Amnesty Hearings — Durban — 1999-09-02

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: Previously you have given evidence in November last year, in the amnesty application with regard to Mr Pumeso Nxiweni, N-x-i-w-e-n-i, not so?

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: And do you also request that the evidence which you gave during that time, would be incorporated in your current evidence?

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: On page 2 - Mr Chairperson, I am sure I did mention it, but this is Exhibit F that we are talking about.

CHAIRPERSON: Yes, it was handed in you will recall, yesterday and we have already marked it Exhibit F, thank you Mr Visser.

MR VISSER: Mr van der Westhuizen, would you begin on page 2 and present to us what your knowledge of this incident is as well as your involvement in it?

MR VAN DER WESTHUIZEN: During 1987 I participated in the arrest of one Nthombi Khubeka.  I was then a Sergeant and fell under the immediate command of Col Botha.   I confirm that information was conveyed by informers indicating that Khubeka was involved in the activities of terrorists as well as weapon stockpiling, because she acted in a co-ordinating capacity between the externally trained terrorists and locally or internally trained combat units.  It was decided to infiltrate her and her structure of collaborators and co-operators by means of members of C1 who at that stage were performing duties or service in Durban and surrounding environments.

MR VISSER: Would you please commence somewhat slower.

MR VAN DER WESTHUIZEN: Members C1, Warrant Officer Radebe and askaris Jimmy Mbane and Dube succeeded in contacting Khubeka.   The idea was to use Khubeka in order to establish contact with the terrorists whom she was aware of, in the Durban vicinity.  An appointment was arranged for a particular day on the Durban beach front, namely Battery Beach during which it was the objective to arrest the leader of the group of terrorists.

MR VISSER: Mr van der Westhuizen, thus far these were matters which were made known to you?

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: Thank you, continue.

MR VAN DER WESTHUIZEN: Col Botha, Maj du Preez and Bossie Basson as well as I undertook surveillance later afternoon at the rendezvous point.  To the best of my recollection, Mbane would bring the leader of the terrorists to the place and would give a signal if he had him in the vehicle, upon which we would move in and arrest him.  I cannot recall what the precise signal was.  The motor vehicle which Mbane used was according to my recollection a Toyota Corolla, the windows of the vehicle were tinted, so that we could not see inside.

MR VISSER: You could just attempt to move somewhat slower.

MR VAN DER WESTHUIZEN: After Mbane arrived there and parked the vehicle, he gave the signal after a short while.  We moved in only to find that Khubeka was alone with Mbane in the motor vehicle.   We arrested her.  She was immediately removed from the vehicle and taken to another vehicle.

MR VISSER: Mr van der Westhuizen, according to your insights as a policeman and especially with regard to what happened to Ms Khubeka afterwards, was this a lawful arrest?

MR VAN DER WESTHUIZEN: No.

MR VISSER: Very well, proceed.

MR VAN DER WESTHUIZEN: Under the order of Col Botha, Khubeka was taken to the old SAS police shooting range at Winkelspruit for interrogation.  At that stage we used the shooting range as an operational base.   There were ablution facilities and storage rooms.   In fact we slept there in the evenings.  Some of the askaris also stayed there during the visit upon this occasion.  It was already dusk when we arrived at the shooting range.  After Khubeka had been delivered to Col Taylor, she was interrogated by Taylor.  He spoke Zulu to Khubeka and Warrant Officer Basson and I from time to time explained to the others who were present what the discussion was about.

MR VISSER: Can you understand and speak Zulu?

MR VAN DER WESTHUIZEN: I have a reasonable understanding and proficiency in Zulu.

MR VISSER: Could you follow what was being said during the interrogation?

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: While we have paused there, could you tell the Committee what your recollection is regarding what Col Taylor interrogated her about, what did he discuss with her?

MR VAN DER WESTHUIZEN: Col Taylor interrogated her about where the terrorists were in the vicinity, the identities of such terrorists and also where there were stockpile points.

MR VISSER: Was anything else discussed regarding information that Col Taylor wanted from her or what he wanted her to do?

MR VAN DER WESTHUIZEN: It is my recollection that he also asked for her co-operation.

MR VISSER: What was your impression, was she willing or unwilling?

MR VAN DER WESTHUIZEN: She was not willing to become an informer.

MR VISSER: Is that how you recall it?

MR VAN DER WESTHUIZEN: That is my recollection.

MR VISSER: Very well, proceed.

MR VAN DER WESTHUIZEN: During the interrogation, Col Taylor assaulted her and hit her with a plastic sjambok.  According to my opinion, it was not a serious assault.   The interrogation lasted for approximately an hour.  During the interrogation Khubeka became quiet, she began to perspire and fell over.  Apparently she died of a heart-attack.  Someone felt her pulse and it appeared that she was dead.  During her death according to the best of my recollection, the following persons were present - me, Col Taylor, Col Botha and Warrant Officer Basson, who has since passed away.  I then left the room and I do not know anything about the further course of events.

MR VISSER: Did you leave the room immediately when she died?

MR VAN DER WESTHUIZEN: That is correct.

MR VISSER: Why did you do that?

MR VAN DER WESTHUIZEN: I was upset.

MR VISSER: Very well.   Later I was informed by Col Botha that the body of Khubeka had been removed by Wasserman and du Preez and that her death had not been reported by means of the normal, legal channels.  Consequently I have made myself guilty of defeating the ends of justice because I did not report it.

MR VISSER: Now we know that during this hearing there has been talk of a skeleton which was discovered with a bullet wound in the head.   Did anyone in your presence shoot Ms Khubeka?

MR VAN DER WESTHUIZEN: No Chairperson.

MR VISSER: Would you then proceed with paragraph 16?

MR VAN DER WESTHUIZEN: My motivation for executing the order of Col Botha by abducting Khubeka and after that, being present during the interrogation, as well as my silence regarding the death of Khubeka, was in order to prevent an embarrassment for the police, the government and the National Party.  The ANC used all events which indicated offences committed by the Security Forces, and created propaganda out of it, in order to place the government in the worst possible light.  My actions were aimed at the protection and maintenance of the former government and constitutional dispensation and were performed during the struggle of the past against a supporter of a liberation movement, in order to combat the revolutionary onslaught.  My involvement in the abduction of Khubeka was executed in the execution of my official duties, under the order of a superior officer whose orders I was obliged to execute.  As such I believed bona fide that what I did, fell within my express or implied authorisation.   I request humbly that amnesty be granted to me for my acts and omissions in this regard.

MR VISSER: Yes, and during argument we will address the Committee regarding which actions or omissions are relevant with regard to the evidence that you have given.   Thank you Mr Chairman.  Sorry Mr Chairman, perhaps I should just ask another question.   This morning, Mr van der Westhuizen, you have attended the inspection at the shooting range at Winkelspruit, is that correct?

MR VAN DER WESTHUIZEN: That is correct.