Amnesty Hearings — Cape Town — 1997-07-08

ADV GOZO COMMITTEE: Mr Chairman may I then proceed?
"1.	I,the undersigned, Easy Mzikhona Nofemela, do hereby make oath and statethat...."
Mr Chairman I don'tknow if this is being interpreted for the applicant.
"	....dohereby make oath and state that, I am 26 years old and I am currentlybeing held at the Victor Verster Prison where I am serving a sentenceof 18 years imposed upon me by the High Court in Cape Town after I wasfound guilty of the murder of Amy Biehl on 25 August 1993.
		Iam a member of the PAC and PAS0.
	2.	Thefacts to which I depose are true and correct and within my personalknowledge unless the context indicates otherwise.
	3.	Ihave read the affidavit of Ntombeko Ambrose Peni and I confirm the contentsthereof insofar as it relates to me.
	4.	Inparticular I confirm having attended the launch of the Langa High unitof PASO on 25 August 1993. At the time I was a student at Joe SlovoHigh School and I was an organiser for PASO. 
		Bythe time I left the meeting I felt very inspired by the political speechesmade at the meeting. To that extent I was in the group, together withPeni, which stoned a truck and a police vehicle along Vanguard Driveon our way to Bonteheuwel Station.
		Iconfirm further, having boarded the train at the Bonteheuwel Stationtogether with Peni and a group of between 80 and 90 students. We disembarkedat the Heideveld Station and from there we marched in a group lookingfor Government and company vehicles to stone. 
		Iconfirm further that Peni and I had got onto a bakkie at the Iona ShoppingCentre in Guguletu as the bakkie was to go in the direction in whichwe were staying, namely in Section 3. 
	5.	Wegot to the scene of the incident at the Caltex garage at NY1 and NY132whilst on this bakkie. This is where I saw Amy Biehl stumble acrossthe road, NY1. I jumped off the bakkie and ran towards her also throwingstones at her. As we pursued her Manqina tripped her. I had a knifeand with seven or eight others we stabbed at Amy. I do not know whetherI in fact stabbed her. I stabbed at her about three or four times. Ialso went to throw stones at the vehicle and with others tried to overturnit. When the police van arrived I ran away.
	6.	Ihave received training from APLA operators in the township, which trainingincluded physical training, attending political classes and demonstrationson how to handle arms and ammunition. 
		Atthe time of the Amy Biehl incident the only other applicant known tome was Peni. We were brought up together and lived in the same streetat NY111 Guguletu.
		Ihave only come to know Vusumzi Samuel Ntamo and Mongesi ChristopherManqina after I was arrested with them and appeared in the lengthy trialwith them.
	7.	Ihad made a statement to the police. It appeared at record 48 and 49.This statement is largely correct except the failure to disclose myparticipation in the killing of Amy Biehl. I made it freely, voluntarilyand without any undue influence. I apologise to the High Court and tomy lawyers for challenging the admissibility of the statement on thebasis that I was forced to make it. The statement confirms my attendanceat the meeting at the Langa High School and that at NY1 and NY132 Ithrew a stone at a light brown motor vehicle.
		Itis also correct that I ran away after the police arrived on the scene.
		Thereference to the stoning of a big truck is the reference to a truckwhich was stoned in Vanguard Drive and not at NY111. The only explanationI can give for the reference to NY111 in my statement is that I madethe statement in Xhosa and it was translated into Afrikaans. In anycase I had pleaded not guilty and denied having made the statement freelyand voluntarily and that is why this aspect of my statement was notchallenged by me or by my legal representatives at the time.
		Iwish to confirm also that on the day in question and during that periodI was highly politically motivated, not only by the political climateprevailing in the township but also by the militant political speechesmade at the PASO meeting which I had attended. At the time PASO wasacting in solidarity with COSAS, employing the same tactics, namelyattempting to make the township ungovernable by stoning government andcompany vehicles. 
		Theslogan One Settler, one bullet also inspired me to hurt,injure or kill White people. 
	8.	Onthe day in question I actively participated in the killing of Amy Biehl.
		Ido deeply regret what happened to her and I wish to sincerely apologiseto her parents, relatives and her friends, and I seek their forgiveness.The deed was committed at the time when we, as PASO members, were highlypolitically motivated and when we were hostile towards any Settler whomwe regarded as any White person living in this country.
		Atthe time we were still under White minority rule and the objective ofPASO was to make this country ungovernable by whatever means necessary.
	9.	Irespectfully submit that I have made out a proper case for amnesty tobe granted by this Committee as contemplated by Section 20 of the Promotionof National Unity and Reconciliation Act 1995.
		Myapplication complies with the requirements of the Act..."
on the proviso thatwas mentioned by Justice Ngoepe being met and satisfied.
"	Theoffence in respect of which I was convicted and that is the murder ofAmy Biehl, is an offence which was associated with a political objectivecommitted in the course of the conflict of the past and which complieswith the provisions of Section 20(2) and (3) of the Act.
		Iwould furthermore respectfully submit that I have made full disclosureof all the facts relevant to the Amy Biehl incident and to this application".

CHAIRPERSON: Thank you.

EAZI MZIKHONANOFEMELA: (sworn states)

CHAIRPERSON: Are there any questions you wish to put to him in addition to what you haveread in the statement?

ADV GOZO COMMITTEE: There are no questions I am going to put to this particular applicant, and thismay be the appropriate stage for Mr Brink and the members of the Committee toput their questions.

CHAIRPERSON: Mr Nofemela your counsel has read your affidavit into the record, do you confirmthe correctness of what is stated in your affidavit?

MR NOFEMELA: Yes Sir.

CHAIRPERSON: Thank you. Mr Brink any questions to put to this witness?

CROSSBY MR BRINK: Thank you Mr Chairman. Mr Nofemela you have heard the questionswhich I put to Mr Peni and the answers which he gave to those questions, isthat correct?

MR NOFEMELA: Yes Sir.

CHAIRPERSON: Please talk into the microphone.

CROSSBY MR BRINK: You can sit back if you wish to as long as it's close to your mouth. If youwant to be comfortable be comfortable but just have it close to you.
	And do you agreethat you were working in association with COSAS, which is an affiliate of theANC?

MR NOFEMELA: Would you please clarify that.

CROSSBY MR BRINK: At the time in the townships you were working in association with COSAS, youwere a member of PASO which was a PAC affiliate, but you were working togetherwith COSAS to bring about your objectives and COSAS was an affiliate of theANC, is that correct?

MR NOFEMELA: COSAS was the only, was separate from PASO, but we were together with the fights.

CROSSBY MR BRINK: Yes. So that all political rivalry which might have existed between COSAS andPASO were set aside at that time?

MR NOFEMELA: They were not alike.

CROSSBY MR BRINK: No but the point is, isn't it, that your rivalry, you as a member of PASO, thatorganisation had set aside your rivalry with the members of COSAS at that time?

MR NOFEMELA: What we were fighting for or rivalry for?

CROSSBY MR BRINK: Well that's what I want to know what you were fighting for.

BERNARD MAKGABO NGOEPE: Mr Brink I think ...(intervention)

CROSSBY MR BRINK: Did I mis-hear him?