Amnesty Hearings — Pietermaritzburg — 1997-02-10

MR BANADE: Thank you Mr Chairman I have several aspects which I would like to cover with my client by way of questioning.   Mr Harrington can you hear me clearly?
EXAMINATION BY MR BANADE

<UNKNOWN>: The aspects of Mr Jama in the bush, you said that you looked back and saw that the weapon was close to him and that he was shot.   According to your knowledge do you know whether he was alive at the time the shot was fired or don't you know?

ANSWER: After I dived and grabbed him and after I got up after having strangled him, I knew and up to this day I am convinced that he was still alive, but the main objective
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which we had anyway was to kill Mr Jama.

<UNKNOWN>: Then on page 12, the second paragraph you say that "on 10 February 1991 I went looking specifically for ANC attackers who had attacked an IFP bus in the Kwashange area and killed 18 supporters".   We did mention to the committee that you were prosecuted previously with regard to nine cases of assault, of which you were acquitted eventually and did these assaults also take place in this period of time between 10 February 1991?

ANSWER: Yes it also took place during that period of time.

<UNKNOWN>: Your personal political stance at the time, we are talking about 1991, did you belong to any political party?

ANSWER: Mr Chairman at that time I did not belong to any political party although I was affiliated to the rightwing, I supported the rightwing fully and I was totally opposed to the ANC and the UDF.   I just want to clear that I was not racist in the sense of anti-black or anti-white, as far as I was indoctrinated in the police college and my training at the Unit, I was fighting the ANC.

<UNKNOWN>: If you were to mention it, you were affiliated to the right as a nationalist is that not so?

ANSWER: Yes.

<UNKNOWN>: Your relationship with the Inkatha, IFP colleagues or special constables, what was your relationship?

ANSWER: The relationship between myself and them was on a friendly basis.   We looked out for each other, we worked together.   I placed my life in their hands and vice versa.

<UNKNOWN>: According to your impression those special constables were IFP supporters throughout?
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ANSWER: Yes they were card-carrying members of the IFP and IFP supporters.   Just to highlight that point, at some stage I was doing office duties with special constables who were on duty with me and in their application forms I encountered that they had been referred by a Chief of the Inkatha and thereafter they were appointed.   There were absolutely no ANC applications which were successful thereafter.

<UNKNOWN>: How many years have you been in prison?

ANSWER: On 28 of this month I'll have been in prison for five years.

<UNKNOWN>: You are serving an 18 year sentence is that correct?

ANSWER: Yes that is correct.

<UNKNOWN>: As the Committee pleases Mr Chairperson, that is then his evidence under oath, his evidence in chief.
NO FURTHER QUESTIONS BY MR BANADE
CROSS-EXAMINATION BY MR BRINK

<UNKNOWN>: Mr Harrington, as I explained to your counsel earlier, I propose putting my questions in English but please reply in Afrikaans.   I understand it perfectly well but I feel happier to put my questions to you in English.   Will that be alright?

ANSWER: Thank you Mr Brink.

<UNKNOWN>: You told the Committee, as I understood it, your task on that particular day was to monitor this group of marchers some 2 000 people, is that correct?

ANSWER: That is correct.

<UNKNOWN>: It was a peaceful and legal march?

ANSWER: Firstly, the ANC gathering was held in an Inkatha area and that is why we were deployed to the place
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originally to prevent any incidents of violence but the supporters were peaceful and although my group of special constables tried to incite them by dancing in a circle with shotguns and shouted slogans.

<UNKNOWN>: You put an end to that?

ANSWER: That is correct, after the ANC spokesperson who represented the marchers came to me and asked me to control my special constables, I addressed them and they stopped.

<UNKNOWN>: Where did you come across this other group of about 10 or so people, including Jama.   How far away was that from the place where the march had been?

ANSWER: It was in the ANC area, I would say, it is difficult to be accurate per kilometres, but it's approximately a five minute drive.   That was after the ANC group which was at the meeting had dispersed and had gone into the houses.

<UNKNOWN>: Were you then on your way to look for other ANC or supposedly ANC members, or what was your purpose after the march had terminated?

ANSWER: The aim when we proceeded to drive was to go and pick up the next shift of constables since we were about to round off our day's duties.   We had to go and pick up the next shift in the Elandskop area at the mentioned place.

<UNKNOWN>: I can understand and I don't dispute your evidence that it was your intention and those of your colleagues to arrest or take into custody, legally or otherwise, members of the ANC with a view to harassing them and trying to find information, is that correct?

ANSWER: Yes that is correct, we, it was procedure which we were, it was in the line of our duty mainly because we were working with the Inkatha and IFP supporters, it was
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procedure for us to identify ANC members, arrest them and interrogate and assault them.

<UNKNOWN>: This group of 10, more or less, were these in the main young men, youths?

ANSWER: Yes, I would say that they were mainly young men.

<UNKNOWN>: The late Mr Jama was wearing a T-shirt which clearly indicated that he was a member or a supporter of the ANC?

ANSWER: Yes that is correct Mr Brink.

<UNKNOWN>: Is it the fact that the other members of that group which were searched by you or your colleagues, were not taken into custody because there was nothing incriminating on them at all?

ANSWER: Mr Jama appeared very suspect in the first place because he quickly put his hand into the back of his pants and that is what caused Mr Erasmus to stop and we went to him directly, and he also resisted being searched and that caused us to arrest him.

<UNKNOWN>: That was when the pocketbook was found?

ANSWER: The pocketbook was found after he had been taken into custody and before Mr Erasmus slapped him the first time, it was when we left from the first stop after we had picked him up on our way to the bottle store.

<UNKNOWN>: So he was, whatever stage it was, he was searched and a pocketbook was found in his possession?

ANSWER: That is correct, in his shirt pocket.

<UNKNOWN>: Can you remember more or less how many acts of terror were mentioned in that pocketbook showing particularly that Jama had taken part in them, are you able to tell us that?

ANSWER: First impression which was that I first saw his
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name and so forth, but that he had participated in attacks on ANC(?), it was unnecessary to look any further, it was quite evident.

<UNKNOWN>: So as far as the late Mr Jama was concerned, this pocketbook was extremely important was it not, as far as you were concerned rather, extremely important?

ANSWER: That is correct Mr Brink, this pocketbook represented Mr Jama.   This pocketbook portrayed Mr Jama as an ANC supporter and hence the enemy.   That was his being.

<UNKNOWN>: The information contained in that pocketbook would have enabled you to bring about a prosecution for very, very serious offences isn't that correct?