DANIEL JOHANNES NIEUWENHUIS: (sworn states)
EXAMINATION BY MR VISSER: This witness did not make an affidavit Chairperson.
CHAIRPERSON: I made a note of that when I was going through bundle 11 and I couldn't locate anything, any application by this applicant.
MR VISSER: Oh, bundle 11 there isn't ...[intervention]
MR LAX: Sorry, there is an application, page 74 but no affidavit, you're quite correct.
CHAIRPERSON: Yes.
MR VISSER: But no affidavit in the previous hearing in the Cronje hearings before the original Amnesty Committee as well I tried to say but his present application is before you in bundle 11 at page 74 to 80.
ADV DE JAGER: And you've also got the affidavit Exhibit J?
CHAIRPERSON: Yes.
MR VISSER: That is the affidavit which we now hand in as his evidence Madame Chairperson and I wish to refer him to it directly if I may?
ADV DE JAGER: Can he confirm everything in Exhibit K?
MR VISSER: Well I'm going to ask him that now.
CHAIRPERSON: Yes. I think what I meant, my note now reflects that there was no actual detail with regard to the incident itself.
MR VISSER: Yes indeed. Yes that is correct, yes.
CHAIRPERSON: Yes.
MR VISSER: Mr Nieuwenhuis, you made an affidavit which was compiled for you with regard to consultations which was held with you regarding aspects that your attention has been fixed upon and this is contained within Exhibit J, is that correct?
MR NIEUWENHUIS: That is correct.
MR VISSER: Do you confirm that according to the best of your knowledge the content of this exhibit is true and correct?
MR NIEUWENHUIS: That is correct.
MR VISSER: If we could move to page 20 paragraph 72 where you deal with the Silent Valley incident, could you say if you refer more pertinently to page 21, paragraph 73. This person, Andries Moatshe, on the date that this incident took place did you have any knowledge of him?
MR NIEUWENHUIS: No I didn't, I didn't know about him.
MR VISSER: Were you aware that he was an informer of the security branch in the Western Transvaal?
MR NIEUWENHUIS: I was not aware of anything like that.
MR VISSER: You were not informed about much on that day if I understand you correctly Mr Nieuwenhuis?
MR NIEUWENHUIS: That is correct.
MR VISSER: How long were you connected to the security branch on the 4th May when this incident took place?
MR NIEUWENHUIS: In 1977 I began my service at the security branch in Zeerust.
MR VISSER: Just a moment please?
If we might just continue then, you have referred in your affidavit to the compilation of Du Preez Smit's application, what was said to you that day before the incident regarding what was to take place or what was about to happen? That's paragraph 73.
MR NIEUWENHUIS: I was told to go to a certain point where I was to assist in arresting ANC infiltrators.
MR VISSER: You then went to this point?
MR NIEUWENHUIS: That is correct.
MR VISSER: Did anybody accompany you?
MR NIEUWENHUIS: I can't remember precisely whether I went alone in my vehicle or whether I went with others.
MR VISSER: Before you received the order what were you busy with?
MR NIEUWENHUIS: I was busy with field work in the vicinity and there was information that PAC members would enter the country and we were busy with that investigation.
MR VISSER: And who worked with you on that investigation?
Was it Marais and other members?
MR NIEUWENHUIS: Yes that is correct.
MR VISSER: In paragraph 76 you have referred to the people that you recall being there, is that correct?
MR NIEUWENHUIS: Yes that is correct.
MR VISSER: And in 77 you recall that you were informed that armed MK members would enter the country in a red Toyota bakkie, you were told to go to the point at the Mariko bend and you said that at Silent Valley approximately 20 kilometres from the border you assumed your positions at a junction and you were told to divide into two groups on either sides of the gate and to wait for these MK insurgents?
MR NIEUWENHUIS: That is correct.
MR VISSER: What exactly did the operation involve as you have explained in paragraph 79?
MR NIEUWENHUIS: The operation involved that we were to arrest these people and my specific instruction in this regard was along with two of my colleagues, Marais and Van Zyl, respectively that Marais had to run in the direction of the left hand side of the bakkies and that I was to be on the right hand side of the bakkie and that Van Zyl was to jump on the back of the bakkie and in so doing we were to arrest these people.
MR VISSER: What about the windows?
MR NIEUWENHUIS: That is correct, the instruction in this relation was that the windows of the vehicle were to be hit out with the guns and that the passengers were to be detained.
ADV DE JAGER: When you say hit out, could you just be a bit more specific? Could you just say whether or not you were supposed to hit the left window out?
MR NIEUWENHUIS: I was supposed to hit the right hand window of the vehicle out.
MR VISSER: You say in paragraph 80 that Steyn and Truter then departed in '81 you say there were a few practice runs. What became clear after that?
MR NIEUWENHUIS: What I saw while we were practising was that it was going to be very problematic as a result of the fact that it was at night and that if I was to fail to smash the window upon my first attempt I would not be able to see into the vehicle and if I opened the door of the vehicle I would not be able to see what the people inside were doing.
MR VISSER: And was this a problem for you?
MR NIEUWENHUIS: Yes.
MR VISSER: What was the problem?
MR NIEUWENHUIS: That we would be injured if these people were to open fire on us and further consequence would have been that they would be some of my own people on either side of the vehicle who could injured or killed.
MR VISSER: Did you express this opinion to anybody else who was present there?
MR NIEUWENHUIS: That is correct.
MR VISSER: Did you tell them that you were not satisfied with the situation?
MR NIEUWENHUIS: That is correct.
MR VISSER: There was then a discussion as we have heard from Brigadier Loots and from Colonel Crause and the instruction was then given by Loots that shots would be fired, that the people had to move over to the western side of the road and that as soon as the vehicle stopped you would open fire immediately on the passengers. There was a generator and you took your positions alongside the road. Do you agree with the description of the shelter that was available there as given by Du Preez Smit?
MR NIEUWENHUIS: Yes that is correct.
MR VISSER: The vehicle arrived at approximately 9 o'clock that night, the generator was switched on and you opened fire on the vehicle?
MR NIEUWENHUIS: That is correct.
MR VISSER: Did you fire?
MR NIEUWENHUIS: Yes I did.
MR VISSER: Do you know how many shots you fired?
MR NIEUWENHUIS: I cannot give the exact number but I did fire quite a few shots.
MR VISSER: Which may have hit the passengers?
MR NIEUWENHUIS: Yes that is correct.
MR VISSER: We know that there were three passengers in the bakkie, did you investigate or I beg your pardon, did you have any knowledge that weapons would be planted on them?
MR NIEUWENHUIS: I have no knowledge of that?
MR VISSER: Did you plant any weapons on these persons?
MR NIEUWENHUIS: No I didn't.
MR VISSER: Did you look into the vehicle?
MR NIEUWENHUIS: I did.
MR VISSER: What did you see regarding weapons?
MR NIEUWENHUIS: I saw a pistol in the vehicle.
MR VISSER: Where was this pistol?
MR NIEUWENHUIS: I cannot say with certainty. I also saw hand grenades within the vehicle.
MR VISSER: After the scene had been cleared what happened to the bodies of the deceased?
MR NIEUWENHUIS: Personally, I assisted in loading the bodies onto the back of the police bakkie in which they were transported away.
MR VISSER: You heard about the post-mortem inquest but you yourself have no knowledge thereof?
MR NIEUWENHUIS: That is correct.
MR VISSER: And you agree that these persons were later identified as the people mentioned in '89, MK Karl Marx and Kruschev and that there was one other person who was a Botswana citizen and his name was Andries Moatshe?
MR NIEUWENHUIS: That is correct.
MR VISSER: That concludes the evidence in chief, thank you Chairperson.
CHAIRPERSON: Thank you Mr Visser.
NO FURTHER QUESTIONS BY MR VISSER
CHAIRPERSON: Mr du Plessis do you have any questions to put?
MR DU PLESSIS: I have no questions.
CHAIRPERSON: Thank you. Ms Lockhat we come to you?
CROSS-EXAMINATION BY MS LOCKHAT: Mr Smit, can you tell me who informed you that you should be part of this operation?
CHAIRPERSON: It's Mr Nieuwenhuis.
MS LOCKAT: Thank you Chairperson, Mr Nieuwenhuis?
MR NIEUWENHUIS: Could you repeat your question please?
MS LOCKAT: Who informed you that you were to be part of this operation?
MR NIEUWENHUIS: I cannot recall.
MS LOCKAT: Who were you with, were you with people at the time?
MR NIEUWENHUIS: That is correct, I was with Mr Marais and others in the environment.
MS LOCKAT: Can you remember who the others were?
MR NIEUWENHUIS: No precisely.
MS LOCKAT: So you were informed that you were to be part of an arrest, that you were going to arrest people, is that correct?
MR NIEUWENHUIS: That is correct.
MS LOCKAT: Weren't you surprised when they informed you that in fact you were no longer going to arrest people but you were actually going to eliminate people? How did you ...[intervention]
MR VISSER: Well that's a totally unfair question in the light of the evidence of this witness, with great respect. He says that he complained about it.
CHAIRPERSON: Yes, he personally registered his objection.
MR VISSER: Yes.
MS LOCKAT: I'll withdraw that question Chairperson.
CHAIRPERSON: It's also quite evident in his affidavit.
MS LOCKAT: Tell me, the persons that were with you were also informed that they would only be part of this arrest, did they have any weapons to plant on these persons?
MR NIEUWENHUIS: I have no knowledge of any weapons which may have been planted on any persons whatsoever.
MS LOCKAT: Thank you Chairperson, no further questions.
NO FURTHER QUESTIONS BY MS LOCKHAT
MR LAX: Just one question Chairperson. Did you assist with the removal of the bodies from the vehicle?
MR NIEUWENHUIS: I can recall that I loaded one or more of the persons physically onto the police vehicle.
MR LAX: The question was did you remove them from the vehicle in which they had been shot?
MR NIEUWENHUIS: No I didn't.
MR LAX: Thank you Chairperson, no questions then.
CHAIRPERSON: Mr De Jager?
ADV DE JAGER: No questions.
CHAIRPERSON: Mr Nieuwenhuis, you have evidenced that you personally registered your objection to the plan because of the dangers it presented to you. Did it ever occur to you to suggest that the whole plan should be abandoned?
MR NIEUWENHUIS: No Chairperson.
CHAIRPERSON: Had it occurred to you, would it have made any difference who were in command?
MR NIEUWENHUIS: I wouldn't say that.
CHAIRPERSON: You were a junior officer in any event is that not so?
MR NIEUWENHUIS: That is correct.
CHAIRPERSON: You were a junior officer to Captain Loots?
MR NIEUWENHUIS: Yes by far, that was correct.
CHAIRPERSON: You objected in your capacity as a person who was going to be used in the operation and whose life would have been in danger.
MR NIEUWENHUIS: Indeed it was so, I wouldn't say I was afraid but my life would have been endangered.
CHAIRPERSON: And that in your opinion was not intended to suggest that you did not want to obey the instructions given by General Steyn?
MR NIEUWENHUIS: That is correct.
CHAIRPERSON: Mr Visser, do you have any re-examination flowing from what I've said?
MR VISSER: I have no re-examination, thank you Chairperson. May this witness be excused as well?
CHAIRPERSON: You may be excused Mr Nieuwenhuis.
MR NIEUWENHUIS: Thank you.
WITNESS EXCUSED
