Human Rights Violation Hearings — East London — 1997-06-10

MR SANDI: Mr Mfundisi  the questions that we would ask as the Commission are not because we do not know the answers to the questions.  Each witness appearing before us would swear and be on oath to tell the truth even though we have the answers but because we want to ascertain the truthfulness of the person we ask questions to.  Who gave orders on this day when you were commanding the raid as I need clarity here?

UNKNOWN: What orders or instructions about the raid or what?

MR SANDI: As a Commander of this particular unit where did you receive your instructions from, what were you supposed to do and where?  Please be patient Sir and wait for me to say I'm finished, I'm through.

UNKNOWN: A week before the raid White men from the Security Branch in East London came telling me that there is an anonymous letter which they received and this letter contained information about the Security Police.  The letter alleged that we wanted Matembo Umwuso who stayed in the house of a certain Mr Bikitsha.  This person proceeded saying that we must raid this house as there are arms and explosives which are unlawful and this person was at home most of the time especially during the day however at night this person goes out.  This person said he wanted to get rid of the person with the illegal arms.  I asked for this letter but it was not given to me and I was then requested by the Security Branch Officers from East London to help them find this man.  I was a bit concerned because this was not the usual way of getting information.  It probably was someone who was close to this family or who knew them very well but the question was, who was this person.  I took the telephone directory there was only one Bikitsha that was listed next to Mount Ruth.  I was a bit confused because a second Bikitsha came up within the area.  somebody phone saying that this anonymous person phoned again and this person was urging us to make this raid.  This time I got the chance to read the letter.  We did not know whether this was a trap and we did not know who Bikitsha was.  We summoned a task force and handed this over to them.  After the task force had searched the house we would be allowed to search the house.  It was .......................... who would lead this.

MR SANDI: Excuse me Mr Mfundisi you have answered me I just wanted to know where you got the orders from.  Apparently you got this from the Republic of South Africa even though you were the police of the Republic of Ciskei.  Let us conclude  this matter.  You said you are an expert where explosives are concerned.

UNKNOWN: Yes.

MR SANDI: Could you clarify that?

BONGANI FINCA: Order please we are not in a circus we are in a hearing, order please.

UNKNOWN: I'm not sure what you're saying.

MR SANDI: When did you become an expert in explosives?

UNKNOWN: In 1985.

MR SANDI: Did you study?

UNKNOWN: Yes.

MR SANDI: Thank you Mr Chairman I won't take this any further.

BONGANI FINCA: Thank you  Mr ......................  Mr Mfundisi you were listening when ...   Do you confirm that you arrested Mr Bikitsha?

UNKNOWN: No.

BONGANI FINCA: Did you confirm that Mr Bikitsha was handed over to you after having been arrested?

UNKNOWN: Yes.

BONGANI FINCA: Was this at Mdantsane Security Offices?

UNKNOWN: I think there is a mistake.  When he was arrested I was still at Mr Bikitsha's house conducting the search.  What caused the delay was as a person in charge after the whole raid I would have to give a detailed report to the Head Office and wait for the photographers therefore I was still there.  He then he came saying that he has this Mr Bikitsha and that is how he was handed over to me.

BONGANI FINCA: Therefore you are disputing the fact that he was taken to Mdantsane Security Police and handed over to you?

UNKNOWN: I think there's a mistake there it didn't happen that way.

BONGANI FINCA: Why are you sentencing him, aren't you making a mistake?

UNKNOWN: No, I wouldn't, I couldn't.

BONGANI FINCA: Who had a higher rank you or Mfunani, who was superior?

UNKNOWN: It was myself.

BONGANI FINCA: Who was in charge of detainees?  Clarify.

UNKNOWN: Lets start here.  If somebody is arrested because he is a threat to the Security according to Section 26 of the Ciskei it is the panel therefore?

BONGANI FINCA: Sir we are not talking under general here please, lets not waste time.  We are not under general here we are talking about a specific person that is Mr Bikitsha.  Who was in charge of the detention of Bikitsha for purposes of interrogation.  The evidence which has been placed before us is that he was handed over to you.

UNKNOWN: The person that was in charge was the person heading the Security the person who was responsible at the time was Colonel Nonhonho.

BONGANI FINCA: Why did it take us so long to tell us it was Colonel Nonhonho?  Therefore it was not you it was Colonel Nonhonho and so if we want to know the truth about this whether Mr Bikitsha was violated we should as Colonel Nonhonho?

UNKNOWN: If Bikitsha's rights were violated you would get an immediate report from Colonel Nonhonho.

BONGANI FINCA: Who was more senior between the two of you?

UNKNOWN: It was Colonel Nonhonho.

BONGANI FINCA: Thank you very much.

UNKNOWN: Perhaps I can elaborate I've a copy of Bikitsha's detention he was detained by Sergeant Zinzile on instructions of Colonel Nonhonho.  This is the extract of the OB.

BONGANI FINCA: Mr Mfundisi, we are going to request that we go into greater detail with you later.  We do not make a finding yet as we need a lot of clarity on this matter we will send you a notice of Section 29 and request that you appear before us to give us more detail and clarity.  For now we give you a break until we meet under Section 29, thank you.

BONGANI FINCA: Are you appearing for Mr Mtatha as well?  Mr Mtatha please?  Mr Nompozolo could you please identify yourself again and tell us who your client is.

MR NOMPOZOLO: My name is Lindele Nompozolo and I'm from Nompozolo .................... Attorneys from East London.  I'm representing Inspector Mtatha.

BONGANI FINCA: Thank you very much, Mr Umshlobo Mtatha we would like you to take an oath.

UNKNOWN: (sworn states)

BONGANI FINCA: Mr Nompozolo we've got a written statement from Mr Mtatha and we would like you to lead him with questions.

MR NOMPOZOLO: Is it correct that you are employed by the South African Police services?

UNKNOWN: Yes, that is correct I'm an Inspector.

MR NOMPOZOLO: On the sixteenth of July 1987 were you employed by the Ciskeian Police.

UNKNOWN: Yes, that is correct.

MR NOMPOZOLO: As what?

UNKNOWN: I was a Sergeant in the Security Branch.

MR NOMPOZOLO: Can you cast your mind back to the events of the sixteen of July 1987 particularly about the raid which took place at house number 7409, NU 3?

UNKNOWN: Yes, I can do that Sir.

MR NOMPOZOLO: There somebody was killed and a number of policemen were also killed, is that correct?

UNKNOWN: Yes, that is correct

MR NOMPOZOLO: A suspect was arrested, do you know the name of the suspect?

UNKNOWN: Yes, I do know the name.

MR NOMPOZOLO: What was his name?

UNKNOWN: Mr Bikitsha.

MR NOMPOZOLO: Do you know who arrested him?

UNKNOWN: Major Mfunani arrested him.

MR NOMPOZOLO: After the arrest what happened to Bikitsha?

UNKNOWN: He was arrested by Major Mfunani and I escorted him to the police station where I handed him over to the other police but I was standing outside.

MR NOMPOZOLO: In you Affidavit you have attached an extract from the Occurrence Book, is that correct?

UNKNOWN: Yes, that is correct.

MR NOMPOZOLO: Can you read to the Commission what was written at 16:05.

UNKNOWN: Detention.  Sergeant Zinzile details blackmail Zwelakhe Bikitsha under Section 26.  Instruction from Colonel Nonhonho.

MR NOMPOZOLO: Thank you.  You heard the allegations from Mr Bikitsha that you were one of his assailants.