Amnesty Hearings — Bloemfontein — 1996-05-13

UNKNOWN: The Committee will now proceed with the Jack Menera matter which was supposed to be heard tomorrow. Mr Phelane is sitting next to me because he said he would like to conduct his own matter.  I'll just confirm it for the record.

JUDGE WILSON: That doesn't cause anybody any problems does it?

UNKNOWN: No prejudice.

UNKNOWN: Members of the Committee, I would like to hand over to Advocate Memani.

UNKNOWN: Chairman may I call Mr Jack Menera?  Chairperson, Mr Menera is Xhosa speaking.

N JACK MENERA: (sworn states)

UNKNOWN: Let us hear your full names?

N JACK MENERA: The name is Jack Menera.

UNKNOWN: Mr Chair, this is an application for amnesty which is ...(indistinct) already before the Committee.  They applied for amnesty in respect of the following offences
Murder committed on the 14th of July 1991 at Majanas(?) Field in Brandfort. The name of the victim is Susan Phelane.

ADV DE JAGER: Mr Memani have you got a copy of the indictment before you?

UNKNOWN: Indeed I'm reading from the indictment Mr Commissioner.  And the second offence in respect of which application is made for amnesty is for that of attempted murder committed on 14 July 1991 at Matemasu near Brandfort and the name of the victim is Patrick Phelane.
	The third offence in respect of which application is made for amnesty is arson which was committed on 14 July 1991 at Kamduza Cafe at Matemasu in Brandfort.  The owner of the property  was one Morgan Phelane and he's thus also the victim of the offence.  
	The fourth person in respect of which amnesty's applied for is assault with the intent of doing grievous bodily harm which was committed on the 14th of July 1991 at Matemasu in Brandfort.  The victim of the assault was Edward Phelane.
	The next offence in respect of which amnesty is applied for is malicious damage to property which arises out of the burning of a motor vehicle on the 14th of July 1991 at Marjorie  Maswewu in Brandfort and the victim there was Edward Phelane.
	Now Mr Chairperson I('m now going to proceed to lead Mr Menera, the applicant.

UNKNOWN: Excuse me Mr Chair.  I don't know, in the application form the act or omission or offence applied for is the murdering of Susan Phelane and in the last hearing there was talk of an amendment of application forms to encompass all the other acts. So I don't know whether that was finalised.

JUDGE WILSON: Well as I understand it, if you look at page 350 of the record, you will see that I there asked Counsel if he was applying to amend the application to cover these counts and it was said he then said that was his application.  And we then pointed out that had nothing to do with escaping from custody, and that was then dropped. And although there was, I don't think we formerly said we granted the amendment, my impression was, and it I think the application was supported by Mr Mpshe at the time, that the amendment should be granted.  And we then continued, the matter was then adjourned.
	If necessary we will at this stage grant him leave to amend by setting out the acts, except in Count 1 he was convicted of attempted murder, not of murder as charged and the application can be amended by inserting these particulars in paragraph 9A. 'I took part in' and these facts set out in the... As was pointed out at the last hearing he filled in the form himself and he is not a particularly learned gentleman and he didn't appreciate the necessity of setting out in detail, and I think that it was certainly in the, I think all the Committee members understood that we would adjourn it to hear the application on that basis.
EXAMINATION BY ADV MEMANI

UNKNOWN: Mr Menera is it correct that you were born in Brandfort?

JUDGE WILSON: Sorry, could I say something else?  Although we have granted the leave to amend I would ask you to bear in mind that the application in particular in respect paragraph 10.B does not contain any details of the offences other than a general statement as to why the acts were committed, and he might have to deal with the separate, there is a general, he's classified everything together in 10.B as a general justification. He can just deal with each one of the separate offences now.

UNKNOWN: As the Chair pleases.

JUDGE WILSON: In the application he refers only to, 'I took part in murdering a councillor by burning him'.  It's obviously a sexual aberration there, it should be her. Then as I mentioned, 'I took part in the killing of a councillor', he doesn't mention the other acts which were committed in conjunction with it, so he will I'm sure now deal with all the acts.

UNKNOWN: As the Chair pleases.
	Now Mr Menera, is it correct that you were born in Brandfort?

N JACK MENERA: That's true Sir.

UNKNOWN: And did you later in life become involved in the political activities of Brandfort?

N JACK MENERA: That's true Sir.

UNKNOWN: And would you please tell the Committee how you became involved in these activities?

N JACK MENERA: Without a problem I would explain that.

UNKNOWN: Mr Chair may I point out that although Mr Menera is Xhosa-speaking, he's at present testifying in Sotho. He appears to have chosen to testify in Sotho and he's sufficiently proficient in the language.
	Yes Mr Menera?

N JACK MENERA: I will start to explain to the Commission about myself, before I would explain how we committed this act in 1991 on the 14th of July.

JUDGE WILSON: Could you repeat the interpretation of the last answer please?

UNKNOWN: It was just a phrase so we are waiting for the sentence to be completed.
	Mr Menera will you please continue.

N JACK MENERA: It happened in 1995, it was between March and Aril that there was a conflict between myself and the organisation called Mathemaswu Youth Congress.

UNKNOWN: You said that there was conflict between yourself and Michael in 1995 but you were in prison in 1995? You should be referring to 1985.

N JACK MENERA: I'm talking about '85 Sir.
	I had two friends and one of them was Mosala, his surname was Munoto, and the other one was Edwin Sishoba. These two people were my friends, it happened that there was a conflict between myself between Musala and his other friends whom were called the Three Million Gang.  I want to explain shortly, the background about my friends and the Three Million, so that I want the Truth Commission to understand the whole background.
	About 1984 to 1985 there was a gang in the township called KUYOK. As it was called KUYOKO, the gang in Kroonstad, it was known as the Three Million Gang. All these people were friends with the son of Mr Phelane whose name is Edward Phelane.  It happened just about 1985 that they made a housebreak in the farms around Brandfort, then they fought among themselves, fighting for money.  They were robbed of money by Edward Phelane. Then that is the source of the conflict among themselves.  When that conflict started, Mr Phelane by that time was known as a member of the ANC Matemasu Brandfort Branch.

UNKNOWN: You have now mentioned Mr Phelane, are you still referring to Edward Phelane?  Yes I'm talking about Mr Phelane who is in front of the Commission today. Sitting next to the evidence Leader, Edward Phelane.

UNKNOWN: Who is Michael Phelane? You don't know Michael Phelane.

N JACK MENERA: No.

UNKNOWN: Do you know Morgan Phelane?

N JACK MENERA: Morgan Phelane?

UNKNOWN: Who is Morgan Phelane?

N JACK MENERA: Mr Phelane is the person who is standing between the evidence presenter, that's Morgan Phelane.

UNKNOWN: Is it correct that when you say Mr Phelane, you are referring to Mr Morgan Phelane and not Edward Phelane?

N JACK MENERA: That's correct, and not Mr Edward Phelane.

UNKNOWN: You may now proceed.

JUDGE WILSON: He was a member of what organisation?