Amnesty Hearings — Durban — 1999-08-12

LAWRENCE G WASSERMAN: Yes, Mr Chairman, in doing what I did, I was executing my duties as a policeman, the way I saw it, as my obligation during the time of the conflict and the political violence.  We were conditioned by speeches of politicians and directions by senior officers to do everything in our power to confront the revolutionary onslaught at all costs.  There were times when in terms of the prevailing legislation of the time, it wasn't possible to solve all problems that came one's way and this present case is an example of such an instance.
	In view of the above, I was of the bona fide belief that what I did was in the present instance in order to combat or derail the revolutionary onslaught and to protect the government and it's National Party from political embarrassment.  It fell within my express and implied authority.  
	Mr Chairman I did not participate in these events for any personal gain, or driven by any personal spite or malice and I received no reward.

MR VISSER: Referring then to page 41, Mr Chairman, at the bottom of the page, again on the basis that he associated himself with the reality, which his inference was, that Mr Tekere had been abducted.  He then applies for amnesty for his part of that abduction, albeit after the event, his part in the unlawful detention or the deprivation of liberty, the murder of Mr Tekere, the unlawful possession of an unlicensed firearm and ammunition and any lesser offence and/or delict supported by the facts, Mr Chairman.

ADV BOSMAN: For the record it's 45, Mr Visser, not 41.

MR VISSER: I'm sorry?

ADV BOSMAN: I said just for the record, the reference is to page 45, not 41.

MR VISSER: Sorry, did I give the wrong page reference?

CHAIRPERSON: Yes.  Anyway.

MR VISSER: I do beg your pardon, Mr Chairman.  It is 45, yes.  Did I say something different?  I'm sorry Chairperson.
	Yes, Mr Chairman, we did not present you with evidence, this is not part of the evidence from this witness, I just want to point this out.  We did not present you with evidence about Special Ops itself, but suffice to say, for purposes of the present hearing, Special Ops because a special operations as the name would indicate, which was launched by Pres Oliver Tambo himself through Mr Joe Slovo and the operative in charge was a gentlemen by the name of Aboobaker Ismail, whose MK name was Rashid and he applied for amnesty, Mr Chairman, before the Amnesty Committee, as you might be aware, and he assumed responsibility for the incidents which were mentioned in the evidence of Mr Wasserman.  When Mr Wasserman said he was informed, he was in fact informed by us because we just wanted to place that information before you.  
	We would submit with respect that it's not necessary for you to concern yourself more than that with the whole issue and the concept and the activities of the Special Ops.  In the statement to the Truth and Reconciliation Commission by the ANC, the one of August 1996, so it's the August 1996 ANC statement at page 49, at the foot of that page on the right-hand side, Mr Chairman, there is a reference and it's a very brief reference to Special Ops, about what they were about and then in different other places when the structures were set out, particularly in Mozambique, you will find references to Special Ops and that would be after the TRC had asked for further elucidation and the ANC supplied their further submissions, 12th May 1997  and that you will find for example, Mr Chairman, at page 53 and also at other places, but that's just to place it in perspective.
	I have no further questions to this witness, Mr Chairman.  If you need any further information about Special Ops for whatever reason, we can give you a lot of information about them, Mr Chairman.
NO FURTHER QUESTIONS BY MR VISSER

CHAIRPERSON: Well some of it has already been included in some of the papers I have been reading, some of the documents.

MR VISSER: It might well be, yes Mr Chairman.

CHAIRPERSON: Yes.  Very well.  Mr Nel, have you any questions to put to this witness?

MR NEL: I have no questions, thank you Mr Chairman.
NO CROSS-EXAMINATION BY MR NEL

CHAIRPERSON: Any questions that you wish to put to him?

MS THABETHE: Yes, Mr Chair, thank you.

MS THABETHE: Mr Wasserman, you've indicated that it's askaris that arrested Mr Tekere.  I want to find out the background.  Were askaris authorised to do such arrests?

LAWRENCE G WASSERMAN: Yes, yes Mr Chairman, it would have fallen within their role of duty.

MS THABETHE: Was Mr Tekere assaulted at any stage before he was killed?

LAWRENCE G WASSERMAN: Mr Chairman, I wasn't part of the arrest.  I knew nothing.  The first time I saw him was on the farm that evening.

MS THABETHE: No, I mean on the farm, before he was killed?

LAWRENCE G WASSERMAN: No, no Mr Chairman, he wasn't assaulted at all.

CHAIRPERSON: In other words, you saw no signs of assault, is that what you are saying?

LAWRENCE G WASSERMAN: No signs of assault at all.

MS THABETHE: Besides having shot at him, is there anything else that you did to him?

LAWRENCE G WASSERMAN: No, there was nothing.

MS THABETHE: Do you know why they chose you specifically to conduct the shooting?

LAWRENCE G WASSERMAN: There is no specific reason that comes to mind why I was specifically chosen.

CHAIRPERSON: When did you know that you were going to be required to do that?

LAWRENCE G WASSERMAN: Mr Chairman, shortly after Mr Taylor had outlined the fact that he was to be eliminated, he informed me, took me aside and handed me the firearm, that's when I knew.

MS THABETHE: Can I proceed Mr Chair?

CHAIRPERSON: Yes, please do.

MS THABETHE: Thank you.  On going back to the issue of askaris, do you know who the askaris were who actually conducted the arrest?

LAWRENCE G WASSERMAN: No.

MS THABETHE: Thank you, Mr Chair, no further questions.
NO FURTHER QUESTIONS BY MS THABETHE

CHAIRPERSON: You've said in response to a question put by the Leader of Evidence whether the askaris were authorised to make arrests, by whom were askaris authorised to make arrests?

LAWRENCE G WASSERMAN: Mr Chairman, Col Taylor would have authorised that.

CHAIRPERSON: Are you personally aware and were you present at any time, not only in this case but in any other matter, where askaris were given such authority by Taylor?

LAWRENCE G WASSERMAN: Mr Chairman, I know of other occasions where askaris arrested people or perhaps the more correct way would be a snatch of persons, I'm not sure about the legalities thereof, but I do know that they did arrest other MK persons that they did come across during the conflict period.

CHAIRPERSON: Yes.  The question is, who would they be authorised by?

LAWRENCE G WASSERMAN: It would have been under the direct command of Col Taylor.

CHAIRPERSON: Yes.  Any questions, Ilan?

MR LAX: Do you know how long before that day Mr Tekere had actually been arrested, abducted or call it what you will?

LAWRENCE G WASSERMAN: Mr Chairman, no I don't, possibly a day in advance, it wasn't a long time.  It wasn't a long period, of that I'm certain, but if it was the day before or during the course of the day of the evening that I was called to the farm, I am unable to state specifically.

MR LAX: But it wouldn't have been weeks before that?

LAWRENCE G WASSERMAN: Definitely not.

MR LAX: And where would these askaris have been stationed or based or whatever?

LAWRENCE G WASSERMAN: If it was under Col Taylor's command, it would have been the Natal based unit and they were based at Camperdown.

MR LAX: That's the farm that was hired at Camperdown?

LAWRENCE G WASSERMAN: Yes, correct, Mr Chairman.

MR LAX: Thank you, Chairperson.

ADV BOSMAN: Thank you, Chairperson.  Mr Wasserman, when did you establish that Tekere was a member of this elite Special Operations unit?

LAWRENCE G WASSERMAN: I asked Mr Taylor a little of his background and he informed me himself.