Amnesty Hearings — Cape Town — 1999-10-28

MR PAPIER: Yes.
MR BOOI
When we turned left this particular van left the other cars which were proceeding on the same way and continued to follow us.  I instructed the driver again that: "Can you please decrease your speed, 50, 40 a little bit."  He decreased his speed, the van continue to follow us.  His lights were on and then we turned right again on the next street.  When we turned right again, the van put on its bright lights and we could see that there were a group of people who were still sitting in a shebeen partying, some cars outside and all those things.  We passed.  Immediately when we passed that house, the van which was following us switched off all its lights and it was not light and then it reached us.  It was very close behind us.
		We started to panic.  We started to discuss amongst ourselves that these people are up on something.  Immediately our briefings came to mind, that we have been briefed that there are the askaris, are actually travelling around with police vans and all those things and they are clad in police uniforms.  So I started to order the group to be comrade-readiness, everybody to have his weapon next to him and then immediately we turned right, back to the street where we came from, that is Ems Drive.  While we were proceeding to Ems Drive the speed was decreasing from the van behind us.  Then we turned left into Ems Drive again.  Unfortunately where we turned left, opposite us there's a school with big trees.  On the other side there are no houses, there is a dark spot and immediately the van overtook us and before it overtook us actually, the passenger on the left-hand side showed with his torch that we must get off the road.  We have done so immediately and I ordered the comrade who was driving the car, comrade Wiseman to stop the car and everybody to sit inside the car until we can see what is going to happen.  
		The van arrived, they slightly crossed our car's front, giving us space not to run away, all those things and then I immediately opened my window.  When the first policeman jumped out, he was carrying a pistol.  I would say it's a policeman because he was wearing a camouflage uniform.  He carried a pistol in his right hand.  The second one from the driver's seat who jumped out, was carrying a sub-machine gun which appeared to me at that stage as an Uzzi because I - when I saw the sub-machine gun and the policemen were pointing the firearm direct to me, I decided then to take a decision to shoot.  I shot at him first because I know if I couldn't shoot first, I would be killed on the spot with the occupants.  
		I shot at him, I opened automatic fire and immediately as I ordered comrade Lincoln, who was seated next to me at the back seat of the car carrying an AK47 to cover the other side of the van, if there are any people at the back of the van, because we couldn't see the back of the van and also the driver's side.
		I ordered Mabuya at that stage to cover the front side of the van and also to observe for any reinforcement, if possibly there is because we've got into an ambush now.  So we continued firing.  After some few seconds, when we felt that we were having the situation under control, we decided that Comrade Lincoln as instructed, he's going to cover us, then we will be leaving with the car.  We left with the car from the scene immediately after this.

MR PAPIER: Continue.

FUMANIKILE BOOI: Yes.
After I left the scene with the unit that was now two, we were three, one was left to cover the scene with his AK47, Wiseman dropped me off where I was supposed to go and meet Comrade Chris Hani and report to him what has happened.  I'd immediately gone to the late Comrade Chris Hani and informed him that on our way to NY47 in Guguletu we were ambushed by askaris.  We managed to retaliate, we don't know whether there are people injured or not, but we presume that there are some people who are injured.

MR PAPIER: Now Mr Booi, you subsequently established that Mr Els, Sgt Els had died, is that correct?

FUMANIKILE BOOI: Yes, in the morning of the 7th when I read the newspaper, Cape Times, I established one of the occupants of that car died and it was Sgt Els Khulu, as it was said in the paper.  I regretted it because never was it our intention at that stage of negotiation to continue with assassination or killing any policemen and what.

MR PAPIER: Yes, now the following day the late Chris Hani delivered an address, the planned and scheduled address, is that correct?

FUMANIKILE BOOI: Yes.

MR PAPIER: He also made reference to this ambush, as you understood it?

FUMANIKILE BOOI: Yes.

MR PAPIER: Can you recall what he said about it?

FUMANIKILE BOOI: Yes, actually what Comrade Chris said on his address in NY49 Guguletu, he said "Since ever I arrived in South Africa and the organisation was involved in negotiation with the government we're repeatedly saying that askaris, some police force members, special units who were against the negotiation, were keeping on assassinating our comrades and all those things.  The incident which happened in Nyanga is not an isolated incident to all the incidents which are happening all over the country at present."

MR PAPIER: Yes.

FUMANIKILE BOOI: So he further said that:  "I congratulate the comrades, in particular the Commander, who managed to bring all his members, his unit members safely back from that particular ambush in Nyanga."

MR PAPIER: Is it correct that you were arrested for this incident in January 1992?

FUMANIKILE BOOI: It is correct.

MR PAPIER: You were kept in custody and were released on R10 000 bail at the Wynberg Regional Court, is that correct?

FUMANIKILE BOOI: That is correct.

MR PAPIER: Who testified at that bail application?

FUMANIKILE BOOI: On July 1992 when I was refused bail, Comrade Chris Hani himself, the late Comrade Chris Hani testified at my bail hearing at Wynberg Regional Court.

MR PAPIER: And I understand that he confirmed that you were acting under his orders, is that correct?

FUMANIKILE BOOI: Yes, he actually told the Magistrate that he is there in the court because I was on a political mission, under his command and his instruction and he believed whatever we've done, was under the political blanket of the ANC and the liberation movement Umkhonto weSizwe.

CHAIRPERSON: I want you to listen to my question very carefully.

FUMANIKILE BOOI: Thank you.

CHAIRPERSON: How did that incident provide any political advancement for your organisation?

FUMANIKILE BOOI: It advanced political advancement, (1) because the ANC get into negotiation with the government and the government was reluctant to commit itself fully to the negotiation, also underestimating the presence of MK unit inside the country.  The skirmish itself actually sent a clear message that MK is inside the country and it is advancing its military wing because it is the first time that the police could report a high number of highly trained MK terrorists being in the same operation at the same time, inside Cape Town in particular.  So that sent a panic button to the government there and put the ANC in a stronger position, also to say that despite the question that the government has promised that there won't be any further assassination on MK members and its leadership inside the country, but there was a continuity.  In that regard it was politically motivated, in advancing the government.

MR PAPIER: Is it also correct that you were mandated to protect the leadership of the ANC and in particular Chris Hani?