Amnesty Hearings — East London — 1998-04-28

MR WESSELS: In the papers supporting your application you refer to an incident when Chris Hani died and you make reference to the actions of the victim in response to the death of Chris Hani. Could you just elaborate on that? How did the victim respond to Chris Hani's death? On page 22 of the documents there is reference to this at the bottom. I believe the applicant cannot hear the interpreter.

CHAIRPERSON: When Mr Hani died did the victim display any peculiar response to this?

SIMPIWE LINCOLN BLEKI: He was very glad, very happy.

MR WESSELS: What did he, how did he express his happiness at the time?

SIMPIWE LINCOLN BLEKI: He walked up and down the streets with his weapon, remarks that he would pass that the communist is dead, he is now at peace.

MR WESSELS: And how did the community respond to the reactions displayed by the victim?

SIMPIWE LINCOLN BLEKI: That triggered a whole lot of hatred towards the late Mr Maliti.

MR WESSELS: Is it correct that the culmination of all of these actions lead to a earnest request directed at the victim to leave the township and to move to the built-up area?

SIMPIWE LINCOLN BLEKI: That is correct.

MR WESSELS: And did he pay any attention to this earnest request by the community for him to leave?

SIMPIWE LINCOLN BLEKI: No he did not take heed at all. He did not care about peoples' rights. He did not listen to anything that people said.

MR WESSELS: So eventually what decision did you take in regard to the victim?

SIMPIWE LINCOLN BLEKI: As I was also a victim to him and I could not rest in Middelburg because he was after me all the time. And also seeing members of my community in such oppressive situations I then decided to shoot him and to kill him. That is a decision that I took as a result of the situation.

MR WESSELS: How did you believe would this action by you which you intended taking assist the community in the struggle in which they found themselves?

SIMPIWE LINCOLN BLEKI: First of all Mr Maliti worked for the security forces in Middelburg. We had our own leaders that he was after and oppressing. The community would gain a lot. Especially our leaders who played a major role in bringing about the transformation in our country. Killing him would bring peace in Middelburg. Especially in the transformation towards democracy. So that democracy would come in a peaceful manner, without our leaders being oppressed in Middelburg.

MR WESSELS: And was this decision which you decided or which you took was it a decision which you had taken yourself or was it a decision which you took in consultation with the executive of the ANC at the time?

SIMPIWE LINCOLN BLEKI: I did try to talk with other members, leaders of the African National Congress in the community. I also knew that they knew a lot about protection in our community. They were also aware of Mr Maliti's actions. Could the speaker please repeat the last sentence? I did try to tell them how I intended to deal with Mr Maliti.

MR WESSELS: And was there any reaction from those with whom you shared this?

SIMPIWE LINCOLN BLEKI: They were not against my views. They did not give me an order either to continue. I took initiative to deal with Mr Maliti.

MR WESSELS: You were not seeking an order or authorization, it was solely a decision taken by yourself to deal with the victim in order to achieve the objective?

SIMPIWE LINCOLN BLEKI: I did not want their order necessarily. I just was sharing with them the decision that I had taken against the victim who was very cruel towards the community.

MR WESSELS: In executing this decision of yourself you required assistance and in doing so you approached Mr Oscar Nongongo, that is the second applicant in this matter, who was resident in Port Elizabeth. Is that correct?

SIMPIWE LINCOLN BLEKI: That is correct.

MR WESSELS: You had got to know Mr Nongongo over the years as a fellow comrade?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: And was he also detained with you on occasions?

SIMPIWE LINCOLN BLEKI: Yes there was a time when we were both arrested together.

MR WESSELS: When you approached Mr Nongongo was he agreeable to assist you in the execution of this plan?

SIMPIWE LINCOLN BLEKI: Yes he fully agreed.

MR WESSELS: You then proceeded in making arrangements for the execution of this plan, eventually proceeding to Middelburg on Saturday the 7th of August 1993 in order to observe and scout the area where the victim was staying?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: Throughout the period that you intended executing this plan was your aim directed solely at the victim Mr Maliti or did you not care whether other innocent bystanders were also injured in possible crossfire?

SIMPIWE LINCOLN BLEKI: This was solely directed at Mr Maliti, nobody else. That we were certain of.

MR WESSELS: So you went to great lengths to ensure that you would get the victim on his own?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: As you have set out the observations which you held as it is set out in your affidavit it eventually resulted in you and the second applicant approaching the house of the victim on Sunday morning the 8th of August 1993?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: And on entering the house of the victim, where did you find the victim?

SIMPIWE LINCOLN BLEKI: He was sitting on a chair looking towards us.

MR WESSELS: And what happened then, very briefly?

SIMPIWE LINCOLN BLEKI: We got to the house, we knocked. I then heard his voice. Oscar was just ahead of me. I knew according to our plans that Oscar would not know this man. I then tried to alert him. When we realised that it was him we shot at the man. We then heard somebody crying in the background. A lady's voice. As our intention was not to shoot anybody else or to injure anybody else we only wanted Mr Maliti we tried to shoot him as much as we could and then we ran off.

MR WESSELS: At the time when you shot at the victim was your intention to kill him?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: And did both you and your co-applicant, Oscar shoot at Mr Maliti?

SIMPIWE LINCOLN BLEKI: Yes, both of us.

MR WESSELS: After having shot Mr Maliti you proceeded to a so-called hiking spot outside of Middelburg where you intended to leave the area in an arranged taxi?

SIMPIWE LINCOLN BLEKI: That is correct.

MR WESSELS: But you were arrested before you could leave the area. Is that correct?

SIMPIWE LINCOLN BLEKI: That is so.

MR WESSELS: You were eventually charged in the regional court at Middelburg?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: And how did the community in general react to you being charged there in the regional court?

SIMPIWE LINCOLN BLEKI: What I could say is that the community was relieved in what happened to the victim. I say this because of the way they supported us the first time we went to court. I remember very well because even the schools in Middelburg showed support. To me they were showing that they were supportive of what we had done.

MR WESSELS: And were you also assisted by the provision of defence counsel to appear on your behalf at the trial?

SIMPIWE LINCOLN BLEKI: Correct.

MR WESSELS: You were eventually convicted of attempted murder and offenCes under the Arms and Ammunition Act and sentenced to an effective ten (10) years imprisonment, which you are presently serving?

SIMPIWE LINCOLN BLEKI: Correct.

CHAIRPERSON: Which particular offences under the Arms and Ammunition Act?

MR WESSELS: It is possession of an unlicensed firearm and possession of ammunition. Is that correct Mr Bleki?

CHAIRPERSON: Unlawful possession of the ammunition?

MR WESSELS: That is so.

SIMPIWE LINCOLN BLEKI: That is correct.

CHAIRPERSON: Wait just before you get. And those two offenses were, he was separately charged for?
(Could the judge please speak a little bit louder?)