Amnesty Hearings — East London — 1999-04-29

CHAIRPERSON: Would you like to call the remaining Nokawusana?

MR KINCAID: I shall do so, Mr Chairperson.  Applicant number AM 200/96, Melville Nokawusana.

CHAIRPERSON: Can you give us your full names for the record please.

MELVILLE NOKAWUSANA: (sworn states)

CHAIRPERSON: Thank you, please sit down.  Mr Kincaid?

MR KINCAID: Thank you, Mr Chairperson.
	Do you mind if I call you Melville?

MELVILLE NOKAWUSANA: No, I do not mind.

MR KINCAID: Melville, let me start off with you on the point that I ended off with Mzuyanda.  You were convicted in the Supreme Court on the 26th of June 1992, of attempted murder, of housebreaking with intent to rob, of malicious damage to property, of another attempt of attempted murder, of housebreaking with the intent to commit a crime ...(indistinct) state of malicious damage to property, two counts of robbery.  Do you contest those convictions, or is it your case too that the judge was correct and proper in finding you guilty of the crimes with which you were charged?

MELVILLE NOKAWUSANA: I agree with the convictions because I did those things.

MR KINCAID: Melville, we have heard the testimony of Jimmy, your brother and he has sketched the background to the events which took place from 1985 to 1990, in Stutterheim.  Similarly I must ask of you, were you a member of a supporter of a political grouping?

MELVILLE NOKAWUSANA: I was a supporter.

MR KINCAID: Of which grouping, of which political movement?

MELVILLE NOKAWUSANA: ANC Youth League.

MR KINCAID: Okay.  And at the time, Melville, how old would you have been?  Going to back to 1985, how old were you in 1985, can you recall?  It's almost 15 years back.

MELVILLE NOKAWUSANA: I was 19 years old.

MR KINCAID: Still a young man.  Now did you attend the meeting in the Matomela Church Hall in Stutterheim, in December of 1989?

MELVILLE NOKAWUSANA: Yes.

MR KINCAID: Were you there, Melville, when the Security Forces disrupted the meeting, when they fired rubber bullets and teargassed the people who had gathered there and dispersed them in that fashion?

MELVILLE NOKAWUSANA: Yes, that is correct, I was there.

MR KINCAID: What did those actions instill in you, how did you respond to that?

MELVILLE NOKAWUSANA: I felt angry because I realised that we were not safe in our community.

MR KINCAID: Did you consequently - two meetings were held.  The testimony has been, that of Jimmy and Mzuyanda confirms it, two meetings were held on the soccer fields of Kabusi township, did you attend either or both of those meetings?

MELVILLE NOKAWUSANA: Yes, I was present.

MR KINCAID: At both of them?

MELVILLE NOKAWUSANA: Yes, I was present at both of them.

MR KINCAID: And can you confirm what Jimmy says, that the resolutions of those meetings were namely to target the farmers of Stutterheim and to intimidate them, chase them from their land, rob them of their firearms, to take their land.  Can you confirm that that was the resolution of that meeting?

MELVILLE NOKAWUSANA: Yes, that is correct.

MR KINCAID: And with that background, Melville, did you go to the home of Mr Hansel, Mr Hansel who farmed on the farm Greenlands in the district of Stutterheim?

MELVILLE NOKAWUSANA: Yes, that is true.

MR KINCAID: Hansel.  Also he had a nickname, it's been pronounced as Gout, but that may, Gout or Gout or, that is the instant that we are referring to.

MELVILLE NOKAWUSANA: No, I was not present there.

MR KINCAID: Mr Hansel was attacked on his farm on the 31st of January and he is the victim who Mzuyanda has described as having been assaulted and tied to his bed, he was the victim who pointed out the shotgun in his wardrobe and who showed Mzuyanda how to fire it and discharge it.  That is the incident we are referring to now.

MELVILLE NOKAWUSANA: I only remember Cobus, I did not manage to get to Mr Hansel ...(indistinct).  I was not there, I was only involved in Mr Cobus' incident.

MS PATEL: Honourable Chairperson,  I'm sorry, if I may intervene at this stage.  If one looks at what this applicant was convicted of, it doesn't relate to the Hansel incident.

CHAIRPERSON: Ja, his conviction starts with the Cobus incident, he has not been convicted on Counts 1 and 2.

MR KINCAID: I'm indebted to the Evidence Leader and to you, Mr Chairperson.

ADV SANDI: Sorry, Mr Kincaid, perhaps before he tells us about his role, what role he played in each particular attack, he can just point out which attacks he was involved in.  He has pointed out that he was involved in the Cobus attack.

MR KINCAID: Melville, you've heard the Committee Member's request, could you tell the Committee just which attacks you were involved in, if you recall.

MELVILLE NOKAWUSANA: Yes, I can do that.

MR KINCAID: Which ones were they?

MELVILLE NOKAWUSANA: Mr Cobus, Mr Pretorius, Mrs Clackers.

MR KINCAID: Thank you, Melville.  The incident at Mr Cobus' farm, can you tell the Committee why it was decided to attack Mr Cobus?

MELVILLE NOKAWUSANA: The reason came out of the meeting that was - I beg your pardon, when there was a meeting at the hall, as were welcoming Mr Hlangue and Reverend Shingwa ...

MR KINCAID: Yes?  Please continue.  Are you referring to this church hall shooting?

MELVILLE NOKAWUSANA: Yes, I'm referring to the Matomela Church Hall.

MR KINCAID: Okay.  Evidence has been led that because of that church hall shooting there were two meetings at which a decision was taken to attack the farmers.  Now I ask you, is that the reason why you went to Mr Cobus' farm, or did you have other reasons for going to Mr Cobus' farm?

MELVILLE NOKAWUSANA: The reason for us to go there was because of what happened at the hall.

MR KINCAID: Alright.  Could you tell the Committee what was your role, what did you do at Mr Cobus' house?

MELVILLE NOKAWUSANA: Yes, I can.

MR KINCAID: Please go ahead.