CHAIRPERSON: Good morning everybody. Today is the 12th October 2000, and it's the continuation of the applications of Antonie Jagga and three others. Mr Jantjie was still testifying and he was under cross-examination.

LESIZI MICHAEL JANTJIE: (s.u.o.)

CHAIRPERSON: Mr Koopedi, you were busy cross-examining, may you proceed.

CROSS-EXAMINATION BY MR KOOPEDI: (cont)

Thank you, Chairperson.

Mr Jantjie, when you were making your trips into Lesotho, almost on a daily basis as you say, were you using different cars, were you using the same cars?

MR JANTJIE: Chairperson, we were using two cars.

MR KOOPEDI: So it's only two cars that you used?

MR JANTJIE: Yes, Chairperson, as far as I can recall.

MR KOOPEDI: Would you be able to remember whether the car you used to go and fetch Betty, is the same car that was used when you went to fetch Nomasonto?

MR JANTJIE: Yes, Chairperson, we used the same car.

MR KOOPEDI: Now what I need to understand is, your taking of Betty was supposed to look like an abduction, now what why would you use the same car, the car in which you abducted Betty, to go and fetch Nomasonto? Didn't you think that would cause suspicion?

MR JANTJIE: Chairperson, I think I said that we used two different cars to fetch Betty and Nomasonto.

MR LAX: No, you said that they were the same car. That was your evidence. He asked you:

you said yes, you used two cars.

then he said:

you said:

MR JANTJIE: Chairperson, I said I think they were two different cars.

MR LAX: Well that's not what we heard.

MR JANTJIE: Chairperson, I said they were two different cars.

MR KOOPEDI: That's not what you said, but ...(intervention)

MR LAX: Was there a translation problem, Mr Interpreter? Sorry, I'm speaking to you, Mr Interpreter.

INTERPRETER: Yes, Chairperson, I think we used the same car and I think Mr Brian Koopedi did hear that.

MR KOOPEDI: The Interpreter is right, because at that time I didn't have my headphones on so I was listening directly to his responses in Sesotho, and the response was:

MR LAX: Thank you.

MR KOOPEDI: I will pass that point, Chairperson.

Now you told this Honourable Committee that initially yourself and Mr Jagga masqueraded yourselves as criminals, you again masqueraded yourselves as MK combatants. You again conduct a this abduction, didn't you think this sounds strange? How can you have the same people in the same vicinity, dealing with the same people, appearing in different versions?

MR JANTJIE: No, Chairperson, to us it was not surprising because that was per arrangement that we made beforehand.

CHAIRPERSON: Could you listen to the question now. You are answering to the abduction, he's stating to you that at first when you approached Betty Boom - or rather, if I follow you correctly Mr Koopedi, you say the first time they approached Betty Boom?

MR KOOPEDI: That's right and said they were criminals, criminals from South Africa.

CHAIRPERSON: Criminals who ran away from South Africa.

MR KOOPEDI: That is so.

CHAIRPERSON: And wanted refuge in Lesotho, and secondly, you then said you were MK members and thereafter you conducted the abduction, understand it in that context.

MR JANTJIE: Yes, I do understand, Chairperson.

CHAIRPERSON: Could you now - I think your response is, if I'm not mistaken, ...(indistinct) on the ...(indistinct) question, was it not strange? If I'm not wrong.

MR JANTJIE: Yes, that is what I said, Chairperson.

MR VISSER: Chairperson, do allow me to intervene by saying that the evidence was not that they told Betty Boom that they were criminals, the evidence as I understood it was, I think ...(indistinct) they used two types of masquerades, the one when they went to the bars where people were drinking, they used that and also they told other people ...(indistinct - no microphone) that they were MKs. But I didn't understand the evidence to be that they told Betty both those. Perhaps that can just be cleared.

CHAIRPERSON: Ja, I think that should be cleared, because they at first went to bars where they would be known as criminals. But clear it up, what actually happened when they eventually approached Betty.

MR KOOPEDI: Okay. Let me as the question this way. Did you tell Betty that you were criminals who were seeking refuge in Maseru or in Lesotho?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: Okay. Now when you gave evidence - or maybe let me say this, you said that Betty phoned Tax Sejanamane, arranged that you will come and pick him up, even told Tax the type of car you'll be driving in. Did I hear you correct?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now I seem to understand your statement - which is on page 11 of the bundle of documents, Chairperson, the first paragraph, to say that the minute, that is when you were with Tax, you found him and you then asked him to accompany you to the Republic, and the minute you mentioned Betty's name, he relaxed and he came voluntarily with you. Why would you need to mention Betty's name if in fact there is a pre-arrangement that you will be coming to pick him up?

MR JANTJIE: It was just to make certain to him that we were the people that Betty told him about.

MR KOOPEDI: Now what do you mean when you say - I'll read it in Afrikaans:

Was he not relaxed before you mentioned Betty's name?

MR JANTJIE: Chairperson, because he did not know us I would say he was not relaxed.

MR KOOPEDI: Okay. What happened when you crossed the border with Tax, did you at this time produce any passports, or did you just pass as you normally do without being asked any uncomfortable questions?

MR JANTJIE: That is so, Chairperson, we used the same method as before, like we did when we went to fetch Betty and Nomasonto. We were not asked any questions and we were not asked about the person who was accompanying us.

MR KOOPEDI: And this did not worry Tax, the fact that you are able to pass through borders without being asked for passports?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: Did you have to tell Tax who you were? Did you tell Tax whether you were MKs sent by Betty, or you didn't have to say anything, you just had to say: "Betty sent us to pick you up"?

MR JANTJIE: Yes, that is what we said, Chairperson.

MR KOOPEDI: What did you say, did you tell Tax that you were MK people, or you did not tell him that you were MK people?

MR JANTJIE: No, Chairperson, we did not tell him that we were members of the MK.

MR KOOPEDI: Now I want you to - perhaps this is asking for your opinion, I want you to tell me whether - we did not raise anybody's suspicion and in particular an MK member who is in Lesotho who has run away from South Africa, would this person not to be worried to be accompanied by people who would just cross the border without being asked questions, without him also producing a passport? Didn't you think this would have worried anybody, any normal person?

MR JANTJIE: Yes, Chairperson, I think he should have suspected, but he would also think that these people have already made arrangements before with the people in Lesotho and the people in the Republic of South Africa.

MR LAX: Sorry Mr Koopedi, can I just interpose here.

What did you tell him, who you were?

MR JANTJIE: We explained to him that we are the people who were sent by Betty, as per arrangements they have made with Betty. So we crossed the border from Lesotho into the Republic of South Africa, straight to the farm.

MR LAX: But here's an MK guy confronted by two whites and two blacks and he just accepts your word for it, he's not suspicious at all, you just mention her name and it's like a magic wand, he just comes with you. Is that how it happened?

MR JANTJIE: Yes, Chairperson, that is how it happened.

CHAIRPERSON: Without further introduction, other than that "we are the people Betty spoke about"? Just that "Betty said we should fetch you" and that's it, you don't make any further identification?

MR JANTJIE: That is so, Chairperson.

MR LAX: Had you arranged the specific time and place at which you would collect him?

MR JANTJIE: That is so, Chairperson.

MR LAX: So he was waiting there for a specific vehicle to come at a specific time to a specific place?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Okay, let's go back to Nomasonto, there's something I need to clear. You did not phone her, there was no pre-arrangement that would be coming for her, is that correct?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now you had a day or so ago abducted Betty, and the intention was to make sure that people would see it as an abduction, is that correct?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now why would then Nomasonto listen to you when you are the people who abducted in daylight, when people could be seeing you abducting Betty, why would Nomasonto listen to you?

MR JANTJIE: It is because, Chairperson, we went to Nomasonto with the messages that we got from Betty. We said to her: "Betty said we should come collect you", and when she heard that we know Betty, she did not have any problem to go with us.

MR LAX: You didn't just say: "Betty said we must come and fetch you", you said to her: "Betty said we must come and fetch you to Ladybrand". And not only must you fetch her to Ladybrand, but you take her child with.

CHAIRPERSON: No, she decided about the child.

MR LAX: Yes, but - whichever way, she now takes the child with to go and see Betty in South Africa.

MR JANTJIE: That is so, Chairperson.

MR LAX: And then you went through the border and there was nobody stopping you, she didn't get suspicious about that?

MR JANTJIE: No, Chairperson, she did not suspect anything and nobody stopped us at the border.

MR LAX: So nobody wanted to see her travel document, to see the child's travel document?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: Where did you find Nomasonto?

MR JANTJIE: We found her at a place called Ditabaneng.

MR KOOPEDI: Was it at a house, a flat, a hotel?

MR JANTJIE: It was at a flat, because there was a cluster of flats there, she was renting a flat there.

MR SIBANYONI: Excuse me, Mr Koopedi.

If, when you took Betty away, you made it appear to be an abduction, the word would have spread around Maseru and especially to the people close to Betty, that she had been abducted, how do you expect Nomasonto not to know about that, as much as Tax?

MR JANTJIE: No, Chairperson, we expected that they did not know.

MR SIBANYONI: But your intention when you took Betty, you wanted that any person who sees that or heard about that, should understand that she has been abducted, is that correct?

MR JANTJIE: That is so, Chairperson.

MR LAX: Isn't it so that you actually wanted them to? You wanted them to know that she'd been abducted, that was the whole object of the exercise. You confirmed that the last time ...(intervention)

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now you are now at the farm with Nomasonto, what was said to her that made her agree to work for you? What was given to her?

MR JANTJIE: We had already arranged with Betty, and our agreement was that Betty would try to convince her to work with us because Betty had already agreed to work with us. In other words, what I'm saying is that we were using Betty, so that she could be able to convince these other people that came after her.

MR KOOPEDI: But what I want to know is, what was it that was said to Nomasonto, or even Tax? What was it that was said to them by Betty, that made them agree to work for you?

MR JANTJIE: When we arrived at the farm we explained ourselves to these people, we told them that we were working for the South African Police, in the Security Branch. So we asked that we should use them against the organisation that they belonged to, that is the ANC, so that we could be able to get information about the activities of that organisation in the Republic of South Africa.

CHAIRPERSON: When Betty eventually spoke to them, were you present when she did that?

MR JANTJIE: Yes, Chairperson, I was present and Tony Jagga was present. Sometimes one of us will go outside and the other one will remain inside and listen. So I would say I was present.

MR LAX: And you were present just to make sure they didn't hatch some plot against you, isn't that so? You didn't exactly trust them.

MR JANTJIE: Not that we did not trust them Chairperson, because we have agreed that we will use Betty to recruit these people. So it was important for us that one of us should be present when Betty speaks to these people.

MR LAX: Why was it important that one of you should be there? If you trusted her, why did you have to be there at all?

MR JANTJIE: I would say we trusted Betty because we had met with her on several occasions before, but because myself and Tony were involved in this recruitment exercise, it was important that one of us should be present.

MR LAX: Why? That's what I'm asking you and you can't give me an explanation. Surely it would have been easier to leave them together, so Betty could convince them and then bring them to you? They knew her, they trusted her, they didn't you at all.

MR JANTJIE: No, Chairperson, I do not agree with you.

MR LAX: What do you mean you don't agree with me? Did they know you? Did Nomasonto know you?

MR JANTJIE: No, she did not know us, it was for the first time that she saw us when we went to collect her.

MR LAX: Yes. And did Tax know you?

MR JANTJIE: No, Chairperson, he did not know us, it was for the first time that he saw us that day.

MR LAX: So again, why was it necessary for one of you to be present while they were talking?

MR JANTJIE: One of us, or both of us should be present because we had already started discussions with them. It would be difficult for us if we did not know how the discussions between them and Betty went. So it was important that we both - or one of us is present.

MR LAX: Yes, you wanted to be sure, amongst other things, that Betty wasn't playing a double game with you, that she wasn't working a plan so that these guys would be safe. Isn't that part of why you wanted to listen to what was being said?

MR JANTJIE: Chairperson, we were already trusting Betty, so we did not suspect that she would turn against us.

MR LAX: So that didn't even enter your mind?

CHAIRPERSON: But do you recall saying that the reason why Betty was, or rather the abduction of Betty was because she was already suspected by her colleagues?

MR JANTJIE: Yes, I do remember, Chairperson.

CHAIRPERSON: And wouldn't it make sense that when Betty was speaking to the others who you later fetched from Lesotho, that whilst she was speaking to them, you had to be present?

MR JANTJIE: It could be so, Chairperson, but I would say we did not know anything about those people that we have fetched after Betty. For example, we did not know whether Nomasonto knew how Betty was taken from Lesotho. I would agree with you Chairperson, in that it could be one of the reasons why we should be present, or one of us should be present during the discussion.

CHAIRPERSON: You may proceed, Mr Koopedi.

MR KOOPEDI: Thank you, Chairperson.

This flat where you fetched Nomasonto, what was the access like to the residence, do you have to pass through a gate, do you pass through securities, what was the access like?

MR JANTJIE: The place where Nomasonto stayed, Chairperson, there were about 10 flats there and there was a fence, a security fence which was more than six metres high and there was also a gate. There was only gate, one big gate which was used by the cars. So when we arrived there that gate was not closed and it was not manned by security.

MR KOOPEDI: What time was it, what time of day was it?

MR JANTJIE: It could be between 10 o'clock in the morning and 12 o'clock midday.

MR KOOPEDI: And what time was it when you abducted Betty?

MR JANTJIE: I think it was after 5 o'clock, although I do not recall precisely, but it could have been 5 o'clock in the afternoon.

MR KOOPEDI: All this was done during the day, am I correct? All the abductions and the fetchings were done during the day, broad daylight.

MR JANTJIE: I would say we fetched Betty after 5 o'clock. Well I don't remember whether it was 6p.m. or not.

MR KOOPEDI: Was it dark when you fetched Betty? When you abducted her, was it dark?

MR JANTJIE: It was not yet dark, Chairperson.

CHAIRPERSON: It's summer, Mr Koopedi.

MR KOOPEDI: Thank you, Chairperson, there might have been clouds and the place ...(indistinct)

Who was with Nomasonto?

MR JANTJIE: I think when we arrived there it was only her and the child.

MR KOOPEDI: Were there any people moving around in those flats?

MR JANTJIE: I would say so, Chairperson.

MR KOOPEDI: Okay. Now when you then talked to Nomasonto, what did you say to her, who did you say you are?

MR JANTJIE: Chairperson, I don't remember whether I explained my name to them, but I am not saying that I introduced myself as somebody else to them.

MR KOOPEDI: Okay. But then you still ...(intervention)

MR LAX: Sorry, who's them? You said you're not sure if you introduced yourself to them. I thought it was just Nomasonto and a baby. You can't introduce yourself to a baby, so who is the other person that you introduced yourself to, the people?

MR JANTJIE: Chairperson, I was referring to all these people that we went to fetch in Lesotho.

MR LAX: But we're talking about a specific instance of fetching Nomasonto here, we're not talking about the others at the moment. He's asking you what did you say to her, not what did you say to them.

MR JANTJIE: Well Chairperson, I don't remember the name that I used.

MR LAX: You haven't answered my question. Why do you use the plural when we're talking about one person?

MR JANTJIE: Chairperson, at that time I was including Betty, Tax Sejanamane and Nomasonto.

MR LAX: But you've just been asked if there were other people present and you've just said:

and then:

Just please concentrate if you're going to answer the question, otherwise we'll get this confusion again and again.

MR KOOPEDI: Now you may not recall whether you gave Nomasonto any name or not, but what I want to know is, who did you say you were, where did you come from?

MR JANTJIE: We told Nomasonto that we were sent by Betty to come and fetch her.

MR KOOPEDI: You didn't tell her who you were, where did you come from, whether you were MK, whether you were criminals? You didn't tell her any of those things?

MR JANTJIE: No, Chairperson, we did not tell her.

MR KOOPEDI: And she didn't want to know any of those?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: What strikes me as strange is that it seems Betty's name was a magic wand, you say to Nomasonto, a member of Betty's cell, Betty who has just been abducted a few days ago, a day or two ago, you go to Nomasonto, you are the same abductors of her Commander, you just mention Betty's name, voila, she comes with you, she even takes her child. Don't you think that is strange?

MR JANTJIE: No, Chairperson, it doesn't seem strange to me.

MR KOOPEDI: And the same thing can be said of the fetching of Tax, you mention Betty's name, this is perhaps three or more days thereafter, Betty's disappearance has got to be known, it's actually not a disappearance, an abduction which was done during daylight, but you just said to Tax: "Now we are sent by Betty", and voila, he agrees to go with you. Do you think that's not strange?

MR JANTJIE: No, it doesn't seem strange to me, Chairperson.

MR KOOPEDI: Well my instructions are to put to you that your version is a fabrication, it's not true. And to tell you why I put this to you, Betty Boom was a highly trained MK cadre, she was a Commander of a cell, within that cell she commanded highly trained MK soldiers, but you come before this Committee and say that this highly trained MK cadre, member of the SACP and also a person who sits on the Central Committee of the SACP, you've only paid, according to your version, you've only paid her two times and amounts not more than R250, and for that she betrayed herself, sold out comrades in Cape Town, sold out the operations in Cape Town, sold out the operations in the Free State, and it is on these basis that I'm instructed to put to you that your version is not true, it's not correct.

CHAIRPERSON: No, Chairperson, they are not correct.

MR KOOPEDI: I'm not sure what is not correct, your version?

MR LAX: Sorry, are you saying that his clients are not correct in saying that your version is not correct?

MR JANTJIE: ...(no translation)

CHAIRPERSON: Mr Koopedi, that was a little compound, could you break it down so that when he responds we get precisely what he's responding to.

MR KOOPEDI: Okay. I'll just put this to you, that your version is incorrect on the basis of the little profile that I've given you of Betty and what you gave to Betty to buy her. My instructions are that your version is incorrect and it is in fact an insult to the intelligence of Betty.

MR JANTJIE: Chairperson, I am saying I'm telling the truth here.

CHAIRPERSON: Did you know this profile that for instance, you knew that she was the Commander? Did you know how the others were trained? That is Tax and Nomasonto.

MR JANTJIE: Yes, we did know, Chairperson.

CHAIRPERSON: Did you know that she was also a member of the South African Communist Party, that is Betty Boom? Did you know that?

MR JANTJIE: No, we did not know that, Chairperson.

CHAIRPERSON: Did you know that she was sitting on the High Command of - I mean the Central Committee of the ANC? Did you know that?

MR JANTJIE: No, we did not know, Chairperson.

CHAIRPERSON: Oh, I beg your pardon, SACP, not ANC. SACP. Did you know that?

MR VISSER: No, you were right the first time. It was specifically put "the ANC", by my learned friend.

CHAIRPERSON: No, SACP. Mr Lax corrected me, I thought I heard ANC, but ...

MR VISSER: I'm quite sure that what was spoken about by Mr Koopedi when he divided his question up he said:

then he said:

I think you were correct, Chairperson, and Mr Lax, with great respect, was wrong.

CHAIRPERSON: Ja, that's what I heard.

MR KOOPEDI: And perhaps for clarification, the ANC in its structures does not have anything called a Central Committee or a Central Command, that's the SACP ...(intervention)

CHAIRPERSON: No, no, I supposed to avoid argument let's restate it, it might be just a slip of the lips, not the tongue.

MR VISSER: My attorney agrees with Mr Lax. I'm sorry if I'm wrong, Chairperson.

MR KOOPEDI: Tell me about this farm, where is this farm exactly, you said it's some 20 kilometres from Ladybrand, but where? If I want to go to that farm, how do I go there?

MR JANTJIE: Chairperson, from Ladybrand using the main road to Clocolan, it can be about 15 to 16 kilometres from Ladybrand towards Clocolan. There is a farm there on the right side and you turn there and then from there you travel about six kilometres and that farm is in that area.

MR KOOPEDI: Do you know the name of that farm?

MR JANTJIE: No, I don't know the name of that farm, Chairperson.

MR KOOPEDI: Do you know the Erf number or any number of that farm?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: When last were you at this farm?

MR JANTJIE: That was in 1987, Chairperson, in December.

MR KOOPEDI: How long had you worked at this farm?

MR JANTJIE: We worked at that farm when we went there with Betty Boom for the first time and we stopped going to that farm when we took them back to Lesotho.

MR KOOPEDI: So you were actually there for a short while?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now what I need to understand, and perhaps finally on the Betty Boom issue, why would you then return Betty Boom to Lesotho when initially you abducted her because she might not be safe? Why would you then return her to Lesotho?

MR JANTJIE: It is because we had already finished recruiting the other people, the people that she gave their names to us and we went to fetch them.

MR KOOPEDI: But no, you abducted Betty because she would be suspected by the ANC that she's working for you, is that not correct?

MR JANTJIE: That is correct, Chairperson.

MR KOOPEDI: A few days thereafter, perhaps within a week, you return her to Lesotho, does that not defeat the purpose, the initial purpose of taking her away?

CHAIRPERSON: Taking her back.

MR KOOPEDI: Taking her back, yes. Thank you, Chairperson.

MR JANTJIE: Chairperson, we were satisfied that there were no longer suspicions and we could not get any piece of information that people knew that Betty was with us, that is why we took her back to Lesotho.

MR KOOPEDI: You were satisfied that? I missed that.

MR JANTJIE: We were already satisfied that there was nothing or any information that we could get that indicated that people knew that Betty was working with us, that is why we returned her to Lesotho.

MR KOOPEDI: What satisfied you? You need to have received some information I believe, that no, no, in fact Betty's okay. What satisfied you?

MR JANTJIE: We were satisfied because we couldn't hear anything that indicated that people know that Betty was working with us.

MR LAX: What do you mean by that? What information? What are you talking about? That's the question.

MR JANTJIE: I am saying that because our informers will come to us and tell us that it is known that Betty is working with us, but because we didn't get that information from our informers, we became satisfied that there were no suspicions that Betty was with us or was working with us.

MR KOOPEDI: But your informers had already told you that, not so? Were you not told by your informers that Betty is hot, Betty is suspected that she's working with you, and that is why you abducted her?

MR JANTJIE: That is so, Chairperson.

MR LAX: Can I just ask something?

How would your informers know that they should come and tell you that there were suspicions that Betty was - now this is after the abduction, you understand? How would your informers know after her abduction to come and tell you well, there's still suspicions or there are no suspicions?

MR JANTJIE: The informer who gave us information about Betty stayed at the same place where Betty was staying, so we expected that if there was something else that he has heard at that place, he would come to us and tell us so that we could take some action.

MR LAX: Well how could he come to you, you were at the farm with these people?

MR JANTJIE: He could call our office and give somebody information there at the office, then we will make an arrangement to meet him.

MR LAX: And so because your informer didn't tell you there were any further suspicions or didn't make any effort to contact you, you made the assumption that there were no longer any suspicions against Betty? Do I understand you correctly?

MR JANTJIE: That is so, Chairperson.

MR LAX: And that's why you went and dropped her in a public place with the others?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: You sat with Betty for some time, together with Nomasonto and Tax, and I believe this will be a fair question to ask, did Nomasonto and Tax belong to other units, or did they only belong to Betty's unit?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: They belonged to other units? Is that what you're saying?

MR JANTJIE: They were in Betty's unit, Chairperson.

MR KOOPEDI: As far as you knew they did not belong to other units?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now my question is, why would you want to recruit Nomasonto and Tax, because they belong in Betty's unit and they don't belong in any other units? What value would they add?

MR JANTJIE: We wanted to get information from all the people in Betty's unit.

MR KOOPEDI: What information did you expect to get from them, other than information about the unit's activities? What did information did you expect to get, for instance, from Tax and Nomasonto?

MR JANTJIE: The information that we expected from them was in as far as the infiltrations from Lesotho were concerned into the Republic of South Africa. Those were the infiltrations that were undertaken by the MK soldiers from Lesotho.

MR KOOPEDI: What you're saying is that you expected Tax and Nomasonto to have information that Betty did not have, am I correct?

MR JANTJIE: Yes, that was our suspicion, Chairperson.

MR KOOPEDI: Okay. Let's talk about Mbulelo. What led you to Mbulelo Ngono?

MR JANTJIE: We were trying to recruit him so that we can get information as well from him.

MR LAX: No, the question was, what led you to him? What drew him to your attention? That was the question, not what information did you want, or what your object was.

MR JANTJIE: We learnt about him in Maseru and we became interested in him.

MR KOOPEDI: Who told you about Mbulelo Ngono?

MR JANTJIE: We were told by our informer.

MR KOOPEDI: Who is this informer?

MR VISSER; Chairperson, are we going to go through that again, with great respect.

CHAIRPERSON: Ja, he stated that he wouldn't divulge those informers, so I don't think we'll get anywhere Mr Koopedi.

MR KOOPEDI: Well he stated in the matter of Betty, it was not clear to me that he's going to throughout refuse divulging informers, Chairperson.

CHAIRPERSON: No, he's initial testimony was that he will reveal these four, that is Betty, Nomasonto, Tax and Mbulelo, the other informers he would not tell you about, for security reasons. That's his evidence.

MR KOOPEDI: Thank you, Chairperson.

You say that after you had heard about Mbulelo, you then discussed the plan with your superior and your co-applicant, Mr Robertshaw and you were told that you should go and recruit this person, am I correct?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now on your way to Roma, that is you and Thulo, decided that no, we don't want to recruit this person but rather to take him the other way round. Why this decision?

MR JANTJIE: It is because we realised that the method that we used at the farm was the easiest method, so that is why we decided that we should go and approach the Lesotho Police so that they could help us.

MR KOOPEDI: No, the method you used previously did not include using the Lesotho Police, and perhaps I will come to that. What I want to know is, your instructions were to go and recruit this person and according to your evidence you said on your way to Roma, you decided not to recruit but to go to the Roma police, now what I want to know is, what made you go for this decision? Why did you change from the instruction given? You were instructed to go and recruit, but you turn around and say no, we don't want to recruit. What made you change?

MR JANTJIE: It is because we realised that the method that we used at the farm would be the easiest one that we could use to recruit Ngono from Lesotho.

MR KOOPEDI: Now did you - before going to the Lesotho Police, did you go back to Mr Robertshaw to tell him that: "We don't want to follow your instructions anymore, but we want to take another route"?

MR JANTJIE: No, Chairperson.

MR KOOPEDI: Am I then correct to say that from the moment you decided not to go according to instructions, you were acting on your own, you were acting contrary to your instructions?

MR JANTJIE: You are correct, Chairperson.

MR KOOPEDI: Okay. Now when you get to the flat, your evidence was - or the place where you found Mbulelo, your evidence was that it was only Mbulelo and a lady who was with him and other than that it would have been the four of you, yourself, Thulo and two people from the Lesotho Police, is that correct?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Are you still certain that there was not a third person, a lady, that is - ja, a lady, a sister to Mbulelo's friend?

MR JANTJIE: I am certain, Chairperson.

MR KOOPEDI: And perhaps you can clear up this misunderstanding for me. In your evidence you stated that the police took, the Lesotho Police took Mbulelo only and you left, went to the police station, they then handed Mbulelo to you. In your affidavit, or your declaration - page 15I, Chairperson, paragraph 40, you state that KK was then arrested by the Lesotho Policemen, together with his friend.

MR VISSER: No Chairperson, I'm not sure whether I remembered to do this, didn't I ask that that ...(intervention)

CHAIRPERSON: That was clarified in the evidence-in-chief.

MR VISSER: That should be struck out.

CHAIRPERSON: It should be struck out.

MR VISSER: Yes, and I said that is a clear mistake on the draughtsman's point.

CHAIRPERSON: I don't know if you picked that up.

MR KOOPEDI: I missed that, Chairperson.

So what is your evidence, is your evidence that she was not taken?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: Now when you got to the farm, what did you tell KK or Mbulelo?

MR JANTJIE: We introduced ourselves to him, we told him that we were the South African Police and we would wish that he work with us as an informer.

MR KOOPEDI: And what did he say?

MR JANTJIE: He could not take a decision at that moment, he wanted to know why we went to fetch so that he could be an informer while we knew that he was the member of the ANC. And we talked to him until he agreed to work with us.

MR KOOPEDI: What I'm interested in is, what is it that made him turn? What is it that you said to him that made him agree to work with you?

MR JANTJIE: My suspicion is that he realised that he had no alternative, because at that time he knew that in the Republic of South Africa he would be arrested. So I think he was frightened at that moment.

MR KOOPEDI: When you passed at the border with Mbulelo, you were not asked questions again?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: He was not worried that he's not crossing the border into South Africa with people who just cross the border without any passports or questions asked?

MR JANTJIE: He was surprised, Chairperson.

MR KOOPEDI: He didn't ask you: "Why are we able just to cross the way we are crossing?" Or was it obvious that you were South African Police at that stage?

MR JANTJIE: According to me Chairperson, he was already aware that we were the members of the South African Police.

MR KOOPEDI: When the Lesotho Police arrested Mbulelo, what did they do, did they handcuff him?

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: When was he handcuffed, if at all he was?

MR JANTJIE: When they arrested him at his house they used his belt.

MR LAX: But you just said he was handcuffed. Why say he was handcuffed if they used his belt?

MR JANTJIE: My understanding of this word "handcuff" is that you can use anything to bind somebody's hands. That is my understanding of the word "to handcuff".

MR LAX: But you're a policeman, you know what a handcuff is. If you handcuff someone you use handcuffs, you don't tie them up. There's a difference to a policeman between handcuffing and tying somebody. You were a Warrant Officer, for goodness sake.

MR JANTJIE: That is so, Chairperson.

MR KOOPEDI: You said in your evidence-in-chief that if she had, if Mbulelo had refused to work with you, you would have left him and returned him to Lesotho, didn't you maintain that?

MR JANTJIE: Yes, I did say that, Chairperson.

MR KOOPEDI: And how much time had passed, that is from Betty's abduction to Mbulelo's arrest?

MR JANTJIE: It was about eight to nine days, Chairperson.

MR KOOPEDI: Now the police, the Roma police who assisted you, or who arrested Mbulelo, do you know their names?

MR JANTJIE: No, Chairperson, I only know them by their faces.

MR KOOPEDI: You also didn't know their ranks?

MR JANTJIE: I knew their ranks, Chairperson.

MR KOOPEDI: What were their ranks?

MR JANTJIE: They were Sergeants, Chairperson.

MR KOOPEDI: Are you able to describe these people, tall, short?

CHAIRPERSON: Would it assist us to know their height and weight and all that? Or are you going to call those people?

MR KOOPEDI: It's a possibility, Chairperson, and in fact what we need to know is, or what we need to find out from the applicant is, we need him to tell us who was with him for us to be to confirm whether he's telling the truth or not, and if he does not know their names, perhaps a description would assist us. Like we said, there was a third person present, the was the lady friend to Mbulelo who is still alive today and I believe a response to that question would go a long way in assisting the applicant, for us to be able to say he's telling the truth or not on that aspect.

MR VISSER: Well Chairperson, if I may, there is a statement in your bundle from page 45 by the girlfriend, who says that her sister was there and there is some conflict on that issue, but for the rest there's nothing that his witness said that can be tested by calling anyone else. On the evidence of Macebe. Because she says that four people arrived, she says that they took KK away and they came and fetched her later. So with respect, I'm not sure where it's going, but I'm leaving it in your hands.

CHAIRPERSON: No, I wouldn't allow that question.

MR KOOPEDI: Chairperson, I have no further questions for this witness.

CHAIRPERSON: Mr Mapoma.

CROSS-EXAMINATION BY MR MAPOMA: Thank you, Chairperson.

Was is the name of the place where Betty resided, in Lesotho?

MR JANTJIE: That is Ditabaneng ...(indistinct)

CHAIRPERSON: Is that the same as Nomasonto?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: And how far is that from Maseru?

MR JANTJIE: It can be about four kilometres from Maseru, Chairperson.

MR MAPOMA: And when you were surveilling her place of residence, were you using your car?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: What would you do, would you park the car in front of her place, or what? How would you do this surveillance?

MR JANTJIE: We would park on the other street seven metres from Betty's place, Chairperson.

MR LAX: Sorry, how many metres?

MR JANTJIE: Chairperson, I would say it can be seventy metres, not seven.

MR LAX: Seventy metres. Thank you.

CHAIRPERSON: Seventeen, 17?

MR JANTJIE: 7-0, Chairperson.

CHAIRPERSON: You may proceed, Mr Mapoma.

MR MAPOMA: Thank you, Chairperson.

Now you said in your evidence-in-chief that on your first contact with her you followed her on her way to town and managed to speak to her. Was she on foot?

MR JANTJIE: No, Chairperson.

MR MAPOMA: Was she - how did she go to town?

MR JANTJIE: She boarded the taxi, Chairperson.

MR MAPOMA: And where did you meet her?

MR JANTJIE: We met with her in town, Chairperson.

MR MAPOMA: And is that where you managed to speak to her, in town?

MR JANTJIE: That is so, Chairperson.

MR VISSER: Could my learned colleague just perhaps be specific, speak to her about what, because obviously we're talking a recruitment and later information that was received, so ...(intervention)

MR LAX: Hang on, this is the first introduction.

MR VISSER: The very first time?

MR LAX: Yes.

MR VISSER: Alright. Then very clearly these two persons are not on the same wavelength.

MR LAX: That's his evidence.

MR VISSER: With great respect, it has never been the evidence of this witness that they recruited her in Maseru.

MR LAX: Well that's what he's speaking to, he's just asked him these questions. He says: "When you - first you followed her to town, where did you meet her? Met her in town. She boarded a taxi". This is about the first time he met her, that's been a clear premise to these questions.

CHAIRPERSON: He's talking about the first time, Mr Visser, the very first contact.

MR VISSER: I'm going to leave that, Chairperson, it's clear that there's a misunderstanding here.

MR LAX: Well it's not clear to me at all, but anyway.

CHAIRPERSON: Let's leave it to Mr Mapoma. Could you put them with some more precision, Mr Mapoma, so that everybody follows.

MR MAPOMA: When you met with her in town, in Maseru, is that the stage when you happened to speak to her for the first time?

MR JANTJIE: Chairperson, this thing happened more than 10 years ago, so the statement that we have written here, it's something that we tried to recall, it's not something that was written down. So it becomes difficult for one to explain whether it was for the first time or not.

CHAIRPERSON: Mr Jantjie, you told us that you had to recruit her and the question asked to you ...(intervention)

MR LAX: Just stop reading your statement, Mr Jantjie, just listen to the question.

CHAIRPERSON: ... does not relate to jolt your memory about certain details. It's quite obvious that you were here in the process to recruit somebody to be your informer, what is needed out of you now is to say when did you make that contact. So they said the first contact you must know that the questions were not difficult, he said you surveilled the place, you then made contact with her. It's simple, it doesn't require that you write down, or you should have written down 10 years ago what you exactly did. I don't think so, and I don't think your appeal is appealing.

MR JANTJIE: Yes, Chairperson.

MR MAPOMA: Mr Jantjie, I want to get clarity on this. In your evidence-in-chief you said you surveilled Betty for a number of days and then you managed, at some stage, to follow her to town and spoke to her. That was the import of your evidence-in-chief.

MR VISSER: Now I must make it quite clear that that was never the evidence.

CHAIRPERSON: Give me a moment.

MR VISSER: The statement which he confirmed, Chairperson, at page ...(intervention)

MR LAX: Let's - just let us read our notes to see what the evidence was, with respect, Mr Visser.

MR VISSER: Can I just refer you to the relevant passage?

MR LAX: I'm not interested in what he confirmed, I'm interested in what he testified. There's a difference. Because he confirmed a whole range of passages, but then he went on to testify and explain it and that's what we're looking at.

CHAIRPERSON: No, my note reads that there was some surveillance and:

MR LAX:

CHAIRPERSON: ... members.

MR VISSER: Yes, and the evidence went on to say that:

CHAIRPERSON: Pardon?

MR VISSER:

But it was never the evidence that they spoke to her in Maseru, Chairperson, with great respect.

MR LAX: So before all of this confusion has now arisen you were testifying and you were being asked about when did you first make contact with her. Do you remember that?

MR JANTJIE: Yes, Chairperson.

MR LAX: And Mr Mapoma then said:

you said:

Do you remember that?

MR JANTJIE: Yes, I do, Chairperson.

MR LAX: This was after she got onto a kombi.

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: Taxi. It does not follow that a taxi is a kombi.

MR LAX: Okay. What kind of taxi was it? Was it a kombi?

MR JANTJIE: It was a kombi, Chairperson.

MR LAX: Now she gets off the kombi in town somewhere, is that when you approach her to speak to her?

MR JANTJIE: That is so, Chairperson.

MR LAX: And that was the first time you spoke to her?

MR JANTJIE: That is so, Chairperson.

MR LAX: Carry on, Mr Mapoma.

MR MAPOMA: Thank you, Sir.

Now that is the first time you spoke to her and that is the time when you introduced yourselves as MK cadres to her, is that correct?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: And that is the time when you had discussions with her about you assisting her with finances that she was running short of, is that correct?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: And during these discussions, where exactly was she, or were you? Were you inside your car or just in the street, where exactly? Or somewhere else? Just tell us.

MR JANTJIE: We were not in the car, Chairperson, we were inside the OK building in Maseru.

MR MAPOMA: What kind of place was that? Was it an office or a restaurant? Just describe what kind of place was it actually, where you had these discussions with her.

CHAIRPERSON: This building, where were you inside this building, in other words?

MR JANTJIE: Inside this building, Chairperson - on the other side about 10 metres from this building there's other buildings and it something like a mall and that open space, there were seats there built by bricks for people to sit there and relax. We were at that place, Chairperson.

MR MAPOMA: How long did you discuss with her?

MR JANTJIE: I would say Chairperson, it could be 30 minutes.

MR MAPOMA: And after you discussed, what was your final agreement with her?

MR JANTJIE: She gave us her telephone numbers and she said we should call her so that we make an arrangement about the place and the day where we could meet again.

MR LAX: Sorry, can I just be clear there. She gave you her telephone numbers, is that right? I didn't hear properly.

MR MAPOMA: That is so, Chairperson.

MR LAX: You didn't give her your telephone numbers?

MR JANTJIE: No, Chairperson, not at that stage.

CHAIRPERSON: You may proceed, Mr Mapoma.

MR MAPOMA: Thank you, Chairperson.

Now other than you introducing yourselves as MK cadres to her and getting her saying that she had financial problems with the ANC, what else did you discuss with her?

MR JANTJIE: Nothing else, Chairperson.

MR MAPOMA: Now at what stage did you agree with her that she was going to work with you as your informer?

MR JANTJIE: I think Chairperson, it was during our second meeting with her.

MR MAPOMA: And when was your second meeting, relative to the first meeting?

MR JANTJIE: I do not remember, Chairperson, but it could not have been more than a week.

MR MAPOMA: Come again, I didn't hear.

CHAIRPERSON: It could not have been more than a week.

MR MAPOMA: Oh, thank you.

And where was that second meeting?

MR JANTJIE: In Maseru, Chairperson, though I do not remember the place.

MR MAPOMA: And that is the place where the deal was struck that she was going to be your informer?

MR JANTJIE: No, Chairperson.

MR MAPOMA: What do you mean, no?

MR JANTJIE: During our second meeting, Chairperson, it was a continuation of what we discussed in our first meeting, that is the financial problems.

MR MAPOMA: But you said that it is at that second meeting that you agreed with her that she's going to work for you as an informer. That's what you've just said.

MR JANTJIE: That is why I say, Chairperson, sometimes I will mix these meetings, one cannot recall precisely what the agreements were in our first meeting or second meeting or our third meeting. That is the problem that I have.

MR MAPOMA: And you can recall that it was not more than a week that you agreed with her that she's going to work for you, is that not so?

CHAIRPERSON: I suppose it would be proper to ask the witness whether in that second meeting that's where she agreed to work for them, because of the answer he just gave prior to you asking that question.

MR MAPOMA: Yes, thank you, Chairperson.

Now in that second meeting that you had with her, did you agree with her that she's going to work for you as your informer?

MR JANTJIE: Chairperson, I do not remember whether it was during that second meeting or the third one.

MR MAPOMA: Now during this period of these meetings with her, would you meet with her and go back to South Africa and then come back again to meet with her, or were you just around Lesotho?

MR JANTJIE: Chairperson, we would go to Lesotho every time we were going to meet with her, and go back to South Africa, or sometimes when we realised that we would not be able to go there, we will just call her and postpone the meeting and meet with her the other time.

MR LAX: Can I just try and clarify something?

You had this first meeting with her, you tell her you were going to try and help her financially, am I right so far?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: What arrangement did you make with her? Did you say to her: "Look, we're going to go and make some enquiries and we're going to come back to you in due course, give us your phone number, we'll phone you"? What did you say to her? Something like that, or?

MR JANTJIE: That is so, Chairperson.

MR LAX: And what did you promise her?

MR JANTJIE: We promised her that we'll help her financially.

MR LAX: But did you make some enquiries of her about what her financial needs were, so that you would know how to help her?

MR JANTJIE: We did not ask her, Chairperson.

MR LAX: Well then how would you know what to help her with if you didn't know what her requirements were?

MR JANTJIE: Chairperson, she explained that she always received her money late and when it arrives, after she has spent some money for, distributed the money to other people, she's left with nothing for her own obligations.

MR LAX: Yes but Sir, if you're trying to convince someone that you want to help them financially, surely you've got to know what their need is, how much you have to get to help them. And surely you as a Security policeman would have to know that you'd have to put in a requisition for a certain amount of money in order to be able to convince this person that you are actually helping her?

MR JANTJIE: That is so, Chairperson.

MR LAX: Well how were you going to put in a requisition if you didn't ask her what her needs were financially, you didn't ask her what her rental was, you didn't ask her how much she needed for bus fare or food or whatever?

CHAIRPERSON: No, rather not a requisition, rather how you were going to help her. Not a requisition.

MR LAX: No, no. In order to get the money you would have to requisition it from your office. You weren't going to help her out of your own pocket, you were going to have to get State money to pay her to carry on with this pretence that you were MK people helping her, isn't that so?

MR JANTJIE: The money to help her will come from the office.

CHAIRPERSON: Which office?

MR JANTJIE: In Ladybrand, Chairperson.

MR LAX: And in order to take that money from the office in Ladybrand, you have to fill out documentation. You've got to get approval.

MR JANTJIE: That is so, Chairperson.

MR LAX: Now my question is this, in order to put in a report in order to requisition the correct amount of money, you've got to say: "Look, we need the money for this and this purpose, this is your potential informant or informer, we're working on a recruitment, this is how much we need to convince this person that we're genuine". It's logical.

MR JANTJIE: Yes, I agree with you, Chairperson.

MR LAX: Well how were you going to do that if you didn't ask her what her needs were? You didn't have any idea of how much would be an appropriate amount.

MR JANTJIE: Chairperson, I would talk to Mr Jagga and we would agree about the amount that we think, when we request it we will get it, so that we give her that amount of money.

CHAIRPERSON: We will take a tea adjournment at this point, for 15 minutes.

ON RESUMPTION:

LESIZI MICHAEL JANTJIE: (s.u.o.)

MR LAX: Mr Jantjie, before we broke, we were just dealing with the question of how you were going to help Betty Boom and I was asking you some questions about requisitioning money. The primary question is this - you have told us that you didn't enquire as to what her financial needs were at all. You have also told us that you would need to requisition the money. How were you going to know what to requisition and what would be an appropriate amount if you hadn't enquired this from her?

MR JANTJIE: Myself and Jagga would agree about the amount that we were going to request and we would tell the Betty about this. If she says that it is little, myself and Jagga, we would try again, using the same method.

MR LAX: But you see, your cover story to her is that you are her comrades and that you have money available? How is she going to believe you if you arrive with a small amount of money and she tells you it is not enough, then you will have to say "well, we will have to go back and get some more"? Surely she is going to think there is something funny going on here?

MR JANTJIE: She could think so, Chairperson.

MR LAX: Carry on, Mr Mapoma, thank you.

CROSS-EXAMINATION BY MR MAPOMA: (continued) Thank you sir. I will leave that.

MR MAPOMA: I understand you were a Warrant Officer during that period, is that correct?

MR JANTJIE: That is so, Chairperson.

MR MAPOMA: What was Mr Jagga's rank?

MR JANTJIE: He was also a Warrant Officer at that time.

MR MAPOMA: You were both reporting to Mr Robertshaw, is that so?

MR JANTJIE: That is so Chairperson.

MR MAPOMA: What was Mr Thulo's rank?

MR JANTJIE: He was a Sergeant, Chairperson.

MR MAPOMA: When you went to fetch Betty, it was the four of you, am I correct?

MR JANTJIE: That is correct Chairperson.

MR MAPOMA: When you were discussing with Betty at the farm, after having fetched her, were the four of you present?

MR JANTJIE: No Chairperson.

MR MAPOMA: Who was present and who was not?

MR JANTJIE: Those who were present was myself, Anthony Jagga. Those who were not present was Mr Robertshaw and Mr Thulo.

MR MAPOMA: Why were they not present?

MR JANTJIE: The decision that we made was that it should be myself and Mr Jagga who would be involved in recruitment.

MR MAPOMA: Why?

MR JANTJIE: That was our decision that we could not do this job of recruitment, the four of us, it is a job that can be done by two people.

MR MAPOMA: No, you had already recruited Betty, she was already your informer? When you were discussing with her in the farm, she was already your informer, you were no longer recruiting her. Why was it only you and Jagga who were present in discussing with her?

MR JANTJIE: It is because myself and Mr Jagga were going to be the people who will handle these people.

MR MAPOMA: Thulo was also a member of the Security Branch, is that so?

MR JANTJIE: That is so Chairperson.

MR MAPOMA: What about Tsolo?

MR JANTJIE: It is so, Chairperson.

MR MAPOMA: And Mkungulwa as well, was he a member of the Security Branch?

MR JANTJIE: That is so Chairperson.

MR MAPOMA: What was Mr Tsolo's rank then?

MR JANTJIE: I do not remember Chairperson, but I think he was a Sergeant at that time.

MR MAPOMA: Is he still in the employ of the South African Police?

MR JANTJIE: That is so Chairperson.

MR MAPOMA: Mr Mkungulwa, is he still in the employ of the South African Police Services?

MR JANTJIE: No Chairperson.

MR MAPOMA: Where is he, do you know?

MR JANTJIE: I do not know Chairperson, but I have heard that he might be in Lesotho.

MR MAPOMA: Where is Mr Tsolo stationed now, to your knowledge?

MR JANTJIE: He is working at Maseru Bridge border post, Chairperson.

MR MAPOMA: Who instructed Mr Tsolo and Mkungulwa to take Nomasonto's child to Vereeniging?

MR JANTJIE: It is Mr Robertshaw, Chairperson.

MR MAPOMA: Thank you Chairperson, that is all.

CHAIRPERSON: Thank you Mr Mapoma. Mr Visser, any re-examination?

MR VISSER: No re-examination, thank you.

CHAIRPERSON: Anything from the panel?

MR LAX: Thank you Chairperson. You told us that one of Betty Boom's main problems was that she wanted to go home, she was tired of the struggle, she wanted to go home?

MR JANTJIE: That is so, Chairperson.

MR LAX: Well, how was someone who wanted to go home and who was tired of the struggle, now suddenly going to be your informer and go back into Lesotho, away from her home, and carry on with the struggle for the other side?

MR JANTJIE: Chairperson, when we recruited Betty, we changed her mind that she should work for us, because we wanted to get information. That is the agreement between ourselves and her.

MR LAX: So she suddenly stopped being homesick and now she was imbued with a new fervour to fight the struggle again?

MR JANTJIE: Yes Chairperson, we agreed that she should go back to Lesotho, and she agreed.

MR LAX: Now, just to clarify Mkungulwa, what was his rank, we didn't get to that?

MR JANTJIE: He was a Sergeant, Chairperson.

MR LAX: Also a Sergeant? Okay. Now, just on the issue of that money that you were going to organise, you have told us that the maximum that you could organise at that stage was R250-00, is that correct?

MR JANTJIE: That is so Chairperson.

MR LAX: Well, how were you able to organise the R750-00 then, which you paid each of them before they left?

MR JANTJIE: Chairperson, if you allow me I would request an opportunity so that I can explain why we managed to get the R750-00, if the Chairperson allows me.

CHAIRPERSON: Yes?

MR LAX: We would be grateful to you if you could explain that.

MR JANTJIE: This amount, that is R750-00, each person was given not more than R250-00. In each request that you make to get money, sometimes you may give three requests, that would be approved. You would not make one request, for one person to the amount of R750-00. The reason why it was R750-00, it is because we made three requisitions, three different requisitions.

CHAIRPERSON: What about KK, did you agree to pay him when he worked for you, Ngono Mbulelo?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: You may proceed.

MR LAX: And you say you did pay him?

MR JANTJIE: Not as far as I can recall, Chairperson.

MR LAX: Why didn't you pay him?

MR JANTJIE: I do not remember the reasons why we did not pay him. I think in our next meeting, we would give him something.

MR LAX: I see.

CHAIRPERSON: Not because when you took him back to Lesotho, you never had contact with him?

MR JANTJIE: Yes Chairperson, we never met him again.

MR LAX: Now, just with regard to Nomasonto, what would you have done with her if she had refused to become an informer?

MR JANTJIE: We would take her back to Lesotho, Chairperson.

MR LAX: And you wouldn't prosecute her, either?

MR JANTJIE: No Chairperson, we would not do that?

CHAIRPERSON: Why not, when your duty was to track down these MK members who were giving South Africa a problem? Why get hold of an MK member and recruit that person, and when that person refuses, you take that person back, why? Is it not defeating the very purpose of your duties?

MR JANTJIE: Chairperson, I would also request the Chairperson to give me an opportunity so that I can explain why we took Nomasonto back to Lesotho, even though she would have refused to work with us.

CHAIRPERSON: Yes, come with that.

MR JANTJIE: During those years, between 1965 until 1970, in Ladybrand, before I worked for the South African Police, what I heard from the office was that other members were working for the Security Police, abducted a certain refugee from Lesotho, who was Solomon Mungay, they brought him to South Africa.

When they arrived in South Africa, they tried to prosecute him. The international law were against the idea that Solomon Mungay should be prosecuted in Lesotho because he was not arrested in South Africa, but he was abducted in Lesotho. The reason why we returned Nomasonto to Lesotho, it is because we did not have the powers or the law would not allow us, to prosecute her in the Republic of South Africa as we did not arrest her in South Africa, we abducted her in Lesotho. Therefore we did not have the powers to do so, Chairperson.

CHAIRPERSON: Why waste your efforts to track these people down and take them into the country and take them back, why waste your efforts?

MR JANTJIE: Chairperson, we went to fetch these people because we wanted to recruit them, so that they could divulge some information to us.

MR LAX: Why not rather do this, which is what you people often did, why not hand them back to the Lesotho Police to prosecute them, or alternatively to have them deported back to Zambia, Tanzania, Angola, wherever? That way they are out of your hair, and you have inconvenienced the ANC and MK? Surely that was the logical thing to do if you could not prosecute them?

MR JANTJIE: Chairperson, we did not have the powers to tell the Lesotho government to prosecute somebody only because they are a member of the ANC or the PAC or he was a refugee.

MR LAX: Well, with the greatest of respect sir, Mr Ngono was found with a handgrenade, even on your evidence, that couldn't have been lawful in Lesotho to be in possession of a handgrenade? Why didn't you hand him back to the Lesotho Police?

MR JANTJIE: We did not do that Chairperson, because our main aim was to recruit Mr Mbulelo Ngono.

MR LAX: I see. When did you join the Security Branch, just remind me, please?

MR JANTJIE: In 1977 Chairperson.

MR LAX: And this was in 1987, so at this stage you had been in the Police Security Branch for 10 years and you were a Warrant Officer?

MR JANTJIE: That is so Chairperson.

MR LAX: You had been working with, were you working on the ANC Desk, were you a field worker connected to that desk?

MR JANTJIE: That is so Chairperson.

MR LAX: You would therefore have had fairly extensive knowledge of the ANC structures?

MR JANTJIE: That is so, Chairperson.

MR LAX: You would have known about their Regional Political Military Council?

MR JANTJIE: That is so, Chairperson.

MR LAX: You would have known about the different machineries that were operating from Lesotho?

MR JANTJIE: That is so Chairperson.

MR LAX: You would have also had other knowledge about other areas that were related, because people moved from area to area?

MR JANTJIE: That is so, Chairperson.

MR LAX: You would have had knowledge of the South African Communist Party, because many of the ANC members were Communist Party members?

MR JANTJIE: I did not have knowledge of the South African Communist Party, Chairperson.

MR LAX: Are you serious?

MR JANTJIE: Yes Chairperson.

MR LAX: Did you have knowledge of MK?

MR JANTJIE: Yes, I did.

MR LAX: What was the Free State machinery?

MR JANTJIE: There is nothing that I remember about the Free State machinery. The only thing that I know is that there was a Free State machinery in Lesotho, Chairperson.

MR LAX: You cannot be serious?

CHAIRPERSON: You had contact with Betty Boom, was that not some of the information you had to get out of her, about the Free State machinery?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: Did you attempt to get that other than be interested that she should be your informer?

MR JANTJIE: No Chairperson, we tried to get from her how the Free State machinery operated. When I say I know nothing about the Free State machinery, I am saying that apart from this people that we went to fetch in Lesotho, those are the other people that I know. There are no other people that I know.

CHAIRPERSON: The question is did you not ask how the Free State machinery was operating from the Commander or the other two, Betty Boom? This was an opportunity for you to find out precisely how it operated, or what it was like?

MR JANTJIE: Chairperson, I do not recall everything.

CHAIRPERSON: What is that which you don't recall?

MR JANTJIE: When I say I do not recall, I mean that I cannot specifically say what she told us about the Free State machinery, because what she told us, we would write it down and send it to Bloemfontein, and then in Bloemfontein they would distribute this information to other offices and in those offices, they will take action against those people, either arrest them or do something against them.

CHAIRPERSON: Mr Jantjie, you recall that during those years, there was a heavy onslaught from the liberation movements into South Africa, you recall that?

MR JANTJIE: Yes I do, Chairperson.

CHAIRPERSON: And you might have heard because of this heavy onslaught, places like Lesotho and Botswana were raided by the South African Defence Force?

MR JANTJIE: That is so Chairperson.

CHAIRPERSON: And from Betty Boom you were able to at least get somebody who was operating in the Cape, who was eventually arrested?

MR JANTJIE: Yes Chairperson.

CHAIRPERSON: And the purpose of the Security Branch in Ladybrand was to sift out these people in Lesotho, so that at least the Free State should be guarded against this onslaught?

MR JANTJIE: Yes Chairperson.

CHAIRPERSON: You get information, you don't pay particular attention to this information, you rather send it to another office of the Security Branch, is that what I am understanding from you?

MR JANTJIE: Yes Chairperson.

CHAIRPERSON: And how did you think you would get further information if you did not understand the machinery that operated within the Free State?

MR JANTJIE: May you please repeat the question, Chairperson.

CHAIRPERSON: How would you track down the other insurgents for the treat that emanated from Lesotho, if you did not know the machinery that operated within the Free State?

MR JANTJIE: Like I am trying to explain Chairperson, the information that she gave to us, we would take this information to Bloemfontein. We would not be able to get other people, unless we get information from Betty, I don't know whether I have answered your question, Chairperson.

CHAIRPERSON: You may proceed, Mr Lax.

MR LAX: Do I understand you correctly that you didn't really know anything about the Free State machinery? This was your first breakthrough?

MR JANTJIE: No Chairperson.

MR LAX: Mr Jantjie, please, we are not children here. You are a senior black Security Policeman, you must have known the complete structure of the Free State machinery in order to do your work, isn't that so, otherwise you wouldn't know who you were recruiting, where they fitted into the picture, what kind of information to expect from them, isn't that so?

MR JANTJIE: It is so Chairperson.

MR LAX: Yes? And isn't it so that the Free State machinery consisted of a number of cells, not just one cell?

MR JANTJIE: Chairperson, we only knew Betty's cell.

MR LAX: I am asking you about your general knowledge of the structure. Every machinery consisted of many cells, not just one cell? How were three people going to operate in the whole of the Free State as the machinery? You can see how absurd your statement is, can't you?

MR JANTJIE: It seems like that Chairperson, but what I know is that we were able to know about Betty's cell. She gave us two names of the people that she knew in Bloemfontein.

CHAIRPERSON: May I just interpose Mr Lax? Mr Jantjie, you were the only black person within Ladybrand who worked for the Security Branch, isn't that so?

MR JANTJIE: No Chairperson.

CHAIRPERSON: Was there another Jantjie?

MR JANTJIE: No, I was the only Jantjie Chairperson.

CHAIRPERSON: I will tell you why I am asking you this. On Monday we had the application of Henri van der Westhuizen who worked for the Military Intelligence. He implicated you in a sense that he at some stage went to Ladybrand and amongst the people he met at Ladybrand was Warrant Officer Jantjie. Just hearing of the surname, I mistook you for white and he said no, black. You, him, Boshoff, Nortje, Snor Vermeulen went into Lesotho. You and other black colleagues were in a separate car, going to find out about ANC members at a certain house in Lesotho, and you black Security Police shot at those people, or there was an exchange of fire between you and the others, do you know Mr Henri van der Westhuizen?

MR JANTJIE: Chairperson, I do remember this name, because the Security Branch office in Ladybrand was frequented by many white policemen, so I cannot say that I don't know him.

MR LAX: Just to give you a picture of who he was, he was a special guy that came to help your branch. He came to help your branch develop target structures. He was a specialist on the ANC, within Special Forces, Military Intelligence and he specifically came to Ladybrand to work with your members. Why should he mention your name as being part of an operation?

MR JANTJIE: If Chairperson will allow me, and give me a chance to explain about the people who were sent by Pretoria to Ladybrand to go and investigate about the ANC people in Lesotho.

MR LAX: No, no, he wasn't sent for that purpose. He was sent to assist your people with Intelligence information, to help you develop better Intelligence structures and better co-ordinated Intelligence structures. Do you understand?

MR JANTJIE: Yes, I do understand Chairperson. Can I be granted an opportunity to explain?

MR LAX: Let me just finish. He worked in your office for six months, he was based in your office in Ladybrand for six months at least. You don't remember the man?

MR JANTJIE: I have already said Chairperson, if I can see van der Westhuizen, maybe I will be able to recall him, because at our office at Ladybrand, I have never worked with a Mr van der Westhuizen. That is why I said I wanted to explain about those people who were sent to Ladybrand from other places, how they operated there.

CHAIRPERSON: Before you do that, let me give you a complete picture of what Mr van der Westhuizen said to us.

He said even Eugene de Kock was a frequent guest at Ladybrand, did you ever see Mr de Kock visiting you people there, Mr de Kock, the famous one from Vlakplaas?

MR JANTJIE: Yes, he frequented that office, Chairperson.

CHAIRPERSON: Did you know of his escapades or visitations into Lesotho, that is Mr de Kock?

MR JANTJIE: No Chairperson, but I knew that he was one of the people who were tracking down the MK people.

CHAIRPERSON: Tell us about what you know about the people sent from Pretoria to Ladybrand.

MR JANTJIE: Put it this way Chairperson, these people were sent from the outside, who were sent to come and assist us, or to get information that we had in our office, they would meet with the person who was the Head of our Branch and he was the person who would sit down with them and discuss everything with them regarding the information that we have collected from Lesotho.

Then if they wanted to make questions, they would ask our Head and our Head would direct those questions to us. We would in turn give Mr Fouche the answers or the information that he had requested. Mr Fouche was our Head at that time. The reason why we could not have a direct link with these people from outside Ladybrand was that at some point one of the people who was working for the Military Intelligence, arrived at Ladybrand and he tried to recruit black people who were working as securities, to give him information directly. We told our Head about that person from the Military Intelligence and that is the reason why we were told that we should not have direct contact with these people from outside our office.

CHAIRPERSON: He actually mentioned Mr Fouche, that one of the people who was Head of Ladybrand Security Branch was Mr Fouche, so it would appear his evidence is credible in that instance?

MR JANTJIE: Mr van der Westhuizen, in his statement he would mention the names of the people that he knew or he knows in Ladybrand, that does not mean that the statement that he made, is correct. That is my understanding, Chairperson.

CHAIRPERSON: During the period in question, even during the period in question that you are talking about, he says he was stationed, he was for six months in Ladybrand, the period in question?

MR JANTJIE: Chairperson, I would not say van der Westhuizen was stationed at Ladybrand, because you would see him today and the next day he is no longer there, and on the third day, he would come back. So that to me ...

CHAIRPERSON: How are you able to say that, because you said you will only know Mr van der Westhuizen if he can be brought before you, how could you now say that he would be there for three days and then he wouldn't be there, how are you able to say that?

MR JANTJIE: I say so Chairperson, because that is what he was doing. He would disappear for a day or three days.

CHAIRPERSON: Did you know him?

MR JANTJIE: Yes, I used to know him there. He used to visit our office.

MR LAX: Then why did you tell us you didn't know who he was, you couldn't even recognise him, you would have to see him first?

MR JANTJIE: I am saying that the last time that I saw van der Westhuizen was when I was still employed by the South African Police, but when he can be shown to me, I would be able to recognise him.

CHAIRPERSON: In any event, I just wanted to apprise you of the evidence that we heard from him on Monday.

MR LAX: Just to get back to the machinery, so you are telling us that until you met Betty Boom, and she began to give you information about the Free State machinery, you didn't know anything else about the Free State machinery?

MR JANTJIE: Chairperson, it could happen that the information that we got from other offices of the Security Branch in the country, we would get information about the Free State machinery.

MR LAX: Well, then why do you keep saying you didn't know anything about the Free State machinery until you met her and she gave you the information?

MR JANTJIE: I said I have a suspicion that from the newspapers that we used to receive at our office, we used to read about the Free State machinery, its existence.

MR LAX: You've got to be joking now, sir?

CHAIRPERSON: Please, please. The ANC would give the newspaper what their machinery is, what in the Free State? Please? Is this not information gathered by the Intelligence community of the South African Republic's regime?

MR JANTJIE: Chairperson, I was saying these newspapers were sent from the offices of the Security Branch.

MR LAX: So did the ...

CHAIRPERSON: Oh, memo's in other words?

MR LAX: No, no, he said ...

CHAIRPERSON: Communications between the various departments of the Intelligence community, that is what you are referring to?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: I understand the unfortunate choice of words. I am with you, thank you. You may proceed, Mr Lax.

MR LAX: In those memo's and news, or information bulletins, you would get a description of the structure of the Free State machinery?

MR JANTJIE: I do not recall well, but it could be so Chairperson.

MR LAX: Yes. The fact of the matter is though that Betty Boom wasn't the Commander of a cell, she was the Commander of a machinery, isn't that so?

MR JANTJIE: It is so Chairperson.

MR LAX: Why do you refer to her as the Commander of a cell, rather than as a Commander of the Free State machinery? In all your applications, each one of you refers to her as a Cell Commander, not as a Commander of the Free State machinery, why is that? There is a big difference, isn't there?

MR JANTJIE: There is, Chairperson.

MR LAX: Can you explain why you have only referred to her as a Commander of a cell?

MR JANTJIE: According to me, the person who was the Commander of a cell, was the same person who was the Commander of the machinery.

CHAIRPERSON: What level of education have you obtained, Mr Jantjie?

MR JANTJIE: Up to standard 7, Chairperson.

CHAIRPERSON: Thank you.

MR LAX: But you have passed all sorts of Police exams to become a Warrant Officer?

MR JANTJIE: I never wrote even a single exam, Chairperson.

MR LAX: I see, so you were just promoted?

MR JANTJIE: That is so, Chairperson.

MR LAX: You can read Afrikaans?

MR JANTJIE: That is so, Chairperson.

MR LAX: You can certainly understand it and speak it?

MR JANTJIE: That is so, Chairperson.

MR LAX: You are not exactly an illiterate person, are you?

MR JANTJIE: That is so, Chairperson.

MR LAX: Now, you told us earlier in your evidence that you didn't know anything about the cell members?

MR JANTJIE: That is so, Chairperson.

MR LAX: How could you have told us when you were being cross-examined, that you knew they were highly trained members of MK?

MR JANTJIE: Chairperson, I said members of the MK had military training.

MR LAX: No, no, that wasn't the evidence. The evidence was that they were highly trained, and I made a note of that because it struck me as rather peculiar that on the one hand you would say you didn't know anything about these people, and then you should say that they were highly trained.

MR JANTJIE: As far as I am concerned, Chairperson, each and every person who have been trained as MK, or who was a Commander of the machinery, it must be the person who did not only receive military training.

MR LAX: We are not talking about the Commander, we are talking about the other two, and (indistinct) for that matter. We cannot hear?

MR JANTJIE: May you please repeat the question again, Chairperson.

MR LAX: Sure. Can you explain this to me, we can assume that a Commander would be highly trained, that I don't have a difficulty with that. But you said you knew nothing about the others, the cell members? Then how could you know that they were highly trained, if you knew nothing about them?

MR JANTJIE: Apart from what I read from the bulletins or newspapers or hearing from him, that was the only way I could know how he was trained.

MR LAX: So you didn't know that they were highly trained?

MR JANTJIE: That is so, Chairperson.

MR LAX: Now, at page 11 of the papers, in your amnesty application, you say that you went to Roma, you and Thulo went to Roma to fetch Ngono, in the fourth paragraph, second and third lines.

and that is a reference, "hom" is a reference to Ngono.

MR JANTJIE: That is so Chairperson.

MR LAX: Well, you went there to recruit him, not to fetch him? Why do you give the wrong impression in your amnesty application?

MR VISSER: With respect Chairperson ...

CHAIRPERSON: No, no.

MR VISSER: Let's just read the ...

CHAIRPERSON: Pages 15 and others, there it is expanded.

MR VISSER: But apart from that, Chairperson, if one reads paragraph 11, he says -

MR LAX: With the greatest of respect, Chairperson.

MR VISSER: It does not say Chairperson, with respect, that we went there with the view of going to fetch him. It does not say that, that is the question being put to this witness, and it is an unfair question.

MR LAX: The question with the greatest of respect, Mr Visser, is put on the premise that their instructions were to recruit him and on that basis, that your instructions were to recruit him, why do you say in your amnesty application, that you went there to fetch him and there is quite a substantial difference between going there to recruit somebody and then changing your mind and then having him arrested, and going there simply to fetch him. The impression created in going there to fetch him, is that it was your instruction to go and fetch him, and that is quite different?

MR VISSER: That is a different matter, Chairperson.

MR LAX: And that is in that context that I was asking the question.

MR VISSER: Yes, that is a different matter, Chairperson.

MR LAX: Will you explain this to me, please?

MR JANTJIE: Chairperson, I explained that on our way to Roma, Mr Robertshaw said to us we should recruit Mr Ngono. On our way, myself and Mr Thulo, we decided that it would be easier for us to take Mr Ngono with us because we had already realised that we can use the same method that we used before at the farm, and this is the only reason why we decided to take Ngono to the farm.

MR LAX: Well, you see, your amnesty application does not say that? Your amnesty application gives the impression that you were going to use the same method as before, that you were going to fetch him and take him to the farm, and that is very different to what your instructions were. Please explain this to us.

MR JANTJIE: Chairperson, really, I do not have another explanation apart from the one that I have already given. Apart from reaching a decision, myself and Mr Thulo, that we should fetch him and take him to the farm.

CHAIRPERSON: Did you have a discretion in your operations?

MR JANTJIE: Yes sir. Sometimes we would be told that we can use our own discretion, as long as it would bring benefits.

CHAIRPERSON: You did not have to execute instructions to the letter as given by Mr Robertshaw?

MR JANTJIE: That is so, Chairperson.

MR LAX: You see the problem for me, is a different one. I accept that you had discretion, what I find difficult is in your amnesty application, you give a completely different picture of the plan? You don't say that you changed your mind midway through and then decided to follow a different plan? You say the plan was simply to abduct him and take him there, on the same basis as the others? Do you see the difference? I accept that you cannot explain it, but can you see the difference?

MR JANTJIE: Yes, I do Chairperson.

MR LAX: Now, my last set of questions go around this issue. It has sort of been covered a bit before, so forgive me for covering ground that has already partly been covered, but I want to deal with them in a composite way.

How did you discover that there were security concerns about Betty Boom, how did you first discover that?

MR JANTJIE: Chairperson, the person who was our informer, is the one who gave us that information.

MR LAX: And then, what did you do about that?

MR JANTJIE: We discussed that with our superior and thereafter Betty confirmed that.

MR LAX: And then based on that understanding, you hatched a plan to appear to abduct her to South Africa, is that right?

MR JANTJIE: That is so, Chairperson.

MR LAX: And the purpose of that plan was to give her credibility and to avoid the suspicions pertaining to her? Do I understand that correctly?

MR JANTJIE: That is so, Chairperson.

MR LAX: Now, who was suspicious about her?

MR JANTJIE: Chairperson, the information that we got from our informer was that those were the people who lived with her in that area.

MR LAX: They were the people who lived with her in that area? Is that correct?

MR JANTJIE: I am referring to the people in the neighbourhood, her neighbours or the persons in the same street, in that way, Chairperson. That is so Chairperson.

MR LAX: Just for the record, the Chairperson said the Lesotho citizens, and he confirmed that. That wasn't translated for us, unfortunately.

MR JANTJIE: He said so Chairperson.

MR LAX: I beg your pardon?

INTERPRETER: He said so, that is correct Chairperson.

MR LAX: Yes. What wasn't translated was the Chairperson's words, which formed the basis of which he said "that is correct". What the Chairperson said, I just wanted it recorded, is the Basotho's.

INTERPRETER: Yes, Chairperson said Basotho's there, that is correct, that is Lesotho citizens.

MR LAX: These were the people in the neighbourhood where she lived?

MR JANTJIE: That is so, Chairperson.

MR LAX: Did she say why they were suspicious?

MR JANTJIE: Are you referring to our informer, Chairperson?

CHAIRPERSON: Yes, that is the information that came from the informer.

MR JANTJIE: No, he said to us that there is a rumour that the people in the neighbourhood suspect that Betty was working with the people from the Republic of South Africa who were policemen.

CHAIRPERSON: What did they know about Betty, that is the neighbours, according to your informant?

MR JANTJIE: According to our informer, Chairperson, there were people who knew that Betty was not a Lesotho citizen, she was from the Republic and she was a member of the ANC.

CHAIRPERSON: Why do you say, before you proceed, why do you say it would appear?

MR JANTJIE: I am referring to the report that we received from our informer, Chairperson.

CHAIRPERSON: Did they know or did they not know that Betty was in exile and she was a member of the ANC and in this respect, belonging to the military wing? Did those people know that?

MR JANTJIE: They were suspicious Chairperson.

MR LAX: We are not asking whether they were suspicious, surely the people who she lived with, the neighbours must have known that and that would have been the information that your informer would have relayed to you?

MR JANTJIE: I will answer this way, Chairperson. According to our informer, the people were suspicious that Betty was working with the police from the Republic of South Africa.

He did not tell us that they know.

CHAIRPERSON: Did the other two comrades know, that is Nomasonto Mahleha and Tax Janaman?

MR JANTJIE: They learnt about that at the farm, Chairperson.

CHAIRPERSON: Just in fairness to you, when you were questioned the day before yesterday, you said even the comrades suspected her and that is what you got from the informer and I actually expressed surprise, do you recall that?

MR JANTJIE: I do not remember Chairperson.

CHAIRPERSON: I said when you came and said your informer had told you that Betty has been suspected, the question arose "by whom" and you said - I will come to you, if you will give me a moment, I will find it.

MR VISSER: You don't have to find it Chairperson, I agree, he said the comrades, the other ANC people.

CHAIRPERSON: So it would appear my memory is still with me at this young age? You see what I mean, and now you are telling us that you found that out at the farm?

MR JANTJIE: I agree with you Chairperson, on this point. Maybe I have explained this issue in a different way, I was not supposed to have explained it this way, so I think I was not aware that I am giving the wrong explanation.

CHAIRPERSON: Let's get the proper explanation of who suspected Betty Boom.

MR JANTJIE: Chairperson, like I have just said the people in the neighbourhood were the people we were told had suspicions that Betty was working with the police from South Africa. When I go back to the issues surrounding the people who were members of MK, we took Betty to Ladybrand so that when we go, when we bring this other MK members, they should see that Betty is already there and is working for us, so that they do not have suspicions on Betty.

CHAIRPERSON: Let's just get this one clear. Did the other comrades suspect her of that, or was it expressed at the farm that they had such suspicions?

MR JANTJIE: No Chairperson, they did not have any suspicion on her.

CHAIRPERSON: I don't want to detract you from what Mr Lax is asking you. These people, the Basotho, the Lesotho citizens, who suspected that Betty Boom was working with South African Police, were you wearing uniforms across the border?

MR JANTJIE: No Chairperson.

CHAIRPERSON: Were you known when you were having these frequent excursions into Lesotho that you were South African Police by the ordinary citizens?

MR JANTJIE: Yes, most of the people in areas that we used to visit, knew us well.

CHAIRPERSON: This area which is four to five kilometres away, Detabaneng, did those people know you to be South African Police?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: Are you aware that I am referring to the area where Betty Boom was residing?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: When you approached Betty Boom and said "we were comrades, you would assist financially", she didn't know of your identity or suspected your identity at least?

MR JANTJIE: No Chairperson, she didn't know us.

CHAIRPERSON: Thank you Mr Lax, you may continue. I am sorry.

MR LAX: No, no, that is fine. Mr Jantjie, isn't it self-evident and a fact that if the neighbours suspected her of working with you, the only reason they would bother to have a suspicion or find anything untoward in it, is if they knew she was an ANC member? Otherwise, what was there to suspect?

MR JANTJIE: It is not so, Chairperson.

MR LAX: Well, then, what would they be suspicious about, what would the problem be, that she was working with you? Just explain that to me, because I cannot see it.

MR JANTJIE: It is because Chairperson, they knew that she was not a Lesotho citizen, she was a refugee from South Africa. They used to see us in that area where she resided.

CHAIRPERSON: Did you make contact with her in the area where she resided?

MR JANTJIE: Chairperson, if I am not mistaken, we did, but once. Although I am not sure about the number of times that we met her there.

CHAIRPERSON: How long before the "abduction" were you seeing Betty?

MR JANTJIE: It could be a day to two days Chairperson. I am sorry Chairperson, it can be three days.

CHAIRPERSON: No, no, don't misunderstand me because I may have been inelegant in posing my question. Over what period of time, that you had made contact with Betty in the mall in the OK Bazaars building?

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: That is now the time period that I am talking about, up to the stage where you abducted her? I don't want you to give me something precise, we are talking about a long time ago, an estimation would suffice for my purposes.

MR JANTJIE: It could be a month Chairperson.

CHAIRPERSON: Thank you.

MR LAX: And in addition to that month, you spent, I think if I remember correctly you said about three weeks keeping her under surveillance, three days, I beg your pardon?

MR JANTJIE: That is so Chairperson.

MR LAX: Now, please explain this to me, how would appearing to abduct her, give her credibility?

MR JANTJIE: Chairperson, we did that so that when people learn about her disappearance, people should know that she did not leave voluntarily.

MR LAX: Exactly. But even so, how would that give her credibility when you sent her back? Wouldn't they suspect her even more as a result of her being abducted? Because now it wasn't just suspicions of contact, now they had real knowledge that she had been abducted and wouldn't that confirm for them that she had been in your hands?

MR JANTJIE: No Chairperson, they would not have more suspicion on her, they would want her to explain the circumstances surrounding her abduction.

MR LAX: Yes, but now she would be required to explain two things. Firstly she would be required to explain why she had been seen in contact with you, correct? And secondly she would have to explain what she was doing while they abducted her and she was away for a whole week?

MR JANTJIE: That is so, Chairperson.

MR LAX: How would she explain that innocently, and that she is then released, which is even stranger?

MR JANTJIE: Yes, it is so Chairperson.

MR LAX: What possible explanation could she come up with in those circumstances, that would be acceptable to anybody with any intelligence?

MR JANTJIE: Chairperson, she would give an explanation that she was abducted and we tried to recruit her, and she refused.

MR LAX: I see. You know what that would then entail for her? What would the consequence of such explanation be?

MR JANTJIE: I do not know Chairperson.

MR LAX: Well, I will tell you what the consequences of such an explanation would be, seeing as you cannot even work it out for yourself. As a Security Policeman I would have thought that you would know this explanation. She would immediately be scrutinised by the DIS of the ANC, in all likelihood she would be returned to Lusaka immediately for a period of intensive interrogation. You see, we are not talking about an average MK cadre, who is just an happy-go-lucky footsoldier, we are talking about a Commander?

MK were very sensitive about their Commanders being recruited. I will give you an example, Thami Zulu was suspected in Swaziland, you know about Thami Zulu?

MR JANTJIE: I do not know him, Chairperson.

MR LAX: Thami Zulu was Head of the Natal machinery, in an equivalent position to Betty Boom and when they suspected him, they immediately sent him to Lusaka and he had a very rough time there. You didn't expect that, did you? You just thought that her explanation would be acceptable?

MR JANTJIE: No Chairperson, we didn't expect that to happen to her.

MR LAX: Yes. Now, contrary to what you have told us today, you have told us in other evidence that her comrades suspected her and you have told us that the primary purpose of this plan was to abduct her so that you could use her as the bait to abduct her comrades, and recruit them. The purpose of that recruitment would be in essence to neutralise the threat that they posed to her. That is the plan as I understand it. Am I right?

CHAIRPERSON: Wouldn't he have retracted that after my questioning along those aspects?

MR LAX: I am just wanting to confirm whether he is agreeing or not.

MR VISSER: Yes, he said a lot of things, but Mr Lax, if he is wrong, in spite of Mr Lax' aggression, I will interfere. He is quite correct in what he has just put.

CHAIRPERSON: Yes, he has retracted that, I don't think that we should go back to that.

MR LAX: Well you see, if that isn't the plan, if the plan isn't to neutralise her comrades who know about her and who suspect her, then what was the object of the plan because that is the reason you gave us earlier for this plan? What different object was there?

MR JANTJIE: Chairperson, our objective was to neutralise those people who suspected Betty and we wanted to get information from different sources, that is the people who were working with her.

MR LAX: But you see the problem with the second part of your answer, to get information from different sources, the problem with that is that you have told us that she was going to be the channel through which they report to you, so that doesn't make sense? They couldn't give you anything more than she already knew and in any event, it would be channelled through her, so they couldn't possibly, the object couldn't have been to get information from them? Do you understand?

MR JANTJIE: I do understand Chairperson. I will explain. It could have happened, Betty knew something about the people who working with her. Maybe Tax Janaman could also meet somebody who belonged to the Western Cape machinery, and that is the kind of information that would add to the information that we would receive from Betty.

MR LAX: But Betty is the Commander of the entire machinery and you only needed one contact point?

MR JANTJIE: No Chairperson, like I have already explained that she would give us information about the people who were working with her and one of the people who was working with her, could also meet somebody who was working elsewhere and he could give that information to Betty. Although our only source would be Betty, but then we would have different channels that were bringing in the information to our source.

CHAIRPERSON: Are you not answering these questions with hindsight, now you know that this was highly placed person that your planning wouldn't have gelled?

MR JANTJIE: I agree with you Chairperson.

MR LAX: With regard to your informer, I am not going to ask you for his or her identity, but was the informer who told you about Betty, the same informer that told you about Ngono?

CHAIRPERSON: Ngono? You said Ngone?

MR LAX: No, I said Ngono?

MR JANTJIE: No, they are different informers, Chairperson.

MR LAX: And were those different informers also that you then approached to find out if the suspicions in the community had subsided?

MR JANTJIE: No Chairperson. There is only informer that told us about the suspicion, not this one that we used to get Ngono.

MR LAX: This informer of yours, was it a person placed within the structures of the ANC or was it a person placed within the structures of that community?

MR JANTJIE: He was just a Lesotho citizen, Chairperson.

MR LAX: And the one about Ngono?

MR JANTJIE: He was also a Lesotho citizen.

MR LAX: These border guards that you kept passing on a daily or weekly basis, did they know that you were policemen?

MR JANTJIE: Yes Chairperson.

MR LAX: So, if they saw you with other people in your vehicle, they would have assumed that these were people you were taking out of the country, because you were policemen?

MR JANTJIE: No Chairperson, because they knew us, they would not bother to know who the people were who were with us. We would just pass through because they knew us, that is on the Republic side and on the Lesotho side.

MR LAX: Weren't they worried that you might be arresting Lesotho citizens, taking them out of the country to another jurisdiction where you didn't have any authority over them? MR JANTJIE: No Chairperson.

MR LAX: And they wouldn't want to enquire about that?

MR JANTJIE: No Chairperson, they did nothing.

MR LAX: I see. Let's go to Roma University and the police station near there. Who was Commander of that police station?

MR JANTJIE: I don't know Chairperson.

MR LAX: Do you say you don't know or you just don't remember?

MR JANTJIE: I don't know Chairperson.

MR LAX: Well, how did you establish contacts with policemen in that police station to gain their co-operation to help you with an operation like this one?

MR JANTJIE: I will explain this way, Chairperson. The Lesotho police or the police who were stationed at the places near Maseru, most of the time were the people who were close to our Commander and they used to come and attend the braai, party, at Ladybrand. We would do likewise when they made braais in their areas, we would be invited.

In that way I was trying to know them better, so that when I go to those places, I know certain people there, so that I can say "do you remember me"? If that is the person that I met before, then I will make my request to him. That is how we got to know the Lesotho police and that is why they helped us.

CHAIRPERSON: Wouldn't it be that you say "hi Motata, it is me", simply just go to a stranger and say "do you remember me"? Why can't you say "hi Motata, do you remember me"? That is what my colleague is trying to get at here?

MR JANTJIE: Chairperson, I have a problem in remembering people's names, but we had codenames or we used to call ourselves "swaer", that was the name that we used amongst ourselves, that was the people in the Republic and the people in Lesotho. Most of the time you will meet many people and it would not be easy to remember his name, so you just say "swaer", and then you continue with your discussion with the people.

CHAIRPERSON: But wouldn't you think this is of importance, and I am speaking of Lesotho, correct me if I am mistaken, that is not a big country like South Africa and not to know everybody, but at least to know the Commanders of those few police stations in Lesotho, for the nature of the work that you are doing? Wouldn't that be important, at least? I am not saying know the whole Police Force, but the Commanders of the police stations?

MR JANTJIE: Yes, that would be important Chairperson, but we were not working with the Station Commanders, we were working with people who were in the same field as us.

CHAIRPERSON: So these braais were - you issued cordial invitations, excluded Commanders of the police stations?

MR JANTJIE: Yes, Chairperson, we would not invite the Station Commanders.

CHAIRPERSON: Thank you, you may proceed, Mr Lax.

MR LAX: So this was an informal arrangement, it wasn't a question of co-operation between the two Police Forces on a formal level?

MR JANTJIE: I would say so, Chairperson. Sometimes you will find that my Commander would have contact with the Commander in Maseru or maybe with somebody in the Headquarters of Maseru, so you would not invite people yourself. That is how the braais were arranged.

CHAIRPERSON: Let's talk of Roma. Was that Commander ever invited? Let's not talk about generalities, we will take a very long time, because these are the generalities, you would agree with me, won't help us, because we are speaking of a specific case where somebody was abducted?

MR JANTJIE: Yes, I agree with you Chairperson, I did not know the Commander at that station.

CHAIRPERSON: Thank you.

MR LAX: Did you know that there were formal Committees established in which the Security Forces and the Police of Lesotho met with representatives of the Police and Security Forces of South Africa on a regular basis to exchange information? You didn't know that?

MR JANTJIE: I know only one Committee that was established.

MR LAX: What was that Committee?

MR JANTJIE: Although I don't know the name of that Committee, but I know there used to be meetings to share information, that is between the Commander of the Special Branch in Ladybrand and the Military Intelligence of Lesotho.

MR LAX: Mr van der Westhuizen was part of that Committee, one of his jobs was to serve on that Committee, together if my memory serves me correct, and I wouldn't want to impugn him incorrectly, and the Chair can correct me, but I understand your Commander was also a member of that Committee?

CHAIRPERSON: Not his Commander per se, the Head of the Branch?

MR LAX: Yes, Mr Fouche?

CHAIRPERSON: Yes, Mr Fouche, not Mr Robertshaw, because Mr Robertshaw was your Commander, direct Commander, would I be right?

MR JANTJIE: I used to report to Mr Robertshaw because he was the second in command after Mr Fouche. It is true, Mr Fouche as my Commander, used to attend those meetings.

CHAIRPERSON: I was just clearing it up so that there is no misunderstanding.

MR LAX: So, you just happened to find any old two policemen at the police station that day, who you vaguely recognised and said "hi 'swaer', we've got a job to do, we want you to help us"?

MR JANTJIE: Like I have explained Chairperson, I had a problem in remembering people's names ...

CHAIRPERSON: No, no, not go back to that. He is just, he is asking you this question having that in mind, that is why he said "hi 'swaer', I've got this problem, would you assist me", he is answering in the background that you have given. Don't go back to it.

MR JANTJIE: That is so, Chairperson.

MR LAX: How did you know those two policemen would help you to arrest somebody?

MR JANTJIE: We already knew those people, but even though they refused, we would just go back.

MR LAX: But why would you go back? Why did you need their help to do the job at all?

MR JANTJIE: We had already decided, myself and Mr Thulo, that we were going to take Mr Ngono to the farm, because we decided that we are not going to recruit him there, that is at the University of Roma.

MR LAX: You see, what if these policemen were good Lesotho policemen and they decided "hang on a second, we cannot get involved in this sort of nonsense, we are taking a refugee, we are handing them over to our neighbour. He has committed an offence here, he should be tried and arrested in this country?" It was possible that one of them might have said that to you, isn't it?

MR JANTJIE: I would not say so, but let me explain. I would request the Chair to allow me to explain this issue.

CHAIRPERSON: You know what, I now experience problems and I'm saying this with your best interest, that you are prolonging the clarifications they need from you, by introducing a lot of things. You know some of the answers or questions I've listened to needed a yes or no, but you want to give us this lots of background and out of that background more questions are asked around that background. But I would not deny you that, but I want to alert you why you're now being asked questions for two days, that you are the source of this and it is not my wish that somebody should be asked questions this long. But I'll allow you, if you so wish, to give those background explanations you wish to give.

MR JANTJIE: Chairperson, I have heard what you say and I would retract that explanation. May I please request the question from Mr Lax.

MR LAX: It's very simple. How did you know those people would cooperate with you?

MR JANTJIE: We didn't know, Chairperson.

CHAIRPERSON: Probably the aroma of the meat would make then cooperate.

MR JANTJIE: Maybe, Chairperson.

MR LAX: Weren't you taking a risk that they might turn around and say to you: "What on earth do you think you're doing here, you can't do a thing like that?"

MR JANTJIE: No, Chairperson.

MR LAX: So what you're saying is in essence is that you could operate with impunity in Lesotho, 'cause you had nothing to worry about, nobody would do anything to you?

MR JANTJIE: That is so, Chairperson.

MR LAX: Now these two policemen came with you to search this place.

MR JANTJIE: That is so, Chairperson.

MR LAX: What did they do with the handgrenade?

MR JANTJIE: We left it there, Chairperson at the police station.

MR LAX: You didn't find out whether anyone was prosecuted for its possession?

MR JANTJIE: No, we did not, Chairperson.

MR LAX: When you never heard of Ngono again and he didn't contact you and you presumed that the recruitment had gone haywire, didn't go back to those policemen and say well, let's make a plan with him, let's arrest him, you have this handgrenade, at least get him deported, 'cause he's not cooperating?

MR JANTJIE: No, Chairperson, we did not go back.

MR LAX: You never made any efforts to look for him in Lesotho?

MR JANTJIE: No, Chairperson.

MR LAX: Thanks, Chair.

CHAIRPERSON: Nor did you ask your informer, that is the one who informed you about KK, to say "what has happened to KK?"

MR JANTJIE: No, Chairperson, we did not ask.

CHAIRPERSON: Thank you, Mr Lax. I see we have just gone five minutes past one, we would adjourn for lunch at this juncture, until 2 o'clock.

LESIZI MICHAEL JANTJIE: (s.u.o.)

CHAIRPERSON: Thank you. Before we proceed with Mr Jantjie, I'm not certain about our availability tomorrow. In "our" I mean the legal representatives, because it would appear we are adopting a snail's pace. So I just wanted to enquire, because it would have been lovelier if we probably tried to conclude this matter, this application.

MR VISSER: Yes. Chairperson, Visser on record, we certainly share your sentiments and hopes. Two issues. On your question, yes, we will be available tomorrow. I was informed that my attorney was asked whether we would be available until lunchtime, because I know that Members of the Committee normally prefer to sit not later than 1 o'clock on a Friday, so that they could make their travel arrangements to get back to their homes within a reasonable time on a Friday afternoon, and I said yes of course we will be available, Chairperson.

The only issue - so that covers that. The only issue which we'll have to decide on before we adjourn is the issue of Mr Thulo, but I don't want to raise it now, I just want to mention it.

CHAIRPERSON: Whilst you are at it, Mr Visser, I looked at the medical certificate, it would appear that he had to go back to work today, according to the doctor, but he has to come back for a check-up or something. It's the 12th today.

MR VISSER: Well I was given to understand something slightly different, I was given to understand that he's in bed and he's going to be there until the 12th, which is today. But it might be that your reading of it is accurate. Is your suggestion that we must try and get him here tomorrow, Chairperson?

CHAIRPERSON: I said if it's possible, I mean I don't know, but it reads as follows:

MR VISSER: Yes, you're quite correct. What confused me is the next sentence which says he must return on the 21/10 for medical attention.

CHAIRPERSON: Ja, 11 or 12.

MR VISSER: But that could fit in with your reading of this, yes.

CHAIRPERSON: Ja, I said at some stage you can find out, because it would be desirable if we were to know.

MR VISSER: However, if we go at the same pace, there's no possibility even of thinking that he might come on tomorrow. But can we leave that decision until we adjourn this afternoon and see how far we get? If we can finish with both these witnesses, if something wonderful happens and we do that, then we can certainly try to get him here overnight and lead his evidence tomorrow.

Chairperson, and then the second issue is really, well the third issue is, is there some indication to you at this stage whether my learned friends on the other side of the room are going to call any witnesses, because that's going to influence the situation as well.

CHAIRPERSON: That's a good question, I'll pose it to them shortly, but let me find out about their availability tomorrow.

MR VISSER: Thank you, Chairperson.

CHAIRPERSON: Mr Mapoma, I won't ask you, you are with, well as long as I am here you are here. It's a given. Mr Malindi?

MR MALINDI: Chairperson, I will be available tomorrow, my learned friend, Mr Koopedi, is not available henceforth, for the rest of the afternoon, but he might be available tomorrow. In any event, I will be available tomorrow.

CHAIRPERSON: Just the last question raised by Mr Visser. Are you people going to call any witnesses?

MR MALINDI: Chairperson, we have seriously considered that question and there is a strong possibility that we will call at least four witnesses, who will be very short witnesses.

CHAIRPERSON: When you say that possibility, is it dependent on what you hear?

MR MALINDI: Chairperson, let me put it this way, we are going to call four witnesses to give very brief evidence, at least in chief, I think they would not last longer than fifteen minutes each.

CHAIRPERSON: Thank you. So we have an hour, we'll take it from 4 o'clock this afternoon, because I think at four we'll have an indication whether we pick up our pace or not.

MR MALINDI: As the Chairperson pleases.

CHAIRPERSON: Thank you, Mr Malindi. Mr Jantjie, when we adjourned you were asked questions by Members of my Panel.

MR JANTJIE: Yes, I do understand, Chairperson.

CHAIRPERSON: And my colleague on the right had indicated that he has finished asking questions.

MR JANTJIE: Yes, Chairperson. So we'll ask Mr Sibanyoni if he has any questions for clarification.

MR SIBANYONI: Thank you, Mr Chairperson, I do have.

Mr Jantjie, I take it that you fully know the purpose of this Act, the TRC Act, was it fully explained to you?

MR JANTJIE: Yes, Chairperson.

MR SIBANYONI: In other words, you are aware that you've got to tell the truth and then also you'll have to show us that what you did was politically motivated.

MR JANTJIE: Yes, I do, Chairperson.

MR SIBANYONI: And whatever, or how gruesome the act may be, as long as you comply with those requirements you may be entitled to get amnesty. You are fully aware of that?

MR JANTJIE: Yes, I do know Chairperson.

MR SIBANYONI: Okay. Let me start by following on what the Chairperson was asking you about the incident Mr Henri van der Westhuizen was talking about. He told us that during that operation you people brought back or abducted Simon Mogetla, otherwise known as Comrade Old Timer. Does it ring a bell to you?

MR JANTJIE: Yes, I do remember Mr Mogetla.

MR SIBANYONI: And when he was asked what eventually happened to Mr Mogetla, he said he was later sent back to Lesotho. Do you also remember it like that?

MR JANTJIE: Yes, I do remember that he went back to Lesotho, Chairperson.

CHAIRPERSON: Mr Sibanyoni, let me just - the precise name here. I seem to have heard you say Magetla and he's speaking of Mogetla.

MR JANTJIE: His name is Mageta.

CHAIRPERSON: Simon?

MR JANTJIE: Simon Mageta.

CHAIRPERSON: It would appear we are speaking about the same person. I just wanted to establish that. Did you know him as Old Timer?

MR JANTJIE: Yes, Chairperson.

CHAIRPERSON: Thank you.

MR SIBANYONI: So do you now recall the incident where he was captured and brought back to South Africa, to Ladybrand?

MR JANTJIE: I know little about Mr Mageta, his arrival at Ladybrand.

MR SIBANYONI: Were you part of the team which brought him back from Lesotho to Ladybrand?

MR JANTJIE: No, I was not part of that group, Chairperson.

MR SIBANYONI: Well according to Mr Henry van der Westhuizen, he says you were ...(intervention)

MR LAX: Sorry Chairperson, if I might just intervene. I think my colleague is maybe a bit confused in the sense that my recollection of Van der Westhuizen's statement was that Mr Jantjie went together with some of the Vlakplaas people to a house where a shooting engagement happened. However, another group of the same people had gone to Magetla's place and brought him back on the same evening and someone else had mistakenly thought the next morning, that Van der Westhuizen was partly responsible for bringing him back and congratulated him for that. And I think that's where the confusion happens. He then went on to say well, he didn't understand why he'd been congratulated and at a later time he'd got into trouble for being part of that.

CHAIRPERSON: Just for clarity, I've got a note here: "Mr Simon Mogetla (as he called him) was abducted by another team", not the team that went into Lesotho where you were part of what he said initially. Do you recall I said to you Mr Henri van der Westhuizen said you people left in two cars and your car proceeded to a house where there was a shoot-out and apparently this Simon was abducted, but not by those people who went in with Mr Henri van der Westhuizen, it was by another team. So in other words, it's that you were not part of the abduction of Mr Mageta. Okay? I just wanted to be absolutely clear.

MR JANTJIE: I do understand, Chairperson.

MR SIBANYONI: Thank you, Mr Chairperson, I stand corrected.

Now Mr Jantjie, on the occasion when Betty Boom was phoning Tax, were you with her or was she alone? When she was phoning to say there will be people coming to her, when she was making arrangements. Did she do it privately or were you present?

MR JANTJIE: We were with her, Chairperson.

MR SIBANYONI: You said you trusted her, were you always with her, or was there some occasions where she would be alone?

MR JANTJIE: We were always with her, Chairperson, apart from when she wanted to go to the toilet, because we only had the outside toilet and we let her go alone there.

MR SIBANYONI: Where was she living during the time she was at Ladybrand?

MR JANTJIE: She was there at the farm, Chairperson.

MR SIBANYONI: So what is the position, are there houses, if so, how many? On the farm.

MR JANTJIE: I remember that house, that is the main house, there was also one house that was used by the workers on the farm, if I'm not mistaken Chairperson.

MR SIBANYONI: So there were also workers staying in the same house you were using?

MR JANTJIE: No, Chairperson.

MR SIBANYONI: They were staying in their own houses on the farm?

MR JANTJIE: There was only farm worker who had his own house, not this one that we used.

MR SIBANYONI: You are unable to give us the name of the farm, but whenever referring to that farm, what were you people saying?

MR JANTJIE: We never mentioned the name of the farm, Chairperson, because the arrangements about this farm were made by somebody, not myself. That is Mr Jagga who would know, I think.

MR SIBANYONI: Right. These other people, that is Nomasonto, as well as Tax, what benefit would they have obtained for working for the police? How did you convince them, what would they benefit by working for the police?

MR JANTJIE: We promised them that we will pay them every month, depending on the information that they shall have given to us.

MR SIBANYONI: Were there any figures mentioned as to how much they would get?

MR JANTJIE: No, Chairperson, we did not mention or discuss any amount with them.

MR SIBANYONI: You said in case you failed to recruit these people you would have taken them back into Lesotho, if you fail to recruit a person you'll take that person back to Lesotho. How would you prevent that person from continuing with his or her activities, from continuing with the struggle?

MR JANTJIE: May you please repeat the question, Chairperson.

MR SIBANYONI: When you were asked that in case you didn't succeed to have these people recruited to work for the police, you would have returned them to Lesotho and just leave them. My question is, then how would you prevent them from continuing with the struggle?

MR JANTJIE: Chairperson, we would use our informers so that we know their activities in that country.

MR SIBANYONI: Right. Are you saying there was never an operation where you were part of it and Vlakplaas or Eugene de Kock was also present? Is that your evidence?

MR JANTJIE: Not a single one, Chairperson.

MR SIBANYONI: And you were a member of the Special Branch at Ladybrand?

MR JANTJIE: That is so, Chairperson.

MR SIBANYONI: Henri van der Westhuizen specifically said his task was to support the Special Branch at Ladybrand, what is your comment about his statement?

MR JANTJIE: I agree with what you say, Chairperson.

MR SIBANYONI: That you are aware that he was there to support the Special Branch?

MR JANTJIE: What I know about the people who used to come to the farm is that those were the people who would come and exchange information with us about the people, the MK people in Lesotho.

MR SIBANYONI: He also said very often whenever the Special Branch went into Lesotho, the Special Forces as well as Vlakplaas was giving them backup or was assisting them. What is your comment about that? In other words, there would be some joint operations between Special Branch, Special Forces, as well as the team from Vlakplaas. Like the one where there was some shoot-out, as well as where Mageta was abducted.

MR JANTJIE: Chairperson, I dispute that.

MR SIBANYONI: Have you told this Committee everything you know insofar as the incidents for which you are applying for amnesty? Have you given all the information, or is there anything which you want to say? Because if I may explain, this is your last opportunity, the Amnesty Committee is the last opportunity to tell everything which happened. What is your answer?

MR JANTJIE: That is so, Chairperson.

MR SIBANYONI: Thank you, Mr Chairperson.

CHAIRPERSON: Thank you.

Mr Jantjie, from which area did Ms Betty Boom come from, do you know?

MR JANTJIE: Yes, I do.

CHAIRPERSON: Where did she come from?

MR JANTJIE: She is from Bloemfontein, Chairperson.

CHAIRPERSON: I will tell you why I ask this, because on page 53 we have a statement by Buthelezi, Maj BB Buthelezi, commenced Maj BB Buthelezi, he says she vanished and if I follow you, you say she went back to Lesotho, but it would appear she was never seen there again. You can have sight of page 53/54 of the comments by BB Buthelezi.

MR JANTJIE: Yes, I do see that part, Chairperson.

CHAIRPERSON: And you are steadfast that she was returned to Lesotho?

MR JANTJIE: Yes, Chairperson.

CHAIRPERSON: After she said she was being recalled to Lusaka, have you heard of her again?

MR JANTJIE: We never heard anything from her or about her since the time she was called to Lusaka.

CHAIRPERSON: After you made contact with her and she agreed to work for the Security Police, the informer who initially told you about her, did he tell you what has happened to her?

MR JANTJIE: No, Chairperson, he did not tell us.

CHAIRPERSON: Not you bear knowledge that she did in fact go back to Lusaka, as requested by her organisation?

MR JANTJIE: No, Chairperson, I don't know.

CHAIRPERSON: Point 7 on page 53, Buthelezi says Tax Sejanamane was actually arrested in QwaQwa, long before the disappearance of Betty. In other words, what he's saying here is that he couldn't have been recruited because when Betty disappeared, Tax was somebody who was arrested in QwaQwa already.

MR JANTJIE: Yes, I do see that point, Chairperson.

CHAIRPERSON: Let me just read it to you, I don't think I'm giving you the correct version:

I think he wanted to say in Lesotho. You hear what I'm saying?

MR JANTJIE: Yes, Chairperson.

CHAIRPERSON: What this is suggesting, I'm not saying it is so, that is my reading of it, is that when you recruited Tax with the assistance of Ms Betty Boom, this couldn't be so.

MR JANTJIE: Chairperson, I say I read for the first time in this statement that Tax Sejanamane was arrested in QwaQwa. When we recruited Tax we were helped by Betty. I don't know whether Mr Buthelezi did which investigations, but what I know is that in December of that year we went to fetch Tax. And it is true.

CHAIRPERSON: And he speaks of Mbulelo in the next paragraph, 8:

then he says:

and he says:

You get the reading, or is it translated?

MR JANTJIE: I do understand, Chairperson.

CHAIRPERSON: And he says that, I'm just paging over to 54, and the first sentence there:

Then what it means is that the girlfriend was there as well. That's the import I want to put across to you. And according to you, you say he was taken there alone from Roma, if I followed your evidence.

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: I don't know what this sentence ... but for what it is worth, let me put it to you that you respond to it. That would be 11:

MR JANTJIE: I dispute this, Chairperson.

CHAIRPERSON: Did you, when Mbulelo for instance, was recruited by yourself and your colleagues, did he mention that he was ever incarcerated in QwaQwa?

MR JANTJIE: No, Chairperson.

CHAIRPERSON: What did you want to know from these people? That is what is bothering me. Because you get people, what you get, the tenure of your evidence sounds like this to me. You abduct these people and you say: "Would you work for us?" They agree, that's the end of the story. That is bothering me because I don't think normally, I must be fair to you, as I sit here I have listened to so many stories and how the intelligence community operated, I've heard many stories how informers were recruited, how askaris were recruited, but I'm hearing this for the first time, that a person would normally just be approached: "Will you work for us", and he agrees and this is the end of the story. Wouldn't you get worried if you were seated where I am sitting and you have heard such stories and say now why is this intelligence community from Ladybrand operating in a vacuum, having their own modus operandi, wouldn't you be worried?

MR JANTJIE: Yes, Chairperson, I would be worried.

CHAIRPERSON: At least to say to Mbulelo Ngono: "Where do you come from", get some background about this person, but I haven't heard anything of that nature.

MR JANTJIE: That is so, Chairperson. When you meet a person you will write his full names and his MK names and those are the particulars that you would include in his file as an informer and he would explain to you that: "I am working at a particular place". For example, whether he was working in the Free State or in the Eastern Cape, you take all his particulars in full and where he comes from and in which year did he go to exile and how did he manage to cross over to Lesotho, and where did he apply for political asylum. Those are the important issues that we would record about a person.

CHAIRPERSON: And wouldn't you make sure, for instance, that look, these people would work for us, not only find out "hey, we will pay you, go back to Lesotho and work for us"? You must be absolutely certain that you have converted this person. We are speaking of trained people here, trained people who left the country because they were dissatisfied about the regime and they wanted to overturn that regime, we are not speaking of ordinary disgruntled people.

MR JANTJIE: That is so, Chairperson.

CHAIRPERSON: Because this BB Buthelezi goes on further to say that:

I think he said Tebogo, I think so. Yes, his combat name. No, no, that's that Nomasonto Mashiya, her combat name was Tebogo. Did you know that?

MR JANTJIE: No, I did not know this name, Chairperson.

CHAIRPERSON: Now you had these informers, when they told you about this trio, did they tell you that this trio is Ms Betty Boom, Nomasonto Mashiya and Tax Sejanamane?

MR JANTJIE: No, Chairperson, our informer told us about Betty Boom.

CHAIRPERSON: And when Betty spoke to Tax, for instance, Sejanamane, did she call him Tax Sejanamane?

MR JANTJIE: She called him Tax, Chairperson.

CHAIRPERSON: Do you know in that respect again, in all fairness to you, these MK cadres came from various parts of the country and what we have heard over the years is that they would have pseudo names, or MK names, and in most instances they didn't even know the colleagues whom they were operating with, what their real names were. They wouldn't even know that.

MR JANTJIE: Yes, I agree with you, Chairperson.

CHAIRPERSON: And this kind of information you didn't get.

MR JANTJIE: No, Chairperson, I didn't have that kind of information.

CHAIRPERSON: And on page 51, it's an affidavit of Trevor James Sepho Pitso, he speaks of Betty having two houses. Did you know that?

MR JANTJIE: No, Chairperson, I didn't know about the second house.

CHAIRPERSON: Because in that paragraph 3, Trevor Pitso says:

What I'm reading and what I want to put to you is that she was never seen again and according to what you have testified, is that you saw her, abducted her and returned her to Lesotho and you further made contact with her and the last contact is when Betty said she's required in Lusaka, to come back to Lusaka. But the reading is that it was a once off thing. That's my reading, I'm not saying it's true, but in all fairness I must put this to you.

MR JANTJIE: Chairperson, I do not agree with what is written here, the statement that appears on this affidavit. In other words, let me not just say I do not agree with what is written here. I don't know anything about what is written here by Mr Pitso.

CHAIRPERSON: And this person went to Lusaka, apparently. He says:

MR JANTJIE: I understand that, Chairperson.

CHAIRPERSON: He would appear to be a comrade in the ranks of the liberation movement. He was actually an MK. And it would appear he's holding a high position within - probably you know him, he says he is:

which is now your same department, would it be? That's the Department of Safety and Security would be the same department, South African Police Services, under Steve Tshwete.

MR JANTJIE: Yes, I do hear that, Chairperson.

CHAIRPERSON: No, no, I'm saying it would be, you would have the same boss, Mr Steve Tshwete, because you are the South African Police Services and he's the ... oh. And in the Free State Provincial Government as Deputy Director, Security Administration. So he's not just an ordinary person who was just in the MK, he returned to hold a high position within the administration of the South African Government.

MR JANTJIE: Yes, Chairperson.

CHAIRPERSON: And he says in paragraph 1:

Did you know she was Joyce?

MR JANTJIE: Yes, Chairperson, I knew that Joyce was one of her names.

CHAIRPERSON: Did it concern you to know what eventually happened to these people? I'm asking you that question that you had established contact with them, they agreed to inform against their organisation and when they vanished from the face of Lesotho, did it concern you that they might go back and say this is what happened whilst we were in Lesotho?

MR JANTJIE: Our decision, Chairperson, was that they could have returned to Lusaka, to their Headquarters and we will not be able to see them again, so as to meet the arrangements that we have made with them.

CHAIRPERSON: Because you know my concern is that your farm was under threat, some other people would be sent back and that farm may have been attacked.

MR JANTJIE: That could happen, Chairperson, but that is not something that I thought about, more especially the attack on the farm which I did not know the owner.

CHAIRPERSON: Now lastly, Buthelezi says again in paragraph 3:

So what Buthelezi is saying is that she was not the only custodian of the allowances which were sent in monthly, they were handled jointly. Did you know that kind of information, because you spoke about her financial dire straits?

MR JANTJIE: No, Chairperson, I did not know that Betty and Mphilo were the people who handled the monthly allowances. She only told us that most of the time she would receive money late and the money that she would receive was very little.

CHAIRPERSON: Thank you, Mr Jantjie.

MR JANTJIE: Thank you, Chairperson.

CHAIRPERSON: Mr Visser, anything arising from what the Panel has asked?

MR VISSER: No, thank you Chairperson, nothing I can't deal with in argument.

CHAIRPERSON: Thank you. Mr Malindi.

MR MALINDI: Chairperson, I have a few aspects to canvass.

MR VISSER: Chairperson, I'm at a loss to understand what's going on now. Who is Mr Malindi appearing for? I thought Mr Koopedi was his instructing attorney.

CHAIRPERSON: He just explained to us that Mr Koopedi won't be with us again, he's taking over.

MR VISSER: Yes, but Chairperson, two people can't cross-examine the same person. We know that's the rule of evidence. I mean, that would be a fatal irregularity if that happens.

CHAIRPERSON: This is just matters ...(indistinct) Mr Visser.

MR MALINDI: Thank you, Chairperson. Chairperson, am I expected to respond to the submission?

CHAIRPERSON: No, no.

MR MALINDI: Thank you, Chairperson.

Mr Jantjie, ...(intervention)

CHAIRPERSON: Could I first come in, Mr Malindi?

MR MALINDI: Yes.

CHAIRPERSON: Mr Jantjie, do not be surprised that you are asked questions by Adv Malindi, Mr Malindi arrived late yesterday, not late in the sense of late, we knew that he wouldn't make it timeously, but he's briefed by the firm which Mr Koopedi is in - you remember you were asked questions by Mr Koopedi, so this is an Advocate employed by Mr Koopedi. Okay?

MR JANTJIE: Yes, Chairperson.

CHAIRPERSON: They are here for the victims, so I don't want you to be surprised and say who is this gentleman, okay. Mr Malindi.

CROSS-EXAMINATION BY MR MALINDI: Thank you, Chairperson.

Mr Jantjie, in view of the evidence of Henri van der Westhuizen, which relayed to you by the Panel, I would like to ask you a few questions. What car did you use when you went into Lesotho from your Ladybrand base?

MR JANTJIE: I have explained that we were using two cars. I wasn't saying that we could not get another car.

MR MALINDI: Was any of those two cars a 4X4?

MR JANTJIE: Yes, Chairperson.

MR MALINDI: Were they both 4X4s?

MR JANTJIE: No, Chairperson.

MR MALINDI: Is it - do you deny that you were part of the unit which Van der Westhuizen speaks about, which was involved in a shoot-out with some ANC members in Lesotho?

MR VISSER: He's already denied it, Chairperson. He says he never operated with any Vlakplaas members.

CHAIRPERSON: Yes, he says categorically that he was never with Mr van der Westhuizen, Snor Vermeulen, Steve Bosch and Nortje, into Lesotho he was never.

MR MALINDI: Was your unit from Ladybrand ever involved in a shoot-out inside the borders of Lesotho?

MR VISSER: That's an entirely irregular and irrelevant question. I object to that question. It does not arise from evidence, Chairperson, and I wish my learned friend to stick to what he undertook to do and that is to deal with issues arising.

CHAIRPERSON: It never arose from what the Panel asked, Mr Malindi.

MR MALINDI: Chairperson, maybe not ...(intervention)

CHAIRPERSON: What I'm asking is that, because we are at the stage that we wanted some clarification and whoever asks questions from now must be based on what we asked, the three of us asked and nothing else.

MR MALINDI: I understand that, Chairperson, but in view of the fact that Van der Westhuizen's evidence, I would have thought that I would be entitled to explore whether hew as involved in any shoot-out, and if the answer is yes, then it may collaborate Van der Westhuizen's evidence.

CHAIRPERSON: No, no, it cannot come out.

MR VISSER: Chairperson, with great respect, Van der Westhuizen, if you're going to rely on his evidence, we all know he's got to be called. So the whole issue falls away. Let Van der Westhuizen come and speak for himself and we'll cross-examine him.

CHAIRPERSON: We cannot allow that one.

MR MALINDI: As the Committee pleases. Chairperson, may I put a few, about two statements to the witness, which my learned friend omitted to put?

MR VISSER: With respect, Chairperson, I'm going to object now, really.

CHAIRPERSON: No.

MR MALINDI: Thank you, Chairperson, no further questions.

CHAIRPERSON: Thank you. Mr Mapoma.

FURTHER CROSS-EXAMINATION BY MR MAPOMA: Just one, Chairperson.

On page 54 of the paginated bundle, Mr Jantjie, the Chairperson read to you the paragraph or the sentence contained in paragraph 11 of the statement by Maj Buthelezi. The first sentence in that paragraph was read to you and your response was that you dispute what is contained there. What is it that you dispute there?

CHAIRPERSON: I would allow you just to have that sentence before you say anything, Mr Jantjie. Do you have it? It's actually a sentence that - it's a longish paragraph, but I want you to be careful and not just say X, look at the statement and tell Mr Mapoma what you are disputing.

MR JANTJIE: When I say I dispute this, I was saying that what is written here in this paragraph is something that I don't know and I don't know how Mr Buthelezi got this, because I really don't know what is written here by Mr Buthelezi.

CHAIRPERSON: The whole paragraph is disputed in toto, Mr Mapoma.

MR MAPOMA: No, Mr Jantjie, the Chairperson read to you the sentence which says:

And that is all that the Chairperson read, and requested your response. You said you dispute this. You're explanation is not ...(indistinct) enough. He was referring to only this, not the paragraph. Do you dispute what is contained in this sentence at all?

MR JANTJIE: I was saying what Mr Buthelezi says is beyond my knowledge. If those policemen can be called who were there on the 15th March, maybe they will say what happened there.

MR LAX: Sorry, could I just interpose here?

The issue of the 15th of March, this thing happened 20 years ago, more, is it not possible you might be making a mistake, that it might have happened on the 15th of March and instead of being one or two weeks after you took Betty, it might have been one or two months after you took Betty? The time, maybe it's got mixed up in your head, is that not possible?

MR JANTJIE: No, Chairperson.

MR MAPOMA: I'm not clear still, what is it exactly that you dispute in this sentence? Do you dispute that the police of Lesotho who were on duty on the 15th of March can prove that Mbulelo was handed over to the South African Police?

MR JANTJIE: Chairperson, I'm trying to say that if those policemen who were on duty on the 15th of March 1988, if they gave Mbulelo over to the South African Police, that can be true, but not to me because the last time I saw Mbulelo was in December 1987.

CHAIRPERSON: Mr Mapoma, my understanding is that he disputes the date.

MR MAPOMA: Yes, thank you, Chairperson. Thank you, Mr Jantjie.

MR JANTJIE: I thank you, Chairperson.

CHAIRPERSON: Anything further?

MR MAPOMA: Thank you, Chairperson, nothing further.

CHAIRPERSON: Thank you. Mr Visser.

MR VISSER: Thank you, Chairperson. No, I've got no questions to the witness arising, can he be excused?

CHAIRPERSON: I wanted to say that, but I have to establish from you whether there was anything.

MR VISSER: No, thank you Chairperson.

CHAIRPERSON: Thank you. Mr Jantjie, you are excused.

MR VISSER: Chairperson, could they swop chairs, because I wish to call Mr Jagga as the next witness. He wishes to address you in Afrikaans. He has no objection to taking the oath.

CHAIRPERSON: Mr Visser, could I do this? I sent people to the bank, I just wanted to find out if they have problems ...(indistinct), could we adjourn whilst they do that?

---------------------------------------------------------------------------ON RESUMPTION

CHAIRPERSON: Thank you, I'm indebted to the legal representatives for the indulgence. Mr Jagga, could you just for the record give us your full names.

ANTONIE JAGGA: (sworn states)

CHAIRPERSON: Please be seated.

EXAMINATION BY MR VISSER: Mr Jagga, you are also an applicant and you request amnesty for your part in the incidents about which you will testify now.

MR JAGGA: That is correct, Chairperson.

MR VISSER: Your application appears in the bundle from page 2 to page 7, the application that you handed in to the TRC, is that correct?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And this is dated the 6th of May 1997.

MR JAGGA: That is correct, Chairperson.

MR VISSER: Do you confirm the contents of that statement, according to your knowledge is true and correct?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And would you like this to be incorporated into your evidence?

MR JAGGA: Yes, please Chairperson.

MR VISSER: You afterwards held comprehensive consultation with your legal representatives and for the benefit of the Committee a statement was drawn up, which contains your evidence of what you can recall about this incident and that document is also in the bundle, from page 7A to 7K, is that correct?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And do you make the same confirmations with regard to the contents thereof with regard to this document?

MR JAGGA: Yes, Chairperson.

MR VISSER: On page 1 you request that paragraph 7A - Chairperson, I refer there to page 55, that was in the previous record, Chairperson, so you'll just ignore the reference to page 55.

CHAIRPERSON: Okay, thank you.

MR VISSER: You request that that part be amended - I'm sorry, Chairperson, may I just ask which is the channel that has the direct ...

CHAIRPERSON: Afrikaans would be 1.

MR VISSER: I had 1 and that seems to be a translation - oh, 0. Thank you, Chairperson.

"U vra dan dat paragrawe 7A gewysig moet word en vervang moet word met die woorde: "Nasionale Party" en 7B, dat u 'n "Ondersteuner" was, is dit reg?

INTERPRETER: I apologise, Chairperson, it's my mistake.

MR VISSER: Exhibit A, you have also studied Exhibit A, the document with regard to the general background.

MR JAGGA: That is correct, Chairperson.

MR VISSER: And except for the reference to the parts with regard to Botswana and Swaziland, you are able, according to your knowledge and experience you are able to confirm that document and you request that that also be considered with along your evidence.

MR JAGGA: That is correct, Chairperson.

MR VISSER: By means of introduction you, similar to Mr Jantjie on page 7B of the bundle, you referred to the fact that the victims in this matter had indeed been informers and that you were advised that under those circumstances you are obliged to disclose their identities.

MR JAGGA: That is correct, Chairperson.

MR VISSER: With regard to the other informers that you will refer to in your evidence, are you prepared to disclose their identities?

MR JAGGA: Not at all, Chairperson.

MR VISSER: And why is that?

MR JAGGA: Chairperson, because of the sensitivity of an informer, I feel that one may not disclose the identities. Many of these informers currently occupy high positions and so forth and the undertaking that we gave them back then was that we will not disclose their identities, so at this stage I am not prepared to do so.

MR VISSER: Very well. Is that also the practice at Police Services, not only in South Africa, but all over the world?

MR JAGGA: All over the world, that's correct Chairperson.

MR VISSER: In 1987, where were you stationed?

MR JAGGA: I was stationed at Security Branch Ladybrand.

MR VISSER: What division? The Security Branch, under the command of whom?

MR JAGGA: Capt Fouche.

MR VISSER: And who was your immediate Commander?

MR JAGGA: Lieut. Robertshaw.

MR VISSER: Will you please tell the Committee what you can recall about these incidents for which you apply.

MR JAGGA: Certainly, Chairperson.

I think I should first inform the Committee, Chairperson, that our primary task, although I was in Security, the unit or section where I and W/O Jantjie worked, of which one could say I was the section leader, their primary responsibility was the collecting of information concerning the activities of the ANC, as well as MK in Lesotho, as well as other institutions that were then present in Lesotho, like BCM, PAC.

MR LAX: Would that be the so-called "Swart Mag"?

MR JAGGA: That's right, Sir.

MR LAX: Which by the way Mr Interpreter, means Black Power, as opposed to Black Force.

INTERPRETER: Thank you Chairperson.

MR VISSER: Please continue.

MR JAGGA: So the most important for us was to monitor the identities and movements of these people. Any information that was collected by us was not processed by us in any say but from us it was sent to, for example, Bloemfontein, Cape Town, Pretoria, or whichever places it was relevant to.

MR VISSER: And in what form was this information sent through?

MR JAGGA: It was sent through in processed intelligence report form.

MR VISSER: Those reports, do they still exist today, according to your knowledge?

MR JAGGA: None of them exist today, Chairperson.

MR VISSER: What happened to it?

MR JAGGA: All these things were destroyed.

MR VISSER: Can you recall when it was destroyed?

MR JAGGA: Unfortunately I cannot recall an exact date, Chairperson.

MR VISSER: But there is evidence before other Committees that instructions came from the top somewhere that all the records be destroyed in the South African Police' Security Branch.

MR JAGGA: Yes, that is correct, Chairperson.

MR VISSER: Please continue.

In order to build up a legend for ourselves in Lesotho, my colleague Jantjie and I pretended that we were part of the underworld in Lesotho, and we found that under this legend we had access to basically any place in Lesotho, Chairperson.

MR VISSER: Very well. Which places did you usually visit?

MR JAGGA: Usually it would be bars, restaurants that were visited by these people, Chairperson.

MR VISSER: And what did you do at those bars? When you were there and activists were there, what did you usually do?

MR JAGGA: Chairperson, we spoke to the people around us. I mean, that is how it goes in such a place. We spoke to the person, speak to the person next to you, in front of you, behind you, buy them a drink sometimes and in this way the people became used to us, and later it was no longer strange for the people to find us in such places.

MR VISSER: Now you have a white skin, Mr Jagga, how did you see the situation that you could be seen as a white person, how did you deal with that?

MR JAGGA: Chairperson, up to date there are very few people in Lesotho that believe that I am white and most of the time I pretended that I was Lebanese and that I originated from Arabia somewhere and so forth.

MR VISSER: And did that make you acceptable to them?

MR JAGGA: "Geheel en al, Voorsitter".

MR VISSER: Very well. Can you please continue.

MR LAX: Sorry, can you just slow down a little bit, the Interpreter struggling to keep up. You were talking about being Lebanese and after that I think we more-or-less lost you.

MR VISSER: That you said you were from Arabian descent. I apologise, I was the one who were thinking you were going too slow.

MR JAGGA: And from then I was entirely accepted in the community and in these places, Chairperson.

MR SIBANYONI: I'm sorry, Mr Visser, to interpose.

Were you always conversing in - which language?

MR JAGGA: I spoke in English, Chairperson.

MR SIBANYONI: Thank you.

MR VISSER: Please continue.

MR JAGGA: During our activities Jantjie and I, during approximately September or October of 1987, ...

MR LAX: You can go a little bit faster than that.

MR JAGGA: I beg your pardon, Chairperson.

MR VISSER: You say that you received information during September/October, from informants.

MR LAX: Sorry Mr Jagga, it doesn't help us if you read from the statement.

MR JAGGA: May I continue and where necessary just refer to the statement?

MR LAX: Ja.

MR VISSER: Where did this information come from?

MR JAGGA: From informers that we had already recruited, Chairperson.

MR VISSER: Now with regard to the informers, or all the informers that you had handled, did you handle them together, or what was the situation?

MR JAGGA: Chairperson, many of these informers were handled by myself and Jantjie together and he also had his informers and I had my own informers.

MR VISSER: So you did not necessarily always speak to a particular informers, would that be correct?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And in September or October 1987 you heard about Betty Boom.

MR JAGGA: That's correct.

MR VISSER: What was the information that you received with regard to her?

MR JAGGA: That she was a trained MK member attached to the Free State Machinery, that had arrived in Lesotho and that two other persons, Nomasonto and Tax Sejanamane belonged to her, to that unit or served in the same cell.

MR VISSER: What was her position in that cell?

MR JAGGA: Initially the informer told us that it was quite clear that she was the leader or the chief of that cell.

MR VISSER: Very well. Did you have knowledge of what is now alleged that she had indeed the chief of the Free State Machinery?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And when did you obtain that information?

MR JAGGA: During conversations with her.

MR VISSER: And it is also so that later you met the two members of her unit that you had referred to earlier on?

MR JAGGA: Yes, that is so.

MR VISSER: We will get back to them later. Now what was the further information, if any, that you received from the informer with regard to Betty Boom?

MR JAGGA: That Betty suffered financially, Chairperson, she suffered severely and she wanted to go back home.

MR VISSER: We have a problem, Mr Jagga, when you end a sentence and your voice goes on, then I think you will add something else, maybe you should just lower your voice when you are done, so I know that you are done.

MR JAGGA: I beg your pardon.

MR VISSER: What did you do or decide to do?

MR JAGGA: Chairperson, may I just add here that along with the two things, that she suffered severely financially and she wanted to go home, she was disillusioned with the ANC.

MR VISSER: Is this information that you received from your informer?

MR JAGGA: That is correct, Chairperson.

MR VISSER: What did you think then?

MR JAGGA: That it would be a golden opportunity to contact her and to see whether she could not be recruited as a possible informer.

MR VISSER: Did you discuss this issue with Robertshaw?

MR JAGGA: That is correct, Chairperson, I did.

MR VISSER: And did he then give you instructions?

MR JAGGA: He said we should continue.

MR VISSER: And did you do this?

MR JAGGA: Chairperson, my colleague, Jantjie, and I started observing Betty Boom's house, as well as her movements.

MR VISSER: What was the purpose of this?

MR JAGGA: To obtain some background of her, who visited her, what her movements were, whether she had a vehicle, does she use a taxi, which well known ANC activists visited her.

MR VISSER: Very well. And how long did this observation take place?

MR JAGGA: For approximately a month, Chairperson. I can mention here Chairperson, it may have been shorter or somewhat longer. But I think this was 13 years back, it is somewhat difficult to place everything, to attach a time to it.

MR VISSER: But you recall that is was more-or-less a month?

MR JAGGA: Yes, Chairperson.

MR VISSER: Did you each and every day, 24 hours of the day, monitor her or what is the position?

MR JAGGA: No, Chairperson, we did not monitor her for 24 hours a day. We, for example, would arrive early in the morning for a few hours, observe her, if she moved to town by taxi we would follow the taxi to wherever she got off the taxi.

MR VISSER: And did you see where she had meetings with her members?

MR JAGGA: That is correct, Chairperson, we did determine her routine.

MR VISSER: What happened then?

MR JAGGA: Chairperson, we went into all the records that were available at the office, background history.

CHAIRPERSON: If you say "we", who else studied those records?

MR JAGGA: Lieut. Robertshaw and I.

MR VISSER: Was there anything from those records which you can recall today that you did not mention in your application or in your evidence?

MR JAGGA: Unfortunately no, Chairperson. We then planned, Jantjie and I, that it was now time to contact her personally.

MR VISSER: Yes.

MR JAGGA: Whereupon which visited her at home, Chairperson.

MR VISSER: Mr Jantjie's evidence under cross-examination was that the first meeting with her took place in Maseru, does that concur with your memory?

MR JAGGA: No, our first true meeting with her was at her home, Chairperson.

MR VISSER: And what happened during that first meeting? If you can recall.

MR JAGGA: We introduced ourselves as an underground MK cell, members of an MK cell that operated in Maseru, Chairperson.

MR VISSER: Yes, did you mention names? Did you mention any names of yours to her?

MR JAGGA: I went under the name, Tony Montana.

MR VISSER: And did you also mention that name to her as your MK name?

MR JAGGA: That is correct, Chairperson.

MR VISSER: Can you recall what was the position with regard to Mr Jantjie?

MR JAGGA: Unfortunately I cannot recall what name he used.

MR VISSER: But did he use a name?

MR JAGGA: Yes, he would have.

MR VISSER: Mr Jantjie was asked under cross-examination whether she questioned you about where you came from and where you received training and so forth, what was the position with regard to that?

MR JAGGA: She did question us, Chairperson. But I mean because of the background that we had at that stage of MK activities in Lesotho, we ...(intervention)

MR LAX: Can I just interpose?

You said: "because of the background which we had", that "we", does that include Mr Jantjie as well?

MR JAGGA: That's correct, Chairperson.

MR LAX: So the research that you did you shared with him no doubt?

MR JAGGA: Correct Chairperson, and it was also about practical experience, because we were in Maseru daily.

MR VISSER: You said because of that information ...

MR JAGGA: We could have a conversation with her and pretend to be MK members.

MR VISSER: Mr Jagga, on page 31 of the bundle the spouse of Nomasonto, indicated that Nomasonto and Betty Boom, in the vicinity of September - if I can just find it Chairperson, '87, were sent to Lesotho, or November/December, he says. He said that he was told that Nomasonto was in Lesotho since November/December 1987.

MR JAGGA: It was definitely before that, Chairperson.

MR VISSER: You say it was before that. But that would also mean, I would assume, that she was not someone, this is now Betty Boom and her people who had been there a long time, with regard to whom there was information over a long period of time available.

MR JAGGA: That's correct, Chairperson, it was clear that she was not familiar with the circumstances there. I can also just add there that what made it easier at that stage, was the political situation in Lesotho. The ANC at that stage was not really welcome in Lesotho, especially not trained MK members that could possibly bring in arms into Lesotho. And the fact here was that approximately in 1986, a coup took place in Lesotho and there was the military government, or there was military control in Lesotho. This military government, whether they were afraid of opposition or that their position would be taken from them, went on a large scale, went out and sent back ANC people on a large scale, from Lesotho to Zambia, Tanzania. Even young refugees who had just arrived and were seeking political asylum, were sent back from Lesotho.

MR VISSER: Mr Jagga, we know from history that in December, on the 19th of December 1985 there was a raid into Lesotho, are you familiar with the fact that such a raid had taken place?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And there was evidence before other Amnesty Committees - Chairperson, I'm saying this for your edification in the Lesotho Raid matter, where it was made clear that the matter was discussed at a reasonably high level and that some of the Minutes of the State Security Council made reference to the problems, the diplomatic problems which raged at the time between the Republic of South Africa and Lesotho, during which time the then State President was in the midst of the arguments. And Mr Jagga, after this raid approximately 14 persons were killed - 9 persons were killed, and this was a raid by people from Vlakplaas.

MR JAGGA: That's correct, Chairperson.

MR VISSER: Was there then a coup as you had testified?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And this new government that came to power, were they in favour of the South African Government or not?

MR JAGGA: They were in favour of the South African Government.

MR VISSER: And you say that they deported people.

MR JAGGA: That's correct.

MR VISSER: When did those deportations commence?

MR JAGGA: Immediately after the coup, within a day or two thereafter.

MR VISSER: So that was even when Mr Leboa Jonathan was in power in Lesotho?

MR JAGGA: That's correct, Chairperson.

MR VISSER: So you are saying that you had good co-operation from those people?

MR JAGGA: That's correct, Chairperson.

MR VISSER: What was the position with regard to the Lesotho Defence Force?

MR JAGGA: We also received good co-operation from them, Chairperson. May I just also add that at that stage there was even a Task Force that consisted of Police and Defence Force members.

MR VISSER: In South Africa?

MR JAGGA: In Lesotho itself.

MR VISSER: To do what?

MR JAGGA: To set up roadblocks and to launch operations with regard to criminals, as well as acting against MK members who were in Lesotho.

MR VISSER: What was the position with regard to their finances, the ANC finances in Lesotho?

MR JAGGA: Chairperson, most of the senior ANC members at that stage had already been deported back to Zambia, and it was a well known fact that there was no real structure to channel money into Lesotho, and to get it to the MKs on the ground in time.

MR VISSER: You were busy telling us that you decided that it was time to make contact and that you had indeed had made contact with her, this is now Betty Boom, at her home.

MR JAGGA: That is so, Chairperson.

MR VISSER: What was the conversation, what did you talk about?

MR JAGGA: First of all, Chairperson, after we introduced ourselves we indicated to her that we knew somehow that she was part of an underground MK cell and that we were there to give her possible assistance if she needed it.

MR VISSER: And how did she react to that suggestion?

MR JAGGA: She was very interested and specifically in what we could deliver, Chairperson.

MR VISSER: Any of the information that you received from the informer, did she confirm any of that information during that conversation or during subsequent conversations?

MR JAGGA: Specifically that she needed money.

MR VISSER: Yes, and what else?

MR JAGGA: And that she wanted to go home.

MR VISSER: On page 7D you said it was clear to you that she went hungry, what do you mean by that?

MR JAGGA: She told us that she did not have a enough money for food.

MR VISSER: Did you ever ask her with regard to amounts that she needed, or did you not discuss this?

MR JAGGA: We did not really discuss amounts, Chairperson, it would have placed us in a very difficult situation if, for example, she said she needed R2 000 or R1 000.

MR VISSER: Would you be able to give it to her, or would that place you in a difficult position?

MR JAGGA: Because of the fact that we could only draw a certain amount of money at the office, Chairperson.

MR VISSER: And how much was that?

MR JAGGA: That was R250.

MR VISSER: And this was with regard to persons who were not registered informers?

MR JAGGA: That is correct, Chairperson.

MR VISSER: What was the situation the moment a person becomes registered as an informer?

MR JAGGA: Then he starts working on productivity, Chairperson.

MR VISSER: And was there a scale of remuneration for certain information that was supplied?

MR JAGGA: Yes, there was a scale, Chairperson. What that was exactly I do not recall, but it depended on how well an informer did. If he did well he would get much money.

MR LAX: Mr Lax put it to Mr Jantjie, and we know that it is so from previous evidence that we have already heard, that for example, for the delivery I would say of an ANC person the remuneration was a determined amount, it was either R750 or R1 000, or whatever it was.

MR JAGGA: No, it was in the vicinity of R2 000.

MR VISSER: Okay, R2 000. And then for the delivery of an AK47 or the pointing out of an AK47, there was another amount?

MR JAGGA: That is correct, Chairperson.

MR VISSER: Now how many occasions did you speak to Betty Boom before you disclosed your true identity to her?

MR JAGGA: Several times, Chairperson. It is now difficult for me to give you the exact figure.

MR VISSER: Over what period approximately?

MR JAGGA: Approximately two to three weeks, Chairperson.

MR VISSER: Did you then come to a decision that she was recruitable?

MR JAGGA: That is correct, Chairperson.

MR VISSER: Did you realise at that stage, or did you determine at that stage whether she had a vehicle?

MR JAGGA: She did not have one, Chairperson.

MR VISSER: There was mention made here, there's some allegation that she had two houses and a BMW vehicle. What is your comment?

MR JAGGA: Chairperson, that she had two houses is very probable, because most of the MKs that were in Lesotho then definitely did not live in one place solely.

MR VISSER: Did they move around?

MR JAGGA: Yes, they moved around, Chairperson.

MR VISSER: For purposes of security?

MR JAGGA: That's correct, Chairperson. And if it is alleged that she had a BMW, Chairperson, we know that many of the ANC collaborators, if I can call them that, were Lesotho citizens and were favourable towards the ANC, supplied vehicles from time to time to the ANC members.

MR VISSER: So it was not necessarily that the person who drove the car owned the car?

MR JAGGA: That's correct, most of the time it was stolen vehicles anyway, Chairperson.

MR VISSER: Did you trace any stolen vehicles in Lesotho, or the police?

MR JAGGA: Yes, the police traced many vehicles, Chairperson.

MR VISSER: At some stage you decided that she was recruitable, did you then discuss this with her?

MR JAGGA: Chairperson, after Jantjie and I felt that the time was right we introduced ourselves to her and we told her that we're from the Security Branch.

MR VISSER: What was her reaction?

MR JAGGA: She couldn't believe it.

MR VISSER: Yes?

MR JAGGA: But I mean, we did convince her of this and then we once again started talking to her, after which she was indeed recruited.

MR VISSER: Did she have a telephone in her house that you can recall?

MR JAGGA: Not that I know of, Chairperson, but she supplied a neighbour's telephone number to us.

MR VISSER: Mr Jantjie said that when you called her, the person who answered said: "Call back later, in a little while".

MR JAGGA: That is correct, Chairperson, because the neighbour had to go and call her first and we would just call back.

MR VISSER: And did she understand what you wanted from her?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And what do you think convinced her to cooperate with you?

MR JAGGA: I think the fact that, if I can put it in English, she was homesick. The struggle was not going anywhere according to her, especially in Lesotho, and then the money.

MR VISSER: Did you, during the course of your conversations with her, tell her about your knowledge about the activities of MK?

MR JAGGA: Yes, Chairperson.

MR VISSER: And what was her reaction to that?

MR JAGGA: She couldn't believe it, but later she realised that that was what we knew.

MR VISSER: And did she undertake to act as an informer for you?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Did you explain to her that she had to be registered before she would receive a proper income or salary?

MR JAGGA: Yes, along with the fact that it was about productivity.

MR VISSER: And did you also tell her that in the meantime you will assist her with money?

MR JAGGA: That is true.

MR VISSER: And did you indeed assist her with money?

MR JAGGA: Yes, we did help her with money, Chairperson.

MR VISSER: And did she give information to you?

MR JAGGA: Yes, she gave valuable information to us, Chairperson.

MR VISSER: Over what period of time after she was recruited and before she was taken to Ladybrand?

MR JAGGA: Chairperson, it was not longer than 14 days, it was in-between a week, let us say 10 days.

MR VISSER: The information that she at that stage, this is now before she went to Ladybrand with you, the information that she supplied then, can you tell the Committee with regard to whom that information was, or with regard to what it was?

MR JAGGA: I do this with a very heavy heart, Chairperson, but I shall inform the Committee. The first information that she supplied to us was the telephone number of a public telephone in the Western Cape.

MR VISSER: What did she tell you about that public telephone?

MR JAGGA: That Tony Yengeni can be contacted at that number.

MR VISSER: And the course of 24 hours or what?

MR JAGGA: That's correct, Chairperson. And then the person who answered, you leave a message and then you will just call back later and then he will be there.

MR VISSER: Now this call box that you're referring to, was this a private telephone, or what is the position?

MR JAGGA: No, as I understood it, it was a public telephone.

MR VISSER: Was this telephone in a place where there was always someone that would hear it if it rang?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And what happened then because of this information?

MR JAGGA: Information was in report form given through to the Western Cape, after which Mr Yengeni was arrested in the Western Cape.

MR VISSER: And what did the Security Branch realise with regard to operations in the Western Cape?

MR JAGGA: They collected enough information to bring the cell in the Western Cape to a stop.

MR VISSER: Any other persons that were arrested because of the information she supplied?

MR JAGGA: Chairperson, a trained MK member, Makanda, was also arrested in Bloemfontein.

MR VISSER: Were you involved in any of these arrests?

MR JAGGA: No, Chairperson.

MR VISSER: Did you receive feedback of these facts?

MR JAGGA: That's correct, Chairperson, because I mean this counted as productivity for the informer.

MR VISSER: And was she paid for this information?

MR JAGGA: Chairperson, because of all the administration with regard to such an informer, the money arrived after she was already gone.

MR VISSER: What happened to that money then?

MR JAGGA: We never received it at our office, neither myself or Mr Jantjie, and the person at Finances at our offices sent it back to Pretoria.

MR VISSER: Some developments happened then, what was the following development with regard to Betty Boom?

MR JAGGA: The same informer Chairperson, that placed us on her trail, told us that he's seen us with her a few times in places in Maseru and it may be possible that this knowledge could get to the rest of her cell, that she had contact with us.

MR VISSER: I apologise, I have now omitted to ask you this. Did you, after Betty Boom was recruited there at her home, did you have meetings with her in Maseru as well?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Now with regard to what were those meetings about?

MR JAGGA: That was also with regard to the collection of information.

MR VISSER: Very well. And you received this information from this informer, what did you do then?

MR JAGGA: Chairperson, I can mention here that at that stage we had background about the two persons who were with her in her cell, and she did confirm this.

MR LAX: Sorry, I didn't hear your answer properly, would you just repeat. So what did you do about this information your informer gave you? Just repeat from there please.

MR JAGGA: We discussed it with Betty.

MR VISSER: And what was her reaction when you mentioned it to her?

MR JAGGA: She was surprised, Chairperson.

MR VISSER: Did she believe you?

MR JAGGA: She believed us and she even mentioned that she was afraid for something like that.

MR VISSER: Because of her meetings with you?

MR JAGGA: That's correct, Chairperson.

MR VISSER: What did you decide to do then?

MR JAGGA: We then agreed with her, Chairperson, that it would be safer for her if she accompanied us to Ladybrand.

MR VISSER: Safety, what do you mean?

MR JAGGA: In order to guarantee her personal safety.

MR VISSER: Who was the greatest to her personal safety if there was any suspicion?

MR JAGGA: Nomasonto and Tax.

MR VISSER: The other two members?

MR JAGGA: That's correct.

MR VISSER: There has been much made about the words that you decided that she should go along with you in an operation that would appear to be an abduction. Can you please place this abduction story in perspective for us, so that we can understand what it was about.

MR JAGGA: Chairperson, I think the whole thing that caused this confusion with regard to what an abduction should look like, it was not planned or attempted that there where she was picked up, that it should boil down to an abduction. This was part of the abduction was once again a built-in security measure. If we realised that her cell members knew that she was an informer, we through our channels and through the system of informers, would have sent it back that she had been abducted. But it was never necessary to do so.

MR VISSER: Very well. And was there also another purpose to take her out to Ladybrand?

MR JAGGA: Firstly, to sit down with her properly and all the other information during our meetings in Lesotho, to get that information from her, as well as to determine what her cell members were doing.

MR VISSER: To do what?

MR JAGGA: In order to recruit her cell members as well.

MR VISSER: And when you recruited her cell members, what then?

MR JAGGA: Then she as an informer would be safe.

MR VISSER: Chairperson, we've got a way to go, I see it's 4 o'clock, did you want to take the adjournment now or can we possibly continue for another half an hour?

CHAIRPERSON: We could continue for another half an hour.

MR VISSER: Thank you, Chairperson.

CHAIRPERSON: Thank you for alerting me to the time.

MR VISSER: Pardon?

CHAIRPERSON: I was oblivious to time, thank you.

MR VISSER: No, I was also, my attorney just told me that it's 4 o'clock.

In other words, it was not like you wanted to pretend to the public or to anyone that she had been abducted, that would have been a cover story?

MR JAGGA: That's true, Chairperson. If we could secure her, then we would be able to control the Free State Machinery.

MR VISSER: And if you could not get the other two members out to Ladybrand, or get their heads turned, what would you have done then?

MR JAGGA: We would have looked after her, Chairperson.

MR VISSER: And you would have kept her in Ladybrand?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Was this plan also discussed with Robertshaw?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Did he give you the approval for it?

MR JAGGA: Yes, he did, Chairperson.

MR VISSER: Did you then have contact with Betty Boom, in order to make arrangements?

MR JAGGA: We had contact with her about this, Chairperson, and the planning was discussed with her, we did agree as to where, when and how it would be done.

MR VISSER: And who fetched her then?

MR JAGGA: I, Jantjie, Robertshaw and Thulo.

MR VISSER: And where did you find her?

MR JAGGA: Close to her home, Chairperson.

MR VISSER: Did she bring anything with her?

MR JAGGA: She had a suitcase with her.

MR VISSER: What was in the suitcase, do you know?

MR JAGGA: Clothing and more pamphlets and other things that she wanted to give us as proof.

MR VISSER: Do you now refer to revolutionary ...?

MR JAGGA: That is correct.

MR LAX: Revolutionary what?

MR VISSER: Pamphlets.

MR JAGGA: Literature, literature.

CHAIRPERSON: Pamphlets.

MR LAX: No, no, it's just the translation came through as: "and other revolutionary" and it didn't say what.

MR VISSER: Revolutionary literature. It's just a qualification because he only referred to literature in his evidence.

What do you say you would have done if you arrived there and there were people who saw you picking her up, what would you have done then?

MR JAGGA: If it were MK members we would have definitely make it look like a proper abduction, we would have probably grabbed her and bundled her into the vehicle.

MR VISSER: Yes, and that was not necessary?

MR JAGGA: Not at all, Chairperson.

MR VISSER: You then went through the border post, as Mr Jantjie testified?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Is it also your evidence with regard to how the people acted at the border post during that time?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And that they were somewhat lax?

MR JAGGA: That's correct, Chairperson.

MR VISSER: You then went to the farmhouse in the Ladybrand district?

MR JAGGA: That's correct, Chairperson.

MR VISSER: You have also heard the direction that Mr Jantjie gave, it was 15 kilometres on the Clocolan road and then one would turn right, do you agree with that?

MR JAGGA: I basically agree with that, Chairperson.

MR VISSER: Did you have any personal knowledge of what the situation was with regard to this farm, whether it had been bought by the Security Branch, or whether it was rented by them, or whether it was State owned property? What was the situation?

MR JAGGA: Chairperson, it was a farm of which the homestead had been empty for some time and the owner gave it to the Security Branch of Ladybrand to use for a month or two.

MR VISSER: Was there a condition attached to it?

MR JAGGA: Yes, that if he said we should go out, we should leave because his son was going to move in there.

MR VISSER: Did you have to repair the house?

MR JAGGA: We just had to maintain in on the inside, Chairperson.

MR VISSER: And you say for a month or two?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Which months would those have been?

MR JAGGA: Chairperson, I stand to be corrected but I think from November until the end of December we had the farm.

MR VISSER: You are certain, and now I am jumping around somewhat but just to join up with this, are you certain that you definitely took KK Ngono was taken to that farmhouse?

MR JAGGA: We did, Chairperson.

MR VISSER: And that would have had to happen during November or December?

MR JAGGA: That's correct, Chairperson.

MR VISSER: You then went to Ladybrand with Betty Boom, and what happened there at that farm?

MR JAGGA: Chairperson, we arrived and we sat down and we spoke to her, she gave us information and once again we started discussing the involvement of her other two cell members, and amongst the three of us it came out that it would actually be a brilliant plan if these other two members could also be recruited.

MR VISSER: Very well. I just want to interrupt you, during the time that Betty Boom was there on the farm with you was she handcuffed?

MR JAGGA: Not at all, Chairperson.

MR VISSER: Was she tied up or anything?

MR JAGGA: Not at all, Chairperson.

MR VISSER: Did she have the right to move around freely as she wished?

MR JAGGA: Yes.

MR VISSER: In the house?

MR JAGGA: Yes, in the house. Jantjie and I were also there, but it was not like we were guarding her or walked after her all the time.

MR VISSER: Like she was a detainee?

MR JAGGA: That's correct.

MR VISSER: Did she also sleep in the house?

MR JAGGA: Yes, she did, she slept with us in the house.

MR VISSER: Did you or anyone else that you are aware of or had seen - and I will just ask you this at one time, did you assault or torture any of these people, and now I am referring to Betty Boom and her two members and Ngono?

MR JAGGA: No, Chairperson, otherwise the recruitment procedure would not have worked, because Betty had already been recruited.

MR VISSER: What then happened with regard to Nomasonto?

MR JAGGA: It was agreed with Betty that Jantjie and Thulo will go and fetch Nomasonto.

MR VISSER: You did not accompany them?

MR JAGGA: No, I did not Chairperson, I stayed behind with Betty.

MR VISSER: And how would these two men convince Nomasonto to accompany them?

MR JAGGA: They would have told her that they had been sent by Betty and that she needed her.

MR VISSER: With regard to your own personal knowledge, did Nomasonto then arrive at the farm with Jantjie and Thulo?

MR JAGGA: Yes, Chairperson, she had a young baby with her.

MR VISSER: Can you we get the time period correct here, how long was this after you left Lesotho with Betty Boom for the farm?

MR JAGGA: I would say within two days.

MR VISSER: So you were on the point now where you wanted to discuss the child. Was it a male or a female child?

MR JAGGA: It was a boy, Chairperson.

MR VISSER: And the father said he was approximately 22 months old.

MR JAGGA: That's correct.

MR VISSER: What then happened to this young boy?

MR JAGGA: Chairperson, after we started talking to Nomasonto and Betty and she basically agreed to cooperate with us, it became clear that she had a problem with the maintenance of the child in Lesotho and she requested whether we could at least take the baby to her parents.

MR VISSER: Very well. This was just as you said now, after she was recruited?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Did Betty Boom cooperate to convince her?

MR JAGGA: Yes, she did Chairperson.

MR VISSER: What would you say were the reasons why Nomasonto agreed?

MR JAGGA: Because of Betty's influence.

MR VISSER: Her influence?

MR JAGGA: That is correct, Chairperson.

MR VISSER: How did you know where to transport the boy to where Nomasonto wanted to send him?

MR JAGGA: Nomasonto gave us the address, I speak under correct here, but she supplied her parents' address to us and she also wrote a letter that had to go along with the boy.

MR VISSER: Can you recall what was written in that letter and in which language the letter was written?

MR JAGGA: I cannot recall, Chairperson.

MR VISSER: If we accept that it was written in a black language, would you be able to speak that language?

MR JAGGA: No, Chairperson.

MR VISSER: Would you have sent the letter without having it translated to you?

MR JAGGA: I would not have allowed it.

MR VISSER: Why not?

MR JAGGA: What would the purpose be of an operation if she wrote a letter and she said that she was with the Security Police and all those things?

MR VISSER: So from a security viewpoint ...

MR JAGGA: Yes.

MR VISSER: But you have already said this was 13 years ago, can you recall what was written in that letter exactly?

MR JAGGA: No, Chairperson.

MR VISSER: The reason why I ask you is because what you can recall from consultation was that she asked her parents to look after the child.

MR JAGGA: That is correct, Chairperson.

MR VISSER: But the father says that the letter also contained information with regard to the immunisation programme of the child, is that what was in there?

MR JAGGA: That is possible, Chairperson, and that would be logical that it would be so, Chairperson.

MR VISSER: So now you had Betty Boom and Nomasonto within two days there on the farm, and what happened then?

MR JAGGA: We started thinking about Tax, Chairperson, Tax Sejanamane. Betty then called him ...(intervention)

MR VISSER: Telephonically?

MR JAGGA: Yes, Chairperson. ... and informed him that persons will pick him up. She gave a description of the vehicle and told him where he should wait and the time.

MR VISSER: Were you present while she spoke to him?

MR JAGGA: Yes, I was present as well as Jantjie, Chairperson.

MR VISSER: And did you monitor what she was telling him?

MR JAGGA: That is correct, Chairperson.

MR VISSER: What language did she speak?

MR JAGGA: That I cannot recall, Chairperson.

MR VISSER: Were you told what Tax Sejanamane's attitude was?

MR JAGGA: She told me that Tax said yes, it was fine.

MR VISSER: What happened then?

MR JAGGA: Chairperson, I am not certain whether it was the same day or the following day that the meeting had to take place, then I, Jantjie, Thulo and Robertshaw went to Maseru.

MR VISSER: In paragraph 32 of page 7C, there's sentence that crept in there:

That does not fit in here. We would ask you to strike that out, Chairperson, with my apologies.

CHAIRPERSON: Could you come again just for us.

MR VISSER: At paragraph 32, the first sentence.

CHAIRPERSON: To be deleted?

MR VISSER: Yes, Chairperson. I don't know how that landed there, but it doesn't follow in the context and it makes no sense.

Did the four of you then go into Lesotho, into Maseru?

MR JAGGA: Yes, we went into Maseru, Chairperson.

MR VISSER: Where was the place that you were to have this rendezvous?

MR JAGGA: It was next to a road, Chairperson, I cannot recall entirely.

MR VISSER: In which place?

MR JAGGA: It was in Ditabaneng.

MR VISSER: And where did Betty Boom live?

MR JAGGA: She also lived in the same area, Chairperson.

MR VISSER: And were you ever told where Nomasonto lived?

MR JAGGA: No, I never asked.

MR VISSER: You now arrived at this place, did you have to wait for him or was he there, or what's the situation?

MR JAGGA: I do not believe - if we waited there, it couldn't have been longer than a minute or so, Chairperson, and he was there. I had the impression that he was already waiting for us there before he walked to the vehicle.

MR VISSER: What was his attitude when he saw you?

MR JAGGA: When he came to the vehicle, Chairperson, and he saw myself and Robertshaw in the vehicle, it was clear that he was shocked somewhat.

MR VISSER: What did you do then?

MR JAGGA: He and Jantjie started talking to each other, Chairperson, upon which the following moment he climbed into the vehicle.

MR VISSER: Jantjie testified that he told him that they were sent by Betty Boom to fetch him.

MR JAGGA: I would assume so, Chairperson.

MR VISSER: Would that make sense to you?

MR JAGGA: Yes.

MR VISSER: And now you went back to the farm, again through the border post?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And at what stage did he realise that he was in the hands of the Security Police?

MR JAGGA: Chairperson, after he arrived at the farm along with us and we walked in where Betty and Nomasonto were, we actually informed him that we are from the Security Police and that type of thing.

MR VISSER: Very well. What was his reaction then?

MR JAGGA: He was once again shocked Chairperson, because he walked in with his eyes open into the arms of the Security Police, and there Betty and Nomasonto and us to a lesser extent, started speaking to him.

MR VISSER: Please continue.

MR JAGGA: Chairperson, at the end of the day he was also recruited as an informer.

MR VISSER: How long did this take?

MR JAGGA: Half a day, a day Chairperson.

MR VISSER: The same day or the next day?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Can you recall at what time you collected him from Lesotho?

MR JAGGA: The only thing that I can recall, Chairperson, was that it was during the day.

MR VISSER: So you then succeeded in your objective of recruiting all three of them.

MR JAGGA: That's correct, Chairperson.

MR VISSER: During discussions you have now said that Mr Jantjie was present, who undertook the conversations on behalf of the police most of the time?

MR JAGGA: I did, Chairperson.

MR VISSER: And did Mr Thulo participate in any of these discussions?

MR JAGGA: Not at all, Chairperson.

MR VISSER: Did you then make arrangements with regard to contact and so forth?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And what happened then?

MR JAGGA: We basically agreed that we would continue to see Betty alone.

MR VISSER: Would she be the contact person?

MR JAGGA: Yes, she would be the contact person.

MR VISSER: And where would that take place and how would it take place?

MR JAGGA: Once again in Maseru, Chairperson. We would take them back to Maseru. I don't know whether we mentioned it earlier, but after we were at Betty's house she gave her neighbour's telephone number to us and we gave our telephone numbers to her, so there was already that channel through which we could contact her.

MR VISSER: And was it the normal practice that if she wanted to supply information to you, would she give it to you telephonically, or would she make a telephonic appointment and then you would go and see her?

MR JAGGA: It would be a telephonic appointment that we would make and then we would go and see her.

MR VISSER: Who took them back?

MR JAGGA: Jantjie and I, Chairperson.

MR VISSER: And where did you drop them off?

MR JAGGA: At the Pitso Ground taxi rank.

MR VISSER: And was this during the day or at night?

MR JAGGA: This was during the day, Chairperson.

MR VISSER: Was anything given to them?

MR JAGGA: That's correct, Chairperson, I gave R250 to each one of them.

MR VISSER: And the whole issue with regard to the amounts and the registration as informers, was this discussed with Nomasonto and Tax and was it explained to them?

MR JAGGA: On the farm already, Chairperson.

MR VISSER: What was the following thing you did - oh, I beg your pardon, just to make it clear. From the time that you fetched Betty Boom from Lesotho up to the time that you placed the three people back in Lesotho, what was the time that had elapsed?

MR JAGGA: I wonder if it's a week, Chairperson.

MR VISSER: It would a week or less?

MR JAGGA: Yes, a week or less.

MR VISSER: What was the following thing that happened?

MR JAGGA: Chairperson, a day or so later we received information again ...(intervention)

MR VISSER: Was this from the same informer or another informer?

MR JAGGA: This was another informer, Chairperson. ... also about a trained MK member that was in Roma, someone by the name of KK.

MR VISSER: Is this now Mbulelo Ngono?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And what information did you receive?

MR JAGGA: That he was in Roma and that he was visiting a friend close to the campus.

MR VISSER: Did you hear anything as to whether he was trained or not, or what was the situation?

MR JAGGA: He was also trained, Chairperson. I can also mention that when we received this information we already knew that he was trained.

MR VISSER: So you were aware of him before that?

MR JAGGA: That's correct, Chairperson.

MR VISSER: I shall ask you about that later in more detail. Did you also receive an address for him?

MR JAGGA: That is correct, Chairperson.

MR VISSER: What did you do then?

MR JAGGA: Chairperson, Jantjie and I discussed the issue with Robertshaw.

MR VISSER: Was Thulo present?

MR JAGGA: Yes, he was.

MR VISSER: And what was the conclusion of that conversation?

MR JAGGA: It was decided that Jantjie and Thulo would go to Roma, they would try to recruit this man and if it did not work, they would abduct him similar to what we did with Nomasonto and Tax, and take him to the farm.

MR VISSER: If the opportunity arose?

MR JAGGA: Yes, if the opportunity arose.

MR VISSER: So was that the instruction that Robertshaw gave?

MR JAGGA: That is correct, Chairperson.

MR VISSER: Before they left?

MR JAGGA: That's correct, Chairperson.

MR VISSER: What happened then?

MR LAX: Sorry, if I can just interpose here. You're going very quickly and you said: "Jantjie and I discussed the matter, Thulo was present", but was Robertshaw also present?

MR JAGGA: Yes.

MR LAX: Because I didn't hear you say Robertshaw at that point.

MR VISSER: No, I do apologise Chairperson. The question was: "Did you discuss it with Robertshaw and was Jantjie and Thulo also present", or something to that effect, but there were four of them.

CHAIRPERSON: They were four, that's how I understood it.

MR VISSER: Thank you, Chairperson.

So you say - what happened then? As far as you know, Thulo and Jantjie came there to the farm with KK.

MR JAGGA: Yes, they came there with KK.

MR VISSER: What happened then?

MR JAGGA: Chairperson, Jantjie and I once again took over the whole situation and we spoke to KK.

MR VISSER: What did you talk about?

MR JAGGA: About his background, about who he was, about who we were and we started working in the direction of recruiting him.

MR VISSER: Did you tell him what you wanted to know from him?

MR JAGGA: That's correct, Chairperson.

MR VISSER: And what was his reaction to that?

MR JAGGA: He was not really surprised, but he was half surprised that we actually knew that he was in Roma at the university there.

MR VISSER: What do you mean when you say he was not surprised and he was surprised?

MR JAGGA: I beg your pardon, I have expressed myself incorrectly there, Chairperson. He was reasonably surprised that we knew where to find him in Roma. ...(transcriber's interpretation)

MR VISSER: Did you get the impression that he was surprised?

MR JAGGA: He thought that no-one knew that he went to Roma now and then. That's what I mean.

MR VISSER: You have said that you succeeded in convincing him to become an informer as well.

MR JAGGA: That's correct, Chairperson.

MR VISSER: Did you think it was a successful recruitment?

MR JAGGA: Yes, that is what we thought, Chairperson, but I mean, we were never one hundred percent convinced that he had turned entirely.

MR VISSER: How long did you have him in your possession, if I may state it as such?

MR JAGGA: No longer than a day, Chairperson.

MR VISSER: Was that short period also an aspect that caused uncertainty?

MR JAGGA: That's correct, Chairperson.

MR VISSER: Whether he was recruited?

MR JAGGA: Yes, Chairperson. During that short period we did not receive much information from him.

MR VISSER: I just wanted to ask you now, did he give you any information?

MR JAGGA: He did, Chairperson, but it was not really valuable information.

MR VISSER: Can you recall what that information was?

MR JAGGA: Unfortunately not, Chairperson.

MR VISSER: Were you aware that he had been arrested before by QwaQwa Police?

MR JAGGA: No, we did not know about that, Chairperson.

MR VISSER: Are you prepared to accept that he had been arrested various times by the QwaQwa Police? I beg your pardon, I should have said that he was arrested various times by the police.

MR JAGGA: That's possible, Chairperson.

MR LAX: ...(inaudible)

MR VISSER: It is the mother of Mr Sejanamane at page 38. She refers to him as Tex, but she later corrects herself to say Tax.

MR LAX: You're talking about Mr Ngono now.

MR VISSER: Ngono.

MR LAX: They're two different people.

MR VISSER: Oh yes, of course. I'm sorry I'm making a mistake. I am sorry. Thank you for correcting that, you're absolutely correct.

So you had him there a day or possibly two?

MR JAGGA: It's possible.

MR VISSER: What did you do with him then?

MR JAGGA: In the same manner Jantjie and I took him back to Maseru and dropped him off at the Pitso Ground, Chairperson.

MR VISSER: During the day or during the night?

MR JAGGA: During the day, Chairperson.

MR VISSER: And did you ever heard from him again?

MR JAGGA: Never again, Chairperson, and we immediately assumed that the recruitment was not successful.

MR VISSER: Very well. Now with regard to KK, there were allegations from Mr Buthelezi that KK landed up in some roadblock, and the suggestion is that it was you, namely the Security Police, that stopped him and another person by the name of Mphilo and a person by the name of Radebe and attempted to shoot them dead. What happened there?

MR JAGGA: I know about that, Chairperson.

MR VISSER: Can you tell the Committee what happened there.

MR JAGGA: We were not involved there Chairperson, these people were on their way to Maseru from Mafikeng when they encountered a Police and Defence Force roadblock. They made the mistake of stopping and then the Police and Army personnel moved to them, a shooting ensued, one person was killed at the scene and Mphilo was wounded and KK ran away. Mphilo was thereafter taken to the Queen 2 Hospital in Maseru, where he was treated. Approximately one day later he in some strange manner was shot dead in his hospital bed.

MR VISSER: I beg your pardon, may I just ask you before you continue, what you are now telling the Committee is not your own knowledge?

MR JAGGA: No, Chairperson, this is not my own personal knowledge.

MR VISSER: Where did you obtain this information from?

MR JAGGA: From the Lesotho Police, Chairperson, after the incident.

MR VISSER: Who took Mphilo to the Queen 2 Hospital, according to your information?

MR JAGGA: The Lesotho Police, Chairperson.

MR VISSER: Do you know whether a docket was opened with regard to this incident in Lesotho?

MR JAGGA: Apparently there was an official investigation by the Lesotho authorities.

MR VISSER: Do you have any knowledge of what led to the fact that Mr Mphilo was shot dead in hospital?

MR JAGGA: No, Chairperson. I also do not know who did it.

MR VISSER: Was it not you?

MR JAGGA: It was definitely not I, Chairperson.

MR VISSER: Chairperson, I said Mr Buthelezi, but the reference is at page 57, it's Mr Mtunja that made reference to that issue.

You said they made the mistake of stopping at the roadblock, what did you mean by that?

MR JAGGA: Usually one would drive up to the roadblock and then you would stop, Chairperson, but before they got to the roadblock they stopped.

MR VISSER: I see. And that is why you said that apparently they moved to them?

MR JAGGA: That is correct, Chairperson.

MR VISSER: And were you informed who shot there or what the situation was?

MR JAGGA: All that I know is that it was Lesotho police officers and those persons were trained MK persons and they found arms on their possession.

MR SIBANYONI: Can I just ask while I still remember. I think in one hearing, I can't remember the particulars, it was involved Mphilo ...(indistinct) who was shot while lying in the bed. The question I want to ask you is, you said you heard it from the Lesotho police.

MR JAGGA: That's correct, Chairperson.

MR SIBANYONI: Did you also hear that strangely enough he was placed next to a window in the hospital?

MR JAGGA: That's correct, Chairperson. Can I just explain here that strangely enough his bed was not right next to the window, his bed was some way from the window and for some or other reason during the day, I think he and the other patient went to theatre and when they came back they were not placed in the same beds, and that is where the incident took place then.

MR SIBANYONI: Thank you, I just wanted to find out whether it's the very same person you're talking about.

MR VISSER: Chairperson, it is now half-past, but I'm very close to the end. Could I perhaps go on another five minutes?

CHAIRPERSON: Ja, certainly, if you could cover his evidence-in-chief and probably tomorrow morning ...

MR VISSER: Most of it. I will stop the moment I reach a point where I can conclude sensibly, Chairperson.

CHAIRPERSON: Okay.

MR VISSER: Thank you.

You have now already said that you have never heard from him again.

MR JAGGA: Never again, Chairperson.

MR VISSER: What - if we could go back to Betty Boom and her members, with regard to them, what happened to them?

MR JAGGA: Chairperson, Betty called us during the beginning of January of '88 and requested us to come and see her in Maseru. Jantjie and I then went and we went and saw her, whereupon she told us that she and the other two members were called back to Zambia. Jantjie and I told her that it would be better if they accompanied us back to South Africa, she may be known as an informer, but Betty felt that that was not the case and that she wanted to comply with the request.

MR VISSER: May I just ask you then to take a step backwards. Before this meeting with Betty in Lesotho, did you after you dropped her off at the taxi rank, contact her again before this meeting in which she gave you information?

MR JAGGA: Yes, Chairperson, we did.

MR VISSER: What was that information about? Can you recall?

MR JAGGA: I cannot recall now, Chairperson.

MR VISSER: Very well, it does not matter. But when you met her in January of 1988 - Chairperson, I neglected to say that in paragraph 42 at page 7I, the date must clearly be 1988, not 1989. I apologise for that typing error. It's the first sentence in paragraph 42, at page 7I.

CHAIRPERSON: Could you bear with me, Mr Visser. Which sentence there?

MR VISSER: The first sentence, Chairperson, the second-last word is 1989, it should read 1988. Thank you.

Was Nomasonto and Tax present during this discussion that you had with Betty?

MR JAGGA: No, she was alone.

MR VISSER: And she indicated against your advice, yours and Jantjie's advice, that she would go to Lusaka?

MR JAGGA: That is correct, Chairperson.

MR VISSER: Did you have contact with her thereafter?

MR JAGGA: No, Chairperson.

MR VISSER: Mr Jagga, I wish to ask you to tell the Committee what do you think - you know what this thing looks like, there were four people that you had, on your own evidence fetched from Lesotho, brought them to South Africa, that you say that you took back to Lesotho and all four are missing? You know what this looks like, it looks like you possibly killed those people.

MR JAGGA: Yes, I know that's what it looks like.

MR VISSER: What do you say?

MR JAGGA: I deny that vehemently, Chairperson.

MR VISSER: Why should the Committee believe you when you say you deny it?

MR JAGGA: Chairperson, there was no reason why we would or had to kill these four persons.

MR VISSER: If I argue with you: yes, but is not so that what happened was that they refused to become informers and then you had to kill them?

MR JAGGA: Chairperson, if they refused to become informers we would have taken them back to Lesotho.

MR VISSER: And what would that have established?

MR JAGGA: We would have let information or rumours fly from our informers that they were indeed informers and then the ANC would have called them back to Zambia. Or, we would have reported them to the Lesotho Police, who would also would have arrested them and deported them.

MR VISSER: What do you say what are the possibilities of what happened to these people?

MR JAGGA: Chairperson, a few possibilities. The ANC could have found out that they were informers and then they had to go back to Zambia. Some of the underground people in Lesotho could have found out that they were informers, and we know what happened to people who acted as informers. Other intelligence organisations, Military Intelligence, they had people in Lesotho as well.

MR VISSER: Are you referring to Lesotho or South African Military Intelligence?

MR JAGGA: South African Military Intelligence. They could have found some of these people and what happened to them then I do not know, Chairperson.

MR VISSER: So you are saying that there are various possibilities?

MR JAGGA: Yes, there are various permutations.

MR VISSER: But your evidence with regard to this is positive that you did not kill them, not one of them?

MR JAGGA: That's correct, Chairperson, there was no reason.

MR VISSER: Chairperson, I've reached the stage where I can sensibly break and perhaps continue tomorrow and just complete it tomorrow. Thank you. I'm just about finished.

CHAIRPERSON: Thank you. We will adjourn for the day. Could we commence at nine in the morning, tomorrow the 13th of October 2000. Thank you. We are adjourned.