Amnesty Hearings — Johannesburg — 1998-10-13

CHAIRPERSON: We are proceeding to the application of Jerry Chimanjana Motahung.  We will just allow the persons at the back to leave.

ADV STEENKAMP: I am sorry for the commotion Mr Chairman.  It is for the record, Tuesday, 13 October 1998.  It is a sitting of the Amnesty Committee.  The panel is chaired by myself, Denzel Potgieter.  I am assisted on my right by Adv Gcabashe and on my left by Mr Sibanyoni.
	Adv Steenkamp?

ADV STEENKAMP: Thank you Mr Chairman.  Mr Chairman, I am the Evidence Leader, I am also appearing for Patricia Mtshwene, the deceased in this matter's father and mother, the victims Mary Mtshwene and the father, Mr Tranger J. Thalelo.    For the record Mr Chairman, they aren't opposing the application of Mr Motahung, they would like however, to reserve their right to ask certain questions Mr Chairman.

CHAIRPERSON: Thank you Adv Steenkamp.   Mr Mhlaba?

MR MHLABA: Thank you Mr Chairman.  Thank you Mr Chairman, I am appearing for the applicant in this matter, and he wishes to testify in South Soto.

JERRY CHIMANJANA MOTAHUNG: (sworn states)

CHAIRPERSON: Thank you Mr Sibanyoni.  Mr Motahung, have you got a problem with your eyes?

JERRY CHIMANJANA MOTAHUNG: I only have problems with exposure to the light.

CHAIRPERSON: Is it a medical condition?

JERRY CHIMANJANA MOTAHUNG: Yes, it is a medical condition sir.

CHAIRPERSON: Are you - you are not able to do without the dark glasses?

JERRY CHIMANJANA MOTAHUNG: I can take them off sir.

CHAIRPERSON: Can you, okay.  All right.  Mr Mhlaba?

MR MHLABA: Thank you Mr Chairman.  Mr Motahung, you are the applicant in this matter and you are applying for amnesty in respect of an offence of murder, attempted murder and possession of ammunition, is that correct?

JERRY CHIMANJANA MOTAHUNG: Yes, that is correct.

MR MHLABA: And your application for amnesty in respect of the murder case, does that relate to the death of Patricia Mtshwene?

JERRY CHIMANJANA MOTAHUNG: That is correct sir.

MR MHLABA: And your application in respect of attempted murder, does it relate to the victim being - if the Chair could bear with me - does it relate to Gladness Mfelasi?

JERRY CHIMANJANA MOTAHUNG: Yes, that is correct sir.

MR MHLABA: I have noted that you were also tried and convicted in respect of the assault to Patricia Mtshwene and Gladness Mfelasi.  Is it your desire to bring an application for amendment to include these offences?

JERRY CHIMANJANA MOTAHUNG: Yes, I am suggesting that we should make that amendment sir.

CHAIRPERSON: Mr Mhlaba, will you just repeat that, I just want to make a note, can you just give us that detail again please.

MR MHLABA: The assault in respect of Patricia Mtshwene and Gladness Mfelasi.

CHAIRPERSON: Is it the same people, the same complainants in respect of, or the victims in respect of the murder and attempted murder?

MR MHLABA: That is correct Mr Chairman, it will emerge that they were assaulted prior to the murder and the attempted murder.

CHAIRPERSON: Thank you.

MR MHLABA: Thank you Mr Chairman.  I will want to apply on behalf of the applicant for an amendment to incorporate the assault on the two victims.

CHAIRPERSON: Adv Steenkamp, is there any objection?

ADV STEENKAMP: No objection, thank you Mr Chairman.

CHAIRPERSON: Thank you.  The amendment is granted Mr Mhlaba.

MR MHLABA: Thank you Mr Chairman.  Mr Motahung, for record purposes can you tell the Committee when were you born and where?

JERRY CHIMANJANA MOTAHUNG: I was born in 1972 on the 15th of September.  I was born in Vosloorus, in Boksburg.  I started school in Dennilton from Sub A up to standard 3.

MR MHLABA: Mr Motahung, I want to take you back to your application, page 2 of the paginated bundles, item 5.  Your date of birth is reflected as the 15th of November 1974, do you have an explanation for that?

JERRY CHIMANJANA MOTAHUNG: Yes.  When I was arrested, I took advantage that if I decrease my age, I would, that would be a mitigating factor in court.  That is why I wrote 1974 instead of 1972.
	My correct date of birth is 1972, on the 15th of November.

MR MHLABA: Thank you Mr Motahung, may you then proceed and explain to us where you schooled and how you proceeded?

JERRY CHIMANJANA MOTAHUNG: I attended school in Dennilton where I began with Sub A up to standard 3.  When I was busy with standard 3, I left back to the township in Vosloorus.  I went to another school which is called Nagin primary school.
	I have already passed standard 3.  When I arrived at Nagin, I continued with standard 4 until I passed standard 5.  After standard 5, I went to a certain high school called Erasmus.  I did standard 6 there.  During that time, I was recruited by my friend, he recruited me to the COSAS movement.
	I played a role in COSAS up to the point where I became a member of the SRC.   SRC falls under COSAS.  After some time, violence erupted in the township.  It started with a march, protest march where students engaged in the burning of the Councillor's house.
	Then the police started to search for us.  My name was mentioned by the police amongst those students who were wanted by the police.
	I consulted with some of my friends who were students.  I left South Africa, that is in 1989.  I went to some of the African States.

MR MHLABA: Can you proceed?