Amnesty Hearings — Cape Town — 1999-10-26

XOLA TEMBINKOSI YEKWANI: I said he was arrested, he was not present when we were making a decision to hit the police because we realised that the police were raiding our houses and arresting the people, that is what we were dissatisfied with.

MR JAMIE: So the evening of Pro Jack's death did you know that Mr Toyise had been arrested?

XOLA TEMBINKOSI YEKWANI: Yes I knew.

MR JAMIE: Do you know, sir, that the police when they arrested him they confiscated weapons from him specifically an AK-47?

XOLA TEMBINKOSI YEKWANI: I heard that an AK-47 rifle was confiscated, I know nothing about the other weapons.

MR JAMIE: And you've given that as one of the reasons why you decided to attack the police so that they wouldn't also confiscate your weapons, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: Now sir, don't you find it peculiar and strange that shortly before, this is according to the statement of Mr Toyise, shortly before his arrest and the confiscation of that AK-47 he was visited by a number of people who came to borrow the weapon, one of them being Pro Jack.  Do you have any knowledge of that?

XOLA TEMBINKOSI YEKWANI: No, I didn't know that, I was never told that by Mr Toyise.

MR JAMIE: But you would not have been told by Mr Toyise time of Pro Jack's death because Mr Toyise was still in jail, having been arrested, he only came out of jail after Pro Jack's killing.

XOLA TEMBINKOSI YEKWANI: All I'm saying is that I have no idea about that, that people came to borrow the firearms.

MR JAMIE: You see I find it very strange and I put it to you it's incredulous to ask this Committee to believe that where Mr Pro Jack had come to borrow a weapon from Mr Toyise immediately before, in fact it seems to have been a day before this incident, and where you give us one of the reasons for wanting to attack the police that evening, the fact that Mr Toyise was arrested and you attack a vehicle and just coincidentally the person in the vehicle happens to be Mr Pro Jack?  Isn't that a bit hard to believe Mr Yekwani?

XOLA TEMBINKOSI YEKWANI: The reason was not only that Mr Toyise was arrested, that was not the only reason for us to go and hit the police.  It is because of the other activities that the police were involved in, in the community.

MR JAMIE: That was one of the reasons, not so?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: And were you aware of rumours in the township afterwards that the reason Mr Jack was killed was because he was supposed to have told the police about the weapon at Mr Toyise's home, did you ever here a rumour to that effect?

XOLA TEMBINKOSI YEKWANI: No, I did not hear that information.

MR JAMIE: Were you ever a bodyguard of Mr Toyise, Mr Yekwani?

XOLA TEMBINKOSI YEKWANI: I was not a bodyguard.

MR JAMIE: Did you ever work with Mr Toyise?

XOLA TEMBINKOSI YEKWANI: What I used to Brown's Farm as a resident I was his subordinate.

MR JAMIE: You were his subordinate/

XOLA TEMBINKOSI YEKWANI: I can say I was residing at his house but I was sleeping in a separate room and I told Mr Mkukuma that after coming from Transkei I do not want to stay at KTC, I wanted Mr Mkukuma to look for a certain place for me to stay therefore he went on and talked to Mr Toyise.

MR JAMIE: So the comrade you were talking about earlier at whose home you resided was Mr Toyise, is that correct?

XOLA TEMBINKOSI YEKWANI: I was staying in his house but not in the main house in the sense that I would go and eat at his house.

MR JAMIE: So you were staying on Mr Toyise's property if not in the same dwelling, is that correct?

XOLA TEMBINKOSI YEKWANI: The house was at a distance it was not even in his yard, the house that was arranged for me.

MR JAMIE: And you were very upset, sir, when Mr Toyise was arrested and his family members were arrested as well, not so?

XOLA TEMBINKOSI YEKWANI: Yes that's true and I was even angry before he was even arrested because of the things that were done by the police in the community.  Just before his arrest I was even angrier.

MR JAMIE: Yes.  sir you were asked some of these questions before.  Now you must forgive me, I'm going to try not to ask you the same questions.  The incident that evening you've said that you were standing, you and one of the people with you were standing under a tree and two other people were standing under another tree, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: And you were facing Philippi.

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: You said you were waiting for a police vehicle to pass?

XOLA TEMBINKOSI YEKWANI: Yes.

MR JAMIE: And you in fact, you were expecting a Cantor vehicle?

XOLA TEMBINKOSI YEKWANI: Yes that is correct because that was the car that was used to transport more police.

MR JAMIE: The Cantor vehicle is not a sedan vehicle, it's actually almost a little mini-bus type vehicle, a higher than normal vehicle, is that not so?

XOLA TEMBINKOSI YEKWANI: Yes, we used to call it Umgomo because it was not a small van it was actually bigger than the other vehicles.

MR JAMIE: Bigger than the other vehicles and it's fairly distinctive looking, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes it is different and you can see it from a distance.

MR JAMIE: Now sir, just clarify something, you indicated in your statement somewhere that you were waiting for police coming from either Nyanga Police Station or Philippi, in fact that's what you said in your statement, paragraph 1?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: Now Philippi Police Station would be where in relation to where you were standing, sir?

XOLA TEMBINKOSI YEKWANI: It was quite a distance because a police station is next to the railway station but the road was coming through to where I was from Philippi.

MR JAMIE: The vehicle driving toward you from Philippi Police Station would come down Lansdowne Road, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes it goes past Lansdowne Roads and to Nyanga East.

MR JAMIE: So it comes from Lansdowne Road, the police vehicle from Philippi?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: But now what about the police vehicle coming from the Nyanga Police Station, where would that come from, that wouldn't come from Lansdowne Road would it?

XOLA TEMBINKOSI YEKWANI: It would come from a route that was actually visible from where I was, it is called Emms Drive.

MR JAMIE: To come from Emms Drive, so now you've said you were facing Lansdowne Road, you were looking in the direction of Philippi, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: That vehicle from Emms Road, so if a vehicle came from Emms Road it would come from behind you, not so?  It would drive toward Lansdowne Road?

XOLA TEMBINKOSI YEKWANI: Yes that is correct but it would be visible.

MR JAMIE: That means if you were keeping watch for both the vehicle from Nyanga and or from Philippi you would have to both look behind you and in front of you, not so?  You couldn't just look at Lansdowne Road?

XOLA TEMBINKOSI YEKWANI: Yes but Emms Drive was on the other side but not at the back but Philippi was just in front of you.

MR JAMIE: Mr Chairperson, is this an appropriate time to adjourn?

CHAIRPERSON: Yes, I assume you've still got some distance to go, Mr Jamie?  Yes.  We will take an adjournment at this stage and we will reconvene exactly at quarter to two, in forty five minutes time.  So we will adjourn.
COMMITTEE ADJOURNS
ON RESUMPTION

CHAIRPERSON: Mr Yekwani, you are reminded that you are still under oath, do you I understand?

XOLA TEMBINKOSI TEKWANI: (s.u.o.)

CHAIRPERSON: Very well.  Mr Jamie?

MR JAMIE: (cont)
	Mr Tekwani, I was dealing with the question whether or not you expected police to also come from Emms Road and you said that you were, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes.