Special Hearings — Mandela United Football Club Hearings — 1997-11-24

EBRAHIM ASVAT: Thank you sir.  My family would like to place on record the following:  We have full trust and confidence in this Commission and fully support this initiative.
 We love our country and all our people and sincerely believe in the future of our country.  We would like to categorically state we have no political axes to grind with any individual nor with any political party.
 We are here neither to seek retribution nor to judge, for that we have your very eminent selves.  As difficult as this task is before this Commission, and as imperfect as this forum is, we fully trust in this Commission and in its ability to discharge it duties honestly and fairly and with compassion.
 We seek and pray that the truth surrounding the tragic death of Abu-Baker may finally emerge, so that we as a family may finally close the book on this very painful and sad chapter in the history of our family.
 We have over the past nearly nine years, have borne this deeply painful and devastating and recurring allegations directed at Mrs Madikizela-Mandela.  We need, and Mrs Madikizela-Mandela needs these allegations to be put to rest, finally.
 This is still the only forum that can within its limitations, provide us with some of the answers we so desperately need and to provide these answers as honestly and as sensitively as possible.
 In conclusion, we the family of the late Dr Abu-Baker Asvat, pray that God grants the Archbishop good health, strength and long life so that he may discharge his final public service to our nation, with great dignity and compassion, we salute you, we will miss you, sir.  Thank you.

CHAIRPERSON: Thank you very much.  Mr Kades?

MR KADES: Dr Asvat, you have also prepared a written submission which I would ask you to read subject to elaboration of certain aspects which have to some extent been already dealt with by this Commission in evidence already led here, and with regard to evidence to be led.  May I refer you to your submission and may I ask you please to read it and I will lead you on certain aspects of the statement, would you proceed please.

EBRAHIM ASVAT: The assassination of Dr Abu-Baker Asvat on the 20th January 1989, in Soweto, Johannesburg.

MR KADES: 27th of January?

EBRAHIM ASVAT: 27th of January 1989, in Soweto, Johannesburg by two armed men claiming the motive as armed robbery has never been accepted by the family or the South African public.

MR KADES: Would you just elaborate on that Dr Asvat, with regard to the allegation of robbery and the finding by the court that robbery was the motive.  What did you find immediately after the robbery with regard to money in the possession of your late brother and in his surgery?

EBRAHIM ASVAT: Yes, we found the full amount still in his consulting rooms, in his drawers and in his pockets.  There didn't appear to be any particular amount of money taken from there.

MR KADES: The notes, did you find notes in his wallet in his back pocket?

EBRAHIM ASVAT: That is right.

MR KADES: Approximately how much, R160-00?

EBRAHIM ASVAT: About R150-00, R160-00.
.

MR KADES: And with regard to silver, did you find that too?

EBRAHIM ASVAT: Yes, the silver was still  in the drawers, and the total value was about R350-00.

MR KADES: And that had not been touched by the persons who had allegedly murdered him?

EBRAHIM ASVAT: That had not been touched, that is correct.

MR KADES: And he also apart from the silver and the notes that were left in his possession, did he also have a gun strapped to his leg?

EBRAHIM ASVAT: Yes, he did.

MR KADES: And that had not been touched?

EBRAHIM ASVAT: That had not been taken.

MR KADES: Yes, carry on please?

EBRAHIM ASVAT: Allegations have appeared in the local and international media repeatedly, claiming that assassination was a conspiracy.  The South African Police either failed to investigate the matter fully or were incompetent or as some reports have suggested, that there was a serious cover up by the South African Police, the previous Nationalist government and the ANC.
 The letter in view of the smuggling out of the country of Katiza Cebekhulu, a key witness and co-accused in the Stompie Seipei Moketsi kidnapping and murder trial, to a prison in Zambia by ANC cadres and also the deafening silence from members of the Crisis Committee who investigated the matter and made detailed reports to the ANC in Lusaka in January and February of 1989.

MR KADES: Yes, we know that the Crisis Committee existed at the time of the murder of your late brother.  Did the Crisis Committee ever immediately after the murder approach the family, discussed matters with the family?

EBRAHIM ASVAT: No, they didn't.

MR KADES: Carry on please.

EBRAHIM ASVAT: Allegations implicating Mrs Winnie Madikizela-Mandela have resurfaced again and key individuals involved in the murder of Dr Abu-Baker Asvat have made startling allegations as reported in the Mail and Guardian of the 5th of September 1997.
 The headline is "I was hired to kill Dr Asvat - convicted murderer Thulani Nicholas Dlamini (indistinct)"

MR KADES: Can I just stop you Dr Asvat there and refer you to what happened at the trial, at the conclusion of the trial of Thulani Dlamini and the other accused, Mbatha who were both convicted of your later brother's murder.
 We know that there was a statement made by Dlamini immediately subsequent to his arrest mentioning that the amount of R20 000-00 was due to come to him upon his successful completion of the task of murdering your late brother?

EBRAHIM ASVAT: That is correct.  The Prosecutor at that time at the end of the trial, called myself and our lawyer to the table and showed us a statement by Dlamini stating that he had been offered R20 000-00 to murder my brother.  And this R20 000-00 had come from Mrs Madikizela-Mandela.

MR KADES: And did the Prosecutor inform you as to why he had not used the statement during the trial of Dlamini?

EBRAHIM ASVAT: Yes, he said the Police investigation, the Police didn't want him to pursue that particular line with regard to my brother's death.

MR KADES: Now, when he handed you that statement, did he also give it to you for what he considered to be some purpose that might occur in the future, what did he say?

EBRAHIM ASVAT: Yes, he said that this particular statement may become helpful some time in the future.

MR KADES: Yes.  Now, would you go then to paragraph 2 of your statement please.

EBRAHIM ASVAT: Katiza Cebekhulu in the BBC documentary Winnie Mandela and the Missing Witness, and as reported in Fred Bridgeland's book, Katiza's journey beneath the surface of South Africa's shame, published on the 11th of September 1997, claims he was instructed to show Thulani Nicholas Dlamini and Cyril Mbatha, both convicted for assassinating Dr Abu-Baker Asvat, the location of his surgery.
 This is corroborated by Thulani Nicholas Dlamini as reported in the Mail and Guardian of the 5th of September 1997, page 3 that Katiza Cebekhulu showed them the location of the surgery prior to Dr Asvat's assassination.
 The presence of football coach Jerry Richardson at Dr Abu-Baker Asvat's surgery on the evening before and on the day of his assassination, supposedly for some vague (indistinct) complaints, patient record card 9 - police murder docket.

MR KADES: Now, we know from the - is it so that we know from that card, from the patient's card that Jerry Richardson called at the surgery of your late brother on the 26th of January with what you say is this vague complaint and your brother having made in red ink, something that is not found on any of the other patient's card, "send by Winnie?"

EBRAHIM ASVAT: That is correct sir.  He had written it on top of the card in red - the statement sent by Winnie.

MR KADES: And also Dr Asvat the fact that Jerry Richardson had returned to the surgery some time on the 27th - a matter of hours probably before the murder?