Human Rights Violation Hearings — Pietermaritzburg — 1996-11-20

INTERPRETER:  Mr Harrington, thank you for that testimony.  We understand the code of secrecy that exists between policemen, and we know how difficult it is to break that code and to talk about your former colleagues, and we thank you for having had the courage to do so.  Before you step down we would like to ask you some questions.  You have been here for the last few days, for the last two days, and you have heard your accomplice, Mr Madlala, talk about his role and the role of the other special constables in the Seven Day War, and the involvement of Mr Ntombela with the special constables.  You heard his testimony.  Is that your understanding of the role of those people at the time, Mr Ntombela, the special constables?  Do you agree with the evidence that was given by Mr Madlala yesterday?

WITNESS:   Yes, I fully agree.

INTERPRETER:  Can you tell us something about the relationship between the Riot Unit Eight, the special constables and Mr Ntombela?

WITNESS:   What I can say is that the special constables and our members were very close to each other.  We worked 24-hour shifts alongside each other.  Sometimes for longer periods.  At such an early age, especially in my case, you are trapped in politics and you can easily be influenced in a certain way.  Through the influence of the special constables - they were attacked simply because they were policemen.  That was wrong as far as I was concerned.  They were also part of the unit, they were also family.  And if you, for instance, go out in a group, and some of your friends are members of this group, you wouldn't start shooting at this group.  Obviously not.  I even went to the home of Chief Ntombela.  I dropped off special constables at his home to act as guards there, and I was invited by him to have dinner with him, to have a meal with him.

INTERPRETER:  Now, the evidence which you gave, you said that you were with special constables in the Table Mountain area, and you were invited by an Inkatha group to join them in a braai and to have drinks with them.  Did I understand you correctly when you said that when you were braai-ing and having drinks with them another Inkatha group launched an attack on a nearby UDF or ANC area?

WITNESS:   That is correct, Chairperson.

INTERPRETER:  And the Inkatha people that you were with told you not to worry, and that you did not take any action to prevent or even investigate the attack, but that you continued to braai and drink?

WITNESS:   That was the case, yes.

INTERPRETER:  Now, would you say that was typical of the manner in which the Riot Unit and the special constables behaved during that period?

WITNESS:   Yes, it would appear so.

INTERPRETER:  Mr Harrington, you fell under various senior officers at the unit, Lieutenant Meyer and others, Lieutenant van der Heever.  Were they aware that the Riot Unit and the special constables were being deployed in this fashion and that they were behaving in this fashion?

WITNESS:   That is difficult, it's difficult to say yes or no, but it was so generally done and openly done that none of us were reprimanded about this.  It wasn't seen as wrong.

INTERPRETER:  You said also that you saw on the application forms which people had to fill in to become special constables that they contained the - or included the signature of IFP chiefs, is that correct?

WITNESS:   That's correct.

INTERPRETER:  Now, what is your understanding of that?  Are you saying that before people were accepted as special constables they had to be approved by the IFP?

WITNESS:   Definitely yes.

INTERPRETER:  You also mentioned that you used your army vehicle to transport IFP people to certain areas.  Could you just elaborate on that?  What was the purpose of transporting them, and to what areas were they transported, and what was their aim when they went to those areas?

WITNESS:   I often came upon groups of Inkatha specials, about between 10 and 20 people, at night, where they were on their way to specific areas to attack an ANC home.  I then thought it a good idea to convey them in my own vehicle and to take them to such a house or area.  I never specifically took part in these raids myself, because my objective was to stand back, to keep my distance, to prevent ANC supporters from running away from this area.  My other objective was to - after the shots that I had heard, to escort the special constables back to where they had come from.

INTERPRETER:  You also said that you were under orders not to disarm any IFP people whom you caught with illegal or home-made weapons, is that correct?

WITNESS:   No, these were traditional weapons.  We were told not to confiscate traditional weapons.

INTERPRETER:  And what about guns, firearms?

WITNESS:   If I came upon groups and they had firearms in their possession - such an incident took place in the city.  I noticed that there were firearms involved, that people were carrying firearms.  We didn't confiscate these firearms from the people.

INTERPRETER:  Were these specific standing instructions which came to you from your unit?

WITNESS:   No, I wouldn't say they were specific instructions, but the fact that an officer was in the vicinity or at the scene, you know, for that reason it was authorised.

INTERPRETER:  But if you saw UDF or ANC people with weapons of any sort you would disarm them?

WITNESS:   That's correct, yes.

INTERPRETER: /BENSON VULINDELA NSIMBI

BENSON VULINDLELA NSIMBI: (Sworn, States)

BENSON VULINDLELA NSIMBI:  Reverend Nsimbi, you are a minister in the Methodist Church, is that correct?

WITNESS:   Yes.

BENSON VULINDLELA NSIMBI:  And at the time of this so-called Seven Day War is it correct that you were stationed or that you were posted in this Pietermaritzburg region?

WITNESS:   That is correct.

BENSON VULINDLELA NSIMBI:  And is it correct that during this period you had a lot to do with the aftermath of the conflict, that is with the refugee crisis?

WITNESS:   That is correct.

BENSON VULINDLELA NSIMBI:  From your experience then at the time can you tell us about your involvement with refugees, and just try and give us some idea as to the sorts of problems you encountered, and specifically the scale of the problem, the size of the problem?