Amnesty Hearings — Nelspruit — 1997-06-11

MR BLACK: Mr Chairman, we are proceeding effectively I understand from the legal representative acting for Mr C. Nkuna in application number 0826/96.  The victims in this instance have been notified and are represented by Adv Patel and one of the implicated parties, Mr Skosana, his legal representative has been notified as well and arrangements have been made for him to attend the hearing.
	Apart from that Mr Chairman, I understand that a written statement has been prepared by the representative of Mr C. Nkuna and perhaps he could confirm whether we are confirming with C. Nkuna or if he still has to conclude anything relating to Mr J.H. Nkuna.  Thank you Mr Chairman.

ADV TEE: Mr Chairman, we are going to commence at the moment with the application of Conrad Nkuna and we intend to lead his evidence.  He has prepared a written statement which was handed up, which he will read in English and thereafter he will put on the headphones and answer questions in Seswati.  If we may then have the witness sworn in.

CONRAD NKUNA: (sworn states)

CHAIRPERSON: You may proceed.

ADV TEE: Thank you Mr Chairperson.

CONRAD NKUNA: I, the undersigned Conrad Nkuna, do hereby make an oath and state I am the applicant herein.  I am currently serving an effective seven years imprisonment at Barberton prison.
		At my trial in the regional court, I was sentenced to five years imprisonment on six counts of attempted murder and a further effective five years, on five counts relating to possession of arms, explosives and ammunition.
		My effective sentence is seven years imprisonment".

ADV TEE: Can you hear me on this one, but the sound is not good?  Can you hear me now, much better?

CHAIRPERSON: And please don't read very fast.

CONRAD NKUNA: "All these charges relate to an attack on the house of Mr Johannes Shabangu, that took place on the 10th of November, 1992 and in which I was involved.
		I am the younger brother Joseph Harold Nkuna, whose testimony this Committee has heard, and who is some ten years older than me.  My family circumstances are as those set out in his statement to the Committee.  At the time I committed these offences in respect of which I seek amnesty, I was 17 years old and a student at the Tembekha High School in Ganyamizani.
		As a teenager, I idolized my brother who was a role model to me and my family.  I became involved in the politics of liberation in 1988 when I was in standard 6 and living in Swalalha.
		I was an active participant in youth and civil structures in my home area.  I was strongly influenced by the cadres of Umkonto We Sizwe, whom my brother brought to my sister's home, where I lived.  These MK cadres whom I regarded as heroes, showed me how to use light weapons and taught me much about their struggle.
		In 1991 I moved to Gwayamazan to live with my brother.  I was in standard 9 at that time and at his house too, I met many MK cadres whom he was assisting.  I got involved in providing support to MK cadres by transporting them to and from safe houses.
		Helping them fetch and hide weapons (indistinct) boxes and generally provide them with the support they needed.   Although I knew how to use weapons, I was never a formally trained soldier.  I was however a member of the ANC Youth League.
		The attack on my brother was traumatic both for myself and my family, particularly as we had lost a sister some six months earlier, who had died at a mysterious fire at her home at Giyani.  At the time of my sister's death, we suspected foul play.  She was the pillar of our family and did a great deal to support us.
		We suspected that the police were involved in an arson attack upon her and that it was done to hurt Joe and his family.  I believe as did my family and those comrades with whom the matter was discussed, that attack on Joe was orchestrated by members of the Security Forces who had recruited members of the ANC for this purpose.
		My brother was a great leader of the ANC, a stalwart of the struggle and somebody whose death would be a huge blow to the movement in this area.  There was little doubt in my mind that the agent responsible for the murderous attack on him, will try again and that if they succeeded, that will be disaster, not only for myself and my family, but also for the movement as a whole.
		When Soli Morapi and Derick Skosana arrived at my brother's home with information regarding the identity of the agent, who had ordered the attack on my brother, I was quite willing to participate in their plan to kill this person.
		I went willingly with the two MK cadres to carry out the attack.  My role was however, not as an attacker, but fundamentally as a guide to point out to the two cadres the house and the room in which Mr Shabangu slept.
		During the attack however, I was armed with an AK47 rifle which (indistinct).  It was given to me by Soli and I returned it to him immediately after the attack.  Only two grenades were thrown during the attack and no shots were fired.
		One of the grenades went into the room, the other exploded outside.  I truly believed that Mr Shabangu was the only occupant of the room and I was not aware that Mrs Nolene Lingwale was present.  I certainly had no intention to harm or injure any other occupant of the house.  I do appreciate however, with hindsight the possibility that they may have been injured or killeD.
		After the attack, we fled on foot to a safe house near (indistinct) and a day later, left for Swalalha.  Soli left a briefcase in my room containing a handgrenade and 20 rounds of ammunition.  The briefcase was mine.  When he left it, I believed he left it there by mistake.  We were arrested at the house in Swalalha a short while later.
		The raid came as a complete surprise to us and no resistance was put up.  Soli was shot dead by Major Van Zyl, notwithstanding the fact that he was armed.  His personal firearm was under the mattress at that time.
		I have little doubt that he was killed deliberately.  I participated in the attack in the absolute confidence and belief that I was doing the right thing.  I was accompanied by two experienced soldiers and the attack was planned with their council and that of my brother who was a senior MK Commander.
		At no time did I doubt that it was a legitimate attack on an enemy agent and I had a bona fide believe that it was a furtherance of the struggle in which the ANC was engaged.
		There can be no doubt in the fact that the victim of our attack was believed to me to have orchestrated the attack on my brother, made me susceptible to participate.  I will not however, acted as I did if I had not  believed that the attack on my brother was a political motivated attack and an attack on the ANC as a whole.
		Emotions such as revenge, malice and spite are not known in my family.  The values that we were taught as children are those of caring and tolerance.  I did not act out of a test for revenge.  I associated myself with the statement of my brother and in particular his express desire to be forgiven and to effect reconciliation.
		In all the circumstances, I pray that this Honourable Committee grants me amnesty".  
I thank you.

ADV TEE: Mr Nkuna, When Soli Morapi was shot dead, was he armed or unarmed?

CONRAD NKUNA: At the time he was not armed.

INTERPRETER: The speaker's microphone is not on.

CHAIRPERSON: Shall we then admit this affidavit as Exhibit B, the other one was Exhibit A, wasn't it, so this will be Exhibit B.  Thank you.

INTERPRETER: The speaker's microphone is not on.

ADV TEE: May I just enquire Mr Chairman, does the Commission have a copy of the document just read by Mr Nkuna?  Thank you.  I beg your pardon?

CHAIRPERSON: If you could have an extra copy, that would help.  We do have copies, but we have given them to the interpreters to help them to make their task easy.