Amnesty Hearings — Johannesburg — 1998-11-02

CHAIRPERSON: Yes, thank you, we'll now be commencing with the next application.  We'd appreciate it if the legal representatives will just place themselves on record.

MR MBANDAZAYO: Thank you, Mr Chairperson.  My name is Lungelo Mbandazayo, I'm representing the applicants in this matter, thank you.

CHAIRPERSON: Thank you, Mr Mbandazayo.

MOKOTEDI MPSHE: Thank you, Mr Chairperson, Members of the Committee.  I am J M Mpshe for the TRC, specifically amnesty, thanks.

CHAIRPERSON: Thank you, Mr Mpshe.  The Panel which I introduced before the last hearing is the same.  For those persons who weren't here, on my right is Advocate Johnny Motata from Johannesburg, on my left is Advocate Bosman from Cape Town, and I am Selwyn Miller, a Judge of the High Court in the Eastern Cape attached to the Transkei Division of the High Court.
	Mr Mbandazayo?

MR MBANDAZAYO: Thank you, Mr Chairperson.  Mr Chairperson, my first applicant in this matter is Mangalisekile Bhani.

MANGALISEKILE BHANI: (sworn states)

CHAIRPERSON: Mr Mbandazayo?

MR MBANDAZAYO: Thank you, Mr Chairperson.  Mr Chairperson, I hope the Committee is in possession of the affidavit made by Mr Bhani.

CHAIRPERSON: Yes, thank you, Mr Mbandazayo. I think in fact we have two copies of it, we've got one in the bundle and then we were sent a further one during the lunch adjournment.

MR MBANDAZAYO: Yes, the signed one, the commissioned one, Mr Chairperson, is the latest one.  It's unsigned, the one in the bundle.

CHAIRPERSON: We are in possession of that.

MR MBANDAZAYO: Thank you.

CHAIRPERSON: Are you going to make reference to it now, Mr Mbandazayo?

MR MBANDAZAYO: Yes, Mr Chairperson, to facilitate the proceedings I will use the affidavit.

CHAIRPERSON: Yes.  If we can call it Exhibit A.

MR MBANDAZAYO: Thank you, Mr Chairperson.

CHAIRPERSON: That is the affidavit of Mr Bhani which was attested to today.

MR MBANDAZAYO: Yes, Mr Chairperson.
	Mr Bhani, the affidavit which is in front of you is also before the Committee, do you confirm that this affidavit was made by yourself and you abide by its contents?

MANGALISEKILE BHANI: Yes.

CHAIRPERSON: I think, Mr Mbandazayo, it's not a very long affidavit, I think for the purposes of the record perhaps if it could be read into the record and then the people present will know what the contents are.

MR MBANDAZAYO: I will do that, Mr Chairperson.  The affidavit reads thus
"I, the undersigned, Mangalisekile Bhani, do hereby make an oath and say that I am the applicant in the Randfontein ...(indistinct) operation.  The facts to which I depose are true and correct and within my personal knowledge unless the context states otherwise.
	I was born in Uitenhage in Rocklands Plot on the 1st January 1970.  I grew up in the Eastern Cape.  We were eight children at home and I was the last born.  We were supported by a person who was living on an old age pension. 
	I left school doing standard seven in 1986, due to financial reasons.  My mother died in 1985 and my father in 1987.
	I joined the PAC through Azania in 1986 when I was 16 years, and joined APLA in April the same year in exile.  I received my military training in Tanzania and Guinea.  I became a platoon commander and instructor.  I came back into the country in 1992 and I went to Transkei.
	I was arrested in September 1994 when I was already a member of the South African National Defence Force.  I am currently serving 58 years for the Wesselsbron operation, having been sentenced by the Bloemfontein High Court on the 25th of October 1995 under case number 23/94.
	I was part of the APLA unit that attacked a fruit and vegetable shop in Randfontein.  We received instructions for this operation from comrade Ntjebe.  We were a unit of three and I was the commander of the unit.  It was myself, Nkopane and Tando.  Myself and Nkopane were armed with R4 and Tando with handgrenade.  
	We went to this target by car which belonged to one of the Africans named, Hlakene and I do not remember his name as I was not well versed with the area as I was not from there. When we arrived the owner was on the telephone and I demanded money from him.  He said he has no money.  When I was trying to look for money on my own he tried to grab my firearm and I shot him.  The time I think was around 19 hours and 20 hours.  We found an amount of     R3 000,00.  
	One would raise a question that at the time of this incident all the political parties were preparing for elections and that the PAC which was leading APLA was alleged to have suspended the armed struggle.  
	I want to state that I raised this point with comrade Ntjebe when he was giving the order and was a member of High Command.  He told me that PAC has not yet informed them that the armed struggle is suspended.  He told me that the PAC Congress resolved in December 1993, that the time when it is ripe, it is opportune for the suspension of the armed struggle.  The President, members of the High Command and commanders will discuss this matter and decide about the date of the suspension of the armed struggle, and none of this has been done.  Neither the PAC nor the Director of Operations has told him about the suspension of the armed struggle.
	He further told us that maybe the reason the PAC has not ordered APLA to suspend the armed struggle has been sceptical of negotiation process and anticipated what was being done by AWB at the time. He further advised us that the PAC President has told them many times that the PAC will not abandon the bullet until the ballot is secured and the ballot was not yet secured.  It was therefore my duty as a disciplined cadre of the PAC to carry out the order given to me by my superior.  We were arrested for this incident but we were released because of lack of evidence. 
	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 the Randfontein ...(indistinct) Shop operation. I therefore humbly request that my application for amnesty be granted.
	Signed by the applicant.
Thank you, Mr Chairman.

CHAIRPERSON: Thank you, Mr Mbandazayo.

MR MBANDAZAYO: Mr Chairperson, having read the affidavit, I would go to certain paragraphs just for clarity, to ask the applicant to clarify for the Committee.
	Mr Bhani, paragraph 8 of your affidavit, you mention there that:
"I was part of APLA unit in that attack, fruit and vegetable shop, Randfontein.  We received the instruction from for this operation from comrade Ntjebe."
 Can you tell the Committee who is comrade Ntjebe and where did he give you these instructions for this operation?

MANGALISEKILE BHANI: Comrade Ntjebe is Tabelo Patrick Maseko.  He gave me this order when we met in the park at Randfontein, after I gave him a report about the place we just reconnoitred.

MR MBANDAZAYO: And then what was his specific order?

MANGALISEKILE BHANI: He told us to continue to go on with the operation, with the attack.

MR MBANDAZAYO: Can you tell the Committee specifically what your purpose was of the operation, was it to attack or was it to repossess, what was it?

MANGALISEKILE BHANI: The aim of this operation was to repossess but murder was involved because the owner of the shop made a mistake, he wanted to grab my firearm, I then shot him but our aim was to repossess.

MR MBANDAZAYO: Thank you.  Now you told the Committee at paragraph 9 that it was yourself, Nkopani.  If I take it, Nkopani was Mr Diahomonaheng, the second applicant in this matter, am I correct?

MANGALISEKILE BHANI: Yes.

MR MBANDAZAYO: Now can you tell the Committee about Tando, who is Tando?

MANGALISEKILE BHANI: I only knew him as Tando.

CHAIRPERSON: Was that a code name?

MANGALISEKILE BHANI: Maybe it was a code name or it was a real name, I don't know because at that time we were not supposed to know other people's details because we did not know what would happen tomorrow.