Special Hearings — Trojan Horse Hearings — 1997-05-21

FRANK ALBERT VAN NIEKERK: No, I didn't work in Lt Vermeulen's section, I was only asked on that particular day to assist.  I worked in one of the police sections in the unrest areas in 1985, but on the 15th I was asked to join Lt Vermeulen's section to assist with the arrest or the making of arrests in the unrest areas where there were incidents of stone-throwing.

UNKNOWN: On that day you were seconded as it were, to that particular operation.  You were from another unit and you were asked to come to this particular operation.

FRANK ALBERT VAN NIEKERK: Correct yes.

UNKNOWN: What instructions were you given?

FRANK ALBERT VAN NIEKERK: We went on parade and Lt Vermeulen inspected us.  He inspected to see what kind of ammunition and firearms we had in our possession and he told us that we were going to patrol Athlone to try and make arrests.

UNKNOWN: You were meant to make arrests and you were being inspected by Lt Vermeulen. Did you have some handcuffs with you?

FRANK ALBERT VAN NIEKERK: Boeie.

UNKNOWN: I suppose that's what it's called in Afrikaans.

FRANK ALBERT VAN NIEKERK: I'm not sure but I think I did have handcuffs with me.

UNKNOWN: Wouldn't these be something that you would normally have with you if you are going to make arrests.  Why are you not sure?

FRANK ALBERT VAN NIEKERK: Yes we were issued with handcuffs and it's part of our daily equipment like our firearms and so on.

UNKNOWN: How many pairs of handcuffs?

FRANK ALBERT VAN NIEKERK: One pair.

UNKNOWN: One pair of handcuffs?

FRANK ALBERT VAN NIEKERK: That's correct.

UNKNOWN: Okay, did you rehearse this operation?

FRANK ALBERT VAN NIEKERK: Please ask the question again.

UNKNOWN: Did you rehearse the operation? Was there a practice run?

FRANK ALBERT VAN NIEKERK: No the operation was not rehearsed.

UNKNOWN: What you were told was you have to go under the command of Lt Vermeulen and you have to go and arrest people.  Were those the only instructions given to you?

FRANK ALBERT VAN NIEKERK: Yes the vehicle was already standing there with a crate in the back and we were to make use of the vehicle.  We were inspected and it was explained to us that we were to patrol Athlone with a view to arresting stone throwers.  That was main objective.

UNKNOWN: Did they tell you that there were particular people who needed to be arrested in Athlone, know the identity of particular people.  Which people were you meant to arrest?

FRANK ALBERT VAN NIEKERK: There was no mention of specific people who were to be arrested but specific people persons behind the stone-throwing these were the ones that we were interested in, these were the ring leaders, they had to be arrested in order to exploit the situation.

UNKNOWN: Did the instructions contain details of who the these agitators are?

FRANK ALBERT VAN NIEKERK: No, no specific names were mentioned about who the ring leaders were but according to me nobody in the section or the commanding officer knew the names of any specific ring leaders behind the stone-throwing.

UNKNOWN: So if you were to arrest the person, how would you know the identity of those people. What would confirm for you that those were the people that you need to arrest?

FRANK ALBERT VAN NIEKERK: Those were the stone-throwers, the people who were always in the forefront of these stone-throwing incidents, if I can call it that.  They led the stone-throwing, they instigated it.

UNKNOWN: We've been through this thing the whole day now so we understand the people who are in front who throw the stones are not in fact the belhammels, because the agitators will be the ones who are the ones who agitate and opstook from behind, isn't it?

FRANK ALBERT VAN NIEKERK: No a ringleader is a person who stands out in a crowd and you could say that he incites the crowd to a particular action, he is a person who leads the others in certain action.

UNKNOWN: What is it that identifies this particular belhammel as a person who is throwing the stones?

FRANK ALBERT VAN NIEKERK: Yes a person throwing stones ...(intervention)

UNKNOWN: Ja, you still want to say something else?

FRANK ALBERT VAN NIEKERK: Yes it's a person who from amongst a crowd of people who throws stones ...(intervention)

UNKNOWN: You are talking about two types of people, one type of person who throws a stone and the other type of person who is an agitator, or are those two descriptions the same?

FRANK ALBERT VAN NIEKERK: Yes they're the same kind of people in my opinion.

UNKNOWN: When you were given the instructions you were not told to specifically identify particular people, say such and such a person would be one of those voorbokke and those people who you have to arrest?  The instructions did not contain that?

FRANK ALBERT VAN NIEKERK: Please repeat the question.

UNKNOWN: I'm asking whether the instructions that you were given contained information about who the voorbokke and belhammels will be.

FRANK ALBERT VAN NIEKERK: No there was no such information as to who these ring leaders would be.

UNKNOWN: You understood your instructions that any person who throws a stone is the person that you have to arrest?

FRANK ALBERT VAN NIEKERK: Yes according to me the stone-throwers had to be arrested.

UNKNOWN: Alright what type of arms and ammunition were you issued with on the day of the operation?

FRANK ALBERT VAN NIEKERK: I was busy in the unrest areas for a year in 1985 ...(intervention)

UNKNOWN: I need to rephrase the question, what ammunition, arms and ammunition were you issued on that day, on the day of the operation.

FRANK ALBERT VAN NIEKERK: Yes I'm getting there, on a daily basis I was issued with my 9mm pistol and ammunition, a magazine containing eight rounds sharp point ammunition, as well as a shot gun.  I'm not sure but I think with four or five rounds.  In our section we always had a box containing all our ammunition and accessories.  We only carried four or five shot gun bullets in our possession.

UNKNOWN: And that is what you had on the day of this operation for the operation of the Trojan Horse, is that what you had?

FRANK ALBERT VAN NIEKERK: That's correct.

UNKNOWN: Were you issued with tear gas?

FRANK ALBERT VAN NIEKERK: In this specific operation? No we weren't issued with tear gas for this operation.

UNKNOWN: Now what was loaded in your shotgun when you left Mannenberg Police Station?

FRANK ALBERT VAN NIEKERK: My shotgun contained four rounds of birdshot.

UNKNOWN: It was loaded?

FRANK ALBERT VAN NIEKERK: That's correct.

UNKNOWN: You didn't have to still load it before you shot?

FRANK ALBERT VAN NIEKERK: No it wasn't necessary.

UNKNOWN: Now let's concentrate on the truck. So you were on the truck, where on the truck were you?

FRANK ALBERT VAN NIEKERK: I was right at the back in the  crate which was right at the back of this truck.

UNKNOWN: Was anyone else with you in the crate?

FRANK ALBERT VAN NIEKERK: Yes there were two people in the crate right at the back.

UNKNOWN: Are you able to tell us who was with you in the crate?

FRANK ALBERT VAN NIEKERK: One was Rossel and one was Smit. There were actually two Smits, one was the driver and the other one was in the crate with me.

UNKNOWN: Do you know his initials?

FRANK ALBERT VAN NIEKERK: No I don't know the initials.

UNKNOWN: So the three of you were in the crate.  Now when you were told that you must go and arrest people and you were three in the crate and stuck in the crate and so on, where were you going to put the arrested people?

FRANK ALBERT VAN NIEKERK: I don't think provision was made for putting the arrested persons after their arrest, I can't remember that.