Amnesty Hearings — Durban — 1999-08-19

H J P BOTHA: On the 13th of July, 1990 a decision was taken that there would be no prosecutions of any of the arrested persons who had dealings with Vula because of the political sensitivity of the circumstances.  This would have regard of Vula operators who had already been arrested as well as those who would be arrested in future and there was also talk that certain involved parties would not be arrested because of their participation in the negotiation process and these persons as far as I can recall were Joe Slovo, Jacob Zuma and Chris Hani.  The thought was that the negotiation process which was aimed at reaching a political solution, was of much greater interest as the prosecution of ANC SACP members.   Although this decision was disappointing, it made sense since, in the light that the SA Government had bound itself to reaching a political settlement at all costs for all the people of South Africa.
	I once again spoke to Ndaba.  We had always had a relationship of trust and I believed that it was important that he be informed with regard to the arrests and his own position in the light thereof.  I informed him of the decision that there would be no prosecutions.  His attitude changed radically after he heard this and he expressively said that he would not cooperate anymore as an informer.  
	The fact that I mentioned to him that a special reward of R50 000 had been required or requested which would enable him to settle down abroad made no difference to his determination.

MR VISSER: May I just interrupt you?  This R50 000 which you speak of, was this money which was requested specifically for Mr Ndaba?

H J P BOTHA: That's correct, Chairperson.

MR VISSER: And how far did this process develop?

H J P BOTHA: To such an extent that it was approved by Head Office and the money was available to be paid out.

MR VISSER: Here in durban?

H J P BOTHA: That's correct, Chairperson.

MR VISSER: And you then told him Saturday the 13th of July 1990, that the money would be made available to him to establish himself abroad if he wanted to?

H J P BOTHA: That's correct, Chairperson.

MR VISSER: Will you please continue?

H J P BOTHA: It made no difference to his determination to work, to continue working as an informer for us.  He put it to me that he regarded it a better option to play open cards with the ANC and to in such a manner seek refuge with the ANC.  I realised what danger this would hold for other informants of which Ndaba was aware and in effect, the disclosure of his knowledge of the information structure in the Durban Security Branch would have led to the collapse there.  The cut-off of information which was brought about by this could not be accepted.

MR VISSER: this information structure, do you refer to all the information structures or the information structures with regard to certain neighbouring states?

H J P BOTHA: Chairperson, in this case I refer to the structures in Durban and I refer to the neighbouring states.

MR VISSER: Any specific neighbouring states?

H J P BOTHA: Swaziland specifically.  Consequently ...(indistinct) that he think about his decision and that we together find a solution for the problem.  I even proposed plastic surgery to  change his looks but he did not want to concur.  In the past this had been done with great success for other informers.  After attempts to settle his concern and to make sure that we keep his loyalty, it became clear to me that he was so frightened that he became irrational that he could not be trusted furthermore.  Because of above mentioned situation, it became clear that he could not be released from my control and with consideration of the question that I, whether I should allow Ndaba to report to the ANC, I considered the following considerations.  During his time in Swaziland and Zambia, he was attached to Communication and Logistical infrastructure of co-workers and informers of which at least some of them were known to him which he could identify.

MR VISSER: Was this informers of the police?