Amnesty Hearings — East London — 1996-11-12

BONAKELE HORATIUS JWAMBE: No, the ANC paid for my legal fees.

BONAKELE HORATIUS JWAMBE: Mr Chairman with your permission I need to lead an aspect of evidence which is - I am trying to obviate the situation where the witness I intend calling may not be here and that evidence might, it depends on the assessment by this Committee, might be admissible to this witness.  May I proceed to lead that evidence?

JUDGE WILSON: We don't know what it is, what it's relevance is, what it's admissibility is and can't possibly give a ruling until we've heard.

MR NOTSHE: No I am not asking for a ruling at this stage, just to indicate to you Mr Chairman that I will be leading that evidence.  Now Mr Jwambe one of your applicants, your co-applicants is Mr Jakavu, is that correct?

BONAKELE HORATIUS JWAMBE: Yes Sir it is so.

MR NOTSHE: Now I was made to understand that Mr Jakavu - may I rephrase the question, do you know of the relationship between Archie-booi Swartland and Mr Jakavu?

BONAKELE HORATIUS JWAMBE: Archie-booi is Jakavu's brother-in-law.
NO FURTHER QUESTIONS BY MR NOTSHE

JUDGE WILSON: Mr Brink?

MR BRINK: Mr Chairman, members of the Committee I wonder if the affidavits to which my learned friend referred, that is the applicant's affidavit which is dated the 26th of July 1996, copies of which were furnished to us, whether that's formally been put in?
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MR NOTSHE: No it has not.  I omitted to do that.  What number will it be?

MR BRINK: Well it's the applicant's affidavit which is in similar terms to various others which were put in as Exhibits A, B, C, D, E, F and so on at the last hearing.

MR NOTSHE: What was the last one?

MR BRINK: The last exhibit number?

MR NOTSHE: Ja.

MR BRINK: The last exhibit number I have is Exhibit G.

MR NOTSHE: So this will be H.  I beg leave to hand this up Mr Chairman as Exhibit H.
EXHIBIT H HANDED UP -  APPLICANT'S AFFIDAVIT

MR BRINK: Mr Chairman have you got your copies?  Mr Jwambe please refresh my memory, how did your brother die and where did he die?

BONAKELE HORATIUS JWAMBE: My brother was stabbed at 11:06 NU1.

MR BRINK: Is that a shebeen?

BONAKELE HORATIUS JWAMBE: Yes it was a shebeen.

MR BRINK: And do you know who the person was who killed him?

BONAKELE HORATIUS JWAMBE: I just hear that it's Naminca Bolitana.  I was not there.

MR BRINK: Now you say that you weren't present when the decision to search for the Killer Boys was taken?

BONAKELE HORATIUS JWAMBE: I was not there.

MR BRINK: And did you have any part in the killing of the various deceased?

BONAKELE HORATIUS JWAMBE: I did not partake in the killings.

MR BRINK: Did you have any part in the attempted killing of Mr Vellem?

BONAKELE HORATIUS JWAMBE: I did not partake in trying to murder Vellem.
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MR BRINK: So your evidence is that, (a), you didn't support the killing of these various people?

BONAKELE HORATIUS JWAMBE: Yes Sir it is so.

MR BRINK: In fact you were against their killing, or their being killed?

BONAKELE HORATIUS JWAMBE: I was not part of the planning to murder these people.  But if the people are problematic in the community it would happen inevitably that they would be killed, eventually, whether I liked that or not, they would eventually be killed.

JUDGE WILSON: But you were present weren't you when you shouted at the people trying to get them to stop, is that not so?

BONAKELE HORATIUS JWAMBE: I got there, they were already on fire, I tried to stop them.  I could not get to the front and I gave up, went home.

MR BRINK: Yes that's the whole point Mr Jwambe.  You, on your evidence, you're completely innocent of any murder or attempted murder.

BONAKELE HORATIUS JWAMBE: I am innocent, but I was sentenced.  The court of law said I am guilty and I accepted the sentence.

MR BRINK: Yes, yes.  Is your evidence today that you were wrongly convicted because you had no part in the killing of these people?

BONAKELE HORATIUS JWAMBE: It is so, Sir, I was not there.  My presence at the place of crime I got there and I was told that these people were being burnt.  I tried to stop them.  There were a lot of people.  People were going up and down, singing, toyi-toyiing.  After I realised that I could not stop the killing I went home. The next morning I was arrested.

MR BRINK: Yes thank you very much.
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NO FURTHER QUESTIONS BY MR BRINK

JUDGE WILSON: Any re-examination?
NO RE-EXAMINATION BY MR NOTSHE

BERNARD MAKGABO NGOEPE: What is the name of the person who was in the boot of your car and whom you handed over to the police?

BONAKELE HORATIUS JWAMBE: It is Baba Nundu.

BERNARD MAKGABO NGOEPE: Say the name again.

BONAKELE HORATIUS JWAMBE: It is Baba Nundu.

BERNARD MAKGABO NGOEPE: Was he one of the people who was killed or was he not?

BONAKELE HORATIUS JWAMBE: I handed him over to the police.  He was still alive.  What happened to him happened only during the day.  When I handed him over to the police he was still alive but he'd been beaten up by the residents.

BERNARD MAKGABO NGOEPE: I just need to satisfy myself that he is not among the four people that were killed, that is all I want to know.

BONAKELE HORATIUS JWAMBE: No he is not one of the people that were killed.

BERNARD MAKGABO NGOEPE: Did you at any stage help in apprehending or bringing one of the four people killed to 1106 or to the scrapyard?

BONAKELE HORATIUS JWAMBE: No.  As I said previously I did not partake at all in the murder.  Even when they were fetched from their homes I was not there.  I only had Baba Nundu in my car. The deceased I don't know anything about them.  I was not there when they were fetched from their homes.

BERNARD MAKGABO NGOEPE: You were not even there either when the person, in respect of whom there is a charge of attempted murder, was fetched and brought to 1106 or to the scrapyard?

BONAKELE HORATIUS JWAMBE: Which people are you referring to?
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BERNARD MAKGABO NGOEPE: There is charge of attempted murder.

BONAKELE HORATIUS JWAMBE: I was not there Sir.

BERNARD MAKGABO NGOEPE: Thank you.

ADV DE JAGER: Did you give evidence at the trial?

BONAKELE HORATIUS JWAMBE: Yes I did give evidence.

ADV DE JAGER: Did you tell the judge, that you didn't partake at all in this killing?

BONAKELE HORATIUS JWAMBE: I did tell the court of law, but it was difficult for me to come up front and name the people that were fully responsible for this.  I could not give away the comrades' names.

ADV DE JAGER: Did the Court find that you were in fact partaking and what did the Court say what were you doing, on the evidence that the Court heard?

BONAKELE HORATIUS JWAMBE: I can't remember.  All I know is that I was sentenced, sentenced for murder even though I did not know anything about it.

SISI KHAMPEPE: Mr Jwambe when you came to your house at about nine o'clock on the 1st of February and you heard noises and singing emanating from 1100 section, were you aware at that time that a meeting had been held where members of the Street Committee had taken a decision to go and look for the Killer Boys with a view of bringing them back to 1106 to punish them?

BONAKELE HORATIUS JWAMBE: I don't know anything about that.  I left the area during the day.  I'd heard nothing about a meeting.  I was not informed that certain people were going to be collected to be burnt.  I don't know anything.

SISI KHAMPEPE: Thank you Mr Jwambe.

MR NOTSHE: Mr Chairman that is the evidence of Mr Jwambe.  Mr Chairman may I ask for a short adjournment to ascertain
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what the position is with the other witness and I will inform the Committee?

JUDGE WILSON: You may take a short adjournment.
HEARING ADJOURNS