Amnesty Hearings — Johannesburg — UNKNOWN

MR BERGER: Yes.  The next annexure, annexure F which starts at page 21 is an affidavit by a Colonel Martinus Christoffel Marx, I'm not going to go through the whole affidavit because a lot of it is not relevant for the purposes of this application, but at page 21 he says that he'd been asked to collect certain statistics in relation to the march and the incidents which had occurred during the march.  At page 22, at the top, paragraph 2, he says,
"Uit die statistiek blyk dit duidelik dat daar op 28 Maart '94 en voor die skietvoorval te Shell House verskeie voorvalle van geweld voorgekom het, veral te Soweto en Johannesburg."
And then he goes on to detail the incidents and for the purposes of this memorandum the important paragraph is paragraph 3 where he says,
"Arrestasies op 28 Maart tydens die optogte Johannesburg, 31 persone is tydens die optog gearresteer vir die besit van ongelisensieerde vuurwapens en ammunisie."
So these were marchers.  
"'n Groot aantal vuurwapens is tydens die proses teruggevind"
and then I'm not going to read all of them, but you will see revolvers, shotguns and over the page, page 23, 9 AK47 guns seized and 123 rounds of AK47 ammunition, that's live ammunition seized, and then pistols, home-made revolvers and so on.  I can tell you, Chairperson, that the rest of this affidavit deals with investigations into MK members who came into the country from Zimbabwe, whether or not they were armed, he says his information was that they were not armed, I don't want to go into that detail because it's not particularly relevant, but just so that I'm not - I don't just gloss over it so you don't know what's here, and he says he doesn't have any evidence that they were involved in anything at Shell House.  
	He then goes on to discuss certain conversations and meetings that he had with Caroline Nicholls and me on behalf of the ANC, and Jenny Friedman on behalf of the IFP, but none of that is of particular relevance.
	And then annexure G at page 28 is a Police report of an arrest on the 28th of March where further firearms were seized.  The report is to the effect that a group of people from IFP leaders from the Alexandra Hostel were travelling along Louis Botha Avenue on the 28th of March on their way into town.  The Chairperson of the IFP in Alexandra Hostel and some others, they were arrested and then of particular relevance is at the bottom of page 28, the Makorov, the CZ 65 and so on that was seized, according to the Police.  The next annexure is the evidence.
	So we say in paragraph 14, this is where it all comes together, Chairperson, that numerous other weapons and ammunition were seized by the Police from marchers during the course of the 28th of March '94 and those details are set out in annexure - details of the weapons are in annexure E, details of the ammunition is in annexure F and in footnote 16 we refer to the SAP report.

MR LAX: Were any of the firearms you just referred us to in annexure G ever tested ballistically or linked to any of the exhibits in any way?

MR BERGER: There's no evidence that they were linked to any of the exhibits.
	The bottom line of the memorandum is this, that many shots, in that incident, many shots were fired from Shell House in the direction of the marchers, many shots were fired from the marchers in the direction of Shell House, that's the first point.  And the second point is that marchers - the marchers at Shell House were armed and the marchers generally on that day were armed.  The details of the arms and ammunition are set out.
	Chairperson, that concludes the presentation of the memorandum.  There are just a few other items that we wish to hand in at this stage, the first is another photograph, perhaps if it could be marked "D55".  
	It is a black and white photograph, being photograph no 16, it was handed in at the inquest, my learned friends would have copies of that, it was photograph 16 in volume 2 of the photographs handed in by the ANC.  It depicts a scene shortly after the shootings, we don't know exactly ...(inaudible) a scene of the west pavement of King George Street taken looking south, and it - yes, perhaps if I could hand it in - resources are running low, I don't even have a copy left for myself, but it's fine, from memory, no, no, Chairperson, from memory it depicts the marchers who are injured, lying on the western pavement and it shows people lying as far up as, it looks like lying underneath that sign of the American fish and chips shop, which is - yes, which is where Mr Diaz was observing the events from, the Mr Diaz that has been referred to, and it would be the shop - one shop south of the Woburn Pharmacy.  
	There are two affidavits which we hope to hand in.  The first affidavit is an affidavit by a Policeman - my learned leader, Mr Bizos says he'll deal with the Policeman, I will then deal with the final affidavit before I hand over.  It's an affidavit of a person, Mr Oscroft Mongi Ndlovu, our learned friends have copies of the affidavit, but I think there are enough to go around.  This person was employed by the ANC at the time, he was at Shell House on the day, and he ...(intervention)

UNKNOWN: What's his name again, Mr Berger?

MR BERGER: Oscroft Mongi Endlovu, who was employed in the security department of the ANC at Shell House at the relevant time and he is the person who was referred to as Madodi and seen on the photograph.  You will recall that one of the witnesses was cross-examined, asked do you know that person, he said, yes I know him as Madodi, this is the person, and he says that he had a Makorov, he was given the Makorov pistol on the day and he says in paragraph 9,
"I remained at Shell House until I knocked off at about 5pm.  Before I left I gave the Makorov back to Ngeba", that's Mr Gadu.  "I did not fire any shots with the Makorov, I'm advised that the Makorov and other unlicensed weapons were subsequently handed in the the SANDF."
And in paragraph 5, just so that there's not doubt, this is not a weapon that came out of the armoury, he says,
"Later in the morning there was a second deployment.  I remained deployed in the foyer under Joe my baby, Mr Sislabane.  I was told to go to Ngeba to get a fiream, he gave me a Makorov pistol, I did not sign any register.  I went back downstairs."

UNKNOWN: Are you going to let us have copies of that affidavit?

MR BERGER: Indeed, yes, I was just putting it in some sort of context.	Perhaps ...(intervention)

CHAIRPERSON: ...(inaudible)

MR BERGER: Bundle "B".

MR LAX: So just for the record, that will be 272 - 274.

CHAIRPERSON: No, 272 is the ...(indistinct) number.

MR LAX: Of "B"?

CHAIRPERSON: Yes.

MR LAX: Pages, page number.

MR BERGER: Yes, it will be from 272 - 274.  Thank you, Chairperson.

GEORGE BIZOS: Mr Chairman, whilst we have bundle "B" before you, we would ask for leave to hand in an affidavit and the document annexed to it of Martinus Christoffel Weldhagen, there are four copies.  Mr Chairman, this - if you turn to the third page of that document, you will see that there is a letter dated the 28th of the third '94, which is annexed to the affidavit of the deponent, which he says that he was approached at approximately 11h30 on that day for the purposes of declaring Johannesburg an unrest area, that appears in paragraph 2 of the affidavit.  What we want to refer to, a number of paragraphs in that letter for the motivation which is, we submit, a summary of what was happening in Johannesburg on that day in order that the Shell House incident may be viewed as part of a wider picture.  I don't know whether you want me to read it in Afrikaans or paraphrase it?

CHAIRPERSON: ...(inaudible)