Amnesty Hearings — Pietermaritzburg — UNKNOWN

MR DU TOIT: I do not intend leading you through the paragraphs dealing with the Trust Feed incident in detail, because the judgment is there, and you have set it out from 1 to 2, paragraph 1 to 2, but what I think I must ask you is did you receive instructions to place the special constables at Gabela's house?

WITNESS:   Yes, I did.

MR DU TOIT: From?

WITNESS:   Captain Terblanche.

MR DU TOIT: And what were they going to do in Trust Feed?

WITNESS:  	/They were

MR DU TOIT: They were going to render assistance to Inkatha on the evening of that attack.

MR DU TOIT: As what did you see them?

WITNESS:   I saw them as an assistance or third force.

MR DU TOIT: And how did you see the strategy that you knew of in relation to what was done by the specials that evening with the assistance of the Inkatha Youth Brigade in Trust Feed?

WITNESS:   I saw it falling within this strategy document and the relevant documents that we've referred to.

MR DU TOIT: Now, is it correct that Major Terblanche instructed you to bring the Youth Brigade leader, as well as the Inkatha leaders through to Morawa House in Pietermaritzburg?

WITNESS:   Yes, he did.

MR DU TOIT: To do what?

WITNESS:   They were to be addressed by Mr David Ntombela, the warlord for Inkatha.

MR DU TOIT: And when you returned what was to happen?  Without reference to a paragraph now.  I am just leading you briefly.  When you returned to Trust Feed after your visit to 'Maritzburg what was to happen?  The specials would come to Trust Feed, the special constables?

WITNESS:   That is correct.

MR DU TOIT: And?

WITNESS:   The attack would be launched that night against the UDF activists and the UDF elements within the area.

MR DU TOIT: Who would take part in the attack?  What was the agreement?

WITNESS:   The Inkatha Youth Brigade, or the supporters of Inkatha, Inkatha members, with the assistance of those special constables.

MR DU TOIT: The records show that the attack took place.  Houses

MR DU TOIT: were burned down and so forth.

WITNESS:   Yes, it was carried 	/out.

MR DU TOIT: out.

MR DU TOIT: And the Riot Unit, did they visit Trust Feed before the - the official Riot Unit now.  Did the official Riot Unit visit Trust Feed on the morning, the Friday morning of the 2nd of December of 1988?

WITNESS:   Yes, they did.

MR DU TOIT: To do what?

WITNESS:   Their purpose was to clean up the area of weapons and to make the resistance less against the offensive that was going to take place that evening.

MR DU TOIT: When you later that evening visited the area you found several structures burning.

WITNESS:   Yes, I did.

MR DU TOIT: Is it correct that you gave an instruction that the house of Mr Mbongwe was to be burned down?

WITNESS:   Yes, I did.

MR DU TOIT: To whom did you give the instructions?

WITNESS:   I gave that instruction to the special sergeant.

MR DU TOIT: Can I draw your attention to paragraph 136 on page 31 of the affidavit?  Accused No 1 in your trial was Captain van den Heever, is that correct?

WITNESS:   Yes, that is correct.

MR DU TOIT: Did you, on the day prior to the sweeping operation by the official Riot Unit visit the area with Captain van den Heever?

WITNESS:   Yes, I did.

MR DU TOIT: Would you please deal with paragraph 136.

WITNESS:   Yes.  During the operation Captain van den Heever said to me that should the special constables work in the area I must assist them by picking up any shotgun doppies that may have been left behind at the scene.

MR DU TOIT: The cartridges, spent cartridges.

WITNESS:   The spent cartridges.

MR DU TOIT: Yes, and did he tell you anything else?

WITNESS:   He

MR DU TOIT: /said that

MR DU TOIT: said that it also had happened - similar things had happened at Hammarsdale, and that at one incident they'd planted false exhibits in terms of cartridges, false cartridges and things like that.

MR DU TOIT: What is the same thing that he was referring to?

WITNESS:   That there was attacks taking - attacks took place by the special constables.

MR DU TOIT: Other similar incidents.

WITNESS:   Similar incidents, that's correct.

MR DU TOIT: Now, I want to deal with the morning after the attack.  Did you go to the area?

WITNESS:   Yes, I did.

MR DU TOIT: Who arrived at the scene?

WITNESS:   Captain Terblanche and Lieutenant van den Heever.

MR DU TOIT: Did you inform the Captain of what happened?

WITNESS:  Yes, I did.

MR DU TOIT: Who else arrived on the scene, referring to paragraph 151?  151 on page 33.  Who also visited the scene that morning afterwards?  151, paragraph 151.

WITNESS:  Paragraph 151?

MR DU TOIT: Yes.  Who came to the police station at New Hanover?

WITNESS:   Oh, after that incident, yes.

MR DU TOIT: Yes, after the incident.

WITNESS:   I was visited by Brigadier Marks and a Brigadier van der Westhuizen from Pretoria head office, and a Captain van Zyl, who was a divisional CID officer.  They questioned me about the incident, and initially threatened to lock me up.  I explained to them what had happened.  Obviously this questioning had originated from the allegations made by Mr van Wyk and Mr Bertin.

MR DU TOIT: And then?

WITNESS:   They then left, they went out of my office and consulted privately, and then Captain

MR DU TOIT: /van Zyl

MR DU TOIT: van Zyl returned to me and said to me that I must not worry about it.

MR DU TOIT: What did you infer from that remark?

WITNESS:   Well, I drew the conclusion that they would then - they understood that there was a mistake made and that they would cover up for it.

MR DU TOIT: And was it?

WITNESS:   Yes, it was.

MR DU TOIT: Now, going back to paragraph 150, did you have a meeting with Captain van den Heever near the Albert Falls Dam some time after the attack?

WITNESS:   Yes, I did.

MR DU TOIT: Just briefly what transpired during the conversation?

WITNESS:   He said to me that I mustn't worry about this incident, that there were other units operating in Pietermaritzburg, but he didn't give me the details of that.  He said to me that if anything should happen to him, or if there was pressure put on him, that he would mention that Minister Vlok - mention what Minister Vlok had told him at a meeting, and which had far-reaching implications.

MR DU TOIT: And what else did he say, the last sentence there?

WITNESS:   Yes, he said he would use this information if pressure was put on him regarding this Trust Feed case.

MR DU TOIT: Now, it is common cause that Mr Justice Wilson found you guilty, and that after the lengthy judgment he made certain general remarks, is that correct?

WITNESS:   Yes, he did.

MR DU TOIT: Can I ask you to go to paragraph 156?

BERNARD MAKGABO NGOEPE: I am sorry, can I just interrupt you there.  I am sorry about that.  Back to 150.  That last paragraph, that last sentence.

MR DU TOIT: Yes.
/MR NGOEPE

BERNARD MAKGABO NGOEPE: I can see clearly that the word there is information, but when I read it I was under the impression that the context would suggest that - would suggest influence.  Am I wrong in that thinking?  Looking at the last sentence of paragraph ... (intervention)

MR DU TOIT: No, I think - I am sorry, I have actually asked my learned junior to just make reference to three paragraphs.  I wanted to come back, but I can deal with it now.  Mr Mitchell, just before we come to the judgment could we go to - just after you realised that the incident would be covered up, as you said it was, did you - you were then sent onto a border trip to Maseru Bridge, is that correct?

WITNESS:   Yes, I was.

MR DU TOIT: And it was then that you heard that Major Terblanche was murdered by a special constable.

WITNESS:   Yes, I did.

MR DU TOIT: Or killed, and that the special constable was then shot by members of Murder and Robbery Squad, is that correct?

WITNESS:   Yes, that is correct.

MR DU TOIT: Did you discuss this incident with anybody?