Amnesty Hearings — Durban — 1998-10-20

CHAIRPERSON: ... Jeke, Bheki Alfius Nzama, Andreas Sibokwake Sithole.  The Committee consists of myself, Andrew Wilson and Judges, Potgieter and Khampepe.

ADV PRIOR: Thank you, Mr Chairman, Evidence Leader for the Amnesty Committee, Advocate P C Prior and for the applicants, Mr Siven Samuel.
	If he could just maybe just identity his voice on record for purposes of the transcription.

MR SAMUEL: For the applicants, Siven Samuel.

CHAIRPERSON: Right, Mr Prior, what is the position?  Have the victims and interested parties been notified?

ADV PRIOR: Yes, Mr Chairman, I do have notices, Form 2 notices that were delivered by hand I understand from our Investigation Unit, on the Matelani family and the Ngobo family.  Unfortunately they have not yet arrived.  I don't know what the reason for that is but there was service.  The actual return of service is being faxed to us from the Pinetown office this morning.
	Mr Chairman, may I place on record that in respect of Mr Lubuza, one of the next of kin, the address that he gave:
601 Demat, Marion Hill
The owner of the property was contacted, in fact was visited and he doesn't know Mr Lubuzo.  There is no further address for Mr Lubuzo.  There were two implicated persons, one, Mr Themba Mthethwa and one, Mr Fezekile Mabida.  Unfortunately their addresses were given as:
Bottlebrush Shack Settlement
Unfortunately, Mr Chairman, no better address could be found and no-one knew them at that settlement.  The events occurred almost five years ago.  
	So I do have those notices with me.  Other than that we are ready to proceed.  As far as the applicants are concerned, Mr Samuel I understand is accepting the bundle that we put up, especially the judgment of His Lordship, Mr Justice Nicholson.  And depending on the attitude of the Committee, I would ask that the bundle be marked A.

CHAIRPERSON: Do you agree, Mr Samuel?

MR SAMUEL: I agree.

CHAIRPERSON: It appears to me that this is one of the unusual cases perhaps, where the judgment accords with the application and deals with most of the facts that come before us.  Right, carry on with your  applications.

MR SAMUEL: Thank you M'Lord.  Is the applicant to be sworn in M'Lord?

CHAIRPERSON: Which one is it?

MR SAMUEL: I call Jackson Alfius Jeke, M'Lord.

ADV POTGIETER: Are your full names, Alfius Jackson Jeke?

MR MANYAMALA: That is correct.

CHAIRPERSON: Do you have any objection to taking the oath?

ALFIUS JACKSON JEKE: (sworn states)

SAMUEL: Mr Jeke, did you send an affidavit to the TRC Amnesty Committee asking for amnesty, arising out of the ...[intervention]

ALFIUS JACKSON JEKE: Yes, that is correct.

MR SAMUEL: ...the criminal trial that you were an accused and convicted person of?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: Now do you confirm the contents of your affidavit that you submitted to the TRC?

ALFIUS JACKSON JEKE: Yes, I do confirm.

MR SAMUEL: Now briefly, Mr Jeke, were you affiliated to any political organisation during the time of the killing?

ALFIUS JACKSON JEKE: That's correct.

MR SAMUEL: Which organisation was this?

ALFIUS JACKSON JEKE: The ANC.

MR SAMUEL: What position did you hold with the ANC?

ALFIUS JACKSON JEKE: I was a Deputy Chairperson of the branch.

MR SAMUEL: Which branch was this?

ALFIUS JACKSON JEKE: Madiba branch.

MR SAMUEL: Which area did Madiba branch hold jurisdiction over?

ALFIUS JACKSON JEKE: In the informal settlements just close to Chatsworth.

MR SAMUEL: What was this informal settlement called?

ALFIUS JACKSON JEKE: It's Madiba.

MR SAMUEL: Is it also known as the Bottlebrush Settlement?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: Now there were problems in the bottlebrush settlement between the residents and some criminals, is that correct?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: Can you tell us briefly about the problems and what steps were taken by the community?

ALFIUS JACKSON JEKE: The problems that we encountered were some groups who called themselves the "Mafia".  They were terrorising the community, raping, robbing, armed robbery as well as housebreaking and any other related offences.
	As members of the community we formed a Peace Committee as well as a Development Committee in order to develop the area that we lived in and to unite the people.

CHAIRPERSON: Was this an ANC backed committee, were these ANC backed committees?

ALFIUS JACKSON JEKE: Yes, all that we did was supported by the ANC.

MR SAMUEL: For the record, Mr Jeke, can you tell us did any other political party operate in the Bottlebrush Shacks Settlement, or the informal settlement?

ALFIUS JACKSON JEKE: No, it was an ANC stronghold.

MR SAMUEL: Were there any other methods explored in dealing with the criminal element, like seeking the assistance of the police and what if - answer that question first.

ALFIUS JACKSON JEKE: Yes, that is what we did at first but we always had problems with the police who were not very co-operative.

MR SAMUEL: Did the police investigate any activities of "The Mafia" in the area?

ALFIUS JACKSON JEKE: The police dragged their feet with regard to the investigation of such matters.  They didn't even want to venture into the area in order to take statements or try to quell the violence that was going on within the area.

SISI KHAMPEPE: May I interpose, Mr Samuel?
	In the testimony that you've just given you pointed out that there were problems that you came across with the police as the members of the ANC, could you please tell us what these problems were that you encountered with regard to the police in asking assistance as members of the African National Congress?

ALFIUS JACKSON JEKE: As members of the African National Congress, when we go to the police and liaise with them and ask for help, being sent by the community or members of the community, firstly they never used to believe what we told them or they simply adopted a don't care attitude and as a result we went to ask for a certain person in authority, to tell him about the problems that we were encountering as far as the police were concerned.

SISI KHAMPEPE: Even that didn't help?

ALFIUS JACKSON JEKE: Yes, that is correct.

MR SAMUEL: The area in which Bottlebrush was formed, what race of people lived in that area generally or predominantly?

ALFIUS JACKSON JEKE: That was an Indian area or an Indian place but mainly there were people from different spheres of the community.

MR SAMUEL: And the police station, what race of policemen were at the Chatsworth Police Station?

ALFIUS JACKSON JEKE: They were Indian policemen.

MR SAMUEL: Were they - did you get the impression that they were willing to assist the informal settlement or did you get the impression that they were unwilling to assist?

ALFIUS JACKSON JEKE: The evidence points to the fact that they just did not care and they did not want to assist us in any way whatsoever.

MR SAMUEL: Tell us about the Development Committee that was formed, did they in any way come into confrontation with "The Mafia" group?

ALFIUS JACKSON JEKE: Yes, the committee is the one that encountered the most problems and as a result members of the community were killed.  That I know of there are three who died and the fourth one survived.

MR SAMUEL: Did anyone acknowledge responsibility for the killing?

ALFIUS JACKSON JEKE: Yes, that is correct, there is somebody who acknowledged or claimed responsibility for the killings and especially when he was drunk he would tell people around him about the atrocity.

MR SAMUEL: Who is that person?

ALFIUS JACKSON JEKE: His name is Mtogozisi Ntalane.

MR SAMUEL: Are you referring to the deceased on Count 2 in the criminal trial?

ALFIUS JACKSON JEKE: Yes, that is correct.

MR SAMUEL: Now on the morning of the 26th of December 1993, were you in the Bottlebrush Settlement area?

ALFIUS JACKSON JEKE: That is correct, I was there.

MR SAMUEL: Can you briefly tell us what transpired.