Amnesty Hearings — Johannesburg — 1998-05-14

MR LAX: You see the point I am trying to get at is that in order for them to shoot downwards on all the evidence we have heard so far they would have had to in some way be able to position their firearm over the edge of that level that you would normally have hidden behind so that the barrels could point downwards. And then in order to aim that their bodies would have, portions of their bodies must have been over the edge of the parapet. That is just plain logic isn't it?

MODISE MOLEFE: Yes.

MR LAX: Now for them to do that there must have been some degree of safety otherwise ...

MODISE MOLEFE: ... their safety was some kind of walls. I think they protruded that angle, their safety was in danger.

CHAIRPERSON: Yes thank you very much. This will be a convenient stage to take the adjournment. We will resume at two 'o clock.
COMMITTEE ADJOURNS.

MR TIPP: Mr Chairman with your leave the next witness will be the 5th applicant, Mr Khumalo.

CHAIRPERSON: Thank you.

MR TIPP: Again Mr Chairman as in the case of previous witnesses Mr Khumalo's first language is Zulu but he will go as far as he can in English in order to speed up the proceedings.

CHAIRPERSON: Mr Khumalo are you prepared to take the oath?

MR TIPP: Mr Khumalo I am going to ask you please to speak up so that everybody present can hear you clearly. I am going to ask you also please to direct your evidence, your answers to questions to the Committee and to keep your answers to the point as far as you can. And please remember when you give an answer just to switch on the microphone in front of you. Now Mr Khumalo you are the 5th applicant in these proceedings for amnesty in respect of the shooting that took place outside Shell House on the 28th of March 1994?

BAFANA EDDIE KHUMALO: (sworn states)

MR TIPP: You have filed an application in your own handwriting Mr Chairman which appears from page 66 onwards, as well as an affidavit deposed to by you which also was submitted to the inquest is that correct?

BAFANA EDDIE KHUMALO: That is correct.

MR TIPP: In addition you have also filed before this Committee a supplementary affidavit which Mr Chairman appears at pages 80A through to page 80D in bundle C2. Now Mr Khumalo I would like first of all to get some particulars about yourself on record for the information of the Committee. I will lead some of the details. You were born in 1950 in Soweto and is it correct that you schooled in Soweto?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: In 1976 is it correct that you left South Africa and that you went to Swaziland and in effect went into exile?

BAFANA EDDIE KHUMALO: That is correct.

MR TIPP: Did you in that same year join the African National Congress and did you become also a member of uMkhonto weSizwe?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: Mr Khumalo you were trained in various countries and in various military skills including Angola and the Soviet Union and East Germany?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: You were trained also in aspects of military intelligence?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: Is it correct also that in the course of your years in exile and in Angola that you had some encounters of a combat nature with the security forces of the previous government?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: In 1980 you were arrested in South Africa?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: In your own words but briefly please would you give the Committee an idea of your experience at that time? What you had to endure and for how long?

BAFANA EDDIE KHUMALO: I was arrested in 1980. And I was in detention for almost three months and I was tortured. I think both my eardrums have been perforated and I had an operation, I have been put a temporal (...indistinct) in both ears. Then I was sentenced in 1981 to 10 years in Robben Island. Then I finished my 10 years in 1991.

MR TIPP: Is it correct Mr Khumalo that you were released a little early in 1990 at a time when a number of political prisoners were released from prison?

BAFANA EDDIE KHUMALO: Yes. ...(inaudible)

MR TIPP: And did you then join the VIP Protection Services?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: Amongst the senior leaders who you have assigned to protect are President Mandela and Walter Sisulu?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: And at the time of the incident on 28 March 1994 were you head of the protection unit assigned for the protection of Mr Sisulu?

BAFANA EDDIE KHUMALO: That is right.

MR TIPP: Mr Khumalo we will come back to the motivation that you had through all these years but I want to proceed now to some of the events on the day in question, on 28 March 1994. You have in your affidavit made mention of certain information that came to your attention. Would you give the Committee please a brief indication of the nature of that information and from where you received it?

BAFANA EDDIE KHUMALO: I think it was on Friday and Saturday when we received the information from the people from the Dura Hostel, the ANC sympathisers came to us and told us that there will be an attack on the 28th. But that attack, the incident will start on Sunday. Which means on the 27th.

MR TIPP: Did you convey that information to anybody?

BAFANA EDDIE KHUMALO: Indeed.

MR TIPP: To whom?

BAFANA EDDIE KHUMALO: First I told my principle which means Mr Sisulu.

MR TIPP: Mr Sisulu, Mr Chairman. Yes and anybody else?

BAFANA EDDIE KHUMALO: Then I convey it to Gary Kruser.

MR TIPP: Now Mr Khumalo, - again Mr Chairman in the interest of brevity, you have set out in your affidavit from paragraph 3 and onwards through to paragraph 10 you have described a number of visits by yourself to various locations in Soweto at which you conducted observations of certain hostels. Is that correct?

BAFANA EDDIE KHUMALO: That is correct.

MR TIPP: In preparation for this hearing did you read your affidavit again?

BAFANA EDDIE KHUMALO: Yes I did.

MR TIPP: And do you confirm the correctness of your description there?

BAFANA EDDIE KHUMALO: Yes.

MR TIPP: Does it amount to observations by you of what appeared to you to be steps taken by certain residents of those hostels that appeared to be preparation for fighting?

BAFANA EDDIE KHUMALO: That is correct.

MR TIPP: If necessary you can be asked questions about that but I want to go directly to the situation at Shell House when you arrived there that morning. Would you please in your own words describe to the Committee what took place?

BAFANA EDDIE KHUMALO: On that day at the early hours of the morning I was with Mondli Zuma at Shell House. As we reported to the matter to, we had gone to Gary Kruser. Then he told us what to do. Because we are in the advance party for Mr Sisulu. We had checked the routes. The routes were safe which we were going to use. Then after that we have to check the surroundings. It was at about half past eight then Mr Sisulu entered into Shell House. Then after that we were patrolling outside. We were given orders by Gary Kruser to collect the information outside.

MR TIPP: At a certain stage did you go to Lancet Hall?

BAFANA EDDIE KHUMALO: Yes I did.

MR TIPP: What was the reason for that?

BAFANA EDDIE KHUMALO: To collect and check the situation all over.

CHAIRPERSON: To collect what?

BAFANA EDDIE KHUMALO: The information and to check the situation.

MR TIPP: Did you find anything of significance at Lancet Hall?

BAFANA EDDIE KHUMALO: Yes I did.

MR TIPP: What was that?

BAFANA EDDIE KHUMALO: It was after the shooting when most of the marchers after the shooting they have ran to Shell House, near to the Shell House. They didn't know the place. I could see that they were asking where is the station. Then we helped them to show them where the station is. And they have gone into that direction. Then I moved upwards to go and check what was taking place it was after the shots.