Amnesty Hearings — Cape Town — 2000-10-06

CHAIRPERSON: Good morning everybody.  Today we'll be hearing the matter, the amnesty application of Mr Thembinkosi Henge.  Before we start, I'd like to introduce the Panel.  On my left is Mr Jonas Sibanyoni, he's a member of the Amnesty Committee, he's an attorney and practices in Pretoria.  On my right is Mr Ilan Lax, also a member of the Amnesty Committee, also an attorney from Pietermaritzburg.  I'm Selwyn Miller, I'm a Judge, attached to the Transkei division of the High Court.
	These proceedings will be simultaneously translated, the English and Afrikaans at least.  If you wish to benefit you must be in possession of one of these devices.  
	I would at this stage request the legal representatives to kindly place themselves on record.

MR MBANDAZAYO: Thank you, Chairperson and Honourable Members of the Committee.  My names is Lungelo Mbandazayo, I'm from the Eastern Cape, East London, and I'm representing the applicant in this matter.  Thank you.

CHAIRPERSON: Thank you, Mr Mbandazayo.

MR RILEY: I'm John Riley, I'm an attorney at Wynberg, I represent the victims, Alfred Johnson, Elizabeth Toya, Liesel Braaf, Bertie Simon, Edward Daniel Williamson and Renata Shenk.

CHAIRPERSON: Thank you, Mr Riley.

MS COLERIDGE: Thank you, Chairperson.  Lynn Coleridge, acting on behalf of the Truth and Reconciliation Commission.  Chairperson, I'd like to inform the Committee that the Commission has advertised in newspapers, Chairperson, requesting all victims involved in the incident to make contact with the Commission, Chairperson.  Fortunately we had people contacting the Commission and lots of the victims, Chairperson, did not come forward.  We also made press statements on radio broadcast and the same in that instance as well, Chairperson, we've just had not very much success in tracing all the victims, Chairperson.
	The persons we did contact were Charl Pienaar, Chairperson, he was one of the drivers of the bus, Alfred Johnson, Liesel Braaf, Renata Shenk, M L Simon ... (intervention)

MR LAX: Can you just hold on one second.  ... get to that list and then I'll just tick them off as you go ...(inaudible)

MS COLERIDGE: On page 54, that is the investigative report, 54 of the bundle, Chairperson.

CHAIRPERSON: Sorry, if you can just start with those names again, people that have been contacted.

MS COLERIDGE: Charl Pienaar, Alfred Johnson who is the family relative of Diena Tonkie.  Diena Tonkie is deceased, Chairperson.  You will note there's Coleridge, Liesel Coleridge, but she's married, she's Braaf now Chairperson.  Liesel Coleridge, Renata Shenk, M L Simon, Elizabeth Toya, Edwin Williamson.  And then, Chairperson, in terms of implicated persons, Mr Nkanyezi, Chairperson, he was the other person that was charged with Mr Henge as well, who is now deceased, Chairperson, and Mr Dawn Faku.  That's the other person.  We could not trace those persons, Chairperson.  And then the person, the Commander who gave the orders, you will note that he's also deceased, he's Mr Nonxuba.  Thank you, Chairperson.

CHAIRPERSON: And then Ms Coleridge, do you wish to say something about the interpretation?

MS COLERIDGE: Yes thank you, Chairperson.  The Commission would just like to extent to Mr Henge, we had some problems in terms of the translations, Chairperson, and our interpreters and Mr Henge have agreed that he would speak in English, Chairperson.  We know that his first language is Xhosa, and we'd like to thank him.

INTERPRETER: The speaker's microphone.

MS COLERIDGE: ...(inaudible) of understanding or interpreting a word or jargon and so forth, that he's consult with his legal representative to explain it to him.

CHAIRPERSON: Thank you, Ms Coleridge.  Mr Mbandazayo, is that correct with regard to the translation?  I know it's not the most satisfactory situation, but I'm sure you can also assist your client if there's any difficulties.  And Mr Henge, we apologise for the lack of a Xhosa translator today, we could, if necessary wait if there are any difficulties, but we appreciate your proceeding on the basis as stated by Ms Coleridge.

MR MBANDAZAYO: Thank you, Chair.

CHAIRPERSON: Are you going to be calling Mr Henge now?

MR MBANDAZAYO: Yes, I'll be calling Mr Henge, but I want also to put that the only witness I have is only the applicant.  The person I was going to call from the APLA High Command, unfortunately he was found dead on Tuesday, Col Leo Nana, in Pretoria.  Unfortunately, all members of the APLA High Command, all of them now are in Pretoria, investigating and arranging a funeral for him.  We couldn't get somebody higher up to come now and back up the claims, because of that unfortunate incident.  All of them are in the lower ranks, who are available, they were not in the higher structure.
	Also, Chairperson, we want for the purposes of this hearing, we'll be using the affidavit, the typed one, the hand-written one starts at page 13, the typed one starts at page 8, Chairperson.  And also, Chairperson, there will be - I would like to, as we go on, especially at paragraph 10, Chairperson, the way it is put there, Chairperson, is the only correction we would like to do with regard to paragraph 10, Chairperson, in the affidavit, the question to select a target, Chairperson.

CHAIRPERSON: Perhaps we can deal with that once Mr Henge's been sworn in and he can amend his own affidavit under oath.  I think that would probably be the best way to do it, Mr Mbandazayo.

MR MBANDAZAYO: Thank you, Chairperson.  He may be sworn in, Chairperson.

THEMBINKOSI HENGE: (sworn states)

CHAIRPERSON: Mr Mbandazayo.

MR MBANDAZAYO: Thank you, Chairperson.  Chairperson, I will read the affidavit for the purposes of the record and thereafter, Chairperson, I
would like to deal with the specifics of the incident.  Thank you, Chairperson.
	The affidavit reads thus:
"Thembinkosi Henge states under oath:  I reside at number 603, Jacobs Avenue, kwaMandlenkosi, Beaufort West.  I joined the Pan Africanist Congress during 1992.  Ms Nana Bokwe, also a member of PAC, recruited me to join APLA, the military wing of the PAC.  Early in 1993, I joined the ranks of APLA.  I'm the card-carrying member of the PAC.
		My Commander was the late Sichumiso Nonxuba and his codename was Lester.  I was trained in Qumbu, Mvumelwano location in the former Transkei, between April or May, to June 1993.
		My training took two months.  It was a basic military training which was said to be a crash course.  After completion of the training, I returned to Beaufort West.  
		While I was at home I was phoned by Lester, late Sichumiso Nonxuba who was in Umtata, to select a target that is specifically Translux Bus, to attack it.  There were two Translux buses that were passing through Beaufort West en route to and from Cape Town.  One of them was travelling at about 12 midnight and another at 5 in the morning and I was to choose which of the buses would be a best target in my operation.
		After I had chosen my target, I reported back to Lester, who also gave me further orders to go and pick up firearms at Ngangelizwe in Umtata.  The firearms were with Polite Nonxuba ..."
Chairperson, a correction, Polite is Xuma, not Nonxuba, it's Xuma.

MR LAX: That's X-u-m-a, just for the record.

MR MBANDAZAYO: Yes, Chairperson, thank you.
"I went to Umtata and was given two R4 rifles and five loaded magazines.  I took them back to Beaufort West.
		It must be mentioned that I did not question the order from the late Sichumiso Nonxuba, as to why I was to attack the Translux bus, because as a loyal soldier, I had to obey orders given to me.  I knew that the Translux bus, particularly the midnight one, was patronised by whites.  I discovered that after I made two weeks reconnaissance."
...(intervention)

INTERPRETER: Could the speaker please slow down so that the Interpreter could follow at a reasonable pace.