Amnesty Hearings — Bloemfontein — 1999-05-27

CHAIRPERSON: Yes, go ahead.
MR MBANDAZAYO
"I, the undersigned, Thembinkosi Ngubeni, do hereby make an oath and state that I am the applicant in the undermentioned incidents, having submitted my application on the 11th April 1997, whilst being held at Leeukop ...(indistinct) Prison, Johannesburg. The texts to which I depose are true and correct and within my personal knowledge, unless the contents indicate otherwise.
I was born on the 30th September 1964 at Katlehong at 216 Twala Section, Gauteng, and I grew up in Gauteng. We were six children in home and I am the second-born child. My father was a labourer at a factory and he is presently on old age pension and my mother was a housewife. I did my primary education at Tulise Lower Primary up to Std 2 and I moved to Ndogozo Higher Primary where I did Stds 3, 4 and 5. I did Stds 6 to 8 at Imzama Secondary School at Newcastle. I did Std 9 at Fumana High School in 1981. Then it is where I left school due to financial problem.
I joined PAC through Azanla in 1987. I joined the task force of Apla in 1989 under the command of Apla Commander Bongani Moyo. In waging the armed struggle Apla had set up task forces which consisted of internally trained cadres. I was also one of those cadres belonging to a task force. 
My general instruction as a task force member was to assist when called upon to execute certain orders, which would be geared towards advancing the armed struggle, directly or indirectly. Further I was to obey the instructions of the commander and co-operate with the commander. It was in this context that I became part of a unit that attacked and repossessed money from the Cash in Transit vehicles near Cleveland, Gauteng.
On Wednesday, two weeks before the incident, I was called by Bongani Moyo and he told me that he wanted me to come to his place the following day in the morning. On arrival on Thursday morning, he told me that he wants us to do reconnaissance of the Cash in Transit that day. He told me that he has already did the reconnaissance on his own. We did the reconnaissance on that Thursday and Friday and again on the following Thursday and Friday.
On Thursday night, the 19th September 1991, the other members of the task force were called by the commander, Bongani Moyo. The other members were Trevor Masilo, Edwin Tosamilo Simelane, Freddie Makwe and Clive Majola. The commander, Bongani Moyo, briefed the members of the unit about the operation to go and attack and on the 20th September 1991 and ...(indistinct).
He told us that the purpose of this was to assist in getting money by whatever means for purposes of securing arms and ammunition and also for purposes of facilitating the mobility and survival of Apla cadres. To utilise portion of whatever money we would have procured by whatever means for our own unit in ...(indistinct) the armed struggle. He further told us we should obey his instruction as a commander and co-operate. He gave each of us a 9 mm pistol with one magazine in each pistol. Bongani had a AK47 rifle.
On the 20th September 1991, we woke up early in the morning and we used a Nissan bakkie which was brought by the commander. I was driving the vehicle. Trevor and Bongani were also in the front and the other three were at the back of the bakkie. We drove to a certain plant in Johannesburg and we followed the Cash in Transit vehicle as it was coming out of the plant up to next to Cleveland.
When the Cash in Transit vehicle stopped at a T-junction Bongani and three other members who were at the back of our bakkie alighted and I was left in the bakkie with Trevor. Bongani approached the bakkie from the passenger's side and he was being followed by the other three members. I do not know what happened when he approached the passenger side as he was out of sight, but I heard a gun shot and I saw the driver coming out of the vehicle, running and stumbling and he was also bleeding.
Comrade Edwin drove the Cash in Transit vehicle and the passenger, who was dead, was inside. And we went to a dump site in Vosloorus where we dumped the Cash in Transit vehicle and the dead passenger.
We took the money and we went to a house in Extension 10 in Vosloorus, where we counted the money and we left the money with Bongani. Bongani told us what happened when he approached the vehicle that the passenger drew a pistol and he shot him and the bullet went through him and hit the driver who also later died.
Subsequent to this incident I was arrested and was sentenced to 28 years in prison for armed robbery, murder and possession of arms and ammunition.
Whilst being held at Leeukop ...(indistinct) Prison, one of the members of Apla came to see me in prison and we discussed the possibility of escaping to be able to continue with the struggle. This Apla cadre was known to me as Mrapapa. I told him to arrange a firearm for me and in the meantime I will arrange other prisoners to be part of this plan to escape. Mrapapa subsequently brought the firearm and also arranged a transport in case I do not manage to get a vehicle inside the prison. 
On the 28th July 1993, I managed to escape and took the prison vehicle and drove away with it. But we met police on the way and there was a shoot-out and I was shot in the process and subsequently arrested and was sentenced to four years' imprisonment for attempted escape, theft and possession of arms and ammunition.
I humbly beseech the Amnesty Committee to grant me amnesty as the offences for which I have been convicted, as fully stated herein above, were politically motivated and committed in pursuance of the objective of PAC. The grounds for which I was convicted were motivated by my political beliefs and were not for self-gain. At the time of the commission of the above stated offences the military wing of PAC, namely Apla, was still engaged in armed struggle against the then regime.
I respectfully submit that my application complies with the requirements of the Act and that I have made full and proper disclosure of my involvement in this operation." Signed by the applicant."
	Thank you, Chairperson. Chairperson, I will now deal with the clarifications.

CHAIRPERSON: Yes, Mr Mbandazayo, that would be Exhibit A. The affidavit of Mr Ngubeni. Go ahead.

MR MBANDAZAYO: Thank you, Chairperson. I'll proceed to paragraph, Chairperson, if there is nothing the other paragraphs, paragraph 7 of the affidavit.

CHAIRPERSON: Just highlight those things that are material.

MR MBANDAZAYO: Mr Ngubeni, can you explain to the Committee, in paragraph 7 of your affidavit, you say that
"On Wednesday, two weeks before the incident I was called by Bongani Moyo and he told me he wanted to see me in his place. On arrival on Thursday morning, he told me that he wanted us to do a Cash in Transit vehicle and he told me that he has already made the reconnaissance on his own."
	Now, Mr Ngubeni, can you explain to the Committee why did you have to go there on Thursday and Friday and do the reconnaissance?

THEMBINKOSI NGUBENI: Bongani made it clear to me that it was important that I be present for the reconnaissance because I was going to be the driver on the day of the operation.

MR MBANDAZAYO: Why was it necessary to do the reconnaissance on Thursday and Friday? Thursdays and Fridays?

THEMBINKOSI NGUBENI: It was important because those were the days during which the money was fetched. The money was fetched on Thursdays and they would take it to different companies on Fridays.

ADV GCABASHE: The money was fetched on Thursdays. Where from?

THEMBINKOSI NGUBENI: They fetched it from different banks and they would then take it to, I think it was a company or a plant, and on Fridays it would be taken to different factories.

ADV GCABASHE: So that first Thursday that you reconnoitred with Bongani, where was the money fetched from, which bank?