Amnesty Hearings — Bloemfontein — 1997-05-16

MR MAOLOSI: I will start by explaining the events of that day.  It was on the 1st of May and I was at the Tavern enjoying myself with my friends, and my younger brother called Allo.  When we were just about to leave, at the door two men met me, Cholota and Thaobala.  Cholota asked as to whether was I allowing him to search me. I said no.  He said I should raise my hands up so that he can search me.  I refused, and after refusing they attacked me.  And I tried to defend myself.  We were battling until we fell on the ground and we managed to get out of the Tavern until the main door.
	I realised that these were not the only two people. 	Four or five people were outside, standing outside.  They were attacking me, insulting me.  Now I didn't do anything to these people really.  I could determine from their insults that they - in other words they were accusing me of being a policeman.  They were fighting me for that reason only.  They dragged me from the yard.  They were kicking me, throwing me with stones, until in the street.  	There were two girls in the street who were working in this Tavern.  They were also witnesses in this case, Phulu and Songodgwale.   They were so brave enough to get into this group and they stopped them.  I was lying on the floor and one - on the ground, and one of these girls helped me and I escaped.  As I was trying to run away someone was following me, someone from the attackers.  And I realised that it was Thoabala, but I ran.  
	As I was running, opening a gap between himself and myself I was heading for the police station. I left my home. I think I - the police station is four streets from the Tavern.  I would say that place was a police station because the people who were working there were the police, they were wearing the police uniform and they were using the SAP vehicles, the yellow ones. According to me they were policemen.  But I was told later on that those people were not the real policemen, they were the municipal policemen, but because they were using the SAP uniform and the SAP vehicles, I went to them with the full trust that they are the police, and they will help me with my case. 
	One other thing that made me go to the police station, I realised that this was a plot by the comrades and I realised that they could harass other people.   Now my intention was to go and report this to the police station so that the police can go back to those people and arrest them. I arrived at the police station and I found about five policemen, if not four, and the police women were among them.  Among those people I remember Const Matolo.  I explained to them what happened.  I told them that the comrades were fighting the people in the Tavern.  They could see themselves that I was also attacked because I was full of blood.  
	They didn't take my report into consideration because according to them they never expected a person of my position to go and seek help from them.  Now that was a good chance for them to look down on me.  They insulted me and they were mocking me.  I got very angry and I decided to leave the police station.
	I went home. When I arrived at home I realised that these people were really intending to kill me.  One thing that worried me was my younger brother, Allo was not at home when I arrived there.  We last saw each other when we were attacked and I was very worried.  I didn't know what happened to him.  Because I was at the police station and the policemen were mocking me, I decided to go and look for him myself.
	I will tell you now this.  I have a gun but I don't carry a firearm with me, even when I go to the Tavern.  As I was looking around for my younger brother, I knew that there was this Mokonzeni Thaobala among these people, and I knew him to be a very violent person in the township of Tamahole.  He was at the forefront of the people who were terrorising the community.  I decided to take my gun with me and I said I am going back, I am going to look for my younger brother.  My gun was already positioned so that when I meet them on my way I was looking all around for them. I was intending to assault one of them as they have assaulted me.  My aim was to target William Mkonzi Thaobala.  He was known as Mkonsi.  
	I went to the tavern and on my arrival people were standing outside.  When I went through the gate one of the people standing, I could see that there was a group of people surrounding something. I could realise that they were surrounding a person and when I went through the gate, one person said Mkonsi, but I didn't have anything in my mind but harassing one of them.  But especially Mkonsi, because he was respected and I knew that he was a very dangerous man, he was a trained MK member, because I grew up together with him in this township.
	Now my intention was to hurt him.  One person shouted his name.  I was angry.  I went to those people because to my mind I thought the person lying on the floor was Mkonsi.  And then after shooting I gave myself up to the police station.  All the time I was satisfied, knowing that I shot Mkonsi.  I was at the police station and I was put into a cell and I spent a night there. I was satisfied that I have shot Mkonsi.	
	I knew in my heart that shooting and killing Mkonsi I would not be defeated in court, because he was a wanted man.  The policemen were looking all over for him.  You would go to any police station and you would see his photo in the police station. I knew that my chances to win this case were very much positive.  
	The next day the policeman came to me and asked me what happened exactly and I explained to them in full.  They told me that I should know that the person I shot is not Thaobala, and I couldn't believe that.  But the next day I believed them when I saw them coming in with Thaobala.  But they didn't tell me though who the person was I shot.  And they brought Thaobala in and they said this is the person you claimed to have shot, and I started asking them who is the person I shot.  I was deeply disturbed to realise that I shot a person who, with whom I was attacked.  This was a person I was not fighting against.  That day I realised that I have made a mistake.  We were not in loggerheads with that person and we were not fighting. 
	On Monday I was given bail and I knew deep down that I made a mistake by shooting a person I did not intend to shoot.  I went to my parents and I took about R600,00 from them, and they went to the deceased's family to tell them that I am really sorry for what happened.  The family of the deceased understood, because on the day of this incident the deceased was together with his sister.  And his sister explained it thoroughly to the parents that I was not fighting the deceased and the parents understood it, and I was very satisfied.
	The case started and I was charged.  I was fighting the comrades, but what surprised me was I was charged together with them.   I was not intending to win this case because I told myself earlier on that I was wrong by shooting this person.  They had their own attorney and I also had my attorney.  I didn't want to win this case.  I was prepared to take the sentence, and that is what I told the Court.  
	What I told the Court then is what I told you now.  I was found guilty and I was sentenced to eight years imprisonment.

UNKNOWN: Mr Moalosi, were you at any stage considered as an enemy by the comrades in Tamahole?

MR MAOLOSI: I will say I was an enemy to them because it was not the first time that they attacked me.  It was in 1980, when it was a stayaway, the comrades stabbed me with a knife on the back.  They accused me of going to work on a stayaway day.  Now i knew that I was an enemy and I knew that any time they would attack me, and it happened very much so.

UNKNOWN: In conclusion, Mr Moalosi, do you now consider your co-accused as enemies?