Amnesty Hearings — Cape Town — 1999-10-26

MR JAMIE: But as my colleague asked you earlier and despite that being your intention you never came around to the driver's side nor did you check whether there was anyone in the back who could pose a threat to you, is that correct?

XOLA TEMBINKOSI YEKWANI: I did not check in the car for the other people.

MR JAMIE: I'm going to give you another opportunity to explain why you didn't do that.  Is there any reason why you did not do that?

XOLA TEMBINKOSI YEKWANI: The reason for me not to inspect the car because I thought that I had shot everyone in that car because no one was coming out and now I was worried about the distance that we still have to cross the road and walk in the open space trying to get cover in the squatter camp therefore I thought that if we hesitate or delay we might be in danger.

MR JAMIE: Do you still maintain that you don't remember whether the others shot or not?

XOLA TEMBINKOSI YEKWANI: I cannot say they did or not but I was only focusing on what I was doing and the firearm that I could hear was the one that was in my possession.

MR JAMIE: Andile's evidence will be that as they were driving down 1st Avenue which was parallel to Lansdowne Road, they saw a group of people on the open field and someone called "Nzonkwe, Nzonkwe" which was Pro's name and Pro then reversed the car and drove onto the field toward where you were standing, is that correct?

XOLA TEMBINKOSI YEKWANI: No one called from the people who were standing with me there, no one called for Pro Jack.

MR JAMIE: Okay, so none of you called him over to where you were standing under the trees, is that correct, on your evidence?

XOLA TEMBINKOSI YEKWANI: If anyone did that I could have heard that because I was not far from them.

MR JAMIE: In other words none of you called him over?

XOLA TEMBINKOSI YEKWANI: No, not from the people who were with me.  No one from where we were called for him.

MR JAMIE: And this incident happened about 10 o'clock on a misty evening, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: Andile's evidence will also be that he was his uncle's home watching videos that evening and his uncle Pro was busy taking him home, that was the purpose of Pro's trip, he was driving down to take the boy home.  Can you dispute that?

XOLA TEMBINKOSI YEKWANI: No I cannot dispute that.

MR JAMIE: Now if that is correct can you give this tribunal any reason if you or one of the others did not call Pro over and if he was on his way to drop the boy and didn't know who you were, why he would drive his vehicle onto the field up to where you were standing.  Is there any reason why he would have done that, that you know of?

XOLA TEMBINKOSI YEKWANI: No I do not want to lie, no one called for Pro and I do not even know the reason for him to go to where we were.  I do not know the reason for that.

MR JAMIE: He had nothing to do with you people that evening, he wasn't part of your operation, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: He didn't know that you'd be standing there, is that correct?

XOLA TEMBINKOSI YEKWANI: That is correct.

MR JAMIE: So he would have as far as he is concerned there were some people standing under a tree but he was on his way taking his nephew home.  I put it to you that under those circumstances there would have been no reason for him to drive right up to where you people were standing if you had not called him over?

XOLA TEMBINKOSI YEKWANI: I don't want to lie to that effect and try and implicate people.  No one called for him, if someone did that I could have heard.  Perhaps I couldn't have fired at that moment because I knew that this person was coming to listen as he was called but that was not the case.

MR JAMIE: After this incident you've testified you people ran away back to Brown's Farm, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: Now you knew the next day that you'd killed Pro Jack, the very next day you knew that, is that correct?

XOLA TEMBINKOSI YEKWANI: No, I did not know but I only got that information as I was reading the paper that was brought by Michael.

MR JAMIE: When you read the paper you knew you'd killed Pro Jack, correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: Now why didn't you raise it with some or other of the structures of the ANC, to told them  "I'm sorry, we were on a mission but we made a mistake and we killed Pro Jack".  You say you spoke to Mr Langa.  Now Mr Langa ...(intervention)

XOLA TEMBINKOSI YEKWANI: If Mr Langa had instructed me to tell the people of the organisation I could have done that but I did what he told me to do, he told me to keep quiet about this, he would find some means or strategy to try and get the people and tell them about the incident.

MR JAMIE: Did you regard yourself as a disciplined member of the ANC?

XOLA TEMBINKOSI YEKWANI: Yes that's I knew about myself and even when it comes to protecting the people I thought I was doing the right thing.

MR JAMIE: Now if you were a disciplined member of the ANC why didn't you report to the ANC structures, to your own commander, Gladstone Ntamo or to one of the other ANC office bearers in the area?

XOLA TEMBINKOSI YEKWANI: I knew that eventually the information will come up because I had told Mr Langa and the ANC lawyers what I was waiting for was to be called, that's all.

MR JAMIE: So didn't you find it strange when the ANC asked you to guard the Jack home during the funeral preparations because the ANC thought that the police had been responsible for Pro's killing?  Didn't you find that very strange?

XOLA TEMBINKOSI YEKWANI: To me it was not strange because I knew that they were not aware of that and even the firearm that was to be used when guarding the premises was the one that was me, that is why I decided it's a good thing for me to go there.

MR JAMIE: I don't understand that answer?  The firearm that you used in the killing of Pro Jack you used to guard the house, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: And why do you say that was a good idea or good thing?

XOLA TEMBINKOSI YEKWANI: I was feeling very sorry, that did not imply that I cannot go there if I was asked but I knew that they were not aware of the killer, the person who killed Pro.

MR JAMIE: So you, the killer, pretended to guard the house of the deceased's family, you watched them grieving and mourning for him and you knew all the time that you were the person responsible but you didn't bother to tell them or the ANC and the ANC was also responsible for guarding and arranging for the funeral and guarding the house.  So you fooled everyone and you pretended to be guarding the house?

XOLA TEMBINKOSI YEKWANI: I knew that during the prayers had already told Mr Langa about the incident.  When they asked me I knew that after some time the ANC would get to know and their family would get that information.

MR JAMIE: Mr Langa I understand is now dead, is that correct?

XOLA TEMBINKOSI YEKWANI: Yes that is correct.

MR JAMIE: He can't corroborate what you're saying, can he?

XOLA TEMBINKOSI YEKWANI: He can confirm that because I told him about the incident because even the other comrades got that from Mr Langa.

MR JAMIE: Well Mr Langa, perhaps one thing to confirm but can't, can he and there's no - are there any witnesses, Mr Yekwani, who are going to come to this tribunal to confirm what you are saying?  What about the people who were with you that evening, are they going to come and testify in support of your application?

XOLA TEMBINKOSI YEKWANI: They can come if it's easy to get them they can confirm what I'm saying.  The comrades then can say that he got that information from Mr Langa.  I'm not the one who told him.