Amnesty Hearings — East London — 1997-03-18

HASSAN MALL: Yes, thank you very much.
WITNESS EXCUSED
EAST LONDON HEARING	AMNESTY/E CAPE
 
MISS COLLETT	169	MR BAM

MS COLLETT: Mr Chairman I call Mzimphle Bam.  Mr Chairman it is B in your papers.

HASSAN MALL: Thank you.

SISI KHAMPEPE: Your full names?

MZIMPHLE ELVIS BAM: (sworn states)

MS COLLETT: Mr Bam were you a member of the ANC Youth League in 1993?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: You have heard the testimony of your other co-applicants.  Do you associate yourself with that and is it the truth?

MZIMPHLE ELVIS BAM: Yes that is the truth.

MS COLLETT: Did you associate yourself with the actions of the ANC Youth League on that day and intend to kill the deceased in this matter?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: Did you go along with the group when they chased the deceased in this matter?

MZIMPHLE ELVIS BAM: Yes I was together with them.

MS COLLETT: Where in the group were you?

MZIMPHLE ELVIS BAM: I was at the back of the group.

MS COLLETT: Did you inflict any physical injury yourself on the deceased?

MZIMPHLE ELVIS BAM: No.

MS COLLETT: Why was that?

MZIMPHLE ELVIS BAM: Because when I arrived there she was already dead.

MS COLLETT: If you had been one of the first to arrive there would you have assaulted the deceased with the intention of killing her?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: So your evidence is that at the time you got EAST LONDON HEARING	AMNESTY/E CAPE
 
MISS COLLETT	170	MR BAM
there it would have been a pointless exercise?

MZIMPHLE ELVIS BAM: Can you please repeat the question?

MS COLLETT: Is your evidence that at the time you got there it would have served no purpose in you assaulting the deceased because she had already been assaulted and was dead?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: Do you confirm that you associated yourself with the actions of the people that were inflicting the physical harm to the deceased that caused her death?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: Do you also confirm that you intended that she should be killed?

MZIMPHLE ELVIS BAM: Yes.

MS COLLETT: How do you feel now, looking back retrospectively, about the fact that you associated yourself with the intention to kill a person who ultimately died?

MZIMPHLE ELVIS BAM: I feel very bad about this.   Firstly, in the Mphambane family, yes at that time we were forced to act the way we did, but now today I feel very painful about this matter and to the Mphambane family I ask for forgiveness.

MS COLLETT: Now, why do you say you were forced to act as you did at that time?

MZIMPHLE ELVIS BAM: The reason is that all that happened in the village at that time, I was part of that group, although I did not injure her but if I was the first person to arrive there I would have taken part in injuring her, but when I arrived she was already dead.

MS COLLETT: Do you confirm that this was an act that you believed was committed because of the political struggle that existed at that particular time?
EAST LONDON HEARING	AMNESTY/E CAPE
MISS COLLETT	171	MR BAM

MZIMPHLE ELVIS BAM: Yes I do confirm that.

MS COLLETT: That is the evidence, Mr Chairman.
NO FURTHER QUESTIONS BY MISS COLLETT

MR BRINK: I have no questions thank you, Mr Chairman.
NO CROSS-EXAMINATION BY MR BRINK

JUDGE WILSON: Were you part of the group that chased her?

MZIMPHLE ELVIS BAM: Yes I was part of that group.

JUDGE WILSON: So these various other statements you put up in your application were completely untrue?   First of all you put up a statement, Annexure B which you say, is a true statement, where you said you were looking for your grandfather's cattle, goats and cattle.  Do you remember that?

MZIMPHLE ELVIS BAM: Yes I do remember that.

JUDGE WILSON: And that was all untrue?

MZIMPHLE ELVIS BAM: That is what I said in court.  It was a lie.
JUDGE WILSON