Amnesty Hearings — White River — 2000-05-02

MS MTANGA: No Chairperson, you don't have any statement.  he was not at the scene of this incident, he was only a next of kin of the Msivis and he's the person that I said was working for Diepgesit Mine and he was retrenched in 1996 or 1997 and we don't have his forwarding address or whereabouts.

CHAIRPERSON: So he's just the next of kin of the victims?

MS MTANGA: Of the Msivis, yes and it is likely that Mr William Motsa will know where he is, if we could get hold of him.

CHAIRPERSON: Yes.  The survivor of that incident ...

MS MTANGA: It's William Motsa, that is the one who is still employed at the mine.

CHAIRPERSON: Is there a statement from him in the papers.

MS MTANGA: Yes, Chairperson, there is.

CHAIRPERSON: Which page is it?

MS MTANGA: There is a medical statement as well by the doctor who treated him.

CHAIRPERSON: And from him himself?

MS MTANGA: And also from him.

CHAIRPERSON: What page is it?

MS MTANGA: He's indicated here as Bango James Motsa.

CHAIRPERSON: Sorry?

MS MTANGA: Bango James Motsa, page 100.

CHAIRPERSON: 100?

MS MTANGA: Yes, Chairperson.

CHAIRPERSON: Oh is that it, Bango James Motsa?

MS MTANGA: Yes.

CHAIRPERSON: Thank  you Ms Mtanga.  With reference to what Mr Motsa seems to have said, if, assume that this was a civilian vehicle that detonated the mine, assume that it was a driver who was going to drop off some people on that road where the mine was, would there be any immediate destination for people who are dropped off there that you can think of, assuming it's civilians, not military people?

UNKNOWN: No, I didn't think of civilians because that place is isolated, only for military and I didn't think that in any case a civilian bakkie can get in in that road.

CHAIRPERSON: So you - assume you were to drop people on that road, civilians on that road, would there be any immediate destination that those people would be going to that you can think of?  Is that house of Motsa, is that the  closest destination from that road?

UNKNOWN: No, I couldn't think of people, that they can drop people in that area as civilian people that they can get in in that road.  Also the soldiers, they were so rude for people who can go around and turn in the road next to the borders.

CHAIRPERSON: You mean that was like a militarised zone, that whole area there?

UNKNOWN: The whole area, even today it is designated as a game reserve because they can't use it for other purposes.

CHAIRPERSON: Yes.  Thank you very much.  You're excused Sergeant-Major Mkhonto.
WITNESS EXCUSED

CHAIRPERSON: Yes, Mr Berger.

MR BERGER: Thank you Chairperson, that is the case for the applicants.

CHAIRPERSON: Thank you.  Ms Mtanga.

MS MTANGA: I have no evidence to give, Chairperson.

CHAIRPERSON: Mr Berger have you got any submissions on the merits of the applications?

MR BERGER: Very briefly, Chairperson.

MR BERGER: Chairperson, you've heard mainly General Nyanda's evidence about the reason for the campaign and the fact that the border areas had been really incorporated into the military establishment.  Something I didn't know until I was preparing for this case, and it appears from page 135 of the bundle, is that and this is one of the annexures to General Nyanda's Further Particulars which he confirmed, is that in 1979 the Government then passed an Act called the Promotion of Density of Population in Designated Areas Act and
it's dealt with at page 135, which is very interesting because it's described as an Act which was passed in an attempt to stem - I'm reading from the second column

CHAIRPERSON: ...(indistinct - mike not on)