Amnesty Hearings — Welkom — 1998-11-19

CHAIRPERSON: Yes, thank you.  Earlier this morning I introduced the Committee to you but for those person who weren't here and have arrived for this particular hearing, I'll just briefly introduce the Committee to you.  On my right is Doctor Tsotsi, he's an attorney from Port Elizabeth and a Member of the Amnesty Committee, and on my left if Mr Sibanyoni, he's an attorney from Pretoria and also a Member of the Amnesty Committee as am I.  I am Selwyn Miller, I'm a judge in the High Court in the Eastern Cape, attached to the Transkei Division there.
CHAIRPERSON EXPLAINS TRANSLATION EQUIPMENT

CHAIRPERSON: We are now going to commence with the hearing of the application of Messrs Kriel, Labuschagne, Botes and van der Watt.  I would request the legal representatives please to just place themselves on record.

MR LOUBSCHER: Thank you, Mr Chairperson, the name is Loubscher.  I am appearing for Messrs Labuschagne, Botes, van der Watt and Kriel, instructed by Mr Ernst J B Penzhorn Attorneys from Pretoria.

CHAIRPERSON: Thank you, Mr Loubscher.

MR TAKA: Thank you, Mr Chairperson, my name is Gordon Taka.  I am representing the victims in count 2 on page 77, that is Ewin Tanyane and Porotlone, the victims in count 3, P Bayo, Solfafa, Anasoon, Khati, Shadrack Kulashe and Eliza Boneni and also victims on count 6 on page 77 of the bundle, M P Ramurakane, Margaret Malinga, Stephen Semelo and Andries Semelo.  Thank you, Mr Chairman.

CHAIRPERSON: Thank you, Mr Taka.

MR MAPOMA: Thank you, Sir, I'm Zuko Mapoma, the Evidence Leader for the Amnesty Committee.

CHAIRPERSON: Thank you.  Mr Loubscher?

MR LOUBSCHER: Chairperson, may I present to the Amnesty Committee the application of Mr Labuschagne.  I would like to call him to give evidence.

JAN CORNELIUS LABUSCHAGNE: (sworn states)

MR LOUBSCHER: Thank you Chairperson.
	Mr Labuschagne, you have completed an affidavit, the original and copies are already in the possession of the Committee, the Evidence Leader as well as Mr Taka and you also have a copy of this affidavit before you.

JAN CORNELIUS LABUSCHAGNE: I do, Mr Chairperson.

CHAIRPERSON: Mr Loubscher, could we mark this affidavit as Exhibit A?

MR LOUBSCHER: Yes, Sir, thank you.
	Mr Labuschagne, from paragraph 1 of the affidavit you introduce yourself, who you are and your what your profession is.  Can you please read the affidavit into the record from paragraph 2?

JAN CORNELIUS LABUSCHAGNE: Yes, Chairperson.
"In 1993 I was a member of the Afrikaner Weerstandsbeweging, the AWB and the Volksfront and I had the rank of Colonel in the first-named movement.
	During or around October 1993 I received instructions from Andries Stefanus Kriel then a Brigadier in the AWB and the deputy leader of the Volksfront in the Northern Free State to organise a cell to form part of a co-ordinated campaign at the start of, the 8th of November 1983 on a continuous basis by means of explosives to damage logical connections as power installations and railway lines, a show of power of the white opposition received publicity ..."
...(intervention)

CHAIRPERSON: Sorry, Mr Labuschagne, could you please read a bit slower.

JAN CORNELIUS LABUSCHAGNE: Very well, I will start with the previous paragraph.
"Was to get publicity for the opposition of the whites in the direction that the previous government was moving in, as well as the previous government and the ANC's ignoring the Volkstaat idea in the constitutional negotiations.
	Through these actions the previous government had to be forced to take the Afrikaner volk's ideals of a Volkstaat seriously and send a message to the ANC as to the seriousness of the Afrikaner's ideal of the Volkstaat.  The explosions had the purpose of making the leaders of the Volksfront stronger in the further constitutional negotiation process to the acquisition of a Volkstaat for the Afrikaner volk.
	Mr Kriel emphasised that there had to be a continuous onslaught to obtain these political objectives, and in accordance to the planning no life had to be lost.  In accordance with my instructions I regularly reported back to Mr Kriel as to our progress in the execution of this planned campaign.
	The senseless assaults of black individuals which was on the files of some of the members of the AWB was rejected by both myself ...(end of tape)
	... lack of discipline in the AWB led to Mr Kriel's resignation in the AWB and I did not renew my membership in January 1994.

MR LOUBSCHER: Mr Labuschagne, if I could just interrupt you there.  Did you indeed resign from the AWB?

JAN CORNELIUS LABUSCHAGNE: That is correct.

MR LOUBSCHER: And your statement that Mr Kriel resigned from the AWB in December 1993, is that the impression that you have?

JAN CORNELIUS LABUSCHAGNE: That is correct, Chairperson.

MR LOUBSCHER: Please continue.
MR LABUSCHAGNE
"The 21 explosions which was part of the campaign can be divided into two categories, 14 attacks on power and railway installations which was property of the government, 7 actions in residential areas of ANC supporters and offices and facilities that were used by the ANC or their supporters.
	The first category was aimed to force the then government to recognise the ideal of the Volkstaat.  The rejection of the idea by the NP Government was a slap in the face.  The second category was aimed at the ANC, to bring them under the impression of the seriousness of this ideal of the Volkstaat and to encourage the ANC to agree with the forming of such a Volkstaat.  As it would seem, two thirds of these attacks were aimed at power and railway connections.  If a Volkstaat Committee was put in by the then government, these actions would never have taken place.
	The establishment of the ANC Government has to ascribed to this campaign.  As explained above, I seek amnesty for the incidents for which I am charged: 22 charges of offences in accordance with Article 54.1 of Act 74 of 1982 and alternatively offences of Article 54(3) of Act 74 of 1982.  Alternatively, damage of property, 17 charges of attempted murder, 1 charge of offence of Section 2 of Act 75 of 1969 and 2 charges of offence in accordance with Section 28(1) of Act 26 of 1956.

MR LOUBSCHER: You then proceed in paragraph 5.2 of your statement and you explain there precisely what the charges entail and this corresponds with what we see on page 63 to 84 of the bundle.  Do you confirm paragraph 5.2 as being correct?

JAN CORNELIUS LABUSCHAGNE: That is correct.

MR LOUBSCHER: Could you then continue with paragraph 5.3?
MR LABUSCHAGNE
"All these acts were committed directly as a result of the instruction which I received from Kriel in October 1993 and it made part of a campaign of actions according to the guidelines as mentioned above.  And we continued with this campaign on a continual basis in order to obtain the ideal of a Volkstaat or obtain recognition therefore within the constitutional negotiation process."

MR LOUBSCHER: Mr Labuschagne, can I just interrupt you once again?  With regards to the identification of targets, can you just tell the Committee who was the person who was tasked with the identifying of targets?

JAN CORNELIUS LABUSCHAGNE: Chairperson, it was myself, I decided which targets to choose.

MR LOUBSCHER: And in the cell, the people who acted with you was Mr Botes and van der Watt?

JAN CORNELIUS LABUSCHAGNE: That is correct.

MR LOUBSCHER: And except for the fact that Mr Botes was not always there, in certain exceptions he was not there?

JAN CORNELIUS LABUSCHAGNE: That is correct.