Amnesty Hearings — Sebokeng — 1998-07-13

MR DA SILVA: As it pleases you, Mr Chairman.   My instructions are, Mr Mthembu, as contrary to what Mr Berger put to you, that the South African Defence Force did not provide 24 hours service at that stage, during June 1992.   Do you have any comment in that regard?

VICTOR MTHANDENI MTHEMBU: There is nothing I can say, sir, because there was violence in the Vaal Triangle, we used to see police and army vehicles coming to the spa shop near Kwamadala Hostel, they would make a turn there.

MR DA SILVA: My instructions are further that immediately before the attack and during the attack, no members of the Defence Force were aware of this attack.   You can't make any comment in that regard, can you?

VICTOR MTHANDENI MTHEMBU: I would not say anything about that.

MR DA SILVA: If you'll bear with me, Mr Chairman?   I have no further questions, Mr Chairman.

CHAIRPERSON: Yes, thank you.
NO FURTHER QUESTIONS BY MR DA SILVA

MS PRETORIUS: Mr Mthembu, Prince Vanana Zulu was never an accused in the Boipatong trial, is that correct?

VICTOR MTHANDENI MTHEMBU: That's correct.

MS PRETORIUS: Mr Mthembu, that night of the attack, did you loot anything from Boipatong, did you take any TV's, blankets, two plate stoves or anything for yourself?

VICTOR MTHANDENI MTHEMBU: Yes, madam, yes there were such things, Advocate.

MS PRETORIUS: What did you take, Mr Mthembu?

VICTOR MTHANDENI MTHEMBU: There is nothing that I took personally, because I had what weapons I had with me and I didn't take things from Boipatong.

MS PRETORIUS: Oh, that's what I'm asking you.   Can you tell the Committee, this little bridge you're talking of, is that a footbridge or is it a bridge over which cars can drive?

VICTOR MTHANDENI MTHEMBU: I don't know, we are talking about two bridges here.

MS PRETORIUS: Yes, but Mr Berger put it to you that if you stand on the little bridge, you can see 900, it's 900 metres, that little bridge that you can stand on and see Boipatong, is that a footbridge or is it a bridge for vehicles?   I'm talking about the second bridge, not the bridge you came under from Kwamadala Hostel, the one that you said you had to cross to go to Boipatong and to get back from Boipatong.

VICTOR MTHANDENI MTHEMBU: This is a pedestrian bridge.

MS PRETORIUS: It's a pedestrian bridge?

VICTOR MTHANDENI MTHEMBU: Yes.

MS PRETORIUS: Mr Mthembu, you also testified that there was a certain Mbatha who was killed in Boipatong before the attack on Boipatong on the 17th of June, is that correct?

VICTOR MTHANDENI MTHEMBU: Yes, that is correct, I am sure about that, because I also have a witness here behind me, Mbatha died in his presence.

MS PRETORIUS: Can I refer you to, I have copies for all the members of the Committee, as well as the members, of the Sunday Star dated the 28th of June 1992.   It was an article written by a Mr Riaan Malan, I believe, and it reads, on the inside look out, there is a paragraph, I can tell the Committee it's just above the last paragraph with the big T, the capital T, which says
"Asked why..."
and they refer you to a crippled youth leaning against a wall:-
"...in February he went to meet his mother in Boipatong and he wound up in Intensive Care with a bullet in the spine.   A month earlier one Bongani Mbatha made the mistake of wearing an IFP T-shirt on an outing.   He was stoned to death.  In May a boy named Tapelo went shopping in downtown Vereeniging, presumed to be safe territory, he was abducted and burnt alive."
This Mbatha, is that the same Mbatha you told the Committee of?

VICTOR MTHANDENI MTHEMBU: Yes, that's the same person.

CHAIRPERSON: You've said that Mbatha was in the company of one of your co-applicants.   Who is that co-applicant who was in the company of Mbatha when he was killed?

VICTOR MTHANDENI MTHEMBU: There is one Mbatha who is my co-accused in this case, and there's also another one who died at (Indistinct).

CHAIRPERSON: Do you know in whose company Mbatho was when he died?

VICTOR MTHANDENI MTHEMBU: He was with my co-accused, Khanyile, he's just right here behind me.

CHAIRPERSON: And the witness you are referring to, Khanyile, Vincent Khanyile?

VICTOR MTHANDENI MTHEMBU: Yes, that's correct, sir.

CHAIRPERSON: Advocate Pretorius, what number shall we give this... (intervention).

MS PRETORIUS: K, it's K, Mr Chairperson.
NEWSPAPER CUTTING HANDED IN AS EXHIBIT K

MS PRETORIUS: I have no further questions, thank you, Mr Chairperson.
NO FURTHER QUESTIONS BY MS PRETORIUS

CHAIRPERSON: You've made a number of, well you've made certain affidavits in this matter, I think they're in English.

VICTOR MTHANDENI MTHEMBU: That's correct, sir.

CHAIRPERSON: Did you make use of an interpreter?

VICTOR MTHANDENI MTHEMBU: No.

CHAIRPERSON: You were speaking in English to your legal advisers?

VICTOR MTHANDENI MTHEMBU: That's correct, sir.

CHAIRPERSON: In view of the lateness of the hour, the members of the Committee will put their questions to you tomorrow morning.   We propose to commence tomorrow morning at nine o'clock.   Do you have a problem with that, Mr Berger?

MR BERGER: No problem, Chairperson.
ALL PERSONS STATE THAT THEY HAVE NO PROBLEM WITH TIME

CHAIRPERSON: Yes, very well.   Did you want to say anything, Mr Brink?

MR BERGER: No.

CHAIRPERSON: Okay.   Very well, we'll adjourn until tomorrow morning at nine o'clock.
COMMITTEE ADJOURNS