Amnesty Hearings — Johannesburg — 1998-09-14

MR MBANDAZAYO: Thank you.  Mr Chairman, I don't have a problem with that.  I wanted something just to curtail the proceeding not to prolong.  But if my friend is of that view, he wants to cater, we don't have problem.  I can lead him through the affidavit for the benefit of the members of the family definitely.  Thank you, Mr Chairman.  Mr Chairman, I'll then go through the affidavit, Mr Chairman
"I, the undersigned, Shakespeare Thami Buthelezi, do hereby make an oath and say that I'm the applicant herein.  The facts to which I depose are true and correct and within my personal knowledge unless the context states otherwise.  I was born on the 18th December 1970 in Katlehong, Germiston, and unmarried and have one child who is staying with my family.  I have three brothers and sisters, and my father died in 1977 and my mother became a breadwinner at home.  I left school doing standard eight in 1987 because of financial problems.  I joined the PAC through Azania in 1984 and my sole aim was to fight against the colonial education and settler regime.  In July 1988 I left the country via Swaziland to Tanzania where I undergone military training for a year.  In 1989 I went to Uganda to be trained in infantry and it took me a year.  After my training in Uganda I went back to Bagamoiyo(?), Tanzania where I became a platoon commissar.  In January 1993 I was given orders to infiltrate the country by the APLA commander, Sabelo Pama.  As an APLA operative my general instruction from APLA high command was to proceed with the armed struggle with all means against the then racist minority regime, which was undemocratic and oppressive.  The said armed struggle was in essence a guerilla warfare during which we as APLA cadres had to seek and attack the bastions and minions of the then aforesaid regime.  The ultimate objective of PAC and APLA was not only to topple the then racist regime, but to eventually return the land to the African people.  The bastions and minions of the then erstwhile regime was in terms of PAC and APLA perspective, the members of South African Defence Force, the members of SAP and reservist in general, the farmers, as they belonged to commander structures over and above the fact they occupied the farms which we had to drive them away from, so as to widen our territorial base which was aimed at eventually consolidated, liberated and repossessed land.  The informers, the white homes which were garrison of apartheid.  My general instruction was to seek, identify and attack the enemy, who was seen in the context of the above stated bastions and minions of the regime, and also to train the cadres and command them in whatever operation that is being embarked upon in consequence of and in pursuit of the above stated objectives.  During or about the 21st January 1993 I commanded a unit of APLA cadres that attacked a policeman near Katlehong Police Station.  I monitored the activities of the Katlehong Police Station and also the activities of the police around Katlehong area.  On the 21st January 1993, myself, Eugene Madikane and Gift Mosiya, we were next to the Katlehong Police Station to monitor our target, who were the police working in the police station.  We saw one policeman going to the direction of Monaheng Section.  We followed him.  I decided to rush and pass him so that I confront him directly and Eugene Madikane and Gift Mosiya were to come from behind.  I drew my Tokaroff pistol and stopped him by pointing with the firearm, and he tried to drew his pistol and I shot him, and we took away his firearm, 9mm pistol.  I subsequently learnt that the policeman died and it was Sergeant Mashamahite.  After two weeks the police were looking for us.  They went to all our places and they could not get us.  And we were told by Vusi, an APLA cadre, that they are being accompanied by Basie Hladi whenever they are looking for us and he is staying in Twala Section.  On the 15th of March 1993 Gift saw the informer at Twala Section and he called me and I gave him Tokaroff pistol.  I took the 9mm pistol we repossessed from the policeman and went to his place.  He was busy drinking when we arrived and he tried to run away.  I drew my gun and when I was about to shoot him a person who knew us came and we abandoned the mission and we waited near his place and we saw him coming out of his home.  I shot him, but I missed and he ran away.  This informer came back accompanied by police and they approached us, but Gift managed to escape and I was left alone.  I shot at the police and they shot back and struck me on my right leg, and I ran out of bullets and I was arrested.  The charges against me were withdrawn twice because of lack of evidence.  And on the 10th November 1994 I was finally re-arrested at Die Brug assembly point in Bloemfontein and at the time I was a member of the South African National Defence Force, having integrated on the 13th August 1994.  I am presently serving 64 years having been found guilty on several charges, including murder, two counts of robbery, attempted murder and possession of arms and ammunition, for which I was sentenced at the High Court of South Africa, Witwatersrand Division under case number 103/95, on the 3rd November 1995.  I respectfully submit that my application complies with the requirements of the Act, and that I have made full and proper disclosure of my involvement in the Katlehong operation.  I therefore humbly request that my application for amnesty be granted."
	Mr Chairman, as I indicated, I have read the affidavit for the benefit of them all.  I will go to that paragraph which I wanted to start with.  
	Mr Buthelezi, as I indicated that paragraph 11, you told that you went to the house of the alleged informer and when you were about to shoot him somebody who knew you came and you abandoned the mission.  Without reading the whole paragraph, Mr Buthelezi, in your trial it transpired that, and evidence came out and you were also convicted that you robbed this person of his money and you do not mention that in your affidavit.  Can you explain that to the Committee?

SHAKESPEARE BUTHELEZI: What I would like to explain about that robbery, this person was running away because he was an informer.  I did not rob this person, but what I wanted to do was to kill him because he was an informer.  It is difficult to explain because if you have not committed the act it would be difficult to say you did commit it.  One other thing, I repeat that I did not rob this person.  What I know about Mr Hladi is that he was an informer.  Will you please repeat your question?

MR MBANDAZAYO: My question was that it came during the evidence in court that you robbed him.  I think it was an amount of R100,00, if I'm not mistaken or a necklace or a watch worth R100,00, and necklace.  Now my question was that - and you were convicted of that robbery in court.  And now I was saying that you don't mention it in your affidavit that you robbed him.  You mentioned that you attempted to murder him.  It's there in your affidavit, but you don't mention the robbery part on Basie Hladi.

SHAKESPEARE BUTHELEZI: I was sentenced for the robbery which is why I mention it in the application form.

MR MBANDAZAYO: Are you still insisting, even before this Committee, that you never robbed Basie Hladi?

SHAKESPEARE BUTHELEZI: I did not rob him.

MR MBANDAZAYO: Mr Chairman, at this stage I have no further question for the applicant.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: Thank you very much.  Mr Buthelezi, what sentence did you get for this robbery charge?

SHAKESPEARE BUTHELEZI: I do not know.

MR LAX: 8 years.

ADV SIGODI: 8 years.