Amnesty Hearings — Middelburg — 2000-05-08

CHAIRPERSON: It is Monday 8th May 2000, it's a sitting of the Amnesty Committee held at Middelburg in Mpumalanga.  The panel is presided over by myself, my name is Denzil Potgieter.  I'm assisted by Advocate Sandi and Mr J B Sibanyoni.  The matter before us is the amnesty application of R N Mahlakaone, amnesty reference AM5788/97.	For the record on behalf of the applicant?

MR KOOPEDI: My name is Brian Koopedi.  I appear for the applicant.

CHAIRPERSON: Thank you Mr Koopedi.  Leader of Evidence?

MS MTANGA: Lulama Mtanga, thank you Chairperson.

CHAIRPERSON: Thank you Ms Mtanga.  Yes Mr Koopedi?

MR KOOPEDI: Chairperson, we are ready to proceed and may the applicant be sworn in?

RATSON NIKI MAHLAKAONE: (sworn states)

MR KOOPEDI: Mr Mahlakaone, is it correct that you are an applicant in this matter which involves the killing of a policeman at an attack at a police station in Ntwengeni?

RATSON NIKI MAHLAKAONE: Yes.

MR KOOPEDI: Now the document I'm showing to you, Chairperson, page 1 of the bundle of documents.  Is this your application form?

RATSON NIKI MAHLAKAONE: Yes.

MR KOOPEDI: And on page 8 of the same bundle of documents, this document is signed.  Is this your signature?

RATSON NIKI MAHLAKAONE: Yes it's my signature.

MR KOOPEDI: Now at the time of this incident were you a member of a political organisation?

RATSON NIKI MAHLAKAONE: Yes I was a member of the MK.

MR KOOPEDI: I take it you would also have been a member of the ANC?

RATSON NIKI MAHLAKAONE: I was a member of the ANC.

MR KOOPEDI: When did you join the ANC?

RATSON NIKI MAHLAKAONE: I joined the ANC in 1982.

MR KOOPEDI: Where?

RATSON NIKI MAHLAKAONE: I joined the ANC in Zambia then I proceeded to Angola where I was doing training in military.

MR KOOPEDI: Did you also go to the GDR?

RATSON NIKI MAHLAKAONE: Yes after training at Angola I went to GDR.

MR KOOPEDI: And was this for further training?

RATSON NIKI MAHLAKAONE: Yes I was doing further training in military.

MR KOOPEDI: Now when were you infiltrated into South Africa?

RATSON NIKI MAHLAKAONE: I was infiltrated into South Africa in 1989.

MR KOOPEDI: Where were you to operate in South Africa?

RATSON NIKI MAHLAKAONE: My first mission was to operate in the North West.

MR KOOPEDI: And did you have occasion to come to the Eastern Transvaal?

RATSON NIKI MAHLAKAONE: Yes, after that I was sent down to North Eastern Transvaal.

MR KOOPEDI: You were sent down - I didn't get that?  You were sent to the Eastern Transvaal?

RATSON NIKI MAHLAKAONE: I was sent to the Eastern Transvaal.

MR KOOPEDI: Who sent you?

RATSON NIKI MAHLAKAONE: I've been sent by the late Comrade Chris Hani.

MR KOOPEDI: What did he want you to do in the Eastern Transvaal?

RATSON NIKI MAHLAKAONE: In the Eastern Transvaal I was sent to come and format operational units so that we must operate effectively and so that I must even command the units.

MR KOOPEDI: Okay, now when you were in the Eastern Transvaal did you form this unit?

RATSON NIKI MAHLAKAONE: Yes I did form the units in the Eastern Transvaal.

MR KOOPEDI: Did you also train them?

RATSON NIKI MAHLAKAONE: I trained them I used them to operate in the Eastern Transvaal.

MR KOOPEDI: Now the attack in Ntengweni Police Station, why was this police station attacked?

RATSON NIKI MAHLAKAONE: The question of Ntengweni Police Station was that during my operation in this province I got the information that Ntengweni Police Station was used as one of the police stations which are used by the askaris to hide or to put their weapons in the area because that is part and parcel of the missions, of my mission in the Eastern Transvaal to go around and look for some of the members of askaris, especially one person who was a defected member from the MK.

MR KOOPEDI: And then?

RATSON NIKI MAHLAKAONE: Then I decided to launch an attack but the attack was not to harm anybody, it was only to go and confiscate the weapons that were used by the askaris.  I managed to go to the police station and do some sketch, then I go back to one of my unit that actually I trusted them, especially in operations.  Then I came down to Machadasdorp with the unit.  During my arrival at the police station, with the orders that I gave to the members of that unit, we got to the police station.  It was around 11 o'clock - midnight, or 23H00 where one member who was supposed to go through to the police station in the charge office was shot.  I jumped over the fence at the back of the police station.  During that time I heard a shot which was a pistol shot and I started becoming aware that no, there's somebody firing and during that time the lights of the police station was off because all my members were not having pistols, they were using machine guns, semi-machine guns and machine guns.  Then I ran straight to the charge office. I found one of my members lying in front of the charge office.  So then I started firing inside the charge office because one of my members was lying down who was shot.  During that time there was an exchange of fire and I called one member who was a driver because the vehicle was parked in front of the police station at the gate to cover me up because I was experiencing some shots again.
	Unfortunately, I didn't even manage to pull off with my member who was shot.  Then the member who was driving was shot on the hands again.  He shouted to me, he said "I was shot".  Then I kept on firing alone and then during that time there was no more, any firing from the police station when I retreated.  I took the gentleman who was the driver to the vehicle.  Then we drove off the scene.

MR KOOPEDI: Where did you go from the scene?

RATSON NIKI MAHLAKAONE: From the scene I drove to where I was having my ...(indistinct) where I put my weapons, then I drove to Jurick where I met with Comrade Hani.  I informed him about the issue.  Then he said to me I have to go back to Zambia in order that I must go and settle a little while.

MR KOOPEDI: Did you go out of the country?

RATSON NIKI MAHLAKAONE: Yes, I did go back to - I go straight to Botswana and Zimbabwe and Zimbabwe I drove to Zambia.

MR KOOPEDI: When did you come back to South Africa again?

RATSON NIKI MAHLAKAONE: In 1991 I came back to South Africa.

MR KOOPEDI: Were you arrested or was there any threat to arrest you for this incident?

RATSON NIKI MAHLAKAONE: Actually on my arrival because I came with a plan.  On my arrival at the airport there started a problem where the police were running behind me but they didn't manage to get hold of me to until there was a stress intimidation between me and the police because they were already busy with my family, harassing my family.  And one time I remember when I phoned a policeman in Nelspruit telling him that they must stop harassing my family because I was in hiding anyway.
	But there was negotiations between the ANC and the government where it was agreed that I must apprehended to the police so that they must do a test case because there was a promise that they were not going to arrest me but I must - they will give me bail and then I'll stand for a trial, I mean outside of the jail and I must apply for an amnesty.
	Then, during that time, the former premier of Mpumalanga, Matthew Phosa was there, Legal Adviser of the ANC.  Then they brought me from Johannesburg to Middelburg Police Station where I found members of the security branch waiting for me.  Then they told me that I'm under arrest.  They took me to the magistrate's court here in Middelburg where I was supposed to do a statement.  Then after that they took me to Belfast Magistrate's Court where I was told that I must give a bail of R1500, then the money was already issued to me, then I gave them, then they released me at the same time, yes.

MR KOOPEDI: Who had given you this money?

RATSON NIKI MAHLAKAONE: The money I was given by Matthew Phosa, that's from the ANC probably.