Amnesty Hearings — Cape Town — 1997-10-31

MR PRIOR: I beg your pardon, can we correct that Mr Chairman.  
Just delete the not.  I would like now to describe what kind of 
person Rolanda was.
	She was a kind, caring and warm hearted young woman.  She 
was 22 years old and was a qualified primary school teacher.  She 
had shown great tenacity and character in pursuing her studies and 
ultimately qualifying.  She was determined and succeeded in making 
something out of her short life refusing to conform as so many 
young people did to the anti-social drug culture or aimless lifestyle 
so many have adopted.
	Rolanda was a devout Christian and Roman Catholic.  She 
believed in the equality of man and was as a teacher dedicated to the 
upliftment of her fellow man, particularly children and the aged.
	She did not support any political party.  She appalled 
violence, particularly as a means to settle differences.  She believed 
in God and that all men were created equal, irrespective of race, 
colour or creed.
	The irony of her death is that she was not a white person who 
according to APLA were the legitimate targets of the death squads.  
Neither was Bernadette Langford and Michael January.  I cannot 
begin to describe the rage I feel and have felt for the past four years 
at her senseless killing.
	Rolanda had a tremendous zest for life.  She loved sport, 
swimming and athletics were her passion in which she excelled.
	I say to the PAC and APLA and to the applicants you killed 
the wrong person.  Rolanda was also joined in the struggle against 
the injustice of the Apartheid system, particularly in Education.
	You simply ended her life as if she was a worthless piece of 
rubbish.  You say you did so to liberate AZANIA.  I say you did so 
for your own selfish and criminal purposes.
	You prevented Rolanda from helping rebuild our broken 
nation, which if you had simply waited another few months, in fact 
came to pass when we had free elections.
	There is a reference to Brigadier Nene, it is actually Brigadier 
Phitla.  The spelling in the submissions of the PAC is Phitla, but it 
could also be spelt Fitla.  Your Commander, Brigadier Phitla stated 
that it was difficult to control the forces on the ground due to lack 
of proper communication and proper political training.
	These are simply empty excuses that in fact exposed APLA for 
what it was, an unguided missile out of the control of the PAC at 
loggerheads with each other and unable to accept the political 
decisions of their political masters.
	The Brigadier also stated that the cadres as in the case of the 
applicants, were simply carrying out orders of their Commanders.  
Well, if that is so, why haven't the Commanders Letlapa Maphalela 
or Andile Mayo Sciceka applied for amnesty?  What are they afraid 
of?
	APLA have stated that they were at war with the white 
supremist settler regime and that in terms of that were their soldiers 
or cadres tasked with destroying the enemy targets, ie the white man 
wherever they found them, particularly in order to obtain firearms.
	White households and farmers were regarded as military 
targets.  What APLA has not explained is how the Heidelberg 
Tavern was selected as a military target.  If proper planning and 
surveillance had been done, APLA would have discovered the 
following.  (1) the Tavern catered for the multi-racial clientele, (2) 
the predominant patrons were young students from the University of 
Cape Town, (3) the Tavern did not cater exclusively for military 
personnel, not could be described by any intelligent person as a 
military target where arms could be obtained, (4) its resident 
musician was one Josh Sithole, a black man who was loved and 
respected throughout the country by multi-racial audiences 
countrywide and who was entertaining the patrons at the time of the 
attack, (5) a better military target and that put in (indistinct), which 
fulfilled their criteria, was the Woodstock Police Station, a short 
distance away.
	APLA as well as the applicants cannot be truthful when they 
state that by murdering patrons at the Heidelberg Tavern, this was a 
bona fide act associated with the political objective.  What these 
amnesty applicants seek to do is to clothe criminal acts which have 
already been adjudicated upon by the High Court, in the mantle of 
political type conduct.
	It was amazing to hear from APLA military intelligence, 
Brigadier Phitla that he have never heard of the protocols of the 
Geneva Convention governing the waging of a war of liberation and 
that he had only heard of such rules and regulations when he 
recently joined the SANDF.
	It would therefore seem that ignorance of the protection given 
to innocent civilians, unconnected to the offensive regime or its 
administration in times of conflict, by the Geneva Convention is now 
raised as an excuse to justify the very inhumanity witnessed at the 
Heidelberg Tavern.
	I maintain that the perpetrators of the killings, when they 
entered the Tavern, could have as trained soldiers so we are told, 
assessed the situation and seen first hand that the people they were 
going to kill, in fact were not the targets they were ordered to kill 
and could have turned back, but they did not.
	The systematic shooting of the patrons as they did, three 
females deceased, together with the attempt to explode the nail 
studded rifle grenade was not to further any political objective.  
What does APLA command mean when it says that it assumes 
complete responsibility for the Heidelberg Tavern attack?
	Does APLA command realise that with responsibility comes 
accountability?  I repeat my question, if APLA is genuine about 
taking responsibility, why have none of the Commanders applied for 
amnesty?
	However, APLA tells the world that for what they did at the 
Heidelberg Tavern and to my daughter, they will never apologise.  
The killings at Heidelberg Tavern and the attempted justification 
thereof by the APLA command, must be viewed soberly against the 
background of the political reality as of 30th December 1993.
	(1) The peace process had progressed towards democracy and 
the first ever democratic elections were only months away, in fact in 
April 1994, (2) the PAC which must have informed its military wing, 
APLA, had committed to the peace process and was a willing and 
vociferous participant, (3) the PAC had in November of 1992 
pledged a cessation of violent struggle and imposed a moratorium of 
violence.  It was reported in the Rapport newspaper on the 2nd of 
January 1994, (4) the Apartheid Government had handed control to 
the politically negotiated TEC until the elections only a short time 
away.
	History indicates that a politically negotiated settlement had 
in fact won the day.  The liberation struggle had delivered the 
goods.  The was was over and that majority ruled.   It seems from 
the submissions made by APLA on the 7th of October 1997, before 
the TRC, that APLA had on its own decided the war was not over 
and in order to keep its support from its followers, it had to be seen 
to be retaliating against white people because black people were still 
being killed.
	If this was the rational behind the attacks, then in this context 
the Heidelberg attack was nothing more than a reprisal or revenge 
attack.  If this is so, political objective cannot be argued.  What the 
act of terror did achieve, was the broad condemnation by all 
political groups as well as international rebuke.
	Both Zimbabwe and Tanzania are reported to have severely 
rebuked APLA, reported in Argus newspaper, 12 January 1994.  The 
ANC condemned the killing as being acts of (indistinct) aimed at 
derailing the peace process and preventing free and fair elections, 
reported in the Rapport, 2nd of January 1994.
	Despite the numerous TRC hearings, amnesty applications and 
Police investigations involving hundreds of personnel, thousands of 
man hours and possibly millions of rands, we are still no nearer the 
complete truth not only in the Heidelberg Tavern matter, but in all 
others where gross violations of human rights occurred.
	I firmly believe that a wider conspiracy exists which is yet to 
be uncovered.  I shall not rest until it has been and only then 
perhaps, shall I be satisfied that justice has been seen to be done and 
only then, if those faceless and gutless politicians, military and 
Security Force personnel are exposed and prosecuted to the full 
extent of the law.
	My unease in this regard is as a result of the following 
circumstances.  (1) although I witnessed the attack, saw a Police van 
on the scene, I was bullied by Des Segal, the Investigator, to forget 
that fact.   When I refused, he tried to discredit me by saying that I 
was probably drunk at the time and if I did say what I had seen, at 
the trial, it would upset the Prosecution.  As a result I was kept out 
of the witness box.  If Segal had simply explained why a van could 
have been there, I would possibly have accepted it and called it a 
day. 
	(2) What was the Police doing there in the first place, where 
were the occupants and what were they doing?
	(3) The Police investigation had within a very short space of 
time, three or four days, solved the case despite six persons arrested 
and charged, only three perpetrators stood trial.  The charges were 
withdrawn against the rest.  If the evidence was strong enough to 
arrest and charge them, why were they not prosecuted?  Was the 
conspiracy only limited to these six?  These persons were Theo 
Mabusela, Michael Siyolo and Richard Dala.
	(4) The person who supplied the weapons and ammunition to 
the perpetrators were known to the Police.  Were they arrested and 
later released or are they still at large?
	(5) Letlapa Maphalela, the Director of Military Operations of 
APLA is implicated in Heidelberg Tavern, yet is allowed to go free. 
 He is not applying for amnesty for the Heidelberg Tavern, nor has 
he been arrested.
	(6) Other implicated persons are Basie Mcombusi and 
Theofolus Sibeko.  Why are they still at large?  There whereabouts 
are known to the authorities?
	(7) Denzil Potgieter who defended the killers of my daughter, 
now is a Commissioner of the very Committee called upon to grant 
them amnesty.
	(8) Dumisa Ntsebeza, a Commissioner with the TRC, has been 
mentioned in connection with the Heidelberg Tavern attack in that it 
is alleged that his vehicle was used in some way or the other.
	(9) Des Segal died in a car crash early this year.  In the 
wreckage an R4 rifle, an RPG rocket launcher was found.  The press 
report talked about a possible link with the notorious Vlakplaas.  I 
realise some two years have elapsed between these two events, but 
somehow I can only attack some sinister meaning to this.  The public 
have heard no more about Segal's R4 rifle, strangely it is the same 
type of weapon used in the Heidelberg Tavern incident.  My 
question is whether this weapon has been tested or checked to see 
whether it was the same one used at the Heidelberg Tavern.  I 
appeal to the Amnesty Committee to urgently order an inquiry into 
the Des Segal affair.
	(10) As at the 30th December 1993, the murders at Heidelberg 
Tavern fell outside the time frame set for amnesty applications, yet 
it was decided to extend this cut off date.  My question is why?
	I have a perception that the real perpetrators of the most evil 
acts, are not going to be exposed and that the wrap will fall on the 
few hirelings who did their bidding.  People who by their own 
admission have committed gross violations of human rights and who 
are required simply to tell the truth, are assisted by high powered 
legal representatives in order to do so.
	In the majority of these cases, other than Heidelberg, the 
funding of these lawyers is paid for by the very victims against who 
they apply for amnesty from criminal prosecution or civil liability.
	I have lost two children to the system, my son to the 
Apartheid system of justice and my daughter at the hands of killers 
that the system seems to protect.
	In an attempt to find out who politically was also guilty of the 
acts of murder at Heidelberg Tavern, I approached members of the 
PAC namely Ms De Lille, Barny Desai and Richard Zinani.  Ms De 
Lille told me that she had personally spoken to the applicants in this 
amnesty application and that they had steadfastly denied involvement 
in the killing.  I have noticed that the applications for amnesty of the 
applicants say very little about the actual attack.
	Gqomfa suggests that the attack was launched from outside 
the Tavern.  He does not suggest that anyone entered the premises 
and shot whilst inside.   Madasi and Mabala had given no details 
whatsoever.  I am forced to wonder why not.
	Is this a tactic?  Have they not yet decided what to say and 
who to implicate or will those details only be filled in after 
consultation with the hierarchy of the PAC or APLA?
	I also wonder whose interest ought to safeguarded here.  I 
urge this Committee that common sense and justice prevail in your 
assessment of the evidence and refuse amnesty.  I do not wish to 
dwell on my personal circumstances, however, I have been advised 
that such information is important to reveal to you.
	The pain of losing my son was compounded a million times by 
the death of my daughter.  I felt responsible and guilty for both of 
them.  I have lived with that for the past four years.
	My personality has changed.  I have not been able, despite 
extensive therapy and counselling at Valkenberg Hospital, to shed 
the anger, rage, guilt, feelings of revenge and helpless desperation at 
the system that allows murderers to escape punishment.
	Suffice to say my marriage has suffered irreparable harm.  My 
wife suffers from extreme anxiety and nervous tension.  We are both 
on constant medication.  I am not being able to forgive the killer of 
my daughter Rolanda, and cannot be a hypocrite and say so when my 
heart has feelings of murderous rage towards them and their 
masters.
	Finally, I challenge the leader of the PAC, Bishop Magoba, 
not to justify atrocities like Heidelberg Tavern with reference to 
similar atrocities perpetrated by the Apartheid regime, but to 
acknowledge it as a gross violation of the human rights of all those 
young people who were killed and maimed and to name all those 
who were involved in the authorization, planning and execution of 
the attack  so that the truth will be known.
	This was dated at Cape Town on the 27th of October, that 
was Monday, 1997.  Mr Palm, you heard the statement read out on 
your behalf?