Amnesty Hearings — Cape Town — 1998-09-08

WALTER FALIBONGA TANDA: There are lights at Cross Roads, that's why I could see them from a distance and said we must hide, using a shack as our cover.  And where we were there was no bright lighting.  It was darkish but you could see someone from a distance.

ADV SANDI: How did you see the colour and type of uniform these two people were wearing?

WALTER FALIBONGA TANDA: I saw it when these people were in the street between the houses made of bricks, going towards the direction of the shacks.

CHAIRPERSON: You say: "street", is that the same thing that you talked about as a footpath?

WALTER FALIBONGA TANDA: If you can see the police station at Cross Roads there is a street from the police station and then a street going this way towards the houses made of bricks.  There is a street that crosses towards the shacks.

CHAIRPERSON: The point was this that I heard the word: "footpath" being given as the place where the shooting was done.  Was it a footpath which was sometimes used by motorcars as you said, or is it a street that is well lit?

WALTER FALIBONGA TANDA: I said when I answered this question, that people on foot can walk on it, even a person can use a car to drive because it's an open field of sort.

CHAIRPERSON: So it is not a street?

WALTER FALIBONGA TANDA: No, it is not a street.

NORMAN ARENDSE: Mr Tanda, were you watching these two persons for while, and if so for how long were you watching them?

WALTER FALIBONGA TANDA: I saw them when they were approaching, going over this open veld like place.  As I had my weapon on my body when they were coming I took cover with the shacks with the intent to position myself properly so that when they appear nearer to us I can then use my weapon.

NORMAN ARENDSE: When you saw them for the first time, were they walking in a street where you could see them?

WALTER FALIBONGA TANDA: Yes.

NORMAN ARENDSE: And the street itself, was it, did it have lights?

WALTER FALIBONGA TANDA: Yes, there are very long poles at Cross Roads that light up the location.  Where they were coming from they have those lights, that's how I could see they were wearing police uniforms, and then I positioned myself between the shacks.

NORMAN ARENDSE: So would it be correct to say that you observed them for a good few minutes before you decided to attack them at or near the footpath which the Chairperson is referring to and to which you referred to?

WALTER FALIBONGA TANDA: Yes, I did look at them for some time but it is not a long time.  I could then prepare myself to tell these Africans how they must position themselves in preparation of an attack.

NORMAN ARENDSE: Were you the only one who shot at the two persons involved?

WALTER FALIBONGA TANDA: Yes, myself alone.

NORMAN ARENDSE: Are you sure that none of Simon or Graham shot at them?

WALTER FALIBONGA TANDA: Yes, I'm certain.

ADV SANDI: Did they tell you that Mr Tanda, did they say to you they did not open fire at these two policemen?

WALTER FALIBONGA TANDA: As I say, they gave me firing cover.  This means they were keeping watch over my back.  It is - the target was in front of me alone, it was I who was in close range with the target.

CHAIRPERSON: Were the identities of these two victims ever revealed to you?

WALTER FALIBONGA TANDA: You mean, what do you mean Sir?

CHAIRPERSON: Their names, where they come from, details of that kind.

WALTER FALIBONGA TANDA: No, I only got to know that they were policemen.

NORMAN ARENDSE: Mr Tanda, is it correct that we also know now that of the two, only one was a policeman and the other one was an employee of Spoornet and that information you got from your legal representatives after they went through the police docket?

WALTER FALIBONGA TANDA: Correct, I got that information from my attorney.

NORMAN ARENDSE: Chairperson, just for the record, it also appears from the photographs that the deceased is still clothed in a Spoornet uniform which is also a blue uniform but which has a distinctive yellow Spoornet marking on the left shoulder.
	Mr Tanda, were you arrested at all in connection with this particular incident?

WALTER FALIBONGA TANDA: Correct.

NORMAN ARENDSE: Did you appear in court in connection with the incident?

WALTER FALIBONGA TANDA: Correct.

CHAIRPERSON: How soon after this incident were you arrested?

WALTER FALIBONGA TANDA: I was arrested in 1994, in February 1994  during the attack of Crazy Disco at Newcastle.

NORMAN ARENDSE: Now you appeared in court in connection with this case several times in Mitchells Plain Court, is that correct?

WALTER FALIBONGA TANDA: Correct.

NORMAN ARENDSE: And the case was withdrawn against you?

WALTER FALIBONGA TANDA: Correct.

CHAIRPERSON: What about your two colleagues, were they also arrested?

WALTER FALIBONGA TANDA: No, they were not arrested.

CHAIRPERSON: And when was the case withdrawn?

WALTER FALIBONGA TANDA: I cannot remember the date but it was during 1995.

CHAIRPERSON: Were you in custody throughout that period or where you on bail?

WALTER FALIBONGA TANDA: I had been sentenced for 25 years for the case I had done at Newcastle and the case at Cape Town was a further charge.

CHAIRPERSON: I see.  So what you're really saying is whilst that other case involved you, you were making appearances in this matter here and the case was withdrawn.  I see.  Alright, carry on.

DR TSOTSI: Why was it withdrawn?

WALTER FALIBONGA TANDA: Yes.

DR TSOTSI: Why?

WALTER FALIBONGA TANDA: I cannot answer the question on behalf of the one who acquitted me, who withdrew the case.  I'm sorry.

DR TSOTSI: You were not given a reason why the case was withdrawn?

WALTER FALIBONGA TANDA: What I noticed during the whole time of my appearance in court was that those who led the case, the investigators and so on, they did not go to court.  I think therefore that that could be the reason why the case was withdrawn.

DR TSOTSI: Maybe Mr Arendse can help us there.

NORMAN ARENDSE: I'm afraid I can't.  Presumably because by that time Mr Tanda had already been found guilty and sentenced to 25 years in connection with the Newcastle matter and I take it the investigators didn't think that it's worthwhile pursuing the matter any further.

CHAIRPERSON: Yes, proceed please.

NORMAN ARENDSE: Chairperson, just for the record, it also appears from the docket that an inquest was held into the deaths of the two persons involved and the finding was that the inquest court couldn't find on the evidence who the person or person responsible was or were for the deaths of these two persons.
	Mr Tanda, how do you - you're now sitting here in 1998, this incident happened towards the end of 1992, you killed human beings, two persons, one a policeman and one an employee of Spoornet.  We don't know but presumably they had family, wives, children, dependants, how do you feel about the fact that you killed these two persons?

WALTER FALIBONGA TANDA: Firstly, I want to say, regarding the victim who was walking with the policeman, if his family members or his dependants or wife or whosoever that I'm feeling very remorseful because the clothes he was wearing at the time looked very much like that of a policeman.  And to the family and his relatives I want to apologise.  The incident happened more because he was walking with a policeman.  I want to apologise to his family.
	Also to the policeman, although we know that the police during the time of apartheid, their families even though they were working, doing things against their nation, they understand that but I want to apologise to them and want to say that that time was a time of conflict, we were fighting against the government.  I think this time is a time of reconciliation and would ask their families to hold hands with us, and this is no more a time of conflict, thank you.