Amnesty Hearings — Cape Town — 2000-09-27

CHAIRPERSON: Morning everybody.  We'll continue with the CCB hearing.  Has it been decided who the next applicant's going to be Mr du Plessis.

MR DU PLESSIS: Yes, Mr Chairman, he's ready to give evidence.

LEON A MAREE: (sworn states)

CHAIRPERSON: Thank you.

MR P DU PLESSIS: Thank you Mr Chairman.

MR P DU PLESSIS: Mr Maree you are an applicant in this matter for amnesty in terms of the National Unity and Reconciliation Act 34 of 95 in regard to an incident regarding Gavin Evans, is that correct?

LEON A MAREE: That is correct.

MR P DU PLESSIS: And your application was filed on the 2nd of December 1996.  It's dated the 2nd of November 96, is that correct?

LEON A MAREE: That is so.

MR P DU PLESSIS: Now also as far as you're concerned, you initially applied in terms of the first Act, number 35 of 1990, the "Wet of Vrywaring", is that correct?

LEON A MAREE: That is correct.

MR P DU PLESSIS: Sorry, yes while we're busy, do you prefer speaking English or Afrikaans?

LEON A MAREE: No, it's irrelevant.

MR P DU PLESSIS: Mr Chairman, can I just sort this out with the applicant.

CHAIRPERSON: Mr Maree, it's your choice, whatever language you want to speak, please feel free to do so.

LEON A MAREE: Very well, I will give evidence in Afrikaans and English with cross-examination.

CHAIRPERSON: Speak to Mr du Plessis, maybe he has ...

MR P DU PLESSIS: Thank you Mr Chairman, it's sorted out, he will give his evidence-in-chief in Afrikaans and he will answer the cross-examination in English, where applicable, from Mr Kahanovitz.

CHAIRPERSON: We won't hold you to that Mr Maree.  If you want to at any stage speak Afrikaans or English, that's up to you.

LEON A MAREE: Thank you Mr Chairman.

MR P DU PLESSIS: Very well Mr Maree let us then  speak Afrikaans at this stage.  So you made that initial application in terms of the Act that is dated the 28th March?

LEON A MAREE: That is correct, yes.

MR P DU PLESSIS: Concerning that application, there was no formal reply to it.

LEON A MAREE: No, none at all.

MR P DU PLESSIS: But later you did receive notice that in terms of the Act, in terms of further indemnity, that this first application of yours was referred to the hearing of two Judges in Bloemfontein and indeed it was done on the 9th of December 1993, where you were then represented by Attorney Havenga and Juri Wessels and they argued on behalf of you.  Were you present there?

LEON A MAREE: No, I wasn't.

MR P DU PLESSIS: Well, also concerning this, there was no feedback in terms of the publication of the indemnity in the Government Gazette and then the next step was that in terms of the Act of 34/95, you apply for amnesty?

LEON A MAREE: That is correct.

MR P DU PLESSIS: And this is now in terms of the incident around Gavin Evans?

LEON A MAREE: That is correct.

MR P DU PLESSIS: Now this application of yours, it's now this application that is serving in front of the Commission at this stage?

LEON A MAREE: That is correct.

MR P DU PLESSIS: And you were then assisted by Adv Swiegelaar and you application is in the form of, or with your annexures dated 28th of March 1991, is that correct?

LEON A MAREE: Yes.

MR P DU PLESSIS: We will come back to this at a later stage.  Very well, before we then deal with the matter as such, I think it is necessary for us to allow you to continue and explain to us in your own words, what the background was.  The first issue that I'd like to deal with is your own personal background.  I assume you are a South African citizen and that you grew up in Natal?

CHAIRPERSON: Mr du Plessis, you heard that?

LEON A MAREE: I seem to be the culprit.

CHAIRPERSON: Yes.

MR P DU PLESSIS: You grew up in Natal?

LEON A MAREE: That is correct.  I grew up and schooled in Port Shepstone.  I then joined the police in 1971 and I finished school in 1970.

MR P DU PLESSIS: If you could just slow down for the interpreter.

LEON A MAREE: I apologise.  Directly after school I joined the Police Force and I went to the Police College in Pretoria.

MR P DU PLESSIS: We are now talking about 1970, is that correct?

LEON A MAREE: Yes.

MR P DU PLESSIS: Continue.

LEON A MAREE: From there, after the Police College, I went to Pietermaritzburg, from there to Empangeni and from Empangeni Detective Branch to the Brixton Murder and Robbery Unit.

MR P DU PLESSIS: What year would this be where you joined the Brixton Murder and Robbery Unit?

LEON A MAREE: It was in 1978 or 79.

MR P DU PLESSIS: You were then attached to the Brixton Murder and Robbery Unit up until 1988, is that correct?

LEON A MAREE: Yes.

MR P DU PLESSIS: What was your rank when you started your service?

LEON A MAREE: I was a Warrant Officer.

MR P DU PLESSIS: I would just like to deal with the circumstances around the fact that you then left the Police Service.  Can you just in short explain this to us?

LEON A MAREE: I investigated a murder case or a few murders where the suspects that I identified were Mr le Grange, a former Captain of Murder and Robbery and Robert van der Merwe who was also at the Brixton Murder and Robbery Unit.

MR P DU PLESSIS: It was the murder of drug smugglers.

LEON A MAREE: Yes.  I made my presentation to the Commander.

MR P DU PLESSIS: Who was the Commander?

LEON A MAREE: It was Col Burger.

MR P DU PLESSIS: This is now Staal Burger who is also an applicant in this matter?

LEON A MAREE: Yes. Because Capt le Grange was an officer,  the dossier was taken from me and then handed over to Pretoria for further investigations.

MR P DU PLESSIS: This Capt le Grange as you've already mentioned, was then an officer at the Brixton Murder and Robbery.

LEON A MAREE: He was a former Captain at Brixton, but he was then part of the East Rand at that stage.

MR P DU PLESSIS: But if you say Brixton Murder and Robbery, you say that you knew him?

LEON A MAREE: Yes.

MR P DU PLESSIS: And that is the reason why the file was taken from you?

LEON A MAREE: Well, I assume so, yes.

MR P DU PLESSIS: What - this whole matter round le Grange, what led to it?

LEON A MAREE: Well, there was certain communication between the Attorney-General's office and certain members at Brixton and also at Head Office, they were asked to transfer certain people and I was amongst them.

MR P DU PLESSIS: Where were you transferred to?

LEON A MAREE: I was transferred to the Durban Murder and Robbery Unit.

MR P DU PLESSIS: So once again, it was a Murder and Robbery branch.  Was this seen as a reflection on your capacity and your impartiality?

LEON A MAREE: Yes.  I believed it was not because I did anything wrong in the investigation.

MR P DU PLESSIS: Did you then indeed accept that transfer to Durban?

LEON A MAREE: Yes, initially I did when I was called to Pretoria, but in the interim stage I was then approached by Col Burger.

MR P DU PLESSIS: Well, this now includes the recruitment for the CCB.  If you can just continue and tell us what happened then.

LEON A MAREE: Col Burger then approached me and asked me if I was interested in joining the Special Forces, Special Forces asked him to do certain recruitments.

MR P DU PLESSIS: Special Forces of whom?

LEON A MAREE: The South African Defence Force.

MR P DU PLESSIS: It was then known as the "recce"?

LEON A MAREE: That is correct.  At that stage I was interested in looking at, or to accept the recruitment, I then attended a meeting where Sterk addressed us.

MR P DU PLESSIS: Were there other members who were then later recruited?  Who were they?

LEON A MAREE: Mr Joe Verster addressed us.

MR P DU PLESSIS: Was this meeting at a military compound?

LEON A MAREE: No, it was on the Ponti Building in Hillbrow.

MR P DU PLESSIS: Did you say who was present as well?

LEON A MAREE: It was Calla Botha, Staal Burger and Mr van Zyl.

MR P DU PLESSIS: Did you then accept the appointment?