Amnesty Hearings — Durban — 1998-10-20

ALFIUS JACKSON JEKE: There were members of the community who came to my place, they said they had a problem that they wanted to discuss with me, that there had been some girls who had been abducted the previous night or the previous day and there was no trace of the girls who had been abducted.
	They requested that I help them as a Deputy Chairperson of the branch because the Chairperson was not present at that time, it was during the holidays.  They wanted us to go looking for the abducted girls.  I joined them in their search.  We went around looking 
for the girls who had been abducted.  
	We ultimately were able to trace the abducted girls at a certain house.  That is Sipho's house, who is the leader of this particular group.  That is where we got the abducted girls.  We also found members of "The Mafia" within Sipho's household.
	When we got there there were people already, I think members of the community.  The girls explained and related as to how they reached the place because when we got there we found that the girls were naked, as well as members of "The Mafia" were naked.  We received an explanation that they had been raped by the members of "The Mafia".  They were raped throughout the night.  That is where the community took a decision that these people should be killed because there was nothing that the police were doing and they were conducting a reign of terror in the area.

MR SAMUEL: These people were killed and subsequently the police made a few arrests, is that correct?

ALFIUS JACKSON JEKE: Yes, that is when they started arresting people.

MR SAMUEL: The three of you were not arrested initially?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: What did the community do after certain people were arrested and taken to the police station?

ALFIUS JACKSON JEKE: The community came together and marched to the police station.  When we arrived at the police station we were requested that we elect or choose a leader who was going to represent us.  The attorney, Lina Zama was also present because the community wanted to explain as to how these men died and why were they killed.
	The community wanted to take responsibility for the killing and they wanted to explain to the Commissioner of Police as to how it happened.  That is when a committee was formed, that is a committee with which we were going to liaise.  
	As soon as we had related the story of the killing, as to how "The Mafia" gang was killed, the Commissioner of Police said he does not have the authority or the power to arrest all the people and he did not have a place to put the whole group in.

MR SAMUEL: I see.  Arising of what you're saying, did the community say to the Commissioner of Police that he must arrest the entire community and put them in the cells?

ALFIUS JACKSON JEKE: Yes, that is correct.

MR SAMUEL: Now the other two applicants with you, Mr Nzama and Mr Sithole, were they members of the ANC as well?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: As I understand it you accept the Judgment and you accept responsibility for the killings.

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: And your amnesty is based on the fact that you were forced to take governance, take control and governance of the area that you lived in, and this was before 1994?

ALFIUS JACKSON JEKE: That is correct.

MR SAMUEL: I have no further questions.
NO FURTHER QUESTIONS BY MR SAMUEL

CHAIRPERSON: Mr Prior, do you have any questions?

ADV PRIOR: Just two or three matters, Mr Chairman.
	I noticed in the summary of substantial facts, the State during your trial alleged in paragraph 4 that the deceased in this matter had been approached by the accused and a crowd numbering between 50 and 100 of the community, is that correct?

ALFIUS JACKSON JEKE: Yes, it could be, it's possible that there were about 50 to 100, that is correct.

ADV PRIOR: So when you were looking for these abducted girls that had been raped by "The Mafia", it seemed to my mind when reading the Judgment and the summary of facts that it was as if the community was also looking for these girls as a group and it wasn't just the few of you that had been elected, it was the community that was searching, is that correct?

ALFIUS JACKSON JEKE: That is correct.

ADV PRIOR: There was just one other aspect, Mr Jeke.  At page 65 of the bundle, Mr Chairman.
	It seemed that Mrs Matelani's child, the deceased, had escaped from police custody at some stage, do you know about that?

ALFIUS JACKSON JEKE: Yes, that is correct.

ADV PRIOR: One last aspect.  After this killing, are you able to tell the Committee what happened to the crime rate or the reign of terror of "The Mafia" gang in Bottlebrush Settlement?  Did that continue or did that come to an end?

ALFIUS JACKSON JEKE: There was a relative decrease of violence after the arrest.

ADV PRIOR: And "The Mafia" gang in particular, was that broken up as a result of the deaths of those members?

ALFIUS JACKSON JEKE: Yes, that correct, there was a break-up of "The Mafia" gang, and the violence decreased.

ADV PRIOR: Thank you, Mr Chairman.
NO FURTHER QUESTIONS BY ADV PRIOR

CHAIRPERSON: Could I, before the other two, just ask you some questions?  As I understand from the Judgment, the Bottlebrush area was dominated by the ANC and was divided into wards or various districts that were administered to some extent by the ANC.

ALFIUS JACKSON JEKE: Yes, that is correct.

CHAIRPERSON: The ANC was endeavouring to provide some assistance and government to the community?

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: And as I understand from both the Judgment and your evidence, members of the community who got no assistance from the police would come to the ANC committees and ask them for help.

ALFIUS JACKSON JEKE: Yes, some would come to us but some would go to the Development Committee.

CHAIRPERSON: Yes, but you would try to help them?

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: And there was evidence led that you had taken steps to try to control "The Mafia" by on occasion beating them.

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: By complaining to their parents and asking their parents to do something about it.

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: And by exiling or banishing them from the area.

ALFIUS JACKSON JEKE: Yes, that is correct.

CHAIRPERSON: And none of this had controlled them.

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: So you were finally driven to use violence as you did, to try to bring about peace for the members of the community in your area.

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: That is that the ANC felt responsibility for the people.

ALFIUS JACKSON JEKE: That is correct.

CHAIRPERSON: Thank you.

SISI KHAMPEPE: Mr Jeke, I've got just a few questions.  According to your knowledge I can see in your application that you were borne in Mount Frere, that is in the Transkei?

ALFIUS JACKSON JEKE: That is correct.

SISI KHAMPEPE: According to your knowledge, this group who called themselves "The Mafia", when was it established and when did it start conducting a reign or terror in Bottlebrush?

ALFIUS JACKSON JEKE: I think the incidents started happening from 1989 but the situation was rife after 1993 or from 1993, after or just before the 1994 elections.

SISI KHAMPEPE: As the Deputy Chairperson of the ANC branch, did you see it important that there should be peace in the area so that the political objectives of the ANC could be fulfilled and which couldn't have been fulfilled in the presence of rife violence?

ALFIUS JACKSON JEKE: Yes, that is correct.

SISI KHAMPEPE: According to your knowledge, how many members of "The Mafia" did you know?

ALFIUS JACKSON JEKE: I knew of 15 members but they were also joined by other members from other areas and we couldn't keep count of them.