Amnesty Hearings — Ermelo — 1998-07-23

BONGANI WILBERFORCE KHABA: No, I wasn't the only one.

ADV SANDI: Who were the others?

BONGANI WILBERFORCE KHABA: When we went to Makuza, all the members of the Black Cat were there, 32 of us in all.

ADV SANDI: And you were supposed to come back to Ermelo?

BONGANI WILBERFORCE KHABA: That is correct.

ADV SANDI: To do what exactly, when you get to Ermelo?

BONGANI WILBERFORCE KHABA: According to our training and instructions, before we went for training we were told that when we came back, we would not be bothered by the members of the ANC or harassed anymore.

ADV SANDI: You mentioned that you were about 15 years old at the time, were there any other people amongst yourselves who were also 15, or about the same age as you?

BONGANI WILBERFORCE KHABA: Yes, there were, some were the same age as myself, some were younger.

ADV SANDI: Thank you, Mr Khaba, thank you, Chair.

CHAIRPERSON: Mr Patel?

MR PATEL: As it pleases you, Mr Chairman.

MR PATEL: Mr Khaba, when did the Anti Crime Campaign become - change their name to become known as the Black Cats, do you know?

BONGANI WILBERFORCE KHABA: It started when the community started complaining about some criminal activities that were going on.

MR PATEL: Do you have any personal knowledge as to whether the South African Police had any role in the formation of the Anti Crime Campaign?

BONGANI WILBERFORCE KHABA: Yes, because after the weapons had been found, they were taken to the police.

MR PATEL: Now, on page 54 of your statement, this is one of your discussions with Mr Gushu, you make mention of three people as being some of the main forces behind the Black Cats, namely Obed Nhlabathi, Ongani Malinga and Nkosi.    Were your instructions that you received, was it merely to eliminate Obed or all three?

BONGANI WILBERFORCE KHABA: It was to eliminate all three.

MR PATEL: Now, the person who you mentioned, Helele Shongwe, was he part of your self defence unit?

BONGANI WILBERFORCE KHABA: Yes, that is correct.

MR PATEL: I have no further questions.
NO FURTHER QUESTIONS BY MR PATEL

MR KEMP: Mr Chairman, I would request your indulgence that my cross-examination of this witness stand over for a while, it will not mean an adjournment, my learned friend Mr Hattingh will be able to continue with cross-examination now.   It is possible that I might be able to curtail my cross-examination extensively after I've had a time to take further instructions after hearing the evidence, and I will be able, tomorrow morning, to either proceed or curtail as much as possible.   Thank you.

MS VAN DER WALT: No questions.
NO CROSS-EXAMINATION BY MS VAN DER WALT

MR MAPOMA: No questions.
NO CROSS-EXAMINATION BY MR MAPOMA

MR HATTINGH: Thank you, Mr Chairman.

MR HATTINGH: Mr Khaba, for what period were you a member of the SDU's, a member of the ANC, before you were arrested?

BONGANI WILBERFORCE KHABA: From 1992 up till 1994 when I changed and got into the defence unit, the Defence Force.

MR HATTINGH: Did you join the Defence Force of South Africa in 1994, is that correct?

BONGANI WILBERFORCE KHABA: That is correct.

CHAIRPERSON: Are you representing a family member of the deceased, Nhlabathi?

MR HATTINGH: That's correct, yes, the mother of Nhlabathi, Obed Nhlabathi.

CHAIRPERSON: What will her name be?

MR HATTINGH: If you'll bear with me for a moment, I just want to get the name, thank you.

CHAIRPERSON: While you're at it, you might as well check what the grounds of the opposition in this case is.

MR HATTINGH: Thank you, Mr Chairman, the name of the mother is Gertrude Nkosi, and the grounds for our opposition of the application is, we will lead evidence to the effect that the murder of Obed took place as a revenge murder, not for a political motive.

ADV SANDI: Yes, but Mr Hattingh, is it not inherently in the nature of the conflict we're dealing with here, we're dealing here with a number of applications emanating from a conflict that was taking place during the given period, is it not in the nature of that conflict that the two sides were attacking each other?

MR HATTINGH: That may very well have been the case in the conflict, but what we are saying here is that this murder took place without a political motive, it does not comply with the requirements of the Act to enable someone to get amnesty.

CHAIRPERSON: You say it was a revenge attack, presupposes that the deceased committed a murder?

MR HATTINGH: There was the belief with the applicant that the deceased, Obed, killed his mother, the applicant's mother, some six weeks prior to this incident.

CHAIRPERSON: And what was the context?

MR HATTINGH: Sorry?

CHAIRPERSON: What was the context?    Death of the mother, in what context did that occur?

MR HATTINGH: As far as I know, the death of the mother occurred on the 12th of April 1992.   That was on the same day that Chris Ngwenya got killed.   I'm now talking under correction, I believe that people went to the applicant's mother's house and that she got killed at her house, but the circumstances, right now I cannot tell the committee all the details.   Mr Khaba, you were part of the SDU formation for a period of two years then, is that correct, approximately two years?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: Prior to that, you were on the other side, so to speak, supporting Inkatha and their organisations?

BONGANI WILBERFORCE KHABA: What do you mean by that, could you please just explain?

MR HATTINGH: All I want to say is that, prior to you joining the SDU's, the ANC side, you were on the other side, the Inkatha side?

BONGANI WILBERFORCE KHABA: I was before, but I defected from Inkatha and went to the ANC, or into the ANC, under the self defence unit.

MR HATTINGH: You are applying for amnesty for only one matter, that is the killing of Obed, and obviously the weapons, the illegal weapons with which... (intervention).

CHAIRPERSON: He's also applying for attempted murder of Obed.

MR HATTINGH: Let me rephrase, you are only applying for amnesty for the incident regarding Obed, and for nothing else?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: For no other incident during your period with the SDU's, the two year period with the SDU's on behalf of the ANC in Ermelo?

BONGANI WILBERFORCE KHABA: Insofar as my involvement is concerned, these are the incidents.

MR HATTINGH: And this incident for which you are applying for amnesty is the only incident in which you were convicted and sent to a jail term, is that correct?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: Mr Khaba, you started your application for amnesty by way of the official form, we find that on page 42 of the bundle of documents, is it your signature on page 6 thereof, on page 45 of the bundle?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: Did you yourself fill in this form, the application for amnesty?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: And did you yourself send it off to the proper office where applications were to be received?

BONGANI WILBERFORCE KHABA: This form was sent by the ANC office in the Nelspruit region.

MR HATTINGH: Now when you completed this form for amnesty, did you tell the truth in this form, and only the truth?

BONGANI WILBERFORCE KHABA: That is correct.

CHAIRPERSON: Mr Khaba, I see this form is filled in in English, what's your mother tongue?

BONGANI WILBERFORCE KHABA: Zulu.

MR HATTINGH: You already told the committee that you completed standard nine at school, is that correct?

BONGANI WILBERFORCE KHABA: That is correct.

MR HATTINGH: Did you carry on with your schooling after standard nine?

BONGANI WILBERFORCE KHABA: No, I was not able to.

MR HATTINGH: Do you understand English?

BONGANI WILBERFORCE KHABA: I can say my use of the language is fair, not excellent or good.

MR HATTINGH: But you elected to complete your application for amnesty in English, is that correct?