Amnesty Hearings — Johannesburg — 1998-10-05

CHAIRPERSON: Today we'll be hearing the applications of Michael Mofokeng and Nkosinathi Nkabinde.  Before we start I'd just like to introduce the panel to you.  On my right is Advocate Johnny Motata, he is an advocate member of the Johannesburg bar, on my left is Advocate Francis Bosman, she is from Cape Town and I am Selwyn Miller, I'm a judge of the High Court in the Eastern Cape, attached to the Transkei Division of that court.  I'd like please for the legal representatives just to place themselves on record?

MR MBANDAZAYO: Thank you Mr Chairperson and Honourable Members of the Committee.  My name is Lungelo Mbandazayo, I'm representing the applicants in this matter, thank you.

CHAIRPERSON: Thank you Mr Mbandazayo.

MR VAN DEN BERG: Mr Chairperson, I'm Eric van den Berg of the firm Bell, Dewar and Hall.  I represent the family of the deceased, Diederick Jacobs.  I also represent the family of the Stantons.

CHAIRPERSON: Thank you Mr van den Berg.

MOKOTEDI MPSHE: Mr Chairman, Members of the Committee, J.M. Mpshe for the Truth Commission, Amnesty in particular, thank you.

CHAIRPERSON: Thanks Mr Mpshe.  Mr Mbandazayo?

MR MBANDAZAYO: Thank you Mr Chairperson, the first applicant Mr Chairperson is Nokosinathi Nkabinde.  May he be sworn in Mr Chairperson?

CHAIRPERSON: Mr Nkabinde, do you wish to take the oath or do you wish to make an affirmation of the truth?

NKOSINATHI NKABINDE: (sworn states)

MR MBANDAZAYO: Thank you Mr Chairperson.  Mr Chairperson you have the affidavit in front of you and I think you have it marked Mr Chairperson as Exhibit A before he confirms it?

CHAIRPERSON: Yes the affidavit that was made available to us this morning by Nkosinathi Nkabinde will be received then as Exhibit A.

MR MBANDAZAYO: Thank you Mr Chairperson.
	Mr Nkabinde, the affidavit which is in front of you is also before the Honourable Committee.  Do you confirm that this affidavit was made by yourself and you abide by it's contents?

NKOSINATHI NKABINDE: Yes that is correct.

MR MBANDAZAYO: Thank you.

CHAIRPERSON: Mr van den Berg, sorry, do you have a copy of the affidavit?

MR VAN DEN BERG: I do Mr Chairperson.

CHAIRPERSON: Mr Mpshe do you also have one?

MOKOTEDI MPSHE: I do Mr Chairman.

CHAIRPERSON: Thank you.

MR MBANDAZAYO: Mr Chairperson, I'll start reading it as usual for the record.  The affidavit reads as
"I, the undersigned, Nkosinathi Nkabinde, do hereby make an oath and say that I'm the applicant in the undermentioned operations.  The facts to which I depose are true and correct and within my personal knowledge unless the contents states otherwise.  I was born on the 11th February 1960 in Jabulani, Soweto.  I started schooling in 1967 at Siavuma Primary School and I left school during standard 4 due to financial problems.  My father had two wives who were three and my mother and I am the second born.  He had four children with the second wife.  He was the only breadwinner at home.  He was working as a driver and stopped working in 1980.  Both my parents are now getting old age pension.  My mother is suffering from stroke.  Myself, I had one child who is staying with his mother.  I joined the PAC underground structure in 1976 and I was recruited by B. Masilela to the PAC and I joined it at Jabulani, Soweto.  In 1976 I left the country to Tanzania where I did my military training and I came back in 1978 and I was arrested during the riots and released in 1981.  In 1983 I was also arrested for armed repossession and I was sentenced to 14 years imprisonment and released in 1993.  I was arrested on the 19th January 1994 for APLA operations and I was sentenced to life imprisonment on the 24th April 1995."
Operation A - Parkview, Mr Chairperson, not Parktown View.
"Parkview - we were a unit of five operatives for this operation.  It was myself, not armed, Monde the commander, armed with .357, Kopane armed with .38 special, Michael Mofokeng, not armed and Thabang Tjitja, also not armed.  Our commander told us that the target is Parkview and he will show us the place on the way.  He told us that our main purpose is to repossess arms and whatever we can use to advance and protect our gains in the struggle.  He told us that whites are mobilising themselves and we have to be battle ready.  It was on Sunday evening, 16th January 1994 and we took a taxi from Naledi to Parkview.  As we were on the taxi moving around, Monde pointed out the target, the house which was the target was surrounded by high fence and we had to jump the fence to get inside.  Three whites came out of the house and went to their cars and when they saw us, one of them ran back to the house.  Monde tried to stop him and I presumed he shot him because I heard a gunshot inside the house.  The other white who was outside entered the car and I ordered him to come out of the car, I pulled him out of the car and I took the car keys.  Myself, Bopani, Mofokeng and these two whites entered the house.  After entering the house I took ties from the wardrobe and used them to fasten their hands and legs.  Mode, the commander, kept guard on them whilst we were searching the house.  I managed to get two firearms, that is one 9 mm pistol and another small pistol in one of the bedrooms.  While still searching the house a bell rang and the commander went to the door to open.  He came back telling us to withdraw because the person who rang the bell ran away.  We withdrew and on our arrival at Naledi, we surrendered everything to the commander.  Myself surrendered two firearms, Mike - jewellery, Kopane - American Dollars and other comrades did not have anything to surrender.  I subsequently learnt during the trial that the person who was shot and killed by the commander was Mr Jacobs.
	Operation B, Parktown ..."
Parktownview, Mr Chairperson.

CHAIRPERSON: Mr Mbandazayo, in the applicants application at page 11 of the record he says that he committed two operations, one at Parkview and the other at Newlands.  Page 11 down at the bottom, paragraph 9, A3.

MR MBANDAZAYO: Thank you Mr Chairperson.  The second one is a mistake to say Newlands, it's Parkview the second one, Mr Chairperson.

CHAIRPERSON: So were they both in Parkview then?

MR MBANDAZAYO: Parktown the first one and the other is Parkview.  The first one is Parktown, the second one is Parkview, Mr Chairperson.

CHAIRPERSON: Yes.