11.1478 - 255 - molete...11.2 4.7 4 -260- molete people are not built the same as blacks. in what...

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open my kitchen door and the sound of breaking glass from my bedroom window. 4. When the door eventually gave in, a black man appeared at the door, carrying a spear and wearing a white headband. He said "pumani zinja" (Get out you dogs)." What language do you speak? — I am Sotho, I speak Southern Sotho. Can you speak Zulu or understand Zulu? — I do under- stand Zulu but I cannot respond in Zulu. (10) Right: rfe slapped me and then other men followed him into the shack and they all started to hit and kick me. Other men also broke into the shack from the back." Could you tell us what the race was of the attackers at that stage? — They were black. * Right: "5. A man then stabbed Pule, my brother-in-law, on his shoulder and Pule ran out of the shack, through the hole that the attackers had made at the back of (20) the shack. Could you identify that man? — No, there was too much con- fusion. The people were many in the shack. Can you say whether he was white or black? — I cannot say there was just such confusion. Thank you: "6. While we were being assaulted, I tried to take Mita, my 3 year old niece from her mother, Mirriam. Mirriam was holding Mita in her arms when one of the men hacked Mita's head open with a panga, at (30) 11.1478 - 255 - MOLETE

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Page 1: 11.1478 - 255 - MOLETE...11.2 4.7 4 -260- MOLETE people are not built the same as blacks. In what way? — Men would be taller, they would have broader shoulders. Hm._ Is that your

o p e n m y k i t c h e n d o o r a n d t h e s o u n d o f b r e a k i n g

g l a s s f r o m m y b e d r o o m w i n d o w .

4. W h e n t h e d o o r e v e n t u a l l y g a v e in, a b l a c k m a n

a p p e a r e d a t t h e d o o r , c a r r y i n g a s p e a r a n d w e a r i n g

a w h i t e h e a d b a n d . H e s a i d " p u m a n i z i n j a " (Get o u t

y o u d o g s )."

W h a t l a n g u a g e d o y o u s p e a k ? — I a m S o t h o , I s p e a k S o u t h e r n

S o t h o .

C a n y o u s p e a k Z u l u o r u n d e r s t a n d Z u l u ? — I d o u n d e r ­

s t a n d Z u l u b u t I c a n n o t r e s p o n d in Zul u . (10)

R i g h t :

rfe s l a p p e d m e a n d t h e n o t h e r m e n f o l l o w e d h i m i n t o

t h e s h a c k a n d t h e y a l l s t a r t e d t o h i t a n d k i c k me.

O t h e r m e n a l s o b r o k e i n t o t h e s h a c k f r o m t h e b a c k . "

C o u l d y o u t e l l u s w h a t t h e r a c e w a s o f t h e a t t a c k e r s a t t h a t

s t a g e ? — T h e y w e r e b l a c k . ’ *

R i g h t :

"5. A m a n t h e n s t a b b e d P u l e , m y b r o t h e r - i n - l a w , o n h i s

s h o u l d e r a n d P u l e r a n o u t o f t h e s h a c k , t h r o u g h t h e

h o l e t h a t t h e a t t a c k e r s h a d m a d e a t t h e b a c k o f (20)

t h e s h a c k .

C o u l d y o u i d e n t i f y t h a t m a n ? — No, t h e r e w a s t o o m u c h c o n ­

f u s i o n . T h e p e o p l e w e r e m a n y i n t h e s h a c k .

C a n y o u s a y w h e t h e r h e w a s w h i t e o r b l a c k ? — I c a n n o t

s a y t h e r e w a s j u s t s u c h c o n f u s i o n .

T h a n k y o u :

"6. W h i l e w e w e r e b e i n g a s s a u l t e d , I t r i e d t o t a k e

M i t a , m y 3 y e a r o l d n i e c e f r o m h e r m o t h e r , M i r r i a m .

M i r r i a m w a s h o l d i n g M i t a in h e r a r m s w h e n o n e o f

t h e m e n h a c k e d M i t a ' s h e a d o p e n w i t h a p a n g a , a t (30)

1 1 . 1 4 7 8 - 255 - M O L E T E

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t h e s a m e t i m e i n j u r i n g h e r m o t h e r ' s h a n d a n d arm.

7. O n e o f t h e m e n t h e n s a i d t o m e i n Z u l u t h a t I

s h o u l d t a k e o u t t h e g u n s . I s a i d w e h a d n o gun s .

T h e y t h e n s t a r t e d m o v i n g o u t o f t h e s h a c k .

8. I s t a r t e d s h o u t i n g f o r P u l e . S o n p o n e o u t s i d e s a i d

in Z u l u t h e d o g is d e a d " . H e s p o k e Z u l u w i t h a

w h i t e a c c e n t " .

C a n y o u p e r h a p s e l a b o r a t e o n t h a t ? H o w d o y o u k n o w w h e n a

w h i t e p e r s o n s p e a k s Z u l u ? — W h e n a w h i t e p e r s o n l e a r n s to

s p e a k Z u l u y o u c a n t e l l . H e d o e s n o t s p e a k q u i t e w e l l (10)

Z u l u .

M R S I T H O L E : C o u l d y o u i m i t a t e t h i s p e r s o n w h o s a i d " t h e

d o g is d e a d " ? C o u l d y o u s a y i t i n Z u l u ? — ( W i t n e s s p r o ­

n o u n c e s w o r d s ) T h e p e r s o n h a d s a i d l i k e I h a v e s a i d n o w :

" p u m a n i z i n j a " .

Ye s , b u t w e a r e d e a l i n g w i t h p a r a g r a p h 8 n o w . W a s it

t h e s a m e p e r s o n w h o s p o k e , t o w h o m y o u r e f e r r e d i n p a r a g r a p h

4? 1-11 w a s t h e s a m e p e r s o n y e s a n d t h a t p e r s o n h a d " i t h i

z i n j a " (?).

M R _ D U T O I T : B u t i t c a n n o t b e b e c a u s e y o u s t a r t i n p a r a - (20)

g r a p h 4 s a y i n g i t w a s a b l a c k m a n t h a t a p p e a r e d a t t h e d o o r

a n d w h o s a i d " p u m a n i z i n j a " . — T h e f i r s t w o r d s " p u m a n i *

z i n j a " - g e t o u t d o g s - w a s u t t e r e d b y a b l a c k p e r s o n .

Ye s . — T h e s e c o n d w o r d s w e r e u t t e r e d b y a w h i t e p e r s o n .

W h a t w a s t h e s e c o n d w o r d ? — T h e d o g is d e a d .

W h a t is t h a t i n Z u l u ? — H e s a i d " i n j a i p h i l e " (|?)

So y o u h e a r d t w o s e n t e n c e s , t h e f i r s t t i m e w h e n t h e

b l a c k m a n s a i d i t a n d t h e n e x t t i m e w h e n y o u s a y a w h i t e

m a n s a i d c e r t a i n w o r d s . N o w w h a t w a s t h e d i f f e r e n c e b e t w e e n

t h e t w o in p r o n u n c i a t i o n o r a c c e n t , I d o n o t k n o w . — T h e (30)

f i r s t / . .

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f i r s t o n e a f t e r t h e w i n d o w h a d b e e n b r o k e n said: " G e t o u t

d o g s . T h e s e c o n d o n e said: " t h e d o g is d e a d " .

L e t us r e a d f u r t h e r f r o m p a r a g r a p h 8. Y o u s a i d h e r e :

I h e a r d h i s a c c e n t g u i t e c l e a r l y . He w a s w e a r i n g a

b a l a c l a v a . I c o u l d s e e it w a s a w h i t e p e r s o n . H e

w a s s t a n d i n g o p p o s i t e t h e k i t c h e n door, w i t h a r i f l e

p o i n t e d in t h e d i r e c t i o n o f t h e d o o r . "

N o w w h a t is t h e p o s i t i o n a t t h a t s t a g e ? W h e n y o u s a w t h e

w h i t e p e r s o n a t t h a t s t a g e h a d y o u a l r e a d y i d e n t i f i e d t h a t

h e w a s a w h i t e p e r s o n o r d i d i t j u s t c o n f i r m y o u r v i e w s (10)

t h a t i t w a s a w h i t e p e r s o n ? — I d o n o t t h i n k I c a n p r o p e r l y

g e t t h r o u g h t o t h i s w i t n e s s . S h e s a y s yes, I w a s s a t i s f i e d

t h a t t h i s w a s a w h i t e p e r s o n . I d o n o t t h i n k t h e r e w a s t i m e

f o r m e t o g e t s a t i s f i e d w i t h a n y t h i n g . I w a s i n f e a r .

B u t j u s t t e l l us, h o w w e r e y o u s a t i s f i e d t h a t i t w a s

a w h i t e p e r s o n ? W h a t m a d e y o u t h i n k t h a t it w a s a w h i t e

p e r s o n ? W h a t s a t i s f i e d m e t h a t t h i s w a s a w h i t e p e r s o n

is t h a t e v e n t h o u g h h e w a s w e a r i n g t h e b a l a c l a v a h i s f a c e

w a s e x p o s e d a n d I s a w t h e f a c e t h a t i t is t h a t o f a w h i t e

p e r s o n . ^20)

B e f o r e y o u s a w h i s face, b e f o r e y o u s a w t h i s f a c e now,

d i d y o u r e a l i s e w h i l s t s p e a k i n g t h a t t h i s w a s a w h i t e p e r ­

s o n . - - W h i l e h e s p o k e ?

Y e s , b e c a u s e h e f i r s t s p o k e a n d t h e n she s a w h i s face,

is t h a t c o r r e c t , o r d i d t h a t h a p p e n s i m u l t a n e o u s l y ? — Yes,

I h a d h e a r d w h a t w a s b e i n g s a i d w h a t I t h o u g h t w a s b e i n g

s a i d i n t h e a c c e n t o f a w h i t e p e r s o n a n d s e e i n g t h i s w h i t e

p e r s o n w h o s e f a c e w a s e x p o s e d I w a s s a t i s f i e d t h a t t h i s w a s

a w h i t e p e r s o n .

W h e n y o u h e a r d h i m s p e a k a t t h e s a m e t i m e d i d y o u (30)

1 1 . 1 8 3 4 - 257 - M O L E T E

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• ^ UJ6 - 2 5 8 - M O L E T E

s e e h i s f a c e o r n o t ? — I d i d s e e t h e f a o e s i m u l t a n e o u s l y

w i t h w h a t h e w a s s a y i n g b e c a u s e a s h e s p o k e h e h a d t h e g u n

w h i c h w a s p o i n t e d a t t h e h o u s e .

W h a t t y p e o f g u n d i d h e p o s s e s s ? — W e l l , I d o n o t k n o w

g u n s , b u t it w a s a l o n g gun.

W h a t w a s he d o i n g at t h i s s t a g e ? W a s h e j u s t s t a n d i n g

t h e r e , t h e w h i t e m a n ? — H e s t o o d t h e r e f a c i n g i n t o t h e

h o u s e , i n t o m y h o u s e .

W a s it d a r k i n s i d e t h e h o u s e ? — i t w a s n o t d a r k b e ­

c a u s e t h e s h a c k h a d b e e n b r o k e n f r o m t h e o t h e r s i d e . T h e (10)

l i g h t s w e r e o n a n d t h e y w e r e s h i n i n g i n t o t h e h o u s e . T h e r e

w a s a l s o M o o n l i g h t .

W h a t l i g h t ? — O n e c a n d l e w a s a l s o s t i l l b u r n i n g .

W h a t l i g h t s ? T h e l i g h t s o u t s i d e i n t h e s t r e e t .

T h e A p o l l o l i g h t s ? - Ye s , it is t h e s e h i g h l i g h t s .

W a s t h a t t h e o n l y w h i t e p e r s o n t h a t y o u s a w t h a t n i g h t ?

A t t h a t s t a g e , s o r r y — W e l l , I n o t i c e d t h i s w h i t e p e r s o n

a n d a n o t h e r o n e w h o c a m e in t h r o u g h t h e b r o k e n p o r t i o n o f

t h e s h a c k . H e w a l k e d o v e r t h e p l a n k s o f t h e s h a c k t h a t

h a d b e e n b r o k e n d o w n a n d g o t i n t o t h e - b e d r o o m . (20)

W h e n d i d t h a t h a p p e n ? — J a , t h e s h a c k h a d b e e n b r o k e n

d o w n . T h e r e w a s t h a t o p e n i n g a n d w e t h e n s a w h i m . T h i s

w a s w h i l e t h e r e w a s o n e p e r s o n s t a n d i n g o u t s i d e , t h e o t h e r s

h a d c o m e in a n d t h e y h a d h i t me.

W a s t h i s b e f o r e o r a f t e r t h i s m a n s p o k e i n Z u l u w i t h '

t h e w h i t e a c c e n t ? - Ye s , a n d it w a s a l s o b e f o r e I c a l l e d

o u t t o P u l e .

W a s i t b e f o r e t h i s m a n s p o k e i n Z u l u : " t h e d o g is d e a d " ?

-- Yes.

D i d h e s p e a k to y o u , t h a t m a n ? — No. ( 3 0 )

D i d /..

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1 1 . 2 2 6 6 - 2 5 9 - M Q L E T E

D i d h e s p e a k t o a n y o n e ? — No, w e w e r e j u s t b e i n g h i t

a n d w e w e r e ‘c r y i n g a n d s c r e a m i n g .

J u s t l i s t e n t o t h e q u e s t i o n : D i d h e s p e a k t o a n y o n e

e l s e ? -- No.

D i d he h a v e a n y o b j e c t i n h i s h a n d ? — Y e s , h e did.

W h a t ? — H e h a d s o m e t h i n g l i k e an axe.

L i k e a n a x e ? — Ye s .

D i d h e d o a n y t h i n g w i t h t h e a x e ? — H e c h o p p e d M i t a

w i t h t h i s o b j e c t .

D i d y o u s e e t h a t ? — Ye s , b e c a u s e I w a s t r y i n g to drag(10)

M i t a o f f h e r m o t h e r . ’ „

W a s he t h e o n l y p e r s o n t h a t h i t M i t a ? — T h e y w e r e

j u s t so m a n y , h e w a s n o t t h e o n l y p e r s o n . T h e r e w e r e m a n y ,

w e w e r e b e i n g a t t a c k e d .

If I c a n r e f e r b a c k t o p a r a g r a p h 6, t h e s e c o n d s e n t e n c e

h e r e y o u say:

" M i r r i a m w a s h o l d i n g M i t a i n h e r a r m s w h e n o n e of

t h e m e n h a c k e d M i t a 's h e a d o p e n w i t h a p a n g a . "

— Y e s , t h a t is so.

W h o is t h a t " o n e o f t h e m e n " . W a s i t a w h i t e p e r s o n (20)

o r a b l a c k p e r s o n ? — I t w a s a w h i t e p e r s o n .

W a s t h a t t h e p e r s o n t h a t y o u j u s t r e f e r r e d t o ? — Yes.

N o w t h i s m a n , w a s h e w e a r i n g a n y t h i n g o n h i s h e a d ? —

T h e y w e r e w e a r i n g b a l a c l a v a s .

A l l o f t h e m ? — Y e s , t h o s e t h a t I saw.

So e x c e p t f o r t h e i r f a c e s d i d y o u s e e a n y t h i n g e l s e

o n t h e i r b o d i e s t h a t y o u c a n s a y t h e y w e r e w h i t e p e r s o n s ?

— I t is t h e i r b u i l d , t h e i r h e i g h t , t h e f a c e , p a r t i c u l a r l y

t h e n o s e a n d t h e e y e s a n d t h e c o m p l e x i o n .

W h a t a b o u t t h e b u i l d a n d t h e h e i g h t ? — T h e w h i t e (30)

p e o p l e / ..

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1 1 . 2 4.7 4 - 2 6 0 - M O L E T E

p e o p l e a r e n o t b u i l t t h e s a m e as b l a c k s .

I n w h a t w a y ? — M e n w o u l d b e t a l l e r , t h e y w o u l d h a v e

b r o a d e r s h o u l d e r s .

H m . _ Is t h a t y o u r e x p l a n a t i o n ? — Yes.

A l r i g h t , l e t u s m o v e o n t o p a r a g r a p h 9:

"9. T h e a t t a c k e r s t h e n l e f t m y s h a c k a n d m o v e d to

n e i g h b o u r i n g s h a c k s .

10. A f t e r t h e a t t a c k e r s h a d l e f t , M i r r i a m a n d I w e n t

to m y s i s t e r ' s s h a c k n e x t d o o r ( s h a c k n o . 19). I

p u t M i t a o n a b e d a t m y s i s t e r ' s s h a c k a n d w e n t (10)

i n t o t h e t o w n s h i p t o l o o k f o r a t e l e p h o n e t o c a l l

t h e a m b u l a n c e . O n m y w a y I s a w a g r o u p o f m e n

g o i n g u p B a k o e n a S t r e e t . T h e y w e r e a r m e d . isome

w e r e t h r o w i n g s t o n e s a t h o m e s . W h e n I r e t u r n e d ,

I f o u n d t h a t M i r r i a m h a d f l e d w i t h M i t a . I w a s

t o l d t h a t t h e y h a d g o n e t o h i d e i n t h e r u b b i s h d u m p

b e h i n d t h e s q u a t t e r c a m p . I j o i n e d t h e m a t t h e

d u m p i n g s i t e . "

N o w i f y o u l o o k a t E X H I B I T 3, p h o t o g r a p h 2, d o y o u s e e t h e

d u m p i n g s i t e t h e r e ? — I t is t h e a r e a I h a v e i n d i c a t e d (20)

w i t h t w o X ' s m a r k e d 10. B e y o n d t h e l i n e t h a t i n d i c a t e s J.

S o y o u m a r k e d t w o c r o s s e s t h e r e . A t w h i c h p o i n t w e r e

y o u s t a n d i n g ? — I t w a s at a s p o t d i r e c t l y o p p o s i t e B a p e d i

S t r e e t , I h a v e m a r k e d t h a t Xll.

C H A I R M A N : I t h i n k c a r r y o n in t h e m e a n t i m e .

M R D U T O I T : Y e s , w h i l e it is b e i n g s h o w n to c o u n s e l , t h i s

d u m p i n g g r o u n d , t h e r u b b i s h d u m p t h a t y o u r e f e r to, is it

h i g h e r o r l o w e r t h a n t h e t o w n s h i p ? — I t is h i g h e r .

A n d w h e n y o u s t a n d t h e r e c a n y o u s e e t h e t o w n s h i p f r o m

t h e r e ? — Y e s . (3 0 )

R i g h t / . J

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1 1 . 2 7 9 0 - 2 6 1 - M O L E T E

R i g h t , l e t us m o v e o n f r o m y o u r s t a t e m e n t :

F r o m t h e r u b b i s h d u m p I c o u l d s e e t w o C a s s p i r s

t u r n i n g i n t o S e k h u k h u n e S t r e e t a n d m o v i n g in a

n o r t h e r l y d i r e c t i o n . A t t h i s s t a g e t h e a t t a c k e r s

w e r e s t i l l i n B a k o e n a S t r e e t . T h e y w e r e s t i l l

b r e a k i n g w i n d o w s a n d a t t a c k i n g h o u s e s . I d i d n o t

s e e t h e C a s s p i r s t a k i n g a n y a c t i o n . "

Y o u s a i d y o u s a w t h e C a s s p i r s t u r n i n g i n t o S e k h u k h u n e S t r e e t .

F r o m w h e r e d i d t h e y c o m e b e f o r e t h e y t u r n e d ? — S h a l l I

i n d i c a t e o n t h e p h o t o g r a p h ? - (10)

Y e s , p l e a s e .I

C H A I R M A N : J u s t t e l l us, d o e s s h e k n o w t h e s t r e e t w h e r e

t h e y c a m e f r o m ? T h e C a s s p i r s w e r e c o m i n g d o w n B a p e d i

S t r e e t a n d t h e y t u r n e d i n t o S e k h u k h u n e .

T u r n e d l e f t o r r i g h t ? — T h e y c a m e d o w n B a p e d i a n d

t u r n e d i n t o S e k h u k h u n e w h i c h w o u l d h a v e b e e n t u r n i n g l e f t

i n t o S e k h u k h u n e .

W e r e t h e y b e h i n d e a c h o t h e r ? — T h e y w e r e b e h i n d e a c h

o t h e r t h o u g h n o t so c l o s e .

W e r e t h e i r l i g h t s o n o r o f f ? - - T h e i r f r o n t l i g h t s (20)

w e r e on.

B o t h o f t h e m ? — Y e s .

A t w h a t t i m e w a s t h a t , c a n y o u s a y ? — I d i d n o t n o t i c e

t h a t .

W a s it l o n g a f t e r t h e f i r s t i n c i d e n t w h e n y o u s a w t h e

p e o p l e a r r i v i n g t h e r e a n d y o u h e a r d t h e l o u d n o i s e s ? ^ — I t

w a s n o t v e r y long.

B u t y o u s a y t h e a t t a c k e r s w e r e a t t h a t s t a g e in B a k o e n a

S t r e e t ? — Yes, t h e y w e r e i n B a k o e n a S t r e e t .

W h e r e in B a k o e n a S t r e e t ? D o y o u s e e t h e t r e e s t h e r e (30)

a t / . .

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1 1 . 3 0 1 0 - 2 6 2 - M O L E T E

a t t h e b o t t o m o f p h o t o g r a p h 2 o f E X H I B I T 3, t h e m i d d l e o f

t h e p h o t o g r a p h ? T h a t is B a k o e n a S t r e e t , j u s t i n f r o n t o f

B a k o e n a S t r e e t .

N o w w e r e t h e r e a t t a c k e r s t o t h e l e f t o r to t h e r i g h t

o f t h e t r e e s i n t h e m i d d l e w h e n y o u s a w t h e m f r o m t h e d u m p ?

T h e y h a d g o n e p a s t t h e s e t r e e s , t h e y w e r e to t h e r i g h t

o f t h e t r e e s . T h e y w e r e i n t h e v i c i n i t y t h a t I h a d m a r k e d

X 1 2 .

C H A I R M A N : W e w i l l t a k e t h e a d j o u r n m e n t a t a c o n v e n i e n t

s t a g e , M r D u T o i t . (2

M R D U T O I T : Y e s , t h i s w o u l d b e a c o n v e n i e n t s t a g e n o w .

M R H A T T I N G H : M r C h a i r m a n , t h e r e p o r t , o u r r e s p o n s e t o

D r W a d d i n g t o n ' s r e p o r t is a v a i l a b l e , M r C h a i r m a n .

C H A I R M A N : V e r y w e l l , i f t h a t c a n b e d i s t r i b u t e d i n f o r m a l l y

a n d if w e c o u l d h a v e f o u r c o p i e s f o r t h e c o m m i t t e e .

T H E C O M M I S S I O N A D J O U R N S U N T I L M O N D A Y 10 A U G U S T 1992

(2 0 )

( 30)

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THE COMMISSION RESUMES ON 10-08-1992

FLORENCE M O L E T E , still under oath: (Through Interpreter)

EXAMINATION by HR DU TO IT (Continued): Mr Interpreter, did the

other interpreter give you the statement?

INTERPRETER: No.

— -DU T 0 1 T : May 1 Perhaps just Mr Chairman, just borrow one

of the statements just to be given to the witness?

C H A I R M A N : Here we are.

— DU T0 II : The interpreter - I do not know what happened to

him, he is not here. We are busy on paragraph 11 of your ( K

statement, and start with paragraph 1 1 . I will read further:

• "11. The group at the dumping ground was increasing as

more people sought refuge there. I decided to go

and fetch some blankets for the injured, ohce I

saw that the armed men had left the vicinity. On

my way back home I came across the corpse of a

pregnant woman and covered it up with a blanket that

she had around her waist. I also went to shack

No. 23 and found that Mrs Malindi had been injured

and her child Agnes of plus-minus five years old (2(

had had her stomach slit open. The child later died

in h o s pita 1 .

12. When I reached my shack I began to look for Pule,

I was told that there was a body behind shack No. 15.

On inspection of this body I discovered that it was

the body of Pule my brother-in 1 a w ^ .

13. Ambulances began to arrive on the scene. Mirriam

and Mita. came down from the dumping-site and they

were taken to hospital by ambulance. Mirriam had

a panga wound on her hand and a stab wound between (30

h e r / ----

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her breasts. Mita had panga wounds on the.head

and was unconscious at that stage. Mirriam is now

out of hospital and Mita' has been transferred to

Baragwanath Hospital. We are made to understand

that she will likely suffer permanent disability.

I was lucky to escape with hits and kicks only."

Do you confirm this statement? -- Yes.

Is there anything you wish to add or to change tjo it at

this stage? -- No. As the statement is, it is what happened.

Thank you, Mr Chairman. - (10

CHAIRMAN: Mr Chaskalson?-------------------------------------------- 1

EXAMINATION BY MR C H A SKALSON: I have a few questions, Mr Chairman.

Mrs Molete, on Friday you told us how some men came in, broke

down one of the doors of your house. -- (The question was: On

Friday..?)

On Friday you told us how some men broke into your house

by knocking down a door. -- Yes.

And at the same time, people also broke into your house

from the back? -- Yes.

Those people who broke in from the back, how did they get (2(

in? -- It is the shack itself that they broke down.

So you w e r e ..(i n t e r v e n e s A n d the portion that was broken

down after it being open, they came in through that.

I see. So that they broke down a whole wall of your shack?

-- Yes, the shack is actually built of planks.

Yes. Is it only one room which is divided into two?

Mr Chaskalson continues).

Was it one room, divided into two spaces? -- Yes.

And was the whole shack then knocked down by these people

as they came in? -- It is a portion of the one room of the (3

building/....

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building that was broken down.

I see. And so - and then you picked up your sifter's

child and you describe how the child was attacked while in

your arms, in the sister's arms? -- You see, there was a con­

fusion in these attacks on us. Now, while I was also being

attacked, I rushed to my sister to take the child from her.

Yes. Yes, in fact you told us, I think on Friday that

you were very confused? -- That is so, yes.

Was it a terrible experience? -- Yes, it was.

Were you very afraid that night? -- Yes, I was. (1(

I noticed on Friday when you were giving evidence, MrsJ

Molete, you talked very quietly? -- Yes, you see, repeating or

relating what is contained in this statement, just took me

back to those experiences.

You sat with your hand over your face looking down a lot

of the time? -- Yes, that is so.

Why was that? -- Well, what is contained in this statement

was just reminding me of where Mita is and this hurt me deeply.

Now, is it right Mrs Molete that you really are very con­

fused? -- Yes, though I am still able to speak.

One last thing I want to ask you, Mrs Molete: Would it be

right to say that it is really very difficult for you to remembej

really what happened that night? -- Well, I do remember the

incident. There are some details that I don't very clearly

re m e m b e r .

Now, I think you - have [you sat in a room like this, with

all people around you, before, having to give evidence ever

before? -- This is the first time.

How does it feel, sitting in this big room with all these

people around you, looking at you while you tell your story? (3'

-- Well/,____

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-- Well, I feel afraid speaking, being listened to and looked

at by so many people, but I do have the little courage to

continue.

You were up in court, was it right Mrs Molete that you

started your evidence on Friday? -- Yes.

And you were waiting from here - I call it a court room,

it isn't really a court room but in this building, from Tuesday

until Friday, until you were called to give evidence? -- Yes,

that is so.

How did you feel, waiting all those days to give evidence?(10

-- I felt some courage to come and relate.

Yes. At the beginning, did you want to give evidence, when

you were first asked to give evidence, how did you feel about

that? -- Well, I thought about that, as the people were talking

to me and I thorn realised and started feeling that it is proper

for me to come and give evidence.

Mrs Molete, one last question: What year were you born in?

-- I think it was 1952.

Thank you, Mrs Molete.

CHAIRMAN: Mr Hattingh? (2C

EXAMINATION BY MR HATTINGH: Thank you, Mr Chairman. Mrs Molete,

when were you approached for the first time to tell anybody

about what had happened on this evening? -- I cannot remember.

Can you give us some indication, was it a day after the

incident, or two or three days, or a week ma y b e 9 -- I really

' V ijust cannot remember well. You see, we are still just very

confused as a result of that incident and it was also during

the time that we were - arrangements were being made for the

funeral of my late brother-in-1 a w . Now whether the people that

approached me came after his funeral or before his funeral,- I (30

j u s t / ....

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K 12.0505 - 267 - F MOLETE

just cannot remember.

Right. Now, were you ever approached by the police for

a statement? -- Yes, they did come.

Can you recall when that was? -- No, I don't know wheni

they came, I just did not speak to them because I feared tnem.

Did you tell them tfiat you were not prepared to give them

a statement? -- No, I just closed the door because I fear them.

You see, I have actually feared the police from my childhood.

Were you told by anybody not to speak to the police? --

No, nobody said this to me. (1

Now, a person approached you for a statement, was that a

member of your community there? -- Are you referring - I do not

understand you, are you referring to this statement here?

Well, I don't know how many statements you have made. I

am talking about the occasion when - that you told us about when

you were approached by somebody for purposes of obtaining a

statement from you. -- I don't remember when it was, but this

is now with reference to this statement here. The people that

came and spoke to me, as they spoke to me, I realised that these

were kind people- and that it is important for me to ^give them (2

a statement.

And did you then give them this statement? -- (Did you then

give. .?)

The statement, or a statement. -- I spoke to them, yes,

having realised that these are people of peace.

And where did this discussion take place, was it at your

house? -- It was at my place of employment.

And who else was present, apart from the person who obtainec

the statement from you? -- You see what happened is it was a

white lady, after those people had spoken to a man that works (3(

with / ... .

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with me, I was called. I had been at the back. They just came

there, greeted, and I was then called from the back.

What I am trying to get from you is the circumstcinces under

which the statement was taken from you: Were you taken into an

office by the person, the white lady who came there? -- It was

at my place of work. You see, because this is a shop, I realised

that it would not be proper for me to be talking to these people

while members of the public keep coming in and going out, and I

then went to the kitchen with them. This is where we then

continued talking. ( jq

And at the time you realised that now you were amongst

friends? -- Yes.

And you had nothing to fear. -- Yes.

And did you then tell them what happened and did they re­

cord what you told them? -- Yes, we had a discussion and in the

course of the discussion they were writing.

Yes. Now, was that the occasion on which they obtained the

statement which is now before you? -- Yes.

Yes, now why did you not tell them about the second white

man who came into your house? -- You see, this was after the (20

(the word used by the witness "mayo" mean the funeral, or after

the death. Literally translated it is "after the death"), we were

still confused and now I just - I don't remember so well. We

were just still very confused.

Is it possible that as a result of your confusion, you are

also making a mistake as to the presence of white men at your

house on the night in question? -- That there were whites at this

place, I am certain about this.

And why did you omit to say in your statement that it was

in fact one of these white men who chopped the child? -- Well, (3C

I / ____

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K 12 . 0 8 5 6 o c Q- db9 ~ F MOLETE

I did make mention of a man that chopped the child.

Yes, but why didn't..(intervenes). - And it is a fact that

the man that chopped this child was a white man.

Yes, and why did you say in your statement that that man

chopped the child with a panga, whereas in your evidence here

you said it was something like an axe? - is an axe and a panga

not one and the same thing?

Oh, no, come now Mrs Molete. Surely you know the difference

between an axe and a panqa? -- Wpii it ir ,. .p y • w e l l > 11 ls something like an axe

it is built or shaped like an axe. ( K

And the panga is like a big, broad knife? - Well, the

object that was used when the child was chopped was something

that one was chopping with, just like you would do when you

chop wood.

And Why - sorry? - This is why it is said it was a panga.

Why, When you were asked to repeat in Zulu what the white

man had said did you repeat the words in paragraph 4 of your

statement? "Pumani zinja". - W e l l , lt . the reason .1 ^ ^

I gave here that Friday was my first experience of talking to

people of this number in circumstances such as these, and (2C

relating that those incidents, just reminded me of the experience

and I just got confused a little again.

In your statement, paragraph 8, you said that - you spoke

about a white man who was standing opposite the kitchen door

with a rifle pointed in the d i r p r t i n n n f ^a 1rection of the door, paragraph 8

the last two sentences. -- Yes that i wh^+ htnat is what happened. There

was a white man who stood there.

Now, was he already standing there when your brother-in-law

was stabbed? - y o u see, what happened is that after the door

got open the men with white bands around their heads, came i n . (30

A s / ----

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As I looked up in the direction of the door, because {I also

had my hands on my face, I saw another man standing there with

a gun in his hand, and I realised he was a white man.

Yes, and thereafter your brother-in-law was stabbed? -- You

see, this is actually what happened. These people came in, I

looked up with my hands on my face and there is already immediate­

ly, an attack on us. At the same time there is chopping on the

shack from behind. After it got broken down, people came in

and we were just simply being attacked.

Yes, and your brother, after he - brother-in-law, sorry. (1C

After he was stabbed, he managed to get out of the house through

that hole, or that opening that the attackers had made at the

back of the house, not so? -- Ja, you see there is - there is a

fight, we are just being attacked and we have just been trying

to get through these people .to escape. He managed to get through

out of this building through the opening that had been made. He

did not get out of the building by the door.

Yes. When you heard the white man say "the dog is dead"

that white man must have still been standing in front of the

door where you saw him for the first time? (2(

CH AIRMAN : Mr Hattingh, I might i nd i ca te- th at as far as the

Committee is concerned, you do not need to cross-examine atL

any length with regard to the detail, having regard to the

witness's confusion.

MR HATTINGH: Thank you, Mr Chairman. Then I will just - would

you want an answer to that question or can I. . (intervenes).

CHAIRMAN: Yes, yes.

MR HATTINGH: Can I proceed with another aspect?

CHAI R M A N : Yes. -- The person that said "the dog is dead" was

saying this, it sounded like the person was in that iportion (3

of / ... .

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K12.1224 _ 271 - F MOLETE

of the building that had been broken down.

MR H A T T I N G H : Now I want to put it to you that from where

you were hiding in the veld you could not see what was going

on in Bakoena Street. -- What I could see in Bakoena, I could

see because I was on the top of the rubbish dumped there.

Yes. My attention is drawn to the fact that you actually

saw, and you said that you saw police vehicles not in Bakoena

but in Sekhukhune Street, which is one higher up? -- I did see

these vehicles while I was on the rubbish heap.

I want to put it to you that there were no police vehicles(l

in the area at the time of the attack and that you are probably

confused with what you saw after the attack, after the attack

there were a lot of police vehicles in the area and that is

probably what you are confused with. -- I was on top of the

rubbish heap when I saw these vehicles. It was after we had

been attacked.

Thank you, Mr Chairman, I have no further questions.

C H A I R M A N : Mr (inaudible).

MR - • • ? I have no questions, Mr Chairman.

CHAIRMAN : Mr Visser? ^20

MR V I S S E R : No questions, thank you Mr Chairman.

C H A I R M A N : Yes, thank you Mrs Molete, you can be exp/used.

NO FURTHER QUESTIONS

MR M 0S T E R T . Mr Chairman and gentlemen, before you proceed to

the next witness, May I be given a moment to draw to your

attention the manner in which the proceedings of thi^s body was

reported in the Sunday Times of yesterday, in the leader

article which appears on page 16 of yesterday's edition of the

Sunday T i m e s , the following was stated:

In the past week the SADF, trying brazenly to with- (3(

hold/....

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T R U T H AND R E C O N C IL IA T IO N C O M M ISSION

AMNESTY COMMITTEE

A M N E S T Y A P P L IC A T IO N O F :

B R IA N V I C T O R M IT C H E L L A PPLICATIO N NO. 2586/96

D E C I S I O N

On 30 April 1992 Applicant was sentenced to death on eleven counts o f m urder and two

imprisonm ent for three years on each o f two counts o f attempted murder. The offences

arose out o f a single incident on the night o f 2/3 Decem ber 1988 when the occupants o f

H ouse N o TF83 in the Trust Feeds area in the district o f New Hanover, were attacked by

arm ed men. The names o f the deceased and the victims will appear hereunder.

On 24th April 1994 the death sentences imposed on the Applicant were com m uted by the

State President and a sentence o f thirty years’ imprisonment was substituted. The Applicant

now applies for amnesty for those offences and for a further offence o f arson w hich related to

the burning down o f the house o f M r M bongwe which offence was committed at about the

same time on the instructions o f the Applicant. A nnexed to his written application are a

num ber o f documents which include the judgm ent o f the trial court presided over by Judge

Wilson. The record is 857 pages long.

Applicant jo ined the Police Force on the 31st December 1975. He completed a d iplom a in

Police Administration towards the end o f 19S3 and a year later he was promoted to the rank

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o f lieutenant. He was trained to quell or limit unrest situations and had rece ived counter

insurgency training at Milierskop, which was a counter insurgency training base for the South

African Police. In 19S7 he commenced work as a s ta ff officer at the D ivisional H eadquarters

in Pietermaritzburg. It was at that time that he came into contact with Captain , later M ajor,

Terblanche, who was then the head of Riot Unit 8. The function o f this riot unit w a s the

com batting o f unrest and the maintenance o f law and order within the political sense o f the

word. It was at that time that he came into contact with what was ca lled the Joint

M anagem ent Committee System which had been set up throughout the coun try as the

G overnm ent’s counter revolutionary' strategy. He said that political violence had escalated to

such an extent that in Natal there was virtually a civil w ar going on. M any po licem en w ere

killed and their homes burnt down. The A N C /U D F was not looked upon as be ing anti-

G ovem m ent or anti-State, but as the enemy. The IFP was regarded as an ally o f the

G overnm ent and was therefore to be assisted in its fight against the A N C /A D F.

Applicant says that he soon was made the secretary to the Joint M anagem ent C om m ittee in

Pietermaritzburg. By virtue o f his position he had access to secret governm ent docum ents

which dealt with a counter revolutionary strategy against the total onslaught w h ic h w as being

conducted by the UD F which the police regarded as the internal arm o f the banned African

National Congress. Part o f the strategy o f the Joint M anagem ent Com m ittee System w as to

train special constables who would be trained and sent back into their com m un ity to act as a

physical force or wedge against the activities o f the comrades o f the UD F. These special

constables were attached to the riot units in the national Joint M anagem ent System . The

police force was responsible for implementing the governm ent’s total strategy. H e found the

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5h e v^aft C C T W ^

^ . " T V .. f V ^ ^LlA

• d " o o

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w ork o f the Joint M anagem ent System to be very interesting and therefore applied to be

transferred to the security branch but was persuaded by the Divisional Com m issioner to

accept the post o f Station Com m ander at N ew Hanover in January 19S8. During October

1988 Inkatha Y outh were attacked by UDF supporters and this incident started the violence in

the area. The Inkatha supporters attacked the UD F and vice versa. He found the Inkatha

leadership in his area to be w eak and vulnerable needing assistance. He considered it to be

his duty to see to it that the UDF/ANC were countered effectively within his area. He

discussed the m atter with Captain Terblanche w ho decided to make special constables

available to render m ilitary and offensive assistance to Inkatha. Captain Terblanche arranged

a m eeting at M oraw a H ouse in Pietermaritzburg. This meeting was attended by M r Gabela

an Inkatha leader and a youth brigade leader as well, and was addressed by M r David

N thom bela , an important Inkatha leader. It was decided that the special constables would

com e to Trust Feeds and assist in an attack which would be launched against U D F activists in

the area. That evening the special constables arrived in N ew Hanover in an unmarked

Kombi. They wore civilian clothes and were not know n in the area. Applicant says that on

the instructions o f Captain Terblanche he transported the special constables to G abela’s house

and left them there. Their instructions were to target male persons between the ages o f 16

and 35 years w ho w ere involved in the political violence in the area. The Applicant says

that he instructed the special constables to b u m down the house o f M r M bongw e, because

that house had been used by the activists to store petrol bom bs and other weapons.

In the early hours o f the m orning the special constables launched the attack on house No

TF83. They shot and killed eleven people and wounded two others. Applicant was not at

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') ^ ^ y S / < ^ f t , — ^

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w . - . . / , ^ £ . e U r ^ L , ^ - - / , 0 ' ^

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they are both means of transport is undeniable. The problem arises when

we are looking at different modes of transport, and conclude that a bicycle is

a car. This kind of reductionism impairs our quest for explanatory theory. It

would imply that any kind of explanation is equal to or the same as any

other. This will be further examined in relation to the concept of explanatory

relevance later on. Horton’s mystifications are a consequence of his

ontologising. He postulates all kinds of entities to explain events without

evidence that they really exist.

5. Inductive Inference

The next arena of critique of Horton concerns the wider context of causality.

Horton maintains that people use common sense as a way of placing ideas

in a causal context. This manner of ‘putting two and two together’ (Horton

1974:135) is inductive and achieved by a process of inference. It does

however, have limitations since it is only possible to perceive adjacent, or

proximal antecedent conditions amongst events, and not what happens at a

distance. Theory, however, permits the transcendence of these limitations of

mind by revealing a range of causal connections that common sense cannot

offer. Horton (1974:135) uses the example of the disease Bilharziasis, where

he explains wider context to mean that the explanation for the disease must

have a pattern of components related to each other in a systematic and

causal way, so that all future cases of the disease can be accommodated.

In this example, the observables are related to each other and there is no

introduction of forces that transcend experience. Transcendence of

experience only happens when a law is postulated for future cases of the

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(l, ^ S v c d 4 ^

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Hr

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1. The Power of Words

An issue that is interesting and may have rather broad implications for the

study as a whole concerns words. This is the first notion in Horton's group

of differences connected with the presence or absence of a vision of

alternatives. He calls this ‘magical versus non-magical attitude’ to words.

There is in all traditional African world views an assumption about the power

of words. To know the name of a being or thing is to exercise some degree

of control over it. In traditional societies there is a ‘unique and intimate link

between words and things' (p. 156). In science, however, while there is

power in words, the control is indirect, arising through the functions of

explanation and prediction.

Central to this is the relationship between words and reality. The philosophy

of language explores the relationships between ourselves and our

language; how we invest words and sentences with meaning, the semantic

level, and the relationships between our language and the world; how words

refer to things or to the facts they describe, the pragmatic level. These levels

can of course be blurred and a common component in the philosophy of

language is to try and reveal the deep structure whereby one thing may be

inferred by another and may be hidden by the surface structure. Some of

these concepts can be attributed to the work of the linguist Noam Chomsky.

Important though for this dissertation is the realisation that the problems of

meaning and language are interwoven with the problems of other levels of

inquiry, more particularly the relationship between thought and language.

‘We don’t know what to think until we know what to say. And if we can not mean something,

then we can not understand it either. This suggests that if an investigation into language

delivers results about the limits of meaning, then our science and our conception of the world

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TRUTH AND RECONCILIATION COMMISSION AMNESTY COMMITTEE

In the amnesty applications of:

Qambelani Buthelezi AM6128/97

Bhekinkosi Mkhize AM6131/97

Tebogo Magubane AM6118/97

Vincent Khanyile AM6124/97

Timothy Stals Mazibuko AM6122/97

Jack Mbele AM6119/97

Sonny Michael Mkwanazi AM6120/97

Thomas Lukhozi AM7396/97

Moses Mthembu AM7394/97

Mplupeki Tshabangu AM7391/97

Sipho Buthelezi AM7319/97

Petrus Mdiniso AM6127/97

Mxoliseni Sibongeleni Mkhize AM6125/97

Paulos Mcikeleni Mbatha AM6121/97

Richard Dlamini AM6132/97

Victor Mthandeni Mthembu AM 1707/97

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TRUTH AND RECONCILIATION COMMISSIONAMNESTY COMMITTEE

In the amnesty applications of:

Qambelani Buthelezi AM6128/97

Bhekinkosi Mkhize AM6131/97

Tebogo Magubane AM6118/97

Vincent Khanyile AM6124/97

Timothy Stals Mazibuko AM6122/97

Jack Mbele AM6119/97

Sonny Michael Mkwanazi AM6120/97

Thomas Lukhozi AM7396/97

Moses Mthembu AM7394/97

Mplupeki Tshabangu AM7391/97

Sipho Buthelezi AM7319/97

Petrus Mdiniso AM6127/97

Mxoliseni Sibongeleni Mkhize AM6125/97

Paulos Mcikeleni Mbatha AM6121/97

Richard Dlamini AM6132/97

Victor Mthandeni Mthembu AM 1707/97

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TRUTH AND RECONCILIATION COMMISSIONAMNESTY COMMITTEE

In the amnesty applications of:

Qambelani Buthelezi AM6128/97

Bhekinkosi Mkhize AM6131/97

Tebogo Magubane AM6118/97

Vincent Khanyile AM6124/97

Timothy Stals Mazibuko AM6122/97

Jack Mbele AM6119/97

Sonny Michael Mkwanazi AM6120/97

Thomas Lukhozi AM7396/97

Moses Mthembu AM7394/97

Mplupeki Tshabangu AM7391/97

Sipho Buthelezi AM 7319/97

Petrus Mdiniso AM6127/97

Mxoliseni Sibongeleni Mkhize AM6125/97

Paulos Mcikeleni Mbatha AM6121/97

Richard Dlamini AM6132/97

Victor Mthandeni Mthembu AM1707/97

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AFFIDAVIT

I, the undersigned,

MONGEZI TSHONGWENI

do hereby make oath and say that:-

1. I am an adult male senior manager in the Department of Communications,

Pretoria and an advocate of the High Court of South Africa.

2. The facts contained in this affidavit are, to the best of my knowledge and

belief, both true and correct.

3. From November / December 1995 until August 1997 I was the head of the

ANC's Truth and Reconciliation Commission Desk ("the TRC desk").

4. I left the TRC desk in August 1997 and I was succeeded by Mr Brian

Koopedi.

5. During approximately January /TUbl'udiy 'TD96 I was telephoned at my office Ar\r w\ fObox ^ —p fi<».sov~

by a-man-wfre introduced -himselHerm e as Atpheus. He told me that he£5>i- ooKo hr^ \rr\e_

repfes©oted-a prisoners’ organization at Leeukop prison aft# that he hadA

been approached by a prisoner who needed assistance. He told me that the

prisoner's name was Nosenga and that he was an IFP member. He asked me

whether I would be prepared to speak to Nosenga. I said that I would.

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The following day I received another telephone call at my office. The man

who called me said he was Nosenga. He told me that he did not have any

money on his phone card and asked me to visit him. I took his prison number

and promised to make arrangements to see him at Leeukop prison.

During appreximately^ebfuafy 1996 I visited Nosenga at Leeukop prison. He

spoke about his conviction for having killed people in Sebokeng and also told

me that he had participated in the Boipatong massacre. He said that he had

been forced to confess to the Sebokeng killings. He told me that he wanted

to apply for amnesty for his ro le ^ in the Sebokeng shootings and the

Boipatong massacre. He also said that he wanted to appeal against his

conviction. I said that I would get back to him because I needed the approval

of the ANC to assist a prisoner who was not a member of our organization.

Subsequent to my visit, the ANC took a decision to assist all persons who

wanted to apply for amnesty, including former askaris, PAC members and IFP

members.] As~-a-j^stjtt7T~cohTactecULeecrkop pnson-4o--obtetfr~a~xropy. ofTft/ae- r u i w v V x ^ - 4- ^ ■

Nlncxanga's I r eceived the^pirticulars'in a telefax~fmm-the^

Qftsofi-en-46-Eebruarv 1992. A r.npv-nf the telefax^dated 16_February 1992.

t ois annexed -hofeta macked-^MTj". IdMr Nosenga is not the only IFP member to have been given assistance by the

ANC in his amnesty application. A certain Mr Khumalo from Katlehong and

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a certain from Alexandra, both IFP members, have also been

assisted by me.

-3-

Qy Jo/\vaA*3 • g r10. I knpw, in -EgtoEiTy 1996, that Ms Caroline Heaton Nicholls from the firm

Nicholls, Cambanis and Associates, Johannesburg had been involved in the

Goldstone Commission of Enquiry into the Boipatong massacre. I contacted * ,

Nicholls and asked her to as&tet me in-preeessing Noseriga'-sTequests.jShe-sVe dj.d .■—v _______________________________________ ________ —'

^uggesteeHhaTwifneeded to obtain a copyoTNosenga's court proceedings I V

fore we co _do anytht^g-etsg^Tagreed and asked her to request a

transcript of therecord. Shortly thereafter she infnrmp.H mp; that this had been

/T W evd uoax? Hrve^ev \r<£ ceJ-^i Q d _done.

1 ^ In the meantime Nosenga continued to call me at my office from a public

telephone in Leeukop prison. I told him that I wasin-a-pestt+OFHte-assist him

and that I would make arrangements to see him again. I was however

extremely busy with other matters as well.

12. Durif ig approximately June-1996 I returned tu teeuRQb prison I

NichoHsJo-acGompafiy-me, which-she-dKLMVe saw a number of prisoners(/■Iduring that visit, including Nosenga. Nosenga told us about his involvement

in the Boipatong massacre and the Sebokeng shooting and said that he

wanted to apply for amnesty for both. I said that I would return to help him/

with his application.

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Collection Number: AK2672 Goldstone Commission BOIPATONG ENQUIRY Records 1990-1999 PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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