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

INTERPRETER: (Incomplete) ... a piece of pole lying close by, and some of the special constables picked it up and threw it at this man, and it hit him on his head and he disappeared beneath the surface of the water.  After a while he fortunately surfaced again and made haste to try and get away.  We left him there.  I took part in my first assaults in the unit.  After a couple of months I went to C shift under command of Warrant-Officer O'Connell.  Sergeant Potgieter, Gary Karbens, Gerhard Kotze, Dave Higgins, P W Smith, Stuart Jones, Sebron van Dyk and a group of special constables whose names I can't remember, they were all on this shift.  I can, however, remember Nxumalo's name, one of the special constables.  Jajozi and Nene I can remember as well.  Their initials are unknown to me.  I simply can't remember any more.  At this stage I was about 19-20 years of age.  Lieutentant Tokkie van der Heever was directly in command of the special constables, Major Deon Terblanche was head of the unit, and Lieutenant Danie Meyer was second in command.  On this shift I worked with Stuart Jones and Gerhard Kotze and their crew and took part in assaults.  Jones and my crew were together when we performed raids on ANC homes, looking for firearms ... (incomplete - end of Side A, Tape 1) ... not - I don't want to incriminate O'Connell or anybody else, or any other officer, but I was never reprimanded and told that what I was doing was wrong.  My officers had to know exactly what I was doing because on two occasions I was called in, firstly by Major Deon.  He told me that if I ever need him I should go directly to him first.  I not only got the impression that he would help me, but I knew that he would help me.  He was like a father to me, and always inquired about my wellbeing.  At a later stage I was called in by Lieutenant Meyer, and he made a statement to me that I thought I was a little god, and to be quite honest I did think that.  I did exactly as I pleased.  I then asked to work in the office for a while, and I then worked in the office with Constable Haywood for a while.  We performed duties relating to the duties of the special constables, as well as the payments made to them.  I noticed that their applications to work as special constables had been signed by an Inkatha chief and another Inkatha person.  Chief Ntombela's name or signature featured prominently.  At the beginning of 1991 I was transferred to B shift.  Lieutenant Meyer was overall in charge here.  Members of my shift were, inter alia, Franz Erasmus, Mark Barnard, Jimmy Smith, Viljoen, the two van Rooyen brothers and a Potgieter, whose nickname Dompotie.  There were about between 20 and 50 special constables, amongst others Madlala, the accomplice in the murder case, my murder case, Keshwa Mlambo, Dlamini, Bhengu and Zuma, and others whose names I can't recall now.  On this shift I took part in various assaults with Erasmus, Barnard and Smith on various occasions.  With Erasmus and Barnard we searched for arms, separately and together.  I would like to emphasise that Erasmus is serving imprisonment along with me, and he was a co-accused in my murder case.  He was also approached by the Truth and Reconciliation Commission's investigating officers, but it was decided that he would not testify before the Commission since he was not on duty during the Seven Day War.  I would also like to place it on record that he took fundamental - played a fundamental role in draafting this statement.  At some stage I, along with Jimmy Smith and Vigilus Constantinopoulos, with the nickname of Billy, along with Lieutenant Enoch and warrant-officer - we worked in Mpophomeni in civilian clothes.  I can't remember exactly the reason why we were deployed there.  We slept in a tent in Midmar.  We were searching for some suspects.  I can't remember the case name or the case numbers.  What I can recall is that our group took part in a couple of assaults in the Mpophomeni area.  I also know that we tubed a couple of men there.  We also drank quite a lot.  That could also be the reason why I can't recall the events so clearly.  If Superintendent Meyer and O'Connell, if they cast their minds back they will confirm that I was drinking heavily.  Danie Meyer at one stage reprimanded me about my drinking habits, and Herman O'Connell will recall that I went to him regarding this problem, and that I was asking for a transfer away from the unit.  I realised that I had a drinking problem and I experienced the stress of the job very severely.   All the assaults and human rights violations were starting to catch up with me and having an effect on me.  The unit had to help me after I had been booked off by my doctor on the grounds of stress.  That could have prevented me committing murder, and that is the worst form of human rights violation.  Mark Barnard and myself were also involved with some special constables in assaults and searching for firearms.  Nhlanhla Madlala yesterday testified about his involvement as regards firearm sales.  I would like to add that Mark Barnard and myself were involved in nine assault cases on which we were found not guilty, and I also would not like to elaborate on this matter because it is contained in my submission to the Amnesty Committee.  This happened in February 1991 and does not relate to the Seven Day War.  Early on in my days in the unit I was told by senior members that I should at all times carry a home-made firearm in my vehicle to use if I accidentally shot somebody dead.  I would then have to plant this home-made firearm on this person so that it would look like it was a case of self-defence.  After the reports - after you've listened to the reports on the Seven Day War I now realise what part I played, and to all the people who lost family members, mothers, brothers, sisters, I can only say I am very, very sorry.  I missed my own mother's funeral because I was in prison.  That really hurt.  Just before the Seven Day War I was in Table Mountain, but we were only deployed there after the attack on Chief Maphumulo's house.  During such a patrol an Inkatha group of between 10 and 15 men stood chatting to us.  They asked whether we wanted to have a braai and have a couple of drinks.  We agreed and they brought meat and drinks.  My vehicle was parked against the hillside separating areas of the different chiefs, and at that stage houses had already been burnt down and there had been plundering by Chief Maphumulo's people.  Some of these people left the area to seek shelter in Chief Maphumulo's other house.  Some of them also went to other areas or to town.  We were there to prevent Chief Maphumulo's people launching an attack on the other area.  Whilst we were having our braai and drinking beer an Inkatha group came around the hillside unseen and launched a new attack on the ANC area.  We were assured by the group that were providing the meat and the beer that they were Inkatha people and we had nothing to fear regarding the attack.  According to them it also wouldn't last for very long.  After the valley had been burnt we then fired 1 000 feet flares for two reasons, namely, firstly, to see whether any groups were moving in the direction of the koppie to attack people in the Inkatha area, and, secondly, to prove to the ANC people that we were present in the area.  Constable Liebenberg and about six constables were in my vehicle.  Our radio couldn't contact our base, and the Inkatha group of between 10 and 15 people fell back across the koppie during the period that we shot up the light flares, and after a while, when we thought it was safe to do so, we changed our position to try and get a message through Zulu control that shots had been heard in the area, as well as the fact that there were houses and shops burning.  We also wanted to relay the message that we would remain in the area, and that the area was not quiet.  It was extremely dangerous to drive around in the ANC area because earlier shots had been fired at my vehicle, so to perform normal foot patrol, the normal patrols, was simply out of the question.  Neither myself nor my crew wanted to die during the early hours of the morning.  When day broke we returned to Pietermaritzburg.  We received a message that we had to accompany a female journalist to Chief Maphumulo's home, which we did.  There were about 400 refugees present.  Chief Maphumulo only arrived at the scene a short while afterwards, and I then withdrew my vehicle from the area.  After a while Chief Maphumulo left the area and his people and sought shelter somewhere.  This information I received from my specials.  The area was basically unhabited and there were many empty houses.  Many refugees had moved into the city.  I can't remember whether this was before or after the disappearance of Chief Maphumulo, but his vehicle had been fired at, but his guards were inside the car and he was unharmed.  But before this incident I knew that an attack would be launched on him.  This I also learnt through the specials and the Inkatha impis.  They believed that if Chief Maphumulo was killed they would then gain full control over the Table Mountain area.  Later all the areas around Pietermaritzburg erupted in violence.  The ANC's banning orders were lifted, Mr Mandela was freed.  The fighting between the ANC and the IFP became more severe.  I was sent from one area to the next to try and stop the fighting.  We worked 24-hour shifts.  That entailed 24 hours on duty, 24 hours off duty.  The worst hit areas were Imbali, Edendale, Thambuza, Table Mountain, Dinadi, KwaShange and Xaluza and Simero.  Later it spread to Dlamalala and Taylor's Halt.  At the age of 20 I had to make my own choices, and I was working with special constables who were just as young as I was, and they were policemen.  Their homes and families were attacked, and this was wrong in my view.  The specials were all Inkatha members and supporters, and the ANC and UDF were shooting at us.  They hated us and the specials hated them, and I hated them because I nearly died on several occasions as a result of their actions.  For that reason I saw myself as on the side of Inkatha.  I was taught by the National Party and the chiefs in the Riot Unit that the ANC/UDF alliance was our enemy, that they were terrorists, and as a policeman it was my duty to combat terrorism.  The war between us and the ANC was very severe, was intense.  To combat terrorism I allied myself with Inkatha.  When the ANC was unbanned I never went to a lecture or anything like that which would explain to me that they were no longer regarded as terrorists.  I continued my war, because the ANC war against myself and us showed no signes of abating.  For that reason I did not stop taking Inkatha members in small groups to areas at night, and for that reason I assured the safety of the Inkatha members and supporters by accompanying them to certain areas, and for that reason also I allowed the special constables to fire shots at ANC people from my vehicle whilst we were busy performing patrols, and for that reason I wanted to chase away the ANC when the ANC people and Inkatha wanted to attack each other.  We used stun grenades, tear gas, and even rifle fire.  An incident took place in the Henley Dam area.  Myself and about four vehicles were surrounded by a group of several thousand people.  They wanted to attack each other, the two groups, using pangas and even guns - and assegais.  The fighting then spread to the city itself.  Groups of people started gathering near the bus depots and started running through the streets.  We attended complaints where people had been assaulted and stabbed to death.  We saw Inkatha supporters walking around with pangas and kerries, knobkerries, and we were told traditional weapons were legal, it was legal for people to carry these, and that we were not allowed to confiscate these from Inkatha people.  Throughout there were groups in the Imbali/Edendale area, Dambuza, Ashdown and Simero.  These groups attacked people and vehicles, committed arson, and killed people.  We could only try and keep these groups apart.  At certain times we had to go through to Mpophomeni to bring the fighting there under control.  If there was no policeman well disposed towards the Inkatha they did it after Major Deon's death, 10 days before the start of the Seven Day War, because Roy Ngcobo was an acknowledged UDF supporter.  Major Deon was a good man.  He was a father figure to us at the unit.  Regarding the Seven Day War I can't recall very much, but I have certain flashes of memory.  Just before the commencement of the Seven Day War we buried Major Deon.  It was a very emotional period in my life.  I can remember that I cried a lot, and I also was drinking very heavily at that stage.  That was the only way which I knew to try and help me to forget.  What I do remember about the Seven Day War is that I started working on a certain day and 36 hours later I went off duty.  I remember that many houses and shops were burnt down.  There were many refugees.  Many of the special constables didn't even report for duty at the unit.  I noticed some of them in the areas in which I worked.  They would have gone to acknowledged Inkatha chiefs' homes, or larger Inkatha groups, and it was these groups of between 50 and 100, sometimes larger, who were responsible for burning down homes.  Who the actual role players were during this period is very hard to say, but the impression I got was that these were organised attacks from the side of the two Inkatha chiefs.  Lieutenant Meyer at the time, and Captain McEverly, were also present in these areas to gain first-hand impressions of what was going on.  I was busy with my own war against the ANC.  Apart from saying that these two officers were in the area it would be impossible for me to say exactly what they did.  At this stage my vehicle crew started firing at groups of ANC people without reason.  I authorised it because I was told or commanded that we should do that.  It was a radio message which I received.  Firing would of course not be permitted against the Inkatha groups because there were special constables in these groups.  I myself gave one or two belts to the special constables who were part of these groups running around.  I repeat, I gave one or two belts to the special constables who were in groups running around.  I can't remember what other shifts I worked, who worked with me, or who the special constables were that I could recognise amongst the Inkatha groups.  Everything was such a jumble.  It was chaotic.  We were told at some stage by the officers that we should not enter certain areas since certain the people in certain ANC areas didn't want us there.  32 Batallion of the Defence Force, who worked with us, they were the chosen force to be present in these areas.  Our officers told us that we could not comply with their demands and that we should simply adopt a lower profile in such areas.  That suited us because then we were guarding the Inkathas.  Later the same areas requested us to patrol their areas.  They then wanted the Defence Force people out of their areas.  That was after the 32 Batallion members apparently raped women and committed theft in the area.  The war which I was waging continued until my arrest.  In my view I can't see that the term Seven Day War could be connected with all the events in and around Pietermaritzburg at the time.  Between 1988 and 1991 I was working for this unit.  How many people died during this period alone, not to mention the period before 1988?  Even after 1991 until 1996 many more people died in these areas.  It was only when the Truth Commission started hearing evidence about the Seven Day War it could be seen that Natal has been embroiled in a situation of war for many, many years, and the boil will have to be lanced, and that will cleanse the wound.  Hopefully Natal will be healed by the evidence to be submitted.  I will never in my life forget what I experienced in my police career.  My part in the events and my war against the ANC, for this I apologise.  I apologise before all the people of South Africa.  I am sincerely sorry for what the National Party made me do.  On the other hand I forgive the ANC for their part in all the attempts on my life, as well as for murders and attacks on my colleagues and Inkatha people.  I greet the new, reformed South Africa with new hope for each and every South African.  My fear belongs to the past, but now, because I have made a confession today here, I leave today as a marked man.  For the rest of my life I'll be stigmatised, which will declare to the world that I am a traitor, but myself, Erasmus, Madlala, did we ever think that we would walk out of herescott-free?  We can't dispute it.  As from today we live in total fear, inside and outside of prison.  Many will say that I deserve all this, and that now I will really know how the people in the black areas must have felt, but there's a difference.  You can change to a different area and make a fresh start.  I have to go back to where I came from.  I have no choice.  I've been branded as a traitor, a traitor to my own people.  But there will be people who understand, they understand that the truth must triumph in the end, and hopefully the truth will set me free one day.  I would like to conclude by saying - the question which the Commission puts to people, what can the Commission do to help the suffering of the victims?  As far as that's concerned, firstly I think all the people who are still without homes and a livelihood after all these years, I think they must be taken care of ... (incomplete - end of Side B, Tape 1) ... in their housing programmes.  Although the former Government must take the blame for that the current Government must ensure that these things are addressed.  The former Government can make a better contribution, because it still exists as a political party in our country.  Not only must the National Party become more involved, the other parties, all the other political parties and organisations should also become more involved.  Everybody should make some gesture to prove that all parties and groupings are standing together as one to try and build up this country of ours.  The times when political parties and organisations were just seen as paying lip service to certain ideas amongst members of the public are past.  They must now make some effective contribution and co-operate.  Various denominations and church groups have led the way in this regard, and they've proved that these attempts can succeed.  Each party or political organisation is connected to some church or religious nomination, and that can serve as a base to bring together people from all walks of life and spheres of life to become actively involved.  Secondly, people who were damaged in some way, or who suffered damage in some way, this problem must be addressed as well.  People whose human rights were violated, they must be looked at.  They must be brought face to face with the people who actually violated their human rights, such as, for instance, myself.  I still have to be given the opportunity to appear before the Amnesty Committee to reveal my full participation in events, as well as to beg forgiveness from the people, the people whom I caused suffering to.  But for me that is not sufficient.  I would like to see that more is done to promote reconciliation.  For instance, a non-official gathering place could be created so that the perpetrator can meet the person whose human rights he violated, and to talk about the reasons for all the various attacks which led to human rights violations.  If after the amnesty hearing I am acquitted I would very much like to be part of such a movement, or even to start up such a clinic.  My final and third point is the following.  I suggest that more effort - more attempts are made to involve former policemen in hearings before the Truth and Reconciliation Commission to make full disclosure about all their acts relating to the apartheid era, that which they did under the banner of the National Party.  Thank you.