MS VAN DER WALT: Then I will call Mr Rorich because Mr Jansen’s client is not here yet. I would just like to find out from the Committee if you have received the Annexure A to the bundles otherwise we cannot continue.
MS VAN DER WALT: It was under a covering letter. I see you have it.
CHAIRPERSON: Mr Rorich would you just switch on.
CHRISTIAAN SIEBERT RORICH: (sworn states)
EXAMINATION BY MS VAN DER WALT: Mr Rorich your application is contained in an annexure to the bundle which serves before the Honourable Committee and your written application is from A1 to A3 which you had completed in your own handwriting and in this application you mention Annexure A where you describe the happenings and Annexure B deals with questions A and B as they appear in the application form.
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: And with regard to this application, your application in Annexure A on A8 and A9.
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: And do you confirm the content of that part of your application?
MR RORICH: I do so Chairperson.
MS VAN DER WALT: And the political motivation as it appears in Annexure B. Do you confirm the content of Annexure B?
MS VAN DER WALT: And in Annexure B in the last paragraph you mention, let me just find the correct page, it is A19 Chairperson, that the Commissioner General J van der Merwe, that his submission also be taken into consideration and you have also had regard for Exhibit A before the Committee. Do you agree that this is also relevant to you? And this is also contained briefly in Annexure B. Is that correct?
MS VAN DER WALT: During this incident as it appears on A8, what was your rank?
MR RORICH: At that stage I was a Warrant Officer.
MS VAN DER WALT: And you were stationed where?
MR RORICH: At the security branch, Ermelo.
MS VAN DER WALT: And you are no longer a member of the police force?
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: What was your rank when you resigned?
MR RORICH: I was a Lieutenant Colonel.
MS VAN DER WALT: And when did you resign?
MS VAN DER WALT: In paragraph 1 under the heading ‘Explosion at a mine at Krugersdorp’. You didn’t know the persons’ names and you didn’t have any particulars.
MR RORICH: That is correct, Chairperson.
MS VAN DER WALT: And in paragraph 1 you mention that yourself and Col Jan Carel Coetzee from Krugersdorp security branch, came to you on the instruction of Brig Schoon.
MS VAN DER WALT: And he asked you to execute a certain operation because you were an explosives expert.
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: How did you see this instruction? You mention that it came from Brig Schoon, how did you understand it?
MR RORICH: Chairperson, I understood that if it came from Brig Schoon, it came directly from higher authority in Pretoria at the security offices and it was an instruction which had to be executed.
MS VAN DER WALT: On which grounds did you work? Or let me put it this way, your immediate chief, did you inform him in Ermelo with regard to this operation?
MR RORICH: This was handled on a need to know basis and the fewer people who knew about it the better.
MS VAN DER WALT: Did you execute any other instructions which came from Head office?
MR RORICH: Yes, I did Chairperson.
MS VAN DER WALT: The information which was conveyed to you, what was it? You can refer to your application, if you have regard for paragraph 2 page A.
MR RORICH: Chairman, I would like to say that I just knew that I had to place an explosive device in an old pump house because people would come there for training.
MS VAN DER WALT: What type of people would it be? Was it just normal people?
MR RORICH: I accepted that it was activists who wanted to receive internal training.
MS VAN DER WALT: Was this told to you?
MR RORICH: By Capt Coetzee at that stage.
MS VAN DER WALT: And what did you do then?
MR RORICH: We arrived at the place and a pump house was pointed out to me. I went inside, I placed the explosives device, I connected them electronically, I went back to a hiding place where we waited until a vehicle arrived.
MS VAN DER WALT: Did you have to place it in such a manner that it would seem that these persons had blown themselves up?
MR RORICH: This was the instruction.
MR RORICH: From Capt Jannie Coetzee.
MS VAN DER WALT: Do you if certain explosive devices were given to these persons on that particular day?
MR RORICH: I just knew that, or it was only told to me that they were to receive instruction in the use of hand grenades and guns. I was not there when anything was handed over to them. I was not there when the plan was devised also.
MS VAN DER WALT: You then placed the explosives devices and what was your further instruction? When did you have to detonate the explosives device?
MR RORICH: Col Jan Coetzee told me that a person would go in with them when the vehicle had stopped and then the kombi would depart immediately and after the departure of the kombi one man would come out of the pump house and he would come directly to us and that was the sign that I had to wait until that man joined us and then we had to hide ourselves.
MS VAN DER WALT: You did not know this man?
MR RORICH: No, I did not. I still do not know him.
MS VAN DER WALT: Did you know any of the persons who went into the house?
MR RORICH: Not at all Chairperson.
MS VAN DER WALT: Did you know what their ages were?
MS VAN DER WALT: Did you see them?
MR RORICH: I saw people climbing out of the vehicle but I was far away from them and it was dark and I had no idea of what their ages were.
MS VAN DER WALT: And after these persons had arrived there where you and Mr Grobbelaar sat.
MR RORICH: I just turned the detonator and sent the electrical impulse and the explosion took place.
MS VAN DER WALT: Did you visit the scene thereafter?
MR RORICH: Not at all Chairperson, we immediately departed because that was the instruction and it was the idea that the people had blown themselves up.
MS VAN DER WALT: When you received this instruction and executed it, did you realise that this was indeed an offence?
MR RORICH: Yes Chairperson one can put it in such a manner that under normal circumstances it would be an offence but at that stage we were in a state of war and I saw it as an instruction which was given to me on behalf of the government and I had to execute it.
MS VAN DER WALT: Did you bona fide see it as part of your duties as a policeman?
MS VAN DER WALT: And what was the struggle then?
MR RORICH: It was the struggle in which we were embroiled with the ANC SACP Alliance who wanted to take over the country militarily.
MS VAN DER WALT: Did you receive any personal gain from this deed?
MR RORICH: Not at all Chairperson.
MS VAN DER WALT: Did you do out of malice towards these persons?
MS VAN DER WALT: Because you did not know them?
MS VAN DER WALT: You also request the Honourable Committee to grant you amnesty with regard to Murder and any other offence which emanates from your deeds.
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: And after the incident did you know that there was one person who had survived the explosion?
MR RORICH: No Chairperson. I only heard thereof when we drew up these documents.
MS VAN DER WALT: So you then request amnesty for murder, attempted murder and damage to property?
MR RORICH: That is correct Chairperson.
MS VAN DER WALT: No further questions, thank you Chairperson.
NO FURTHER QUESTIONS BY MS VAN DER WALT
MR VISSER: No questions Chairperson.
CHAIRPERSON: Thank you Mr Visser. Mr Jansen.
MR JANSEN: No questions Chairperson.
CROSS-EXAMINATION BY MR TSHABALALA: Thank you Chair. Who approached you about doing this task? Who approached you about doing the task which was designed for you?
MR RORICH: I did not hear the beginning of your question.
MR TSHABALALA: Who approached you about doing this task?
MR RORICH: It was Col Coetzee.
MR TSHABALALA: When he explained what he wanted to do, did you ever disagree with him?
MR RORICH: I did not argue with him because if it was an instruction from Head office I had to execute the instruction. If I was the person who was chosen to help, I had to perform my duty and that was it.
MR TSHABALALA: Was it for the first time that you had to perform such a duty?
MS VAN DER WALT: I don’t think that is relevant. It is clear from the Amnesty Application that the person already applied for amnesty for other incidents and I don’t think it is relevant.
CHAIRPERSON: Mr Tshabalala there are other pending applications by this applicant and it is the approach of the Committee not to allow pending matters to be canvassed before the time for them to be heard so I am going to unfortunately overrule you on that one.
MR TSHABALALA: Did you say you didn’t know the people who were involved in the Cosas Four?
MR RORICH: In my evidence in chief I did say so, yes Chairperson.
MR TSHABALALA: Didn’t you find out who were involved?
MR RORICH: It was not relevant for me.
MR TSHABALALA: You said in your evidence in chief that you were at the scene. Did you see the people, that is the Cosas Four going in to the house with Mfalapitsa?
MR RORICH: Chairperson, as I have said in my evidence in chief, it was dark but I did see people climbing out of the Kombi and going into the building. I only heard here that that was the Cosas Four.
MR TSHABALALA: Couldn’t you deduce that they were young children which were going into the house at the time?
MR RORICH: I cannot answer that.
MR TSHABALALA: What type of explosives were used?
MR RORICH: Chairperson I used one kilogram high military plastic explosive which is known as PE4.
MR : TSHABALALA: What is the radius of destruction?
MR RORICH: The core of such a device would be a minimum of 25 to 30 metres in radius, Chairperson.
MR TSHABALALA: In your expert knowledge would it be deadly, I mean they were dangerous, the explosives which you used?
MR TSHABALALA: Couldn’t you use any other less brutal means than the ones you used?
MR RORICH: Chairperson my instruction was that the persons had to be eliminated in the building so that it would seem that the explosion was caused by themselves.
MR TSHABALALA: Did the people who gave you the instructions describe the people you were going to eliminate?
MR RORICH: No they did not Chairperson.
MR TSHABALALA: You didn’t care to find out?
MR RORICH: Except for the fact that they were activists and this was mentioned to me.
MR TSHABALALA: When Mr Coetzee came to you, approached you and voiced this plan to execute the Cosas Four, did you find out whether there were any other possibilities to exploit other than using the explosives?
MR RORICH: Chairperson, that was not my instruction. I was not present at the planning of this operation. The only think where I was involved was to cause the explosion in an old pump house and that the people were not to survive.
MR TSHABALALA: Is it correct to take it that you were just receiving instructions and you carried them out?
MR TSHABALALA: No further questions Chair.
NO FURTHER QUESTIONS BY MR TSHABALALA
CHAIRPERSON: Thank you Mr Tshabalala. Ms Thabethe.
CROSS-EXAMINATION BY MS THABETHE: Thank you Chair.
Mr Rorich, when Mr Coetzee approached you exactly what did he say to you?
MR RORICH: Chairperson, exactly what I said in my evidence in chief, that I had to devise some explosive device in a pump house and eliminate these people and I had to concede and seeing that it was an instruction which came from higher up I had no problem with it.
MS THABETHE: Were you requested to plant this bomb because you were an expert on it or would you say because you were a policeman at that time?
MR RORICH: I was an expert in the South African Police at that time.
MS THABETHE: The explosives that you had used, where did you get them from?
MR RORICH: Chairperson it was available to us because it was necessary to have fresh explosives to destroy any weapons of terror and that is why, in terms of Act 26 of 1956, we were permitted by the Minister to have access to explosives to protect lives and properties.
MS THABETHE: My last question to you is, in you evidence you have stated that you did not know the victims, you did not know who those people were. What then would you say was your political objective for participating in this incident if you didn’t know who the victims were?
MR RORICH: Chairperson an activist and an instruction from Head office made clear and place me in a position where I must do the work or I was too scared to do it. I was not scared, I did my work.
MS THABETHE: I didn’t get the last part about being scared to do your work, can you repeat that one? The last part, I don’t know whether it’s the translation, about being scared of doing the work, can you repeat please.
MR RORICH: I see she is looking at the people there.
CHAIRPERSON: Please repeat the last part of your answer.
MR RORICH: Chairperson, I have to explain this to her very slowly. Captain Jan came to me with a certain request and that this was cleared with Head office. I could have refused because I was too scared to do the work, or I could agree and do the work and I agreed to do the work because I was not scared of it.
MS THABETHE: Even though you didn’t know who the victims were?
MR RORICH: Exactly, because this was as instruction from Head office.
MS THABETHE: Thank you, no further questions.
NO FURTHER QUESTIONS BY MS THABETHE
CHAIRPERSON: You could refuse to participate in this operation?
MR RORICH: I had felt that I had a duty towards my country and the people of my country at that stage and I could not refuse and that is why I agreed and I have already said I was not scared to carry out this order.
CHAIRPERSON: I do understand that, but I am trying to find out because you said that Capt Jan came with a request and you decided to execute this instruction because you were not scared.
CHAIRPERSON: That is why I asked you, could you tell Capt Jan that "I’m sorry, I will not participate in this operation."
MR RORICH: I could have taken such a decision but I did not.
CHAIRPERSON: He comes from Krugersdorp and you are in Ermelo?
But at that stage I was aware of the fact that he was the Commander of Vlakplaas and I was aware that this was the unit which resorted under Brig Schoon and everything with regard to terrorist insurgency was channeled from Head office to Brig Schoon and therefore I had no problem with the instruction and with the request which was directed at me. I saw it as an opportunity to put my own knowledge and productivity to use in the struggle in which we were involved at that stage.
CHAIRPERSON: But in your instance there’s no question of terrorists. You say that now you know that Mr Schoon was the person who dealt with terrorist insurgence but no mention was made of any terrorists here.
MR RORICH: With regard to these people I just knew that they were activists who would receive instruction this evening in the use of weapons and hand grenades and that training would be applied within the country to hurt other people. I did not have a problem with it.
CHAIRPERSON: Were there other explosive experts which the police had let’s say in Krugersdorp?
CHAIRPERSON: Are you and Mr Coetzee good friends?
MR RORICH: I knew him as a Captain. Yes, we have seen each other elsewhere and beforehand, but personal friends and visiting each other at home, no, I do not know his personal circumstances, I do not where he lived, we were colleagues. He was a senior officer as far as I was concerned and I had no problem executing orders from my seniors.
CHAIRPERSON: Do you have any indication why he chose you?
MR RORICH: No and I never asked him about it. I knew that I was in that privileged position that he placed his trust in me to perform my duties to the best of my ability.
CHAIRPERSON: Did he tell you not to tell your own Commander of this operation?
MR RORICH: Chairperson, as I have said in my evidence in chief, we worked on a need to know basis. There are things that your Commander needed to know and then there were things that your Commander did not need to know. If an instruction came from a higher authority, you executed it without asking any questions and afterwards I did not even ask questions.
CHAIRPERSON: Did Mr Coetzee tell you not to tell your Commanding Officer of the operation?
MR RORICH: No. If my Commanding Officer knew of this operation, he would have called me in himself. I considered it a very delicate operation because the instruction came from much higher up and Coetzee who was the Commander of C1 Unit at Vlakplaas, that he personally came to fetch me or came to see me at Ermelo and I regarded this as something which has to stay here and it has nothing to do with anybody else and this is how I dealt with it. Even after the explosion I did not even try to contact anybody or to find out what had happened except of course as Brig Schoon had said earlier in his evidence in chief, that it was practice at that stage that, on a weekly basis, us who are in the rural areas, but we did receive security overviews, and in my position I had access to those security overviews which gave the incidents which had happened right over the country and I accepted that it could have been that thing. That is all. Furthermore I never spoke a single word to anybody else with regard to this incident up till today.
CHAIRPERSON: And you deduced it from the circumstances and from the request.
MR RORICH: It was not necessary, we were all grown-ups.
CHAIRPERSON: And you had to deal with it confidentially?
MR RORICH: Yes we were all security police and if we received an instruction from our senior police officer I have to perform my duty or I leave it and I tell it to him straight, "Capt Jan I will go with you or I stay here." I did not refuse.
CHAIRPERSON: But would it happen that your own Commander did not fit into the picture?
MR RORICH: That was not the first time.
CHAIRPERSON: Are there any other questions?
ADV GCABASHE: Just on that point. This was not a general practice in the security branch that an individual could go and work with another unit without telling his or her Commander, or without that person who requests your assistance checking with your Commander that you are available to assist.
MR RORICH: Chairperson, the fact of the matter is that when Head office gave me an order and I received this from a senior officer, I executed it.
ADV. GCABASHE: Finished? I didn’t want to interrupt you, I thought you were still talking.
The question was, was it common practice to do the type of thing you did? That was the questions. I realise that you did do it, that’s why you are here today. The question is, was it common practice? You are an experienced officer.
MR RORICH: It was the case during that time because it was a war situation that we were involved in. Certain people would be applied for certain jobs and this wasn’t the first time that something like this happened.
ADV GCABASHE: I am still having difficulty understanding this so you’ll just help me understand it. I have listened to a couple of security hearings, I have sat in a few, and this is rather new to me so just help me understand exactly where you are coming from in respect of this application. My understanding has always been that there weren’t any loose cannons, for want of a better word, people who just did things because they were asked to assist. There was a command structure. There was a report-back structure. Whether the deed was legal or illegal is not the issue but whenever you did do something you would be authorised to do that by your particular unit, but what you are saying to us today is that your unit didn't have to authorise is. If somebody you trusted, who you thought was in authority, asked you to do something, you would do it, irrespective of which part of the country he may be based in.
MR RORICH: Chairperson, in order to provide an answer I would like to put it as follows. That was my experience at that time that something like that was possible because experts were trained in the security branch for specific work and another guy who might not have had the training for example as a demolition’s expert, would not be able to receive such a request or such a task from anybody at any time because he couldn’t send somebody to do a job for which they were not adequately trained. So that wasn’t wrong. Perhaps, with respect, you have not dealt with somebody like me.
ADV GCABASHE: You have heard Capt Zeelie for instance, who was based in this area, talk about his activities (¼ indistinct) with the things he was involved in. He was one of the local experts and my understanding of the evidence he has given to us, he operated in his area because he was given particular orders to do particular things and this is why I find it a little strange that you would come all the way from Ermelo, without telling your Commanding Officer, without the person who is requesting your assistance informing your Commanding Officer, so it’s a two-way process, you would come to an area and participate in an activity that you know is one of those difficult areas. Its illegal but because of the state of war it was authorised in a sense. This is what I hear you saying. I still find that a little difficult to grasp. You know had you been, just as an example, had you been Capt Zeelie working here I’d probably understand it better because I’d probably understand it better because I have probably just listened to him so many times I now understand his position and his expertise which is exactly the same as yours, but he is a local man so I understand his activity. Yours I still have a bit of a difficulty understanding.
MR RORICH: Chairperson, I think that the concern is important because the Commissioner does not understand why I came all the way from the Eastern Transvaal to perform certain tasks. All I knew, and I must tell you this now, was that this was a very delicate operation and the fact that I, as a demolition’s expert, was called in from the outside would perhaps not have threatened the normal policing of this area in terms of them undertaking their regular investigations. In other words the demolition’s expert for this area would have been the designated person. When the police found out about this matter, he would have been the person to investigate the scene, without being partial and without him knowing about me and me knowing about him. Is that clear enough?
ADV GCABASHE: You didn’t know the four activists, you did not know Mfalapitsa? You were simply told that somebody will come out of the building, come towards you and then you should detonate the explosives.
MR RORICH: That’s correct and that’s also the reason why Capt Grobbelaar was with me with the radio so that the right person would be in the building before I activated the device.
ADV GCABASHE: It was dark and you know you couldn’t answer a question about the age of these young people because it was dark. Now how did you know that this particular person who came out was the right man?
MR RORICH: I looked at Capt Grobbelaar, he shook his head, I turned around and it was over.
ADV GCABASHE: Where was Mfalapitsa at the time?
MR RORICH: He came into the old building where we were seeking shelter. He came in there with us.
ADV GCABASHE: Thank you very much.
ADV DE JAGER: Did the colleagues who approached you know that you were the type of man who wasn’t afraid to do things?
MR RORICH: I wouldn’t know. I wouldn’t know why they selected me. I was a dedicated security policeman in my heart and soul and I fought for my country with everything that I had.
ADV DE JAGER: Was that attitude of yours well known among your colleagues?
MR RORICH: I’m not certain. Perhaps they just surmised from my work that I could keep quiet when I had to keep quiet.
ADV DE JAGER: How far was the building in which you sheltered from the pump house?
MR RORICH: If I had to give an answer I would estimate in the vicinity of 100 metres or more.
ADV DE JAGER: And did you wait until the person who they told you would exit the pump house to be in your shelter before you detonated the device?
MR RORICH: Yes, because the previous witness, Capt. Grobbelaar, had to indicate to me that this was the right person and that there wouldn’t be other persons with him, that is why he was the one who handled the radio, that was beyond my control. I was convinced that that was the right person and I did my job.
ADV DE JAGER: You don’t know why they selected you?
MR RORICH: No, they might be able to tell you.
ADV DE JAGER: Yes, I also think that the person who selected you would be able to provide a much more satisfactory answer than you could.
RE-EXAMINATION BY MS VAN DER WALT: You have heard the evidence of Mr Coetzee when the question was put to him as to why you were selected. He said that he trusted you and that you were a demolition’s expert.
MR RORICH: Yes that’s correct. I heard that this morning.
MS VAN DER WALT: And you have just stated that you were not afraid of the work because what you did you did for your country.
MR RORICH: That is completely correct.
MS VAN DER WALT: If I understand your evidence correctly, there was a question which was put by Adv Gcabashe that you would have done this if anybody had trusted you. Is that correct, or did you do it because you knew and you believed that the order came from Head office.
MR RORICH: I knew and believed that this order came from Head office. Capt Jan would never have come to me with a story. I knew and I accepted this even though the name of Brig Schoon was mentioned, I didn’t know at all whether the Brig or whoever at Head office had selected me and what the reason for that was.
MS VAN DER WALT: But you believed that the order came from Head office?
MS VAN DER WALT: You did not act as a Rambo, you did this for your Volk and Fatherland?
MR RORICH: Yes I executed my duties within that context.
MS VAN DER WALT: And you do not know whether any other demolition’s expert was involved?
MR RORICH: No, and I did not question this because it was a delicate operation, as it was put to me.
MS VAN DER WALT: No further questions thank you.
NO FURTHER QUESTIONS BY MS VAN DER WALT
CHAIRPERSON: Thank you Ms van der Walt.
Mr Rorich you are excused. Thank you very much.
MS VAN DER WALT: That concludes my evidence for this application.
CHAIRPERSON: Thank you Ms van der Walt.
MR JANSEN: Thank you Mr Chairman. Yes, news was at lunch-time unfortunately that Mr Mfalapitsa was not at home when the GLC witness protection people arrived at his home and that they were waiting for him at his house to return. It was already then clear that at the very best they’d be able to bring him through tonight, and that he’d be available tomorrow. Seeing that its only 10 to 4 its obviously best at this stage to take the adjournment and then to continue with the same incident tomorrow.
CHAIRPERSON: Yes and I could perhaps just mention, it appears as if there is and has been slight misunderstanding as well in regard to whether or not your client is strictly speaking under the Commission’s witness protection programme or not. They have assisted and facilitated access to him and they know his whereabouts and so on. So there appear to have been some crossed lines in regard to the notification but they have indicated to us in the meantime as well, in order to at least ensure that these proceedings are not interrupted and disrupted, they will actually take charge of him and make sure that at least they use their infrastructure to have him here at least for tomorrow and for as long as he is actually required.
CHAIRPERSON: We have really only got the evidence of Mr Mfalapitsa left in terms of applicants insofar as the Cosas Four matter is concerned. We have virtually come to the end of the day in any event. We have previously indicated that Mr Mfalapitsa, for various reasons, is not physically present at the proceedings at this stage but steps are being taken to ensure and secure his attendance.
Under those circumstances we are going to adjourn the proceedings until tomorrow morning. We will start slightly later than usual. Unfortunately I have to attend to something tomorrow morning which I wasn’t able to attend to this afternoon. I tried my best to do that. So I am going to adjourn the proceedings until 9.30 tomorrow morning and hopefully we can then hear the testimony of Mr Mfalapitsa.
We are adjourned. Just a minute!
ADV DE JAGER: Please when we are proceeding with the next one, that they see to it that if they’re involved the witnesses would be here.
CHAIRPERSON: Yes in fact perhaps just to make sure that we don’t have further misunderstandings - the matter which, according to the Schedule we’ve been given, which follows on Cosas Four, is that of the abduction of Joe Pillay, so can we call upon the parties who are involved in that respect to make sure that we are able to proceed to deal with that matter once we are through with the Cosas Four matter tomorrow? I trust that everybody will co-operate to make it possible for us to proceed without any unnecessary interruptions.
We will adjourn and we will reconvene at 9.30 tomorrow morning.