Amnesty Hearings — East London — 1998-04-17

MR LAX: You see, I thought that after you heard the shot you looked up, you saw the person standing at the back moving round the back of the truck towards the righthand side, I thought you said that you saw him take out a gun and approach Meyers who was at that time already at the door.  That's what I thought I heard you say.

TEMEGANE JOHN MANJIBANI: No, Sir, you're mistaken.  He went to Meyers after he had shot.  Everybody was scared by then, nobody was brave enough to look.  We heard that that was a shot.  We had to run because he was using a gun.

ADV SANDI: Just one question from me.  Mr Manjibani, during the time you were working for Mr Meyers, did you get to know what his political affiliation was?

TEMEGANE JOHN MANJIBANI: No, I did not know.  I did not know what his political affiliation was.  I just heard here that he was a member of the AWB.

ADV SANDI: Where did you hear that he was a member of the AWB?

TEMEGANE JOHN MANJIBANI: From the man that was talking here.

ADV SANDI: You heard that for the first time?

TEMEGANE JOHN MANJIBANI: For the first time.  I was working with him, I didn't ask him which political party he belonged to.  We just worked together, he dropped me here and took me there, we were working together.

CHAIRPERSON: Thank you, you may go.
WITNESS EXCUSED

MR PRIOR: Thank you Mr Chairman, I call Mr Fana Ndoda.

INTERPRETER: Is it possible for the interpreters to have a five minute break please?

CHAIRPERSON: Very well, five minutes.

MR LAX: We're going to take a short five minute break just to give the interpreters a rest.
COMMITTEE ADJOURNS
ON RESUMPTION

MR PRIOR: The witness is Fana Ndoda Mr Chairman.

FANA NDODA: (sworn states)

MR PRIOR: Mr Ndoda, is it correct that during August of 1993 and in particular on the day that Mr Meyers was shot, you were in his employ, is that correct?

FANA NDODA: Yes.

MR PRIOR: Can you tell the Committee what had happened on the day he was shot, that is the 27th of August 1993, in your own words please?

FANA NDODA: We were in the village on a Friday ...[intervention]

MR PRIOR: Can you remember what village that was?

FANA NDODA: Yes.

MR PRIOR: Please tell us.

FANA NDODA: Xhonguga.

MR PRIOR: Please continue.

FANA NDODA: I had been working there for five days only.

MR PRIOR: Were you working with Mr Manjibani on that particular day?

FANA NDODA: Yes.

MR PRIOR: Is it correct it's common cause that you were supplying or selling milk to the local population there?  They were coming with containers and milk was being dispensed from the back of the vehicle, the truck, is that right?

FANA NDODA: Yes.

MR PRIOR: Were you on the back of the truck or were you on the roadway?

FANA NDODA: Yes, I was at the back of the truck.

MR PRIOR: Where was Mr Meyers when milk was being dispensed to the people?  Where was he positioned?

FANA NDODA: He was standing on the ground.

MR PRIOR: To the front or to the back of the vehicle.

FANA NDODA: At the side.

MR PRIOR: Do you know what he was doing whilst you were dispensing milk?

FANA NDODA: I think that he was taking the money from the people.

MR PRIOR: And Donnie Meyers, his daughter, where was she?

FANA NDODA: She was in the truck.

MR PRIOR: Please tell the Committee what happened just prior to him being shot?  Can you tell us in your own words please?

FANA NDODA: I was working with John, there were a whole lot of people, we were selling milk to them.  That man was measuring the milk and I was handing over the milk to the people.  He measured and he'd hand over the milk to me and I would give the milk to the people, that is what we were doing.
	We were still working, as I've explained, we were busy at the back, we were not really looking at any particular person and then a man asked: "Is this milk or is it sour milk", I said: "It's milk"?  I was not even looking at this person because we were working, we were busy, I just heard his voice.
	We carried on working with that man.  After a moment I heard a noise, a bang.  Let me put it this way, I thought it was cricket.  In my ears it was like cricket.

MR PRIOR: Do you mean a cracker?  A fire cracker?

FANA NDODA: Cricket.

MR MBANDAZAYO: Fire cracker, they call it a cricket in Xhosa, it's a fire cracker.

MR PRIOR: Can you say where that noise came from, which side of the vehicle?

FANA NDODA: From the front.

MR PRIOR: Are you able to say whether it was from the left or the righthand side or are you unable to say?

FANA NDODA: From the left because the passenger was on the left side of the truck.

MR PRIOR: Yes, please continue.  Did you see anyone there on the lefthand side of the vehicle?

FANA NDODA: There were a lot of people there, there were a lot of people buying milk.

MR PRIOR: Alright.  You heard this noise, this explosion, this shot, what was the next thing that you recall?

FANA NDODA: We did not run away then.  We sold the milk then a second bang.  I then realised that there was trouble.  I jumped and that man followed me, we ran away.  We didn't even look who it was.

MR PRIOR: When you heard the second noise, where was Mr Meyers, do you know?

FANA NDODA: He was standing there, he was not in the truck.

MR PRIOR: Yes, you said you ran away when you heard the second shot, what was the next thing that happened?

FANA NDODA: Then that man ...[end of tape]
...[inaudible] a small distance.  I went to a house, there were houses to the direction, it was the direction I was running.  I just went into the house, into some house.  I then peeped through the window, I saw the truck driving off or being started first, I then saw it driving away.  
	I went back to the scene and when I got there Meyers was on the ground.  We did not know what to do with him because he was big but fortunately he had not passed away yet, he was still breathing, he was struggling though.  
	After a while I said to the old man, he said to the old man: "John I'm dying now".  Now there was a whole lot of people from the village.  Everybody was standing there looking at Mr Meyers.  A bakkie then came with the registration XP from Umtata, from the direction of Umtata.  There were two policemen ...[intervention]

MR PRIOR: Thank you Mr Ndoda.  I understand that the police then took Mr Meyers and yourselves to the hospital and you went with, is that correct?  We don't need to hear that for the purposes of this matter.  Is that correct, you went to the hospital.

FANA NDODA: Yes, we left him at Ohlsson's Hospital in Nxobu.

MR PRIOR: Alright, thank you.   I just want to understand, from listening to your evidence you are unable to, sorry, you didn't see who was firing or who was making those noises that you heard, is that correct?

FANA NDODA: No.

MR PRIOR: You never saw any firearms there, if I understand your evidence correctly?

FANA NDODA: No, I did not see any firearm.

MR PRIOR: Thank you Mr Chairman.
NO FURTHER QUESTIONS BY MR PRIOR

MR LAX: Sorry, Mr Botma, probably Mr Mbandazayo should go first followed by you, that would probably be a more appropriate way.  We didn't do that the last time but perhaps we should do that correctly now.

MR MBANDAZAYO: Just one point Ndoda, when you heard the second shot, did you see where Mr Meyers was in that particular point in time?  Can you be in any position to tell the Committee where he was at that particular point in time?

FANA NDODA: He was at the side, the righthand side.

MR MBANDAZAYO: The applicants told this Committee that Mr Meyers was in the front, was inside the truck in the font seat on the driver's side and Donnie was on the passenger's side, what would you say to that?

FANA NDODA: Was he in the front?  To me it seemed as if he was at the side standing there.

MR MBANDAZAYO: Okay.  Are you not sure where he was, maybe because the lapse of time because it happened a long time ago or maybe is there anything which prevents  you from remembering?