Amnesty Hearings — Cape Town — 1999-10-28

CHAIRPERSON: Good morning everybody.  Before we proceed with this Hearing, for the purposes of the record, I'm going to announce my name and I'm going to ask my colleagues to do the same and the respective representatives.
	I'm Judge Ronnie Pillay and I chair this hearing.

ADV BOSMAN: I'm Francis Bosman a Member of the Amnesty Committee on this Panel.

ADV SIGODI: I'm Sibongile Sigodi.  I'm a Member of the Amnesty Committee.

MR PAPIER: Thank you Judge.

CHAIRPERSON: You can sit while you're talking.

MR PAPIER: I'm Taswell Papier.  I act on behalf of the applicant in this matter, Mr Fumanikile Booi.

MS PATEL: Thank you Honourable Chairperson.  Ramula Patel, Leader of Evidence.  Honourable Chairperson, perhaps it's appropriate at this stage just to mention the position of the victims.  We were unable to locate the next of kin of the deceased, Mr Els, or Mr Moyese, who was a victim in this matter and the other victim, Mr Beeslaar was involved in this incident has elected not to participate in the proceedings.  Thank you.

CHAIRPERSON: What has been done to locate the first two mentioned victims?

MS PATEL: An ad was placed, I've got a copy of it, I just can't make out which newspaper it was placed in, but an ad was placed to try to get hold them and then our investigative unit, in terms of Mr Moyese, contacted the police and investigations were made through those Channels and he's apparently moved home quite a few times and we've since not been able to locate him.  No-one knows whether he's presently employed either.

ADV BOSMAN: Ms Patel, may I just ask, was the advertisement placed in an Afrikaans newspaper.

MS PATEL: I have an English copy here, unfortunately.

CHAIRPERSON: Ms Patel, we're satisfied that the Commission has done sufficient to locate those victims.  It's unfortunate that it was not successful.  In regard to the third one you say that he's indicated that he's not willing to participate in these proceedings?

MS PATEL: That is indeed so, Honourable Chairperson.

CHAIRPERSON: I noticed that there are members of the public who have not been allowed or given any hearing aids, will the technician please see that they receive?
Yes, Mr Papier.

MR PAPIER: Thank you Judge.  We are ready to proceed and to that end I call the applicant Mr Fumanikile Booi.

FUMANIKILE BOOI: (sworn states)

CHAIRPERSON: Yes, Mr Papier.

MR PAPIER: Thank you Judge, thank you Commissioners.

MR PAPIER: Mr Booi you have applied for amnesty in respect of the death of Mr Nicholas Johannes Els who died on the 7th, round about the 7th of July 1990 in Nyanga, is that correct?

FUMANIKILE BOOI: Correct so.

CHAIRPERSON: Mr Papier at some time during the Hearing we would expect you instead of your client to indicate for which offences he is applying, given the fact that the niceties of law are not always understood by the man in the street.

MR PAPIER: Thank you.  Thank you Judge.  Now Mr Booi, you have submitted an application to the TRC which appears on pages 1 to 7 in the bundle, a copy of which you have in your possession as well, is that correct?

FUMANIKILE BOOI: Correct My Lord.

MR PAPIER: Is it correct that at the time of the incident, being the 7th of July 1990, you were a member of the African National Congress and in particular it's military wing, Umkhonto weSizwe?

FUMANIKILE BOOI: It's correctly so.

MR PAPIER: Can you briefly inform this Committee of your recruitment and involvement in MK prior to this incident?

FUMANIKILE BOOI: I was recruited into the underground structure, MK machinery, into the ANC in 1979 while I was residing in old Crossroads.

CHAIRPERSON: In?

FUMANIKILE BOOI: In old Crossroads.

MR PAPIER: Yes.  Do you... Now in 1980, were you involved in the operations of MK at all?

FUMANIKILE BOOI: Yes, I was involved.

MR PAPIER: Can you just ...(intervention).

CHAIRPERSON: When did you get into MK?  You were recruited into the ANC in 1979.

FUMANIKILE BOOI: I was as well recruited into the underground structure of MK in the same year.

CHAIRPERSON: Same year?

FUMANIKILE BOOI: Yes, by Comrade Langa.

MR PAPIER: You can proceed.

FUMANIKILE BOOI: Yes, 1980 I became involved in the political activities of the ANC.

CHAIRPERSON: 19?

FUMANIKILE BOOI: 80.

CHAIRPERSON: 80?

FUMANIKILE BOOI: Yes.  I was working with ANC members such as Oscar Mpetha, Stuurman, old stalwart of the MK and I was highly involved in Rand boycott as instructed by the organisation and also to organise the youth around the country, in the Western Cape at that time.

MR PAPIER: Yes.  Now you were also in August 1980, you were detained with Oscar Mpetha and 17 others around Cape Town, is that correct?

FUMANIKILE BOOI: Yes, we were later detained and charged.  The charges were later dropped from me in 1983, after 3 years.

CHAIRPERSON: You were detained - I don't follow that - when?

FUMANIKILE BOOI: I was detained together with the late comrade Oscar Mpetha and the 18 others in August 1980.  I stayed in solitary confinement for the rest of 1980 up to 1981 under Section 6, the old law and then in 1981 I was formally on the 15th of April, charged with other co-accused of mine and then we were awaiting trial at Pollsmoor, refused bail for three years.  After the three years I was acquitted.

MR PAPIER: What were the charges against you Mr Booi?

FUMANIKILE BOOI: The charges against us were two counts of murder and terrorism.

MR PAPIER: Now we would for purposes ...(intervention)

ADV SIGODI: Sorry, were you acquitted or were the charges dropped?

FUMANIKILE BOOI: I was acquitted.

MR PAPIER: Now for purposes of this presentation of evidence we would just briefly go through Mr Booi's history with MK and then I'll of course get to the facts in issue.  Now in ...(intervention).

CHAIRPERSON: Were you charged for any of the matters for which you apply for amnesty now?

FUMANIKILE BOOI: Yes, I was.

CHAIRPERSON: Okay, then we can carry one.

MR PAPIER: Thank you Judge.  Could you briefly tell us Mr Booi, in 1985 you joined the ranks of MK in Lesotho, is that correct?

FUMANIKILE BOOI: Yes, that is correct.  I joined the ranks of MK in Lesotho, advised to by the Commander, Sipho.  I arrived in Lesotho, I was deployed as a Political Commissar on a transit group and as a security screener for those who were coming from South Africa, to investigate whether there were no enemy agents among them.  I later in 1986 left Lesotho for further military training.  I went to Angola via Lusaka.  I met Comrade Kiswane in Lusaka who asked me to work with him and report directly to him on those trained comrades in Angola who were ready and willing to be deployed inside the country.

CHAIRPERSON: What rank did you have then?

FUMANIKILE BOOI: At that particular moment I was just a Commissar, a Political Commissar.

CHAIRPERSON: In Lesotho?

FUMANIKILE BOOI: Yes, in Lesotho and also I was working closely with our security structure in screening those who come from South Africa.  If I may continue?
	Comrade Chris Hani instructed me in Lusaka that on my arrival in Angola, I will meet many of comrades, in particular those coming from the Western Cape.  I'll have to liaise with them and find out who are those who are willing to come back and fight inside the country.  
	He further instructed that I be sent to a special training camp in Pango, that is part of Angola where I was supposed to be doing military combat work, tactics, firearms, topography and engineering and intelligence as a ...(indistinct) command.  That I did do for 6 months in Pango.

CHAIRPERSON: Did?