Amnesty Hearings — East London — 2000-02-03

VAKELE ARCHIBALD MKOSANA: The facts which I may lay down here on this Commission that on the 7th September 1992, during the morning, my troops and I were informed that the march will proceed under the certain condition which inter alia including that the marchers were restricted to the Bisho Stadium and that we should allow them to enter the same.  We soldiers were employed in a supportive role and the prime function for law and order was assigned to the Ciskei Police.
	I wish to reiterate that a certain stage whilst the crowd of, to my estimation, of about 100 000 people was steadily flowing into the Bisho Stadium.  We were for obvious reasons in the light of the situation that prevailed prior to this march and the information that was conveyed to us in respect of aggressive intention of the march.  Under great strain and quite afraid I wish to reiterate further that neither my troops nor I were experienced in crowd control but were assigned with a duty which we had to perform.  This was done by order of the government of the Ciskei and accordingly ordered by my commanders.
	Then Brigadier Olckers and then Colonel van der ...(indistinct), as I have indicated on previous occasions it initially appeared if the marchers were peacefully and that matters may go about without incident.  Suddenly, I noticed that people were filtering away from the grandstand.  I had shortly before noticed people on the grandstand.  For some unknown reason they seemed to decrease in numbers.  Shortly after this I saw the crowd approaching rapidly and in a manner that appeared aggressively towards me and my troops.  They were coming to an opening in the fence of the Bisho Stadium in the direction of Crescent Road where we were deployed.
	I wish to point out to the Honourable Commission that where I was deployed no police contingent was deployed between my troops and the place in the stadium place where the marchers crowed through.   We were accordingly the first line of that defence and we were issued only with light ammunition.  I was for obvious reasons frightened by the rapid approach of the crowd upon us.  From the place where they came out of the stadium grounds to where we were deployed they only had to cover approximately 200 metres and everything happened in split seconds.  I'm convinced and still firmly believe that I then heard shots being fired.  I can distinctly remember at least two such shots.  It was on that occasion that I reported to my headquarters, that is Colonel van der Bank that we are being attacked by the crowd and that shots were fired.  Given the circumstances I believed that such shots could have been directed against us.  As was described in the evidence to the Honourable Committee I confirm that we were under attack and that we were shot at because that was what I believed.  I repeatedly asked for instructions as what I should do.  He said, in Afrikaans, that "if you are being shot at you should shoot back."
	At that stage the spearpoint of the crowd's direction of the movement was towards Major Mdene.  I then informed Mdene that I was authorised to shoot at the crowd and instructed him to open fire but minimum force.  This then happened and resulted in what is now publicly known as the Bisho Massacre. 
	I wish to state that since the fire, shots had been fired, I eventually got the impression that people who were not ordered to fire also opened fire.  I even became aware of the fact that a certain Ralph Mangonya employed his 40 mm grenade launcher against the crowd for which I reprimanded him.  I personally ...(indistinct) to stop the fire by giving such orders on radio.
	I beg your Honourable Committee to take into account the political and ...(indistinct) circumstances of the specific time when this occurred.  The volatile situation that was created by a march of such proportion and despite my training, my personal lack of experience in situations of that nature, I honestly believed that my troops and I were in danger and conveyed this to them.  I was prepared to shoot because I believed that such action was justified.  I did not intend the horrific results and with the wisdom of hindsight I regret the actions taken by me and my troops under the circumstances.  In the premises, I beg the Honourable Committee to grant me indemnity in respect of death of 28 people and the injuries caused to others as the result of action taken by me as aforesaid.  I further wish to state that I did this in my capacity as a professional soldier in what I believed to be protection of the State of Ciskei, the public order and the lives of myself and my soldiers.  I regarded it at the time as my duty as an officer and a soldier.  I did not believe that I was committing a crime but firmly believed that I was diligently performing my duties as a soldier.  I have been advised however that my actions may be regarded as legitimate and that I may be prosecuted and that I may also incur civil liability for the death and the injury to the people that occurred during the said event.
	According to my information 28 people died and numerous people were injured.  I personally do not have details of people deceased or the people injured.  As is known to the Honourable Committee, the Bisho matter was fully investigated by the police and certain commissions and details of the victims are in that respect readily available.  If required, my attorney will be instructed to provide the Honourable Committee with full details in this respect.  As was stated above, I believe that I protected the State and the public at the time and at all times relevant to this incident I was acting in my mind bona fide in my capacity as a soldier in the course and the scope of the execution of my duties.
	I wish to state that I regarded myself at a time to be performing legitimate security services and regarded myself to be entitled to shoot at the crowd.  
	I firmly believed that we had to shoot in self defence and/or necessity and/or protect the State and the public interest.  Insofar as my belief may be wrong, I beg for amnesty for what I have done under the circumstances.  Nevertheless I beg forgiveness for the hardship, pain and suffering which resulted from such action.  I informed my commander, Colonel van der Bank that we were being attacked and that people shot at us and on that information an order was issued to me to open fire.  This order I conveyed to Major Mbene.  Major General Olckers testified to this Committee that he approved authorisation of the order as aforesaid.  Colonel van der Bank is not in the employ of the Defence Force any more and I'm not aware of his whereabouts.  Major Mbene is presently working at ...(indistinct) South African Infantry Battalion at Bisho.  Ralph Mangonya is also presently stationed at ...side (indistinct) Infantry Battalion.  Thank you.

MR DU PLESSIS: Mr Mkosana, do you confirm the contents of this statement?

VAKELE ARCHIBALD MKOSANA: Yes Sir.

MR DU PLESSIS: And is this statement signed by yourself, is that correct?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: I would like to refer you back to the facts that was given by yourself concerning this incident.  Now it's stated in the summary pertaining to this issue and the summary of substantial facts that Rifleman Gonya in his amnesty application that he fired two rifle grenades on your direct orders.  What is your comment?

VAKELE ARCHIBALD MKOSANA: My comment on this issue, I never gave Rifleman Gonya an instruction or order to open fire with a 14 mm launcher.  If that's so there were so many soldiers in that vehicle which I was travelling with, how can one say, can give an order to one person to fire, what about the rest in the vehicle?

MR DU PLESSIS: So is it your belief that the order that was perceived from HQ or Colonel van der Bank was directed to Major Mbene, is that correct?

VAKELE ARCHIBALD MKOSANA: That is correct.