Amnesty Hearings — Cape Town — 1997-10-27

HUMPHREY LUYANDA GQOMFA: Excuse me for one moment, we gave the weapons to Richard Dala.

NORMAN ARENDSE: Thank you, shall I just read that back then.  The following day we gave Richard Dala the suitcase containing the arms and ammunition at his house.  We never told Dala anything and he did not ask any questions of us either.
	We then also asked him for money for transport back home.  Dala did not have enough money on him, and he phoned Michael Siyolo.  Shortly afterwards Siyolo arrived and gave Madasi the sum of R300-00.  We then divided ourselves into pairs.
	I was with Jantjie, Mabala and Madasi were together and Maxebo and Sibeko were paired.  From here on ... (intervention)

HUMPHREY LUYANDA GQOMFA: Excuse me again.  Where the money is concerned, we did not get the money from Dala.  Could you fix that up please, could you rectify that.

NORMAN ARENDSE: I said that shortly afterwards, after Dala had been asked for money, Dala had said he didn't have enough money and he phoned Siyolo.  Siyolo then arrived and gave to Madasi the sum of R300-00.

HUMPHREY LUYANDA GQOMFA: Okay.

NORMAN ARENDSE: We then divided ourselves into pairs.  I was with Jantjie, Mabala and Madasi were together and Maxebo and Sibeko were paired.
	From here we had decided to go to various places only known to ourselves.  We had also decided that we should all leave Cape Town by no later than the 3rd of January 1994.
	I was arrested on the 14th of July 1994 in Motherwell in Port Elizabeth.  I was at home at the time.  I was taken first to Bloemfontein, and then to Cape Town to stand trial.  I pleaded not guilty and I never gave any evidence in my defence.
	The evidence given by the State witnesses, was largely correct.  The only aspects however, which stand out is the allegation that two black men had entered the Tavern, and had opened the fire and that these black men were wearing balaclavas.  This is not correct.
	Neither Jantjie nor I entered the Tavern and neither of us were wearing any balaclavas.  We had worn no disguises.  I am currently serving a long sentence at the Grootvlei Prison in Bloemfontein.  I did not carry out the operation or any of APLA's operations for that matter, for personal gain or for personal benefit.
	I faithfully and diligently carried out the instructions which I was given by those in the APLA command.  As far as I was concerned, the attacks was to get the land back from the whites who had taken it away from the African people through violent means.
	For us and for me in APLA, the only way to get our land back, and to liberate the black masses was through the use of force.  Although I had heard in court that only one white person had been killed, this did not particularly mean anything to me, because I had been told by Nonxuba that it was a target frequented by the Security Forces.
	The Security Forces as far as I know, was made up largely of white people, although it also comprised some black people.
	I am aware that the PAC had been involved in negotiations at the time, but I am also aware that it had resolved at its December 1993 congress to intensify the armed struggle through APLA.
	I therefore did not see any contradiction in the PAC as a political party, negotiating on the one hand and APLA carrying out the armed struggle on the other.
	As I indicated in my application, I do sincerely regret the loss of life occasioned by the attack and I wish to convey my deepest and sincerest apologies to the families of those who were killed and injured in the attack.
	I wish to ask them for their forgiveness.  I respectfully submit that my application complies with the requirements of the Promotion of National Unity and Reconciliation Act and I furthermore respectfully submit that I have as a member of APLA who had carried out an instruction, given to me by the APLA High Command, made a full and proper disclosure to this Committee and I ask for amnesty to be granted to me.   That is the end of the written statement.

CHAIRPERSON: Are there any questions you wish to put to the witness?

NORMAN ARENDSE: Just for the record Mr Chairman, if Mr Gqomfa could just indicate whether he is in agreement with what have been read to him.

HUMPHREY LUYANDA GQOMFA: Yes, I agree with the statement except where Nosolina is concerned.  He was no injured but killed.

NORMAN ARENDSE: Then just a few questions Mr Chairman.  Mr Gqomfa, there is only three of you here today, although it appears from, it is clear from your statement that six of you were involved in the attack, is that correct?

HUMPHREY LUYANDA GQOMFA: Yes, that is so.

NORMAN ARENDSE: Can you give the Committee an indication of the whereabouts, if you know the whereabouts of any of the other three who have not applied for amnesty?  Can we start maybe with Jantjie?  Do you know where he is?

HUMPHREY LUYANDA GQOMFA: I have no idea where he is.

NORMAN ARENDSE: Mr Chairman, could I then just indicate from our own enquiries, that Mr Jantjie is lying in the Conradie Hospital in a vegetative state.  He was apparently shot in a feud in the township.  That is all I know Mr Chairman.

CHAIRPERSON: Yes, and the others?

NORMAN ARENDSE: Sibeko?

HUMPHREY LUYANDA GQOMFA: I do not think they are in jail as I am in jail.

NORMAN ARENDSE: In respect of Theo Sibeko Mr Chairman, could I also just indicate that as legal representatives, we did consult with Mr Sibeko.  He indicated to us, I think it was as late as Wednesday or Thursday last week, and I passed this on to Mr Prior, that he now wanted to apply for amnesty.
	The problem is obviously that the cut off date had come and gone.  And there doesn't appear to be any scope in the Act for this Committee to grant condemnation, but his circumstances are as follows.  Sibeko was arrested in connection with the Heidelberg Tavern matter, but the charges were then withdrawn.
	This is what he tells us.  He was under the impression that that was the end of the matter and it was only once he had the benefit of consulting with us after he had received notice from the Commission as an implicated person, when we explained to him the differences between the criminal process and this process.
	But by then it was too late, so he is around.  We don't have instructions Mr Chairman, to act for him.  Mr Gqomfa, the remaining person Maxebo, do you know where he is?

HUMPHREY LUYANDA GQOMFA: As I said before, they are not imprisoned like I am.  I have no idea where they are because I am in jail.

NORMAN ARENDSE: Mr Gqomfa, when we consulted, we referred to two other statements which formed part of the record.  I just want to refer you to them.  Mr Chairman, maybe at this point is when I need to have the record in front of Mr Gqomfa.

CHAIRPERSON: Can we make one available?

MR PRIOR: Yes, Mr Chairman.

CHAIRPERSON: Yes, proceed please.

NORMAN ARENDSE: Thank you Mr Chairman.  Mr Gqomfa, on page 73, there is a statement in Afrikaans by a person with the name Sandile Gerald Ntsikilana.  Do you see that?

HUMPHREY LUYANDA GQOMFA: Yes, I can see it.

NORMAN ARENDSE: Do you know a person by that name?

HUMPHREY LUYANDA GQOMFA: No, the name is not familiar to me.