Amnesty Hearings — Witbank — 2000-01-31

CHAIRPERSON: Good morning to you all.  Today is the 31st of January 2000.  We are here to hear the applications of Philip Makwale Nyalunga, John Ithumeleng Dube in relation to an incident referred to as the Witbank Bomb Blast.
	My name is Judge Sisi Khampepe, I will be chairing these proceedings.  On my right-hand side is Judge Motata, on my left-hand side is Judge de Jager.  This will be the Panel that will sit to consider these two applications. 
	I am now going to request the legal representatives who are going to appear on behalf of the applicants and the victims to kindly  place their names on record.

MR MBETHE: My name is Mr Mbethe, Mr S T R Mbethe and I'm from Mbethe attorneys...(indistinct - mike not on).  I represent the Msina family.  Sorry and also Mr Diyale.

CHAIRPERSON: Thank you Madam Chair.  My name is Andre Steenkamp, I will be the Evidence Leader in this matter.  Thank you.

CHAIRPERSON: Thank you Mr Steenkamp.

MR SCHULTZ: Madam Chair, my name is Conrad Schultz, I'm from the firm of attorneys Potgieter Coetzee in Witbank.  I act on behalf of 15 of the victims.

MR KOOPEDI: Thank you Madam Chairperson.  My name is Brian Koopedi.  I appear on behalf of the two applicants in this matter.  May I point out at this moment Madam Chairperson, that I was missing one of my applicants, but he is here and we are ready to proceed.

CHAIRPERSON: Thank you Mr Koopedi.  Mr Steenkamp, how many victims are involved in this incident?

MR STEENKAMP: Madam Chair, at this moment, if I'm not mistaken, I think it's more or less 30.  A list of victims has been prepared, it's in the process of being copied and it will be handed to you during the hearing and the full details of all the victims will be handed to you as required by the Act.  Madam Chair if I may at this time just ask, there's a household matter.  I've been requested by my learned colleagues if they will be allowed to remove their jackets during the time of this Hearing.  Thank  you Madam Chair.

CHAIRPERSON: They may do so, Mr Steenkamp.  Can an indication be given to this Committee whether all the victims were notified in terms of Section 19(4)?

MR STEENKAMP: Indeed Madam Chair.  It is my humble submission that the requirements of Section 94 were indeed met.  All victims were notified.  Those who were not notified, efforts were undertaken to notify them.  The Investigator in this matter, Captain Moyma is present.  If any questions arise in any notification, any victims or implicated people were done, I can just maybe indicate at this stage the specific building owners of the Nedbank and the Standard Bank and the NBS branches were also notified and they have indicated that they are not interested in attending this hearing whatsoever and for that reason, Madam Chair, I will suggest that this specific requirements were met and the Chair can proceed with this Hearing.  Thank you Madam.

CHAIRPERSON: Thank you.  Mr Koopedi, are we in a position to commence?

MR KOOPEDI: Indeed we are, Chairperson and perhaps may I point out that the two applicants will not be calling any victims so their application will consist mainly of ...(intervention)

CHAIRPERSON: Any witnesses?

MR KOOPEDI: Yes, no witnesses.  Their application will consist solely of their two testimonies and the first person to be called, if you will allow us, would be Philip Makwale Nyalunga and he's ready to be sworn in Chairperson.

CHAIRPERSON: What language will he be testifying in?

MR KOOPEDI: He will testify in English, Chairperson.

PHILIP MAKWALE NYALUNGA: (sworn states)

MR KOOPEDI: Thank you Chairperson, may we proceed?

CHAIRPERSON: You may proceed Mr Koopedi.

MR KOOPEDI: Thank you.  We seem to have a problem with the mike.  I can't have my mike and his on at the same time.

CHAIRPERSON: We'll require the technician to come to your assistance.

MR KOOPEDI: We have been assisted, thank you.

MR KOOPEDI: Mr Nyalunga, is it correct that you are an applicant in this matter?

PHILIP MAKWALE NYALUNGA: Yes.

MR KOOPEDI: Is it also correct that Mr Dube is your co-applicant?

PHILIP MAKWALE NYALUNGA: Yes.

MR KOOPEDI: I will refer you to page 3 of the bundle of documents which this Honourable Committee has in front.  Is this your application form?

PHILIP MAKWALE NYALUNGA: Yes.

MR KOOPEDI: The said form is signed on page 8 of this same bundle of documents.  Would this be your signature?

PHILIP MAKWALE NYALUNGA: Yes.

MR KOOPEDI: Now, you were involved in this incident, the car bomb blast at Witbank, is that correct?

PHILIP MAKWALE NYALUNGA: Yes.

MR KOOPEDI: Would you briefly tell this Honourable Committee as to what was your involvement?

PHILIP MAKWALE NYALUNGA: I joined the ANC in 1979, January in Swaziland.  I did military training in Angola and specialised in GDR.  In 1981 I joined the special operations ...(intervention)

CHAIRPERSON: Mr Nyalunga, we are going to ask you to try and speak at a pace that will enable our translators to translate to the many victims that you see sitting here in different languages and also afford us an opportunity to be able to take down what you are saying.

PHILIP MAKWALE NYALUNGA: Okay.

CHAIRPERSON: Thank you.

JUDGE DE JAGER: Mr Koopedi, I note he's reading from a paper.  Haven't you got copies available for us?

MR KOOPEDI: I'm afraid not.  He's reading from a statement which we just prepared.  It is hand-written and we do not have copies.  If we had, we would have loved to supply the Honourable Committee members and my learned friends that side, but we do not have.

CHAIRPERSON: You may proceed.

MR KOOPEDI: Thank you, Chairperson.
MR NYALUNGA
In 1981 I joined Special Operations Unit based at Maputo.  I was infiltrated into the country during December of 1987.  I became a member of an underground unit of MK based at Vosloorus.  Thabang Kholile Sam was my Commander and I was the Commissar of the Unit.  The Unit comprised only of the two of us but we would recruit people to assist us on an operation to operation basis.  Thabang advised me that he has considered the police headquarters in Witbank as a target for bombing.

CHAIRPERSON: Who advised you?

PHILIP MAKWALE NYALUNGA: Thabang.

CHAIRPERSON: What's his surname?  Surname?

PHILIP MAKWALE NYALUNGA: His real name is Kholile Sam.

CHAIRPERSON: That's your Commander?

PHILIP MAKWALE NYALUNGA: Ja, That's my Commander.

CHAIRPERSON: Yes?
MR NYALUNGA
He undertook to do the necessary  entails of checking out the area and getting the necessary material for the creation of the bomb.  On one or two occasions I went on a reconnaissance trip with Thabane.  He showed me a building in the town which he told me was the Headquarters of the Security Police in Witbank.  Thabang advised me that he will also get Comrade Silver, my co-applicant to join us in this operation, as he was an expert in the connection of the remote control device.
		On a Sunday evening Comrade Thabang and Silver came to my place and picked me up.  We proceeded to Witbank.  We slept at a house in Witbank.  It was my sister's house.  Thabang had the keys to the house, my sister and her husband knew Thabang very well.  Thabang advised us that we were going to plant the bomb the following morning and told us further that all the necessary material was in the house.  
		On Monday morning I saw that there was a Ford Cortina car in the garage and we started to assemble the bomb in the boot of the Cortina as Thabang ordered.  We took turns in providing security ...(intervention).

JUDGE DE JAGER: Sorry, was this car in your sister's garage?

PHILIP MAKWALE NYALUNGA: Yes.

JUDGE DE JAGER: Were they at home or were they away?