Amnesty Hearings — Nelspruit — 1999-02-01

CHAIRPERSON: Ms Thabete, are we in a position to proceed with the first application for today?

MS THABETE: Yes Madame Chair.

CHAIRPERSON: Are we hearing the application of Mhletswa Anthony Ndlangamandla?

MS THABETE: That is so Madame Chair.

CHAIRPERSON: Before we proceed to hear this application, may I introduce the panel that will be hearing this matter starting with myself, Judge Sisi Khampepe.  On my right hand side is Advocate Francis Bosman and on my left hand side we've got Mr Ilan Lax.  This panel will be sitting to hear matters which have been scheduled for this hearing for the entire week.  May I also request the legal representative of Mr Ndlangamandla to place his name on record?

MR CLAASSEN: As the Committee pleases, my name is Dawie Claassen, I'm legal representation for the applicant in this matter.

CHAIRPERSON: Thank you Mr Claassen.  Mr Claassen are we in a position to commence with your applicant's application?

MR CLAASSEN: We are indeed Madame Chair.

MHLETSWA ANTHONY NDLANGAMANDLA: (sworn states)

MR CLAASSEN: Mr Ndlangamandla, you are the applicant in an amnesty application before this Committee today, is that correct?

MHLETSWA ANTHONY NDLANGAMANDLA: That is correct.

MR CLAASSEN: Mr Ndlangamandla, you have submitted an application together with a statement to an official of the TRC stating exactly what happened and why you are asking for amnesty?

MHLETSWA ANTHONY NDLANGAMANDLA: That is correct.

MR CLAASSEN: Mr Ndlangamandla, could you - Madame Chair, maybe - I've been instructed by the applicant that he wishes to read his application before the Committee if that is in order with the Committee?

CHAIRPERSON: Which application is he reading Mr Claassen, is it the same application that is before us or is it something else that we do not have in our possession?

MR CLAASSEN: Madame Chair I believe it is a statement annexed to the application which you should have in your possession.

CHAIRPERSON: Can you give us the page number of that statement?

MR CLAASSEN: Madame Chairperson, it has been annexed as page 4.

CHAIRPERSON: Will he be reading it in English?

MR CLAASSEN: He indicated that he wished to do so in English.

CHAIRPERSON: Is that really necessary, isn't it possible for you to simply lead him on the important aspects of his statement?

MR CLAASSEN: As the Committee pleases Madame Chairperson.

CHAIRPERSON: If you feel Mr Claassen that it will make things easier for your client to read rather than to be lead by you, we would obviously leave matters to you to best handle your client's application the best way you think you can but I think it will curtail proceedings if you were to lead him.

MR CLAASSEN: As the Committee pleases, it's just that he indicated, I have explained to him but I will do it as the Committee feels fair.

CHAIRPERSON: If he insists then we'll grant him his wish, let him read it.

MR CLAASSEN: Mr Ndlangamandla, can you just indicate, would it be satisfactory to you if I could just lead you on the aspects which took place, before the Committee.

MHLETSWA ANTHONY NDLANGAMANDLA: I would like to read the statement as it is.

CHAIRPERSON: He may do so Mr Claassen.

MR CLAASSEN: As the Committee pleases, Madame Chairperson.
Mr Ndlangamandla would you please proceed?

MHLETSWA ANTHONY NDLANGAMANDLA: I am Mr Mhletswa Anthony Ndlangamandla.  I declare this under oath in English.  I am a black man, 27 years old.  I'm born on 1977, residing at Lashombolo Village at Pongola under Chief Umkungene Ndlangamandla.  I am presently serving a ten year prison term.

CHAIRPERSON: May I interrupt Mr Claassens?

MR CLAASSEN: Certainly Madame Chair.

CHAIRPERSON: In view of the fact that you know I would like these proceedings curtailed as far as possible, I see that Mr Ndlangamandla is reading the same statement that is before us.  We have read that statement, we just want to bring it to your attention that the Committee's aware of the contents of that statement.  There is no need for him to read it for purposes of informing this Committee of it's contents.  He can simply confirm the correctness thereof.

MR CLAASSEN: As the Committee pleases, your Honour.
	Mr Ndlangamandla, as explained to you by Madame Chair, do you know that you have signed this sworn affidavit, do you confirm the contents thereof as correct?

MHLETSWA ANTHONY NDLANGAMANDLA: I'm sorry, I didn't hear you can you repeat that please?

CHAIRPERSON: May I just Mr Claassen probably just speak directly to your client?
	Mr Ndlangamandla as you prefer to read your own statement did you sign as you said you signed for it, you signed your statement and after you have been sworned to take oath, we as a Committee have already read the statement and we know it very well.  However we'd like you to explain to us any other relevant parts or things which you feel are necessary before us.  We know the statement very well therefore there is no reason why you have to read the statements again before us because I believe you are reading things that you know.  We want to reassure you that we've read the statement and we know what's contained in the statement therefore if there's any other thing that you want to explain in detail in connection to what you have already put down in your statement, you can continue to do so.

MHLETSWA ANTHONY NDLANGAMANDLA: Thank you, there isn't anything much if you have read my statement that I want to add.

CHAIRPERSON: Thank you we understand and we understand there might have been a misunderstanding, that's fine.
	That being so Mr Claassen, is there anything that you wish to highlight - I see my microphone keeps turning itself off - in support of Mr Ndlangamandla's application.

MR CLAASSEN: There are indeed just a few matters I'd like to bring to the special attention of this Committee.  With the permission of Madame Chair may I continue?

CHAIRPERSON: You may do so Sir.

MR CLAASSEN: Thank you.  Mr Ndlangamandla, you indicated that you're currently serving a ten year jail sentence for the murder of one Fanie Nkosi, that's correct?

MHLETSWA ANTHONY NDLANGAMANDLA: That is correct.

MR CLAASSEN: Mr Ndlangamandla, could you in your own words just briefly explain to this Committee the circumstances preceding the commitment of this crime and what led to this specific crime?  If I may just clarify that the circumstances in Lashampondo where you were living were they highly politicised, were there problems between political parties at that stage?

MHLETSWA ANTHONY NDLANGAMANDLA: I will say that I did kill Ben Nkosi as I have explained that in my statement, however I did it for revenge because he shot and killed my grandfather Jotankugu Ndlangamandla and that's my story.

MR CLAASSEN: Mr Ndlangamandla at the time of this particular crime were you a member of any particular party or affiliated to a political party?

MHLETSWA ANTHONY NDLANGAMANDLA: Yes.

MR CLAASSEN: Which party and in what capacity?

MHLETSWA ANTHONY NDLANGAMANDLA: It was the IFP Youth Brigade and I was the chairperson of the Youth Brigade.

MR CLAASSEN: Mr Ndlangamandla the time immediately preceding the murder of Mr Ben Nkosi, what - if any decisions were made, what was your involvement in this?

MHLETSWA ANTHONY NDLANGAMANDLA: What decision are you talking about, decisions which occurred before I killed Ben Nkosi, I need clarity on this, if you could please repeat this.

MR CLAASSEN: Mr Ndlangamandla, was any meeting called in party context which you were a part of and anything decided at such a meeting?

MHLETSWA ANTHONY NDLANGAMANDLA: There was a caucus meeting, we had a caucus meeting that we should go and revenge after they killed my grandfather.

CHAIRPERSON: Can we establish Mr Claassen firstly when Mr Ndlangamandla was the chairperson of the Youth Brigade?