Amnesty Hearings — Pinetown — 2000-02-15

MR DEHAL: Thank you Sir.  May I take you through the statement?  But firstly, this is your statement that you have made to us as your legal representatives and you've signed it and initialled the alterations thereon, correct?

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: In the statement you say in paragraph 1 that you're an adult male, you were born on the 7th June '63 but you're currently detained at Westville Prison, is that correct?

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: In paragraph 2 you say that you became a member of the ANC in 1988 under the wing of Operation Vula.  You joined the ANC to fight against apartheid.  You were also a member of the ANC Youth Brigade and you were responsible for the protection of the ANC members and supporters, is that correct?

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: Now the Operation Vula that you speak of, is this the well known famous Operation Vula, operation of MK, of uMkhonto weSizwe, in which Mr Ronnie Kasrils and Comrade Mac Maharaj featured prominently?

MR PANDAY: Objection, that's leading the witness Chairperson, that's not even in his statement.

MR DEHAL: I accept that's leading, I don't think that's unfair, this is common knowledge as well.  Thank you.
	In paragraph 3 ...(intervention)

MAFANDO JOKONIA MAFU: Yes that is so.

MR DEHAL: Thank you.  In paragraph 3 you say
"Shortly after I was recruited by Operation Vula as a cadre with uMkhonto weSizwe I was taken to Transkei where I was given formal training in the discipline of an organisation of MK and taught the use of firearms and ammunition, is that correct?

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: You then say that you were recruited into MK on the Operation Vula by Mr Sipho Mkhize, your commander, and Mr Archie Gumede, is that correct?

JUDGE DE JAGER: I think if he confirms that the whole statement is correct, let's not ask every sentence whether it's correct.

MR DEHAL: I thank you.  Is this the Archie Gumede, who was a lawyer, a human rights lawyer here in the greater Durban area?

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: And he is now late?

MAFANDO JOKONIA MAFU: Yes he is late.

MR DEHAL: He then continued to say
"I was trained amongst other things in the use of handgrenades, shotguns, pumpguns, HMC's limpet mines and various other arms and ammunition"
On your return to your area you became the commander of the youth league in your area with the permission of your commander you recruited various cadres within your unit and assisted to politicise them by educating them on the discipline of the organisation and the use of arms and ammunition.

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: This education, did it take the form of the use of literature like Sitchaba?

MAFANDO JOKONIA MAFU: No it was informal training, just what I could show them.

MR DEHAL: Okay, in the next paragraph you say
"In the area of Nyanazulu in Port Shepstone there was constant fighting between the ANC and the IFP.  ANC members and supporters were physically harassed by the police who worked hand in hand with the IFP.  ANC supporters were prohibited from using the recreational facilities.  At ANC rallies and meetings you were always ambushed by the IFP and the police and your comrades were killed."

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: And then you continue in paragraph 5 to say that as a leader you wanted to fight this problem to protect the ANC members.  You had met and decided on a plan to eliminate informers and Ilikuzeng Mkhize, the deceased in this matter was an informer and he was responsible for the deaths of many comrades.  He was therefore identified as a legitimate target.  You were concerned about the safety of your people.

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: In paragraph 6 you then continue to say
"On a certain Tuesday at eleven you had discussed with your commander of the ANC in the area, one Cyril Shezi, a plan to eliminate the deceased.  At the meeting Cyril took the decision that the deceased had to be killed."

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: Now this Cyril Shezi, was he a part of the Operation Vula or was he part of ANC structures in the area?

MAFANDO JOKONIA MAFU: He was not part of Operation Vula but he was in ANC structures.

MR DEHAL: It was Sipho Mkhize whom you refer to in paragraph 3 who was a part of Operation Vula, correct?

MAFANDO JOKONIA MAFU: Yes he was our commander in Operation Vula.

MR DEHAL: You then continue to say it was agreed that
"a group of us would see to it that this was in fact done.  Everyone present at the meeting unanimously agreed with the instruction.  It was made clear at the meeting that the deceased was going to be killed because he was an IFP member who was a police informer and who was responsible further for killing several ANC members."

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: You then say that
"It was well known that witchcraft was embraced by the IFP in it's onslaught on the ANC and UDF in the escalating war at the time.  You say the deceased, it was believed also practice that the ...(intervention)

CHAIRPERSON: Will you remember that this is being interpreted not only for the applicant but for the members of the public who have an interest in the matter.  So give them time to do so?

MR DEHAL: I apologise.  Thank you.
	Sorry, may I just repeat that last part?
	It was well known that witchcraft was embraced by the IFP in it's onslaught on the ANC, UDF in the escalating war at the time?

MAFANDO JOKONIA MAFU: Yes that is correct.

MR DEHAL: The deceased, it was believed, also practised the use of witchcraft in his fight against the ANC?

MAFANDO JOKONIA MAFU: Yes.

MR DEHAL: This witchcraft was known to be used to help protect them in the IFP and their property against attackers and to help attack ANC.

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: The deceased was known to have lived by such witchcraft practice.

MAFANDO JOKONIA MAFU: That is correct.

MR DEHAL: You then say that you distinctly remember that the deceased's son, Kenneth, was also present at this meeting?

MAFANDO JOKONIA MAFU: Yes he was present.

MR DEHAL: Is this the meeting at which the decision was taken to execute the deceased?

MAFANDO JOKONIA MAFU: Yes because the last time I saw Kenneth it was at that meeting.

MR DEHAL: Kenneth is the deceased's son?

MAFANDO JOKONIA MAFU: Yes.

MR DEHAL: Did Kenneth disagree in any way or did he agree with the decision of the ANC structures at that meeting, to execute his father, the deceased?

JUDGE DE JAGER: ...(inaudible) seem to be relevant but I think it's very, very unfair to lead evidence about the sons involvement in killing his father.  It may be relevant but I just want to ask you to make very, very sure about those facts because it may be said today that it's so and it could really reflect on the future of such a young man.  We've got evidence that he didn't agree for instance to light the body of his father, so to strike the match, so I think that's common cause because he himself said so but I'm not sure whether he ever agreed with any decision to kill his father.

MR DEHAL: Thank you Mr de Jager, in fact my instructions are that and I'm wondering whether this applicant will confirm that and this was the endeavour I was hoping to achieve.  The son was present at the meeting but he did not express openly his agreement with the decision to execute his father nor did he dissent from such an agreement and I think pretty obviously would not have done so.

JUDGE DE JAGER: He wouldn't have done so, he's one in a crowd of 200 at least?

MR DEHAL: Absolutely yes.

JUDGE DE JAGER: But it wouldn't implicate that he sought of agreed?