Amnesty Hearings — East London — 1999-04-26

CHAIRPERSON: Mr Mbandazayo?

MR MBANDAZAYO: Chairperson, my next applicant is Lavuyo Kenneth Kuluman.  May he be sworn in Chairperson?

LAVUYO KENNETH KULUMAN: (sworn states)

MR MBANDAZAYO: Thank you Chairperson, before I read the affidavit.  Mr Kuluman, do you confirm that the name used in the affidavit of Mr Kgotlhe, Max, is your name?  Was it your operational name?

LAVUYO KENNETH KULUMAN: Yes that is correct.

MR MBANDAZAYO: Chairperson, the affidavit reads thus
"I, the undersigned, Lavuyo Kenneth Kuluman, do hereby make an oath and say that I'm the applicant in the above matter having submitted my application in July 1996 whilst I was being held in St Albans Prison in Port Elizabeth.   The facts to which I depose are true and correct and within my personal knowledge unless the context states otherwise.  I was born in Port Elizabeth and grew up in the Eastern Cape.  I am 26 years old and I'm married.  I passed Standard 10 at Cohen High School in Port Elizabeth.  I joined PAC in 1989 through Azania and I underwent military training in Zimbabwe in 1990.  The first operation I was involved in was in 1992, I was involved in three to four other operations and mostly farm attacks.  I was involved in the Ficksburg townhouses attack and the affidavit of Oupa Lerato Kgotlhe has been read to me.  I understand the contents and I confirm it insofar as it relates to me and respectfully request that the same be incorporated in this affidavit.  I want to make it clear that we did not attack Whites because they were White, we attacked them because they were oppressors.  Sobukwe, the founding president of the PAC put it this way: 'In every struggle whether national or class, the masses do not fight in abstraction.  They do not hate oppression or capitalism, they concretise these and hate oppressor be he the governor general or a colonial power, the landlord or the factory owner or in South Africa, the Whites, but they hate these groups because they associate them with their oppression.  Remove the association and you remove the hatred.  In South Africa then, once White domination has been overthrown and the Whites are no longer White boss is an individual member of the society, there will be no reason to hate him and he will not be hated even by the masses.  We are not anti-White therefore, we do not hate the European because he is White, we hate him because he is an oppressor and it is a plain dishonesty to say 'I hate sjambok not the one who wields it'.
	Our general instruction was to seek and identify and attack the enemy who was seen in the context of the above quotation.  In consequence and in pursuit of the above stated, I participated in the attack on Ficksburg townhouses and I was part of the unit that was commanded by Oupa Lerato Kgotlhe.  I respectfully submit that my application complies with the requirements of the Act and that I've made full and proper disclosure of my involvement in Ficksburg townhouses attack and I accordingly humbly request that my application for amnesty be granted."
	Mr Kuluman, can you tell the Committee when did you become aware of the operation that you were involved in?

LAVUYO KENNETH KULUMAN: I was told on the same day of the attack, I was told on that same day.

MR MBANDAZAYO: Can you also tell the Committee, just before I follow that, how long have you been in that area before you went to this operation?

LAVUYO KENNETH KULUMAN: Can you please repeat the question, Sir?

MR MBANDAZAYO: How long have you been in that area before you were involved in this operation?

LAVUYO KENNETH KULUMAN: It was my first time to be there on that particular day, the day of the attack.

MR MBANDAZAYO: Where were you coming from?

LAVUYO KENNETH KULUMAN: Our base was in Lesotho, I was stationed in Lesotho.

MR MBANDAZAYO: Now who told you about the attack then?

LAVUYO KENNETH KULUMAN: It was Oupa Kgotlhe.

MR MBANDAZAYO: What did he tell you?

LAVUYO KENNETH KULUMAN: He told me to prepare myself because there was going to be an attack in Ficksburg.  As I was staying alone I prepared myself and I went together with him.  We then met Roger near the river.

MR MBANDAZAYO: Yes and then what happened?

LAVUYO KENNETH KULUMAN: After we met Roger we crossed the river, we then went to the Ficksburg area.  When we got to that area on our way to the old age home we met a police van that disorganised us.  Myself and Oupa went to a house that was in a corner.  We took cover and then the van passed and then Oupa shot.  We then threw the Molotovs in that particular house.

MR MBANDAZAYO: What role did you play yourself, what weapons were you carrying on the day in question?

LAVUYO KENNETH KULUMAN: I had the bag, the bag with spikes and after that shot, after Kgotlhe shot the van.

MR MBANDAZAYO: What was the purpose of the spikes, what were they going to be used for?

LAVUYO KENNETH KULUMAN: They were going to be used to defend us.  The van would not be able to go through, they would forced to remove the spikes and then chase us if they wanted to, that would delay time, that was the role of the spikes, to disturb them.

MR MBANDAZAYO: Besides the spikes did you play any part in throwing Molotovs or grenades in the house or firing?

LAVUYO KENNETH KULUMAN: Yes there were Molotovs that we threw in that house that we were in with comrade Oupa, in the house that we went in when we saw the police van.

MR MBANDAZAYO: That is all Chairperson at this stage.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: Thank you Mr Mbandazayo.  Ms Patel have you got any questions?

MS PATEL: No thank you, Honourable Chairperson.
NO CROSS-EXAMINATION BY MS PATEL

CHAIRPERSON: I assume you won't have any re-examinations?

MR MBANDAZAYO: None Chairperson.
NO RE-EXAMINATION BY MR MBANDAZAYO

CHAIRPERSON: Is that the evidence of the applicant?

MR MBANDAZAYO: That's the evidence of the applicant Chairperson.

CHAIRPERSON: Thank you.  Mr Kuluman, you are excused.

LAVUYO KENNETH KULUMAN: Thank you.
WITNESS EXCUSED

CHAIRPERSON: Have you any further witnesses that you wish to call Mr Mbandazayo?

MR MBANDAZAYO: Chairperson at this stage I won't like to waste time, I've no other witness.  The witness I had in mind was going to be the deputy of Letshlape, unfortunately he is involved with the president of the PAC, he went to the airport to collect him.  They are rushing to Umtata so I was going to call Bulalani Kluma, the deputy of Letshlape, Chairperson.  But in the light of that, Chairperson, that's the evidence of the applicant.

CHAIRPERSON: Thank you Mr Mbandazayo.  Ms Patel are you intending to lead any witnesses?

MS PATEL: Thank you Honourable Chairperson, I do not intend to lead any witnesses.  However, Mrs Pienaar who is present has something to say. I think she's also willing to take the oath before she does, thank you.

CHAIRPERSON: Thank you Ms Patel.
	Mrs Pienaar are you going to testify or are you going to just make a statement?

CORNELIA GETRUDE PIENAAR: I want to testify about what happened.

CORNELIA GETRUDE PIENAAR: (sworn states)

CHAIRPERSON: Are you going to render us your evidence?