Amnesty Hearings — Johannesburg — 1998-10-13

CHAIRPERSON: Then, if I am not mistaken Mr Mhlaba is appearing in the next matter?  What is the position with that Adv Steenkamp?

ADV STEENKAMP: I am very sorry, I do apologise Mr Chairman.  Mr Chairman, the next matter is ready to be called, it is the amnesty hearing of Stanley Wanyane, Batwanda Godlo and Mr Masiso.  It is applications 3112, 3111 and 3110 and you are absolutely correct, Mr Mhlaba is appearing on that case and we are ready to start with that matter immediately Mr Chairman.

CHAIRPERSON: All right, we will proceed to the next matter and Mr Mhlaba, will you get your clients in?

ADV STEENKAMP: Mr Chairman, the bundles are being made available to you now.  I apologise that you didn't have that previously.

CHAIRPERSON: Thank you.  We will proceed to the next matter on our role, which is the application of Stanley Molahlene Wanyane and two others.  For the record, it is Tuesday, 13th of October 1998.  It is a sitting of the Amnesty Committee, presided over by myself, Denzel Potgieter.  I am assisted by Adv Gcabashe on my right and Mr Sibanyoni on my left.
	The matters are those of Messrs Wanyane, Godlo and Masiso.  The Wanyane matter is AM3112/96, the matter of Mr Godlo is AM3111/96 and the matter of Mr Masiso is AM3110/96.
	Just for the record, Adv Steenkamp?

ADV STEENKAMP: Mr Chairman, thank you, I am the Evidence Leader, and I am also appearing on behalf of Inspector E. Moletsani.  He appears on page 1, if I can refer you to that, Mr E. Moletsani, he was a victim in this matter.  As you wish thank you Mr Chairman.

CHAIRPERSON: Thank you Adv Steenkamp.  Mr Mhlaba, do you want to put yourself on record?

MR MHLABA: Thank you Mr Chairman.  I am appearing on behalf of the three applicants.  I will commence by leading evidence of Molahlene Stanley Wanyane, being the first applicant, and he will want to testify in English, thank you.

CHAIRPERSON: Thank you Mr Mhlaba.  You've got nothing else put on record?

ADV STEENKAMP: Mr Chairman, unfortunately just a matter of Section 19(4) requirements, if you would allow me Mr Chairman.
	Mr Chairman, as far as the requirements of Section 19(4) is concerned, pertaining to this specific hearing, all the victims were notified.  Yesterday Senior Inspector L. van Heerden was here, actually at the hearing.  He indicated to me that he is not really interested in the hearing at all.	
	As far as the other victims are concerned, except Mr E. Moletsani, their names were called out, they were notified, they are not in attendance here, except Inspector E. Moletsani, who is opposing the applications, all three applications, on the basis that there was no political motive for the incident which occurred near Magaliesburg.  As you wish Mr Chairman.

CHAIRPERSON: Thank you Mr Steenkamp.  Mr Mhlaba, do you wish Mr Wanyane to be sworn in?

MR MHLABA: Please Mr Chairman, thank you.

CHAIRPERSON: Adv Gcabashe, do you want to swear him in.

MOLAHLENE STANLEY WANYANE: (sworn states)

MR MHLABA: Thank you Mr Chairman.  Mr Wanyane, can you for record purposes, can you briefly explain to the Committee your date of birth and the place of birth and your educational background?

MOLAHLENE STANLEY WANYANE: I was born on the 29th of May 1964 at Meadowlands, Soweto.  I started my primary education in the far Western Transvaal, at a place called Makwassie, until standard 4.  Thereafter I left for Potchefstroom to stay with my uncle, while I attended my school from standard 5 until standard 8 at Trokwe High, ...(indistinct) township, Potchefstroom.
	I then went to Itsoseng township, nearer to Lichtenburg in the Western Transvaal in the former Bophuthatswana.  Early in 1980's I returned home to the Meadowlands, where I finished my matric at Gelokitso High School at Meadowlands.
	I attended University in the Eastern Cape, Rhodes University from 1989 and 1990 to pursue a degree in law.  I only stayed there for two years and decided to return home and enrolled with UNISA in 1991 to complete the degree, but unfortunately I could not complete it because we were arrested for this incident some four weeks before the examination.
	After our conviction, I enrolled again with UNISA but changed fields and majored in the political sciences, African politics and politics.
	I graduated cum laude in 1996 and am on the verge of completing an honours degree, hopefully with specialisation in African politics.  Thank you.

MR MHLABA: Thank you Mr Wanyane.  During the occurrence of being a student, did you participate in any political movements and if so, give us the details thereof?

MOLAHLENE STANLEY WANYANE: My involvement in student organisations, began with COSAS.  I was active in the Student Representative Council in the early part of the 1980's, at Gelokitso until I finished matric.
	I was also a member of SASCO, the student congress at University.  In 1997/1998 I was the Chairperson of the Meadowlands branch of the then Soweto Youth Congress.  I served also in the Walter Sizulu Zone of the Soweto Youth Congress, that comprise areas Dobsonville, Meadowlands, Diepkloof and Dube.
	I also represented the Branch in the then Area Committees of the United Democratic Front.  I served for a while in the Soweto Civic Association, I was helping the comrades there, in my capacity as the Chairperson of the Youth Congress and I also served for a while in the Central Executive Committee of the Soweto Youth Congress during the state of emergency years.
	That was the time when virtually the entire Executive Committee was in detention.  I was one of the very lucky few not to have been detained.

MR MHLABA: Thank you Mr Wanyane.  You are applying today for amnesty and I want to draw your attention to page 3 of the bundle, with the panel's permission, page 3 of the bundle, paragraph 9.
	The offences on which you are applying amnesty for are murder, attempted murder, indicate 7 charges, possession of AK47 rifles, rounds of ammunition for AK47, eight magazines and seven mini-limpet mines, Makarov pistol and robbery of a motor vehicle.  Are you, have you ever appeared in court, and if so, are you serving sentence in respect of any of these offences?

MOLAHLENE STANLEY WANYANE: Yes sir, I appeared in court and was convicted on the 15th of February 1993, in the Rand Supreme Court and was sentenced to 15 years imprisonment for only two charges, the robbery of the motor vehicle and the murder of Mr John Babas.

MR MHLABA: Can you Mr Wanyane, explain to the Committee the circumstances under which these offences were committed and exactly how everything was planned and executed?