Amnesty Hearings — Cape Town — 1999-10-26

XOLA TEMBINKOSI YEKWANI: I told the comrades after reading the newspaper, I told them not to reveal the news to anyone, they must leave it as is.

MR RILEY: Why did you do that?

XOLA TEMBINKOSI YEKWANI: I knew that they were innocent, I was a perpetrator in this case but they were there as our witnesses.

MR RILEY: What did you do then, what happened after that?

XOLA TEMBINKOSI YEKWANI: On that particular day in the afternoon I decided to go and tell Mr Langa about this incident because I didn't know that I had killed a fellow comrade, I thought I was directing at policemen.

MR RILEY: Yes but when you now found out that it was in fact Mr Jack did you then decide to go and tell Mr Langa what had happened?

XOLA TEMBINKOSI YEKWANI: Yes I couldn't relax after hearing that because it was not my intention to kill my fellow comrades.

MR RILEY: Where did you see Mr Langa?

XOLA TEMBINKOSI YEKWANI: He was in his firm where he used to work.

MR RILEY: And why did you go and tell him?

XOLA TEMBINKOSI YEKWANI: I wanted to reveal this but I was confused, I didn't know where to start but I wanted to get it out of my heart and Pro Jack was also a comrade in the same organisation that I supported.

MR RILEY: What was Mr Langa's position within the party at the time?

XOLA TEMBINKOSI YEKWANI: Mr Langa was a committee leader, I am not sure as to what his portfolio was but he was also a respected person in the community.

MR RILEY: After you told Mr Langa what had happened, what did he say to you?

XOLA TEMBINKOSI YEKWANI: Mr Langa told me not to tell anyone about this, he's going to try some means as to tell the people.

MR RILEY: What then happened?

XOLA TEMBINKOSI YEKWANI: Mr Langa told me that "you are going to see an attorney".

MR RILEY: How long was this after the death of Mr Jack?  Approximately, that he came and told you that you were going to see an attorney?

XOLA TEMBINKOSI YEKWANI: It was not followed but it happened in 1991 but I cannot remember the date and the month.

MR RILEY: Apart from Mr Langa and apart from the attorney that you later spoke about this incident to did you tell any other person about this particular shooting of Mr Pro Jack?

XOLA TEMBINKOSI YEKWANI: I told no one about this incident except Mr Langa and the attorneys because even the ANC people did enquire about it from me but I denied my involvement.

MR RILEY: Why did you deny your involvement?

XOLA TEMBINKOSI YEKWANI: As Mr Langa had told me that to reveal this to other people he was going to find some means to try and tell the people about it.  I wanted to get a go ahead from Mr Langa because ...(intervention)

MR RILEY: Yes?  Because?

XOLA TEMBINKOSI YEKWANI: I was afraid to tell an individual.

MR RILEY: Now when you went to the attorneys, who accompanied you?

XOLA TEMBINKOSI YEKWANI: It was Dan Nkwatcho.

MR RILEY: Now who was Dan Nkwatcho at that point in time?

XOLA TEMBINKOSI YEKWANI: He was just an MK member from the exile.

MR RILEY: And which lawyer did you go and see, which lawyer's firm first of all?

XOLA TEMBINKOSI YEKWANI: Joshua and Mr Wilkinson who were at Athlone.

MR RILEY: The firm then Wilkinson, Joshua, Ghiwala is the firm that you went to go and see, is that right?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR RILEY: When you went there do you recall which of the attorneys you spoke to?

XOLA TEMBINKOSI YEKWANI: Yes I remember, I spoke to Mr Joshua.

MR RILEY: And did you in fact relate to Mr Joshua what had happened?

XOLA TEMBINKOSI YEKWANI: Yes I told him.

MR RILEY: Just tell us, when you in fact related this story to Mr Joshua, by that time had you already told Dan Nkwatcho what had happened and what your involvement was in the death of Mr Pro Jack?

XOLA TEMBINKOSI YEKWANI: No, I did not tell him.

MR RILEY: And at the time that you in fact spoke to Mr Joshua, who was present in the office when you in fact related the story?

XOLA TEMBINKOSI YEKWANI: Dan Nkwatcho was present and even when I was taking an oath he was also present.

MR RILEY: So you're saying to us that Mr Nkwatcho then heard according to you what had happened on the night that Mr Pro Jack was killed?

XOLA TEMBINKOSI YEKWANI: Yes he got that from me when we were there in the lawyer's office.

MR RILEY: Now after you in fact told the lawyer what had happened, what happened after that?

XOLA TEMBINKOSI YEKWANI: The Truth Commission came in 1997, Mark Killian, investigating about Pro Jack's death.

MR RILEY: Now before we go to Mark Killian and the TRC, after the death of Mr Jack, did you have occasion at any time to speak to any high placed official within the ANC as a result of the death of Mr Jack?

XOLA TEMBINKOSI YEKWANI: Yes.

MR RILEY: How did that come about?

XOLA TEMBINKOSI YEKWANI: Even when I was in the Transkei, Chris Hani the Chief of Staff asked me about this incident about this firearm, the one that was used killing Pro Jack.  He wanted to know if it was not the very same firearm that was used in killing the police in Khayelitsha but I denied that.

MR RILEY: Why did you deny that?

XOLA TEMBINKOSI YEKWANI: I got scared and it was difficult for me to talk about it because it was not easy for me to do so.

MR RILEY: Did you in fact speak to any persons within the ANC investigative unit regarding this particular incident?

XOLA TEMBINKOSI YEKWANI: Yes, Nswandile Jacobs once called me in the Woodstock offices, asking me about this incident.  I also denied my involvement.  Did you also deny your involvement to
him?

XOLA TEMBINKOSI YEKWANI: We had an agreement with Mr Langa that I shouldn't tell anyone.  He is the one who is going to tell the ANC about this incident.

MR RILEY: Did the lawyers Wilkinson, Joshua and Ghiwala, did they or anyone at that office ever come back to you again prior to you going to the TRC?

XOLA TEMBINKOSI YEKWANI: No, they never came back.

MR RILEY: Why did you decide then as you say in 1997 to come to the TRC?

XOLA TEMBINKOSI YEKWANI: I didn't come voluntarily, Mark Killian came to investigate and I was also waiting for a moment when I would get a chance to go and talk about this.

MR RILEY: Why was that, why did you want to talk about it?

XOLA TEMBINKOSI YEKWANI: It's because I was not happy and I couldn't keep it with me any more because it was a mistake and another thing that was worse was the fact that Pro Jack was a fellow comrade therefore I couldn't keep this information any more.

MR RILEY: Did anyone, anyone whatsoever instruct you to in fact kill Mr Pro Jack?

XOLA TEMBINKOSI YEKWANI: No, no one instructed me to do so.

MR RILEY: Now when you in fact before going to the TRC did you ever have occasion to speak to the lawyers, Wilkinson, Joshua and Ghiwala again?

XOLA TEMBINKOSI YEKWANI: No, I made another statement after Mr Joshua's death and I went to Mr Wilkinson and made another statement, same as the one before.

MR RILEY: Did you know whether in fact the TRC managed to get hold of the statement that you made to the attorneys?

XOLA TEMBINKOSI YEKWANI: No, I have no idea about that.

MR RILEY: As far as you are concerned, the statement that you made then to the attorney is the same statement that you made to the TRC?

XOLA TEMBINKOSI YEKWANI: Yes it is the same because I mentioned that I'm taking about here today.

MR RILEY: Did Dan Nkwatcho or Mr Langa ever come back to you again and speak to you about what was going to happen or what the ANC had decided as a result of what had happened?

XOLA TEMBINKOSI YEKWANI: No, not at all.  I've been waiting for them until Mr Langa passed away.

MR RILEY: And after he passed away did you ever go and speak to Mr Nkwatcho again?

XOLA TEMBINKOSI YEKWANI: No.

MR RILEY: Now you then went and you spoke to the TRC, you said to us, now is there anything that you want to add about having gone to the TRC and your reasons for coming to the TRC?