Amnesty Hearings — East London — 1998-04-15

MR MTEMBU: We have since heard that instead of a Security Force member being killed, an innocent civilian was instead killed, Mr Jerling.
	Now, how do you think this would have furthered your cause?

MR DIAHO-MONAHENG: Sir, I do not have full evidence as to whether this person ...

MR MTEMBU: May I stop you there, it is common cause that Mr Jerling was not a member of any of the Security Forces, but was a civilian who that night, had gone to Yellowwoods Hotel to enjoy himself.  That is not disputed.

MR DIAHO-MONAHENG: Thank you for stopping me, now let me start my answer.
	The Commander of the Unit explained yesterday that that place was already chosen as the target because the information was that some of the people who gather there, are members of the Security Force and they were always wearing guns.
	We went there with an impression that we were going to get the members of the Security Force and we have to fight, we have to attack them, to kill them.  That is why we did not have knowledge or rather a further explanation about this person, whether he was a Security Force or not.

MR MTEMBU: My question to you was how would this have furthered your cause?

MR DIAHO-MONAHENG: Our cause would be furthered sir because we were in a war situation, fighting for the land, fighting for the oppression of the white, that is the reason why the place of the attack was chosen as a target place.  We wanted to further the cause of fighting for the freedom of the Africans.

MR LAX: Sorry Mr Mtembu, I just want to clarify something.  You have said that some of you, your information was that some of the people there would be from the Security Forces.  Does that mean that you realised that there would be other people there who were not from the Security Forces?

MR DIAHO-MONAHENG: Sir I would not be able to tell, because we were told that the people who go there, mostly are Security Force members.

MR LAX: You see, you have used two words, you have said in your previous evidence, you said some of the people were Security Forces, now you said mostly were Security Forces.  Now that implies that you realised that some other people who were not Security Force members, would be there?

MR DIAHO-MONAHENG: I do not believe, I don't agree to that.  When I explained, if you listened carefully, allow me to explain thoroughly now.
	I said the instructions were taken out that the people who go to Yellowwood Hotel on Fridays and Saturdays, are the Security Force members because they want to go to isolated places.
	I think I explained it that way.  I do not remember saying others.

MR LAX: Look, I am just trying to help you, but you don't seem to be able to understand the question.  You used, or otherwise you are just avoiding the question, one of the two, but I will leave it at that.

ADV GCABASHE: Just in terms again of the interpretation, what exactly is the position, just to clarify that finally, because there is a bit of a problem with the interpretation as well in people going there frequently and some people being there and others not.
	Just give a final position on this.

MR DIAHO-MONAHENG: It was clarified that the people who go there were Security Forces members, who went there on Fridays and Saturdays.  That is why the instruction was that they should be attacked on Friday or Saturday.  I don't know whether my explanation is clear.

ADV GCABASHE: Thank you.

MR MTEMBU: Do you have anything to say to the family of the late Mr Jerling?

MR DIAHO-MONAHENG: There is something sir.

MR MTEMBU: What is it?

MR DIAHO-MONAHENG: To the family members of the deceased I say I know there isn't anyone who has the right to take anyone's life, but I ask them to understand please that this was a war situation, we were fighting the enemy which was the white people.
	Be strong please, because I also feel for you.  A member of a family or a friend lost his life in this war, but I do not regret what happened in the war because it was war and it was a war for freedom.
	But to the members of the family, we are now walking the road of reconciliation and we have to understand each other.  I really sympathise with them and I say please be strong.  Thank you.

MR MTEMBU: Is there anything more you wish to tell the Committee?

MR DIAHO-MONAHENG: That is correct sir.

MR MTEMBU: You may proceed.

MR DIAHO-MONAHENG: I would request the Committee to take into cognisance the fact that the war was not an individual war, it was a war for freedom, we were fighting oppression.
	The Africans were oppressed by the whites.  That is why, that is the reason, because the whites on the other side were also protecting their oppression.
	So I would request the Committee to take once again into consideration that we were fighting for freedom, it was a war, a struggle, not an individual fight.  We were fighting for the country.  I thank you.

MR MTEMBU: Is that your application?

MR DIAHO-MONAHENG: Sir, I was explaining that when it comes to the war, I do not regret ...

MR MTEMBU: I want to know is that your application, you have now told the Committee whatever you wanted them to hear, is that correct?

MR DIAHO-MONAHENG: Yes, that is correct.

MR MTEMBU: Thank you Mr Chairman.

MR MTEMBU: .

CHAIRPERSON: Any questions?  Mr  Prior, I think you may have something.

MR PRIOR: Thank you Mr Chairman, there are a few questions, thank you Mr Chairman.
	Mr Diaho-Monaheng, if I recall the various APLA applications for amnesty, in the St James church attack, the same reason was given that this was a target selected because the Intelligence was that Security Forces also attended that church.
	Heidelberg Tavern was selected because the information was that Security Forces attended that restaurant and bar.  The Crazy Beat disco in Newcastle, which was a discotheque the same information, Security Forces were expected to be there, and so too in Yellowwoods, that was the Intelligence.
	Is this not just an excuse that has been thought up to make the attack sound more plausible, to put it in a military context, in fact which it is not?

MR DIAHO-MONAHENG: That is not so My Lord.  Members of Security Forces go to church, they go to hotels, they go to sports fields, they go everywhere.
	I think all these attacks as you have explained that Security Forces were present, it is true, they are found everywhere.  I don't know whether I answered your question.

MR PRIOR: You see, 15 kilometres away at Adelaide, there was an Army base there, why didn't your Special Unit not attack that?  There you would have found Security Forces in far larger numbers.

MR DIAHO-MONAHENG: Which attack are you referring to sir, the Yellowwood attack?

MR PRIOR: No, I am saying you were in the area, if your Intelligence was so hot, there was an Army base at Adelaide, situated I understand about 15 kilometres away from the hotel.  There you would have found Security Forces in numbers that you could have killed, or attacked.  Do you agree with that or don't you agree?

MR DIAHO-MONAHENG: Sir, I do not agree with you because I do not know that 15 kilometres from the hotel, there was a base.

MR PRIOR: All right.  A week before the actual attack, you went to Yellowwoods, is that correct, but had to postpone the attack because the lights were off at the hotel, is that correct?

CHAIRPERSON: Didn't they say it was closed?

MR DIAHO-MONAHENG: It was closed, the lights were off, it was an indication that they were closed.  That is the reason why we postponed the attack.

MR PRIOR: Yes, and that was at what time at night?

MR DIAHO-MONAHENG: It was already at night sir, because when we arrived the lights were off and we had an impression that it was already closed.

MR PRIOR: And that was either a Saturday or Friday night when you were expecting Security Forces to be present, is that right?