Amnesty Hearings — Durban — 1999-07-26

FREDERIK JOHANNES PIENAAR: A vehicle approached from the Swazi direction in our direction, the lights were dimmed, the left indicator light was switched on and the vehicle came to a standstill virtually at the place where we were.
	Immediately we jumped out and ran past the side of the vehicle into the bushes.  Major Hayes handled the searchlight, which he aimed at the vehicle.  The vehicle's windows were completely misted.  At no stage could I determine who was in the vehicle.  
	Col de Kock opened fire and all of us fired at the vehicle.  I myself handled an R1 gun and I think if I recall correctly, I fired between five to seven shots, all of them at the left side of the vehicle, the front and the back left door.
	A man collapsed against the back door of the vehicle.  We approached the vehicle and ceased fire.  In the vehicle, in the front next to the driver was a woman, the man behind on the left was an Indian man, then there were two more women and one on the right-hand side of the vehicle, who lay out of the vehicle. I heard Mr de Kock telling Mr Ras to shoot the woman, upon which she was indeed shot one more time.  
	After that I opened and searched the boot of the vehicle as well as the bags inside the vehicle, there were no weapons in the bags.  I also searched the persons briefly and also there did I not find any weapons.  We discussed this, Col de Kock and I.  He asked me whether I had any weapons at my office.  I did not have any weapons.  
	He then told someone to contact Col Roelf Venter to obtain the necessary weapons and to bring them to the scene, upon which Mr Ras called Col de Kock to one side and told him that he had a pistol and handgrenades in his possession, at the scene.  Mr Ras placed the pistol next to the man.  He placed the man's hand around the pistol and fired two shots, so that shells would be found on the scene.  
	He gave me two handgrenades, which I placed in the carry bags which belonged to the two women seated in the back of the vehicle.  This was done in order to create the impression that these persons had been armed and to prevent that any incident be created for the police and the State at that stage.
	I began to investigate the matter myself ...(intervention)

MR PRINSLOO: Just before you continue, Mr Pienaar, after this scene was created as you have just given evidence, was a service officer called out?

FREDERIK JOHANNES PIENAAR: Yes, there was a service officer.

MR PRINSLOO: And who was he, can you recall?

FREDERIK JOHANNES PIENAAR: I cannot recall who was there on that night, it may have been a Combrink or another person, but I am not certain.

MR PRINSLOO: And after this scene was visited by the service officer, the bodies of the deceased were removed and taken to the State Mortuary?

FREDERIK JOHANNES PIENAAR: Yes.

MR PRINSLOO: And were these persons admitted to the mortuary?

FREDERIK JOHANNES PIENAAR: Yes.

MR PRINSLOO: Was the identity of the deceased known at that stage?

FREDERIK JOHANNES PIENAAR: At that stage, not yet.

MR PRINSLOO: So you have had nameless or anonymous persons in the mortuary?

FREDERIK JOHANNES PIENAAR: Yes.

MR PRINSLOO: And did you at that stage want the information surrounding this incident to be made known or not?

FREDERIK JOHANNES PIENAAR: No.

MR PRINSLOO: Why not?

FREDERIK JOHANNES PIENAAR: Because the informer had notified us that there were approximately 36 persons standing by to infiltrate.  We did not want to make it known that these persons had been killed because that would have broken the entire chain.

MR PRINSLOO: Could you determine within yourself whether any of those persons who had been shot there were known to you?

FREDERIK JOHANNES PIENAAR: Chairperson, one of the women was recognisable from some period before that, I don't know how long before that, but it was quite some time, I arrested five persons near the Swaziland border, they were underway to leave the country and this woman, June Rose Kotoza was one of the persons who was arrested after I had brought her back to Durban and handed her over to the Security Branch here and they took back home.

MR PRINSLOO: Continue.

FREDERIK JOHANNES PIENAAR: I didn't see her again or hear from her again before this evening of the incident.

MR PRINSLOO: You say that you yourself began to investigate the matter.

FREDERIK JOHANNES PIENAAR: Yes.

MR PRINSLOO: With the objective of a post-mortem inquest?

FREDERIK JOHANNES PIENAAR: Yes.

MR MALAN: I beg your pardon, when did you find out that this was the particular person, June Rose Kotoza?

FREDERIK JOHANNES PIENAAR: I recognised her due to her facial features, it was something that stayed in my mind.  I thought about it and then I realised that I had arrested her when she was on her way out of the country.
	After that I took everyone's fingerprints and sent them to Durban for positive identification of all the persons.

MR MALAN: But you identified her by name before the fingerprints were sent away?

FREDERIK JOHANNES PIENAAR: Yes.

MR MALAN: Did you have much to do with her upon her first arrest?

FREDERIK JOHANNES PIENAAR: Yes, I had interrogated her during her arrest, regarding who had accommodated her.  It must have taken about two days worth of interrogation, after which she was brought back to Durban.

CHAIRPERSON: Sorry, just one question before you proceed, Mr Prinsloo.
	You said that you then started investigating the matter.  Did the Security Branch usually become involved in investigation of matters after the event had occurred?  Such as this.

FREDERIK JOHANNES PIENAAR: Chairperson, the Security Branch did investigate matters with regard to terrorism.  I did investigate this case.  Nobody stopped me from investigating it and I continued with it.

MR PRINSLOO: Were any guidelines put forward to you as to what would be necessary of you if an inquest would follow?

FREDERIK JOHANNES PIENAAR: Chairperson, there were letters where terrorists were killed in conflict with the police, which was only necessary to get the commander of that operation, to obtain his statement and to hand it in, which I in any case did not do, I tried to investigate it as thoroughly as possible.

MR PRINSLOO: Mr Pienaar, were reports sent to the regional office as well as the Security Head Office, with regard to this instance?

FREDERIK JOHANNES PIENAAR: Yes, Chairperson, there were ...(intervention)

MR MALAN: Excuse me, Mr Prinsloo.  Mr Pienaar, I don't understand your question, that you investigated the matter as thoroughly as possible, because you did have all the information.

FREDERIK JOHANNES PIENAAR: I did have the information, Chairperson.  What I meant with that was that the necessary statements were obtained, not only the statement from the officer who was in command there.

MR MALAN: So you tried to cover it up as completely as possible, not investigate it?

FREDERIK JOHANNES PIENAAR: To an extent yes, Chairperson.

MR PRINSLOO: Mr Pienaar, could you also determine by means of fingerprints and information from Security Branch Durban, who these persons were and what their positions were?

FREDERIK JOHANNES PIENAAR: Yes, I did determine, Chairperson.

MR PRINSLOO: The person Mr Naidoo, could you determine what his position was according to the information?

FREDERIK JOHANNES PIENAAR: He was sought by Durban because of an attack on Minister Rasjbansi's house and the attack took place by means of handgrenades on the house.

MR PRINSLOO: And the three other persons?

FREDERIK JOHANNES PIENAAR: They were all trained persons.  The one woman who was in front of the vehicle, I think the surname was Nyoka, was also known in Swaziland as a person who regularly infiltrated MK members and assisted to get into the RSA.

MR PRINSLOO: And then Mr Pienaar, on page 115 of your application you mention two women's names, June Rose Kotoza and Zendiwe Mthembu, you don't have the name of Nyoka there.