Amnesty Hearings — Ermelo — 1998-07-23

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Could you then just tell the committee what happened when - did you go to the disco with...

BONGANI WILBERFORCE KHABA: When I arrived and heard that the Black Cats were harassing people at the disco, I was going to my grandmother's place, that is myself and Livingstone and Dumisane and Dumisane's girlfriend.   As we were proceeding towards my grandmother's place, that is where the Black Cats were staying.   Along the way to my grandmother's place, we came across certain members of the ANC Youth, and they are the ones who told us that they had to flee the disco and there were some other people trapped inside the disco because the Black Cats were giving them problems, they were harassing them and they were trapped inside the disco.

MR BLACK: Right.   So did you actually go to the disco to find out what was happening, or to assist?

BONGANI WILBERFORCE KHABA: That is correct, but the route that we used towards my grandmother's place goes past the disco itself.

MR BLACK: When you arrived at the disco, what happened?

BONGANI WILBERFORCE KHABA: When we got to the disco, just even before we got there, a certain guy by the name of Vusitwala, a member of the Black Cat, went past us, and realised immediately after passing us that it was myself and Livingstone.   Then he went back to the disco, he went right inside the disco, but we didn't pay much attention to him, we proceeded with our journey, now heading towards the disco itself.   As we came closer to the disco, that's when we saw members of the Black Cat coming out of the disco, and they had come to attack us, we had a confrontation with them.

MR BLACK: Did they shoot at you?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: So then did you return any - were you armed?

BONGANI WILBERFORCE KHABA: Yes, I had a gun.

MR BLACK: Did you shoot back?

BONGANI WILBERFORCE KHABA: That is correct, I did.

MR BLACK: Now, one of the people who was wounded in that confrontation was Obed Nhlabathi, is that so?

BONGANI WILBERFORCE KHABA: That is correct, Obed Nhlabathi was a member of the Black Cat, amongst us was Dumisane Simalane.

MR BLACK: Were any of your comrades injured?

BONGANI WILBERFORCE KHABA: Yes, I said Dumisane.

MR BLACK: Oh.   What did you do with him?

BONGANI WILBERFORCE KHABA: We took him to his place so that they could rush him to the hospital.

MR BLACK: What happened later on, shortly after that?

BONGANI WILBERFORCE KHABA: We proceeded to Wesselton, that is myself and Livingstone, and when we were at Wesselton we reported to Mrs Inkose, a member of the Womens League, that is the ANC Womens League, as to what had happened about Dumisane being shot, and Mrs Inkose went to the hospital.   We did not stay long, Mama Inkose came back and told us that members of the Black Cat had also taken Obed to the hospital and they wanted to kill Dumisane right inside the hospital building. That's when we moved, that is myself and Livingstone, we proceeded to the hospital.

MR BLACK: Now when you arrived at the hospital, what happened next?

BONGANI WILBERFORCE KHABA: When we got to the hospital, we found that the other members of the Black Cat had already left.   We asked as to what had happened earlier on and Dumisane explained to us that they wanted to finish him off and we asked what the problem was.   He said they saw him when they had brought Obed Nhlabathi.   I asked the nursing sister, I pretended to be one of the members of the Black Cat in order to get more information.

MR BLACK: Okay.   So then when you got there, what happened?

BONGANI WILBERFORCE KHABA: I told the nursing sister that I was a member of the Black Cat group and we want to see Obed Nhlabathi, and the nursing sister showed us as to where Obed Nhlabathi was.  We proceeded, with the instructions that Obed had to be removed, we went into his ward and when we got there, I took out my gun and I finished him off.

CHAIRPERSON: In your statement on page 55, or let me ask you this, did you shoot him?

BONGANI WILBERFORCE KHABA: Yes, that is correct, I shot him.

CHAIRPERSON: Is that how you killed him?

BONGANI WILBERFORCE KHABA: That is correct, I shot him.

CHAIRPERSON: In your statement on page 55 you say that he was stabbed?

BONGANI WILBERFORCE KHABA: I think that is a mistake, I shot him, I didn't stab him.

CHAIRPERSON: Yes, carry on.

MR BLACK: May I, just for the record, I'm just, my attorney has got a statement in which it says stabbing and shooting, and that I wanted to clear up with him, why this hadn't been - apparently he'd received instructions to have amended this at the last hearing, and for some reason or other it wasn't sent to the TRC, I can't, so I don't want it, apparently he'd received these instructions by March of last year.   So you shot and stabbed... (intervention).

CHAIRPERSON: Mr Black, he said he shot him.

MR BLACK: And what did Livingstone do, if anything?

BONGANI WILBERFORCE KHABA: Livingstone stabbed him.

MR BLACK: Right.   Now when you decided to shoot Mr Nhlabathi, what did you think you were doing, what was your motive for it?

BONGANI WILBERFORCE KHABA: As I had already pointed out that Mshandile was a leader or a controlling person within the self defence unit, he had actually given us the authority to kill Obed, and there was no other way we could have done it, we just had to kill him, because he had earlier instructed us.
There was even an ANC secretary within that ward, that is Obed's ward.   We had earlier been given an order to kill him, and because there was this other member of the ANC, if we eliminate one member of the Black Cat, they would not be able to retaliate or kill one of our members who was in the hospital.

MR BLACK: Well, did you think you were carrying out the orders of your commander at the time?

BONGANI WILBERFORCE KHABA: That is correct, as well as the ANC's commands.

MR BLACK: Did you do this for any personal revenge or gain?

BONGANI WILBERFORCE KHABA: No.

MR BLACK: Now, just to avoid any other delays, I want you to page to page 192... (intervention).

CHAIRPERSON: Before you go on, the secretary of the ANC who was in the ward, what was he doing there?

BONGANI WILBERFORCE KHABA: He was injured as well and he was admitted in the same ward wherein Obed Nhlabathi was admitted.

CHAIRPERSON: He was a patient?

BONGANI WILBERFORCE KHABA: That is correct.

CHAIRPERSON: And who was that?

BONGANI WILBERFORCE KHABA: His name was Silas Nkonyane.

CHAIRPERSON: You say he was injured by who?   It's not very clear at this stage to me.

BONGANI WILBERFORCE KHABA: He had broken bones in his body or fractures, but I don't know as to how he sustained them.

CHAIRPERSON: You wouldn't say he was attacked as part of this conflict?   He was not attacked, he was just injured?

BONGANI WILBERFORCE KHABA: I have no clarity.

ADV BOSMAN: Is this the same Nkonyane who is also an applicant here in this hearing, or can't you say?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Okay, may I proceed?   If you page to page 192, before I refer to page 192, I just want to ask you, when were you arrested?

BONGANI WILBERFORCE KHABA: With regard to this matter, or... (intervention).

MR BLACK: Yes.

BONGANI WILBERFORCE KHABA: I was arrested during the year 1992 and got out on bail.

MR BLACK: But since when have you been in prison, let's put it that way then?

BONGANI WILBERFORCE KHABA: That is from 1996, February, on the 2nd of February 1996.

MR BLACK: And at the time of your arrest, were you at school, or... (intervention).

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: And what standard had you attained?

BONGANI WILBERFORCE KHABA: I was doing standard nine.

MR BLACK: Now in regard to page 192, this is the charge sheet with which you were charged when you appeared before the Court as a 19 year old.   Do you see that?

BONGANI WILBERFORCE KHABA: Yes, I can.