Amnesty Hearings — Cape Town — 1999-10-26

XOLA TEMBINKOSI YEKWANI: I reported it after the incident and I told Mr Ntamo about this.

MS PATEL: Who did you tell about this?

XOLA TEMBINKOSI YEKWANI: Mr Ntamo.

MS PATEL: Okay and did this incident that you are speaking of now take place before the murder of Pro Jack?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MS PATEL: Okay and is it correct that as a result or subsequent to that incident you were then sent away for training?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MS PATEL: Okay.  Now if you had taken Mr Ntamo into your confidence with that incident,  why did you not report back to him with this incident that you are now applying for amnesty?

XOLA TEMBINKOSI YEKWANI: I was forced to tell him about that incident because after using the firearm in Khayelitsha I was forced to leave it at Khayelitsha and I had to tell him that I left the firearm at Khayelitsha so they should devise some means to go and fetch the firearm.

MS PATEL: I'm sorry, sir, I don't understand your response.  Are you saying that you in fact told him that you were involved in this killing?

XOLA TEMBINKOSI YEKWANI: Are you talking about the Khayelitsha incident?

MS PATEL: No, no, the Pro Jack, the killing of Pro Jack.

XOLA TEMBINKOSI YEKWANI: Yes I was present, I'm the perpetrator there and Mr Ntamo was not there.

MS PATEL: No let's just - I think perhaps you are confused.  Let's just take this one incident at a time, the Khayelitsha Police incident, you went and reported to Mr Ntamo, not so?

XOLA TEMBINKOSI YEKWANI: Yes I told him after the operation.

MS PATEL: Okay.  Now my question to you is after the killing of Mr Jack did you report to Mr Ntamo?

XOLA TEMBINKOSI YEKWANI: No.

MS PATEL: Why not?

XOLA TEMBINKOSI YEKWANI: It was not easy for me to go on telling the people about what I did.  I was very frightened about this incident and I was also following what Mr Langa had told me before that to tell the people because that would cause more problems with me even if I had tried to explain it no one would understand it therefore he told me to take a pause and wait for him to tell the people.

MS PATEL: And that never happened for years, not so?  Mr Langa never told anybody for very many years and then he died?

XOLA TEMBINKOSI YEKWANI: At least I know that when we went to the lawyers I knew that nothing would be hidden forever though it took time to be heard by the people but I knew that it will eventually come to the ears of the people.

MS PATEL: Okay.  You say that Mr Langa died in 1994 more or less?

XOLA TEMBINKOSI YEKWANI: I'm not sure about the year but I think it was in 1994 or 1995, I'm not sure.

MS PATEL: Okay and after that you were satisfied with leaving matters as they were because you had told Mr Joshua about this incident?

XOLA TEMBINKOSI YEKWANI: I was not that satisfied because the other people were not told about the incident like the ANC organisation and Pro Jack's family.  I had only made a statement to the lawyers.

MS PATEL: Why didn't you go back to the lawyers, sir, after they didn't get back to you, why didn't you take the initiative if it concerned you so much, why didn't you go back to them and say look, what is happening?  Especially after Mr Langa had died?

XOLA TEMBINKOSI YEKWANI: I tried to talk to Mr Wilkinson because when Mr Langa passed away I was in Pretoria, that was during the integration period and at the time I was still in Pretoria, I would come only month end therefore I did not get a chance to do that but when I came and when I was staying in Wynberg I went to Mr Wilkinson and enquired about that, this incident.

MS PATEL: When was that?  When did you go back to Mr Wilkinson to enquire about this incident?

XOLA TEMBINKOSI YEKWANI: It was in 1996.

MS PATEL: Mr Joshua had passed away by then, not so?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MS PATEL: Okay.  Can I just ask you, you say when you were standing at the tree that you were facing Philippi, the direction of Philippi when Tobani said to you ...(intervention)

XOLA TEMBINKOSI YEKWANI: Correct.

MS PATEL: Okay, is that not the direction in which the vehicle of Mr Jack was coming from?

XOLA TEMBINKOSI YEKWANI: No.

MS PATEL: Alright.  Sorry Honourable Chairperson, if you'll just grant me a moment?

CHAIRPERSON: Yes.

MS PATEL: Sorry, thank you Honourable Chairperson.  Just finally, just in fairness to put to you what Mr Ntamo said about your involvement with Dan Nkwatcho, you say to us that Dan Nkwatcho knew almost from the inception about this incident whereas Mr Ntamo has statement in his ...(intervention)

XOLA TEMBINKOSI YEKWANI: ...(inaudible)

MS PATEL: Can I just finish what I want to say before you respond please?  Thank you.  Whereas Mr Ntamo has stated in a statement to us that Mr Nkwatcho also approached you and he says he presumes that Mr Nkwatcho was investigating the death of Pro Jack.  Would you like to comment on that statement to us?

XOLA TEMBINKOSI YEKWANI: As far as I'm concerned I knew that Daniel Nkwatcho was told by Mr Langa because Mr Langa had told me that I was going back to the lawyers to make a statement.

MS PATEL: And Dan was also the one who sat in on the consultation with you, not so, with the lawyer?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MS PATEL: Thank you Honourable Chairperson.
NO FURTHER QUESTIONS BY MS PATEL

CHAIRPERSON: Thank you Ms Patel.   Has the Panel got any questions?

ADV SIGODI: Who told you to go and guard the deceased's home?

XOLA TEMBINKOSI YEKWANI: Mr Ntamo told me to do that.

ADV SIGODI: Do you know why he chose you?

XOLA TEMBINKOSI YEKWANI: Yes I can say the reason for him to do that is because the firearm was still in my possession and he knew very well that I'm using that firearm or I am able to use that firearm.

ADV SIGODI: At this time were you employed during this incident?

XOLA TEMBINKOSI YEKWANI: No I was unemployed.

ADV SIGODI: It was put to you that one of the possibilities why you killed Mr Jack was because of taxi violence.  Do you know how you could possibly be linked with taxi violence?

XOLA TEMBINKOSI YEKWANI: That issue was far away from me and I did not want to hear a thing about that because I was none of the taxi owners that is why I did not want to involve myself in the taxi violence.

ADV SIGODI: You never drove any taxis for anybody?

XOLA TEMBINKOSI YEKWANI: No, not at all.

ADV SIGODI: Tell me, is there a road which links the Lansdowne Road and the Emms Drive?

XOLA TEMBINKOSI YEKWANI: Yes you can go up with Emms Drive, you can drive to Emms Drive until you get to Philippi.

ADV SIGODI: Yes but is there a short cut between Lansdowne Road and Emms Drive that goes through the - that is not a tarred road or where the cars can go, that is through the grass, is there a road like that?

XOLA TEMBINKOSI YEKWANI: A shortcut?

ADV SIGODI: That links Lansdowne Road and Emms Road, that where you can drive through the grass or the bush?

XOLA TEMBINKOSI YEKWANI: No except for Emms Drive that is coming from Nyanga East to Lansdowne Road, that intersect at Lansdowne Road from where we were.

ADV SIGODI: No, what I'd like to get clear in my mind is how did the deceased approach you from behind in such a way that you could not see him and you only saw him in such a way that you did not see the lights and you only saw him when somebody pointed him out to you and he was just about two metres away from you?  How did that happen?

XOLA TEMBINKOSI YEKWANI: I cannot say how did he come because I was just told there was a car behind me.  If I had seen the car I could have tried to run away perhaps.

ADV SIGODI: Okay.

CHAIRPERSON: Thank you.   Mr Riley, re-examination?

MR RILEY: Thank you Chairperson.
	I just want to ascertain, Mr Yekwani, one or two aspects.  Mr Dan Nkwatcho, do you know where he presently finds himself?

XOLA TEMBINKOSI YEKWANI: Yes I did see him here at this tribunal.