Amnesty Hearings — East London — 1999-03-24

MR MBANDAZAYO: Yes, Chairperson, exactly like.  That was the instruction and that was the evidence, that they should not conduct on another day except the weekend, Friday or Saturday which the likelihood was that the members would be there.  Because on the other days it would be only other innocent civilians - if I may interpret it that way.
	Chairperson, it is clear that the attack was carried out by these three members, as the evidence indicates, that they carried it out not because they had anything against the victims.  If one looks at, taking into account that where Madasi is coming from, he's a Capetonian and taking that Ntintili was from Transkei and also the other one who was involved was in Transkei.  As I also indicated that I approached him to apply for amnesty and he refused to do that.  He was from Xtendane in Transkei.  So all of them were not familiar with that area in which they were, all of them went there with that specific purpose.
	And hence I'm saying that if you look in all these operations in which Madasi was involved also Heidelberg, St James, Crazy Beat Disco in Durban and all others which are similar to them, where it was an offence attack, you find that most of the time the people who were involved, it's rare that you find that he's from that area.  And all of them are sent there for that specific purpose and thereafter they leave the area.  Which in itself indicates that they went there, when they went there, they went there on a specific order, on a specific mission, to pull out that mission and leave the area.
	Hence I'm saying that at the end of the day if we look at where the orders came from, it is clear even in this one, when you talk about Xhomiso Nonuxba, Nonuxba was the same person who was at St James, who participated in St James and commanded that unit, and again he was involved in Golf Club.   Golf Club by the way was the first operation which was in 1992 before the others, the others followed.  Xhomiso Nonuxba was involved. 
	And if you look at Xhomiso Nonuxba again he was involved in Heidelberg because he was the person who gave the final instructions to Gqomfa when they went to Heidelberg.
	Chairperson, that if one takes them in totality, one cannot escape that conclusion to say that all these operations and this operation also specifically was also ordered by APLA, and the applicants carried out the instructions and they carried out the mission on behalf of APLA, which at that particular time was involved in the liberation struggle.
	Chairperson, the applicants gave all information that they can remember about the incident, all they can remember about the incident and as to what happened on the day in question, including the preparation for the attack.  Therefore, it is my submission that on a balance of probabilities the applicants have discharged whatever onus they have to prove that they have complied with the requirement of Section 20(1) as well as (2).  	And on that basis I humbly submit to this Committee that they should be granted amnesty as applied for.  Unless the Committee wants me to answer any questions, I'm in the position.  Thank you, Chairperson.