in paragraph 10 to say, the Monday in the afternoon, du Preez arrived with a white bakkie and although he says he helped him off load the chopped up spares, he's sure to have intended to say that he helped him load the spares which was chopped up, Mr Chairman and then in paragraph 11 there's a reference to the engine which stayed there for 2 or 3 weeks and he says that he took for himself the seat part of the rear seat and he says that he's still got part of it left Mr Chairman and also I think he mentions a carpet, which he also took.
	That is a summary of his evidence and then page 20, Mr Chairman, and paragraph 6 there's a reference to spare parts of a motor vehicle, an engine and a gearbox and he makes the statement at the bottom of page 20 of Exhibit F:
"The vehicle had previously been a light blue Toyota Corolla."
Thuzi he says, made a report about the vehicle and then he saw that some of the parts were removed by du Preez and Wasserman in a White Isuzu bakkie, he says in paragraph 7 and that the engine remained behind for some time and later he himself helped to load the engine onto the same bakkie.  Now that his what we are referring to now is it not, Mr Wasserman?

LAWRENCE GERALD WASSERMAN: Correct, Sir.

MR VISSER: Now will you just tell the Committee, this place which is referred to as a place in Camperdown by these two witnesses, what transpired there?