Amnesty Hearings — Johannesburg — 1998-10-13

BONGANI CHRISTOPHER KHUMALO: After the police were shot, the Queenstown Security Forces reinforced, gained their entry into Marienhoek.  People were raided, or houses were raided, people were detained.
	They wanted to know where the bloody terrorist was and they indicated that the terrorist would have to be apprehended.  People were locked up.   The very same year, 1993, I moved to Ezibeleni, which is Queensdale in the Transkei.
	In the very same year, 1993, as we were continuing with training, what happened here was that on the 24th of February 1994, after a call had been made that all the Umkhonto we Sizwe guerilla warfare had to report at St Johns.  On our way, I was arrested at the border gate that divides Queenstown, or Transkei and Ciskei or Queenstown.  That is how I got arrested.

MR MHLABA: What happened to you after you were arrested?

BONGANI CHRISTOPHER KHUMALO: I was sent to Queenstown police station, from where I was sent to Port Elizabeth at the Louis le Grange police station and I was also sent thereafter, to East London to date, where I am.  Police had many questions, they interviewed me, they wanted to know what was happening.  I did not hide a thing from them.
	I explained to them why we were beating them up, I explained to them why the community had an attitude towards the Security, because the Security was a problem to the people.  The Security was killing innocent people, therefore that is why I am here under the Correctional Service today.

MR MHLABA: Were you, Mr Khumalo, tried in a court in Queenstown?

BONGANI CHRISTOPHER KHUMALO: Yes, that is correct.

MR MHLABA: Can you explain to the Committee, the outcome of such trial and what charges you were facing?

BONGANI CHRISTOPHER KHUMALO: I was charged for the possession of explosives, firearm and ammunition and attempted murders and then I was sentenced to eight years imprisonment.

MR MHLABA: For record purposes Mr Chairman, I would like to indicate that I have a print-out here which indicates that the applicant appeared and there were two case numbers allocated in respect of the offences.
	The first case number is QSH24594 and the charge was attempted murder and the subsequent case number is QSH24694, and the offences under that case number is possession of firearm, possession of ammunition, explosives.  That is all Mr Chairman.

MR SIBANYONI: Can I just clarify one thing, Mr Khumalo, were you not charged with escaping from lawful custody when you were in Queenstown?

BONGANI CHRISTOPHER KHUMALO: No, I was not.

MR SIBANYONI: Thank you.

MR MHLABA: Mr Khumalo, can you explain to the Committee whether after you stood, was it - rather, let me put it this way, you initially stood trial in Queenstown, then subsequently transferred to Johannesburg, or was it the other way around?

BONGANI CHRISTOPHER KHUMALO: I stayed in the Eastern Cape, that is during the year 1995, 1996 and I returned to Johannesburg during 1996.

MR MHLABA: You are applying to the Committee Mr Khumalo, to grant you amnesty in respect of these offences.  Do you have anything to say to the Committee in motivation of your application?

BONGANI CHRISTOPHER KHUMALO: Yes, that is correct, there is something I would like to say.  I would like to say to the Committee that I would like the Committee to grant me amnesty with regard to all the offences which have been dealt with and in the context in which they happened.
	It was during the apartheid system, when we were being harassed, we were committed to the struggle and we wanted to free the nation.  We were killed, harassed, tortured.  We also did what we did, or what we had to do, we tried to overthrow the government, using different techniques and tactics.
	I would request the Amnesty Committee, to grant me amnesty because of the reasons that I have already stated, and the fact that we were freedom fighters.  With regard to Article 11, that states that every person has a right to life, all of us have an inherent right to life.
	Even though we did kill certain people, some innocent victims were effected, that was not our intention to kill or to hurt others.  It happened during the course of the struggle that we should find ourselves in the situation.
	I request the whole South Africa to be peaceful and to accept that we are now moving towards peace.

MR MHLABA: In conclusion Mr Khumalo, are you willing to respond to questions which may be put to you by the Committee or any other person who feels, has an interest in this matter?

BONGANI CHRISTOPHER KHUMALO: I have absolutely no problem, I will answer all questions posed to me.

ADV GCABASHE: Mr Mhlaba, if I could just check, before you finish, if you look at page 12 of the bundle, the summary of substantial facts, we have got counts 1 - 4, then counts 5 - 12, then counts 13 - 14 that are referred to here.  Have you covered all of them?

MR MHLABA: Thank you Chair.  I will want to take this opportunity to take the applicant back to certain aspects in this regard.
	Mr Khumalo, can you explain to the Committee, do you know anything about the incident in respect of which Joseph Mazibuko was killed on the 2nd of October 1992?

BONGANI CHRISTOPHER KHUMALO: Yes, that is correct.

MR MHLABA: Can you explain in full what happened?