Amnesty Hearings — Welkom — 1998-11-17

ISAAC MOHOMANE: I know there is something like that but I didn't know it then.  I only regarded him as a commander in the area where I lived because he was the person who would train us and other people.  I regarded him as our central commander.

MR MAPOMA: So there was no commander above you or between you and comrade Craig?

ISAAC MOHOMANE: No, Chairperson, between me and comrade Craig there was no commander because I was reporting directly to comrade Craig.  I would not know whether he would also take that order to other people above him.

MR MAPOMA: Now in your application for amnesty you did not make mention of the fact that you were instructed by Commander Craig to conduct this operation, why did you not mention that?

ISAAC MOHOMANE: When you look clearly on my application form, I did not explain that he gave us the instruction because when I filled these forms I knew that the Commission will call me and that that would be the time I would give them a full explanation.  But when you look at this form, I wrote a letter and that letter gives all the details so I sent that letter in order to substantiate what is actually missing in that application form.

MR MAPOMA: And in that letter do you mention that you were instructed by comrade Craig?

ISAAC MOHOMANE: Yes, I do in that letter, I do explain that I had been given an instruction by comrade Craig and also the positions of my co-applicants.  That is why I say in that letter I have disclosed everything.

CHAIRPERSON: Sorry, which letter is that?  Which page is it Mr Mhlaba?  Is it in the bundle?

MR MHLABA: It appears that it is not in the bundle but ...

CHAIRPERSON: Yes, thank you.  Mr Mapoma?

MR MAPOMA: When did you send this letter you are talking about, Mr Mohomane?

ISAAC MOHOMANE: I sent this letter after I have sent my application form because I remember I was together with comrade Sera, we wrote this letters together.  They were faxed the same day and we phoned Cape Town to confirm that they received those letters and Miss Machaka in Cape Town confirmed that they actually received the letter.

CHAIRPERSON: They were faxed?

ISAAC MOHOMANE: Yes, that's correct, they were faxed.  We even phoned them and they confirmed that they received our fax.

MR MAPOMA: Let's proceed.  Now in Court you say you did not want to address that Court and controvert these allegations which were made against you, why were you not prepared to controvert those allegations in that Court?

ISAAC MOHOMANE: That's the decision that we took with my co-applicants after realising that the Court was one sided, they were actually listening to the lies told by the police.  That is why we took a decision that we just keep quiet and be silent, because the Court did not co-operate with us.  And it was known that time that more especially the Supreme Court would not co-operate with us, that is why we decided that we will not address them.

MR MAPOMA: Thank you, no further questions, Chairperson.
NO FURTHER QUESTIONS BY MR MAPOMA

CHAIRPERSON: Thank you.  Would this be a convenient time to take the lunch adjournment, I see it's 1 o'clock.  I think so.  We'll take the lunch adjournment at this stage seeing that it's 1 o'clock and then we'll resume, can we resume at quarter to two?
COMMITTEE ADJOURNS
ON RESUMPTION

ISAAC MOHOMANE: (s.u.o.)

CHAIRPERSON: Mr Mhlaba, do you have any re-examination?

MR MHLABA: Yes please, thank you, Mr Chair.
	Now Mr Mohomane, can you tell the Committee whether or not you were represented at the trial?

ISAAC MOHOMANE: ...(inaudible)

INTERPRETER: The speaker's mike is not on.

CHAIRPERSON: Sorry, could you just start again please?

ISAAC MOHOMANE: Yes, I was legally represented.  It was pro-deo representation.  They arrived for consultation and then informed us that they're going to represent us in Court and they asked us as to whether we are going to plead guilty or not ...(end of tape)

MR MHLABA: Did your legal representative give you an opportunity to explain in detail what happened before they proceeded on trial?

ISAAC MOHOMANE: No, we did not have that opportunity for consultation, to explain to them as to what happened, they just asked us as to whether we are going to plead guilty or not and then we told them that we are not going to plead guilty, then we continued with the case.

MR MHLABA: Were you approached by your legal representatives about your comment on the testimony of Kele?

ISAAC MOHOMANE: Can you please repeat your question, Sir?

MR MHLABA: Were you given an opportunity to comment by your legal representative on the testimony of State witness Kele?

ISAAC MOHOMANE: No, I was not given that opportunity to comment on the testimony or the witness or evidence of Kele.

MR MHLABA: Thank you, Chair, I don't have any further questions.
NO FURTHER QUESTIONS BY MR MHLABA

CHAIRPERSON: Thank you.  Doctor Tsotsi, do you have any questions to ask the witness?

DR TSOTSI: No questions, thank you.

CHAIRPERSON: Mr Sibanyoni?

MR SIBANYONI: No questions to ask, thank you.

CHAIRPERSON: Mr Mohomane, whereabout is Craig Khumalo or Mr Mofokeng, do you know at the moment?

ISAAC MOHOMANE: Yes, I do.  I received information from the office that he was arrested and imprisoned.

CHAIRPERSON: These two policemen who were shot and killed, were they wearing a uniform at the time?

ISAAC MOHOMANE: No, they were not in uniform because they were CID's.

CHAIRPERSON: So at the time of the shooting the only reason that you, correct me if I'm wrong, the only reason that you knew that they were policemen was because they went to this car which you knew to be a police car?

ISAAC MOHOMANE: As I've already explained, when we arrived for the first time we identified the kombi knowing that it was a police vehicle.  Then when we returned for the second time Phillip Mosia went to survey and then confirmed that those were the police.  We identified the police as a police vehicle, we knew that it was used by the police.

CHAIRPERSON: Mr Mhlaba, do you have any questions arising out of questions that I have put to the witness?

MR MHLABA: No questions, Chair.
NO QUESTIONS BY MR MHLABA

CHAIRPERSON: Mr Sesele, do you have any questions arising?

MR SESELE: No questions, Mr Chairman.
NO QUESTIONS BY MR SESELE

CHAIRPERSON: Mr Mapoma?

MR MAPOMA: No questions, Chairperson.
NO QUESTIONS BY MR MAPOMA

CHAIRPERSON: Thank you, Mr Mohomane, that concludes your testimony.  You may stand down.
WITNESS EXCUSED