Amnesty Hearings — Cape Town — 1997-07-08

NORMAN ARENDSE: Reads
"I the undersignedNtombeko Ambrose Peni do hereby make oath and state that
1.	Iwas born in Cape Town on the 28th of September 1975 and I am 21 yearsold.
		Iam a member of the Pan African Congress, the PAC and a member of thePan African Students Organisation PASO. 
	2.	Thefacts to which I depose are true and correct and within my personalknowledge unless the context indicates otherwise.
	3.	On6th June 1995 I was sentenced to 18 years imprisonment by the High Courtsitting at Cape Town after that Court found me guilty of the murderof Amy Biehl on 25 August 1993. I am currently serving my sentence atthe Victor Verster prison.
	4.	On25 August 1993, I was 18 years old and I was attending Langa High School.On that day the Langa High School Unit of the Pan African Students Organisation,PASO, was re-launched at the school and I was elected chairperson ofthat unit.
	5.	There-launch of PASO was attended by between three to four hundred studentsfrom the Langa High School and the surrounding schools. I am personallyaware of the attendance of Easy Mzikhona Nofemela because we knew eachother having grown up in the same street at NY 111 in Guguletu. At thattime I had no personal knowledge of Vusumzi Samuel Ntamo or MongesiChristopher Manqina. I knew Ntamo and Manqina only by sight having seenthem on occasions at Pan African Congress and PASO meetings and marches.
	6.	Nofemelawas aged 22 at the time and was attending Joe Slovo High School.
	7.	Themeeting which re-launched the Langa High Unit of PASO held on 25 August1993 lasted from between one to three pm that day. At the meeting politicalspeeches were made, the main speakers being Simpiwe Mxengu the regionalsecretary of PASO and Wanda Mathebula, the regional Chairperson of PASO.The speeches made by the speakers were militant and were characterisedby inter alia the following:
1.	Thatthe battle to win back the land for the African people was not onlythat of the Azanian People's Liberation Army, APLA, but was onein which all of us must actively assist. The instruction was thatall PASO members must assist APLA operators on the ground and thatwe would do so making the country ungovernable.
		2.	In1993 APLA had adopted the slogan "Year of the Great Storm". Thatslogan was also adopted by PASO at that meeting and then put intooperation by PASO.
		3.	PASOmembers were instructed to actively support the teachers' strikefor recognition and we were to refuse to pay examination fees, theaim being to destroy the whole system of education, and,
		4.	Thesespeeches were closed with the slogan One settler onebullet. I understood this slogan to applyto every White person who came into the line of fire during an APLAoperation or an operation to support APLA, or where we, as PASOmembers, were to assist in making the country ungovernable.
	8.	Thespeeches at the meeting and my election as Chairperson inspired me andmade me eager to "operate" to assist APLA. In fact Nofemela and I hadbeen receiving training from APLA operators in the township. This traininginvolved physical training, attending political classes and also instructionson how to handle arms and ammunition.
	9.	Agroup of approximately 200 left the meeting and decided to walk to BonteheuwelStation. The balance of those who attended the meeting were those whoresided in Langa and they decided to stay behind. This group of approximately200 decided to walk from Langa to Bonteheuwel along Vanguard Drive withthe aim of targeting government and company vehicles. As we walked alongVanguard Drive we threw stones at some government and company vehicles.Whilst walking we were singing, toyi-toying and chanting political sloganslike 'One Settler one bullet'. 
		AlongVanguard Drive we had stopped a truck and were in the process of tryingto burn it down but before we could do so the police came onto the sceneand we then threw stones at the police van damaging its windscreen.The policemen in the van were White policemen and they fired shots atus causing us to retreat. As we retreated we split into two groups,the one group going back to Langa and the other group, which includedme and Nofemela, moved onwards towards Bonteheuwel Station.
	10.	Nofemelaand I were now in a group of between 80 to 90 students. When we approachedBonteheuwel Station a train pulled into the station and we boarded thetrain. We passed Natrec Station and got out at Heideveld station. Weboarded the train at approximately something to four and disembarkedat Heideveld station at approximately five to ten minutes later.
	11.	Wewalked past NY110 to NY1 in Guguletu in a group of between 80 to 90,still toyi-toying, singing and chanting the slogan "One settlerone bullet". As we walked in a group we did not see anygovernment or company vehicles.
		Nofemelaand I then walked to Iona shopping centre which is situated at NY1 inGuguletu. At the shopping centre we got onto a bakkie and this bakkietook us to section 3 in Guguletu, which is where we stay.
		Whilein the bakkie we had passed a BP garage, which is on the corner of NY1and Klipfontein Road, and there we noticed the other group which hadearlier retreated back to Langa station. Another group of students whomwe identified as Congress of South African Students, COSAS, has alsoformed themselves into a group. 
		Thebakkie was driven by a man named Maleleke. Maleleke works at the shopcalled Viveza which is situated at NY119 in Guguletu. I know him fromthe area. I do not know whether he also owned the bakkie.
		WhilstNofemela and I were on the bakkie we had approached the Caltex garagewhich is situated at NY1 and NY132 in Guguletu and it is here that wesaw Amy Biehl running across the road, that's in NY1 towards the garage.She was bleeding from the head. She was pursued by a group of betweenseven to ten people.
		Ijumped off the bakkie and also pursued her, throwing stones at her.I did so twice. I was about three to four metres from her when I threwstones at her. Manqina tripped her and she fell and I saw Manqina almoston top of her making a stabbing motion towards her. Stones were alsobeing thrown at her from a very short distance. Nofemela also jumpedoff the bakkie...."
	Can I just pausethere Mr Chairman and learned members, to make an amendment which has been discussedwith applicant Peni, just wishes to change the next sentence to read as I amgoing to read it into the record,
".....Nofemelahad also jumped off the bakkie and he threw stones at Amy Biehl".
Thank you.
"Allthis was happening very quickly and soon after we arrived on the scenethe police arrived and the crowd dispersed in all directions. I myselfran home.
	13.	Iconfirm having filled in the amnesty application in May 1997 when Iwas assisted by Letlhapa Mpahlele, the Director of APLA operations.
		Iam applying for amnesty because I have been found guilty of killingAmy Biehl by a court of law.
		Iparticipated in the killing of Amy Biehl.
		Iam also taking responsibility as PASO Chairperson.
		Ideeply regret the killing of Amy Biehl and I ask her parents, relativesand friends to forgive me.
	14.	Ialso wish to comment on the statement made by Comrade Makwetu, who isnow the ex-President of the PAC, whose comments appear on pages 36 and37 of the record which is before the Committee.
		Firstly,it is correct that PASO is not part of APLA. However, on the day inquestion when Amy Biehl was killed the PASO leadership implored andinstructed us to assist APLA in its struggle by making the country ungovernableand by preparing the groundwork for APLA operators.
		Secondly,it is correct that at the time there was a strike by SADTU in the WesternCape and we as students supported that strike. We also supported OperationBarcelona which was the slogan of COSAS, an ANC affiliate.
		Thirdly,however, at the PASO meeting that day we were incited by militant politicalspeeches and we were instructed to support Operation Great Storm whichwas adopted by APLA in 1993 and which PASO adopted and supported. Thisoperation involved using essentially the same tactics as that to beadopted by Operation Barcelona, i.e. to make the country ungovernableand to refuse to pay school examination fees.
	15.	Iwas arrested in October 1993 and I was held for two days. I was requiredto attend an identification parade, but at the identification paradenone of the witnesses called to testify against me could identify me.I was then released but rearrested on 13 January 1995 and I was convictedof the Amy Biehl murder in June 1995.
	16.	Irespectfully submit that,
1.	Myapplication for amnesty complies with the requirements of the Act".
That is now subjectto what Judge Ngoepe correctly pointed out, that formally it doesn't complybecause of the cut-off date hasn't been promulgated.
"2.	Thatthe offence in respect of which I was found guilty, namely the murderof Amy Biehl, was an offence which is associated with a politicalobjective committed in the course of the conflicts of the past andwhich complies with the criteria set out in Section 20(2) and (3)of the Act and,
3.	Ihave made full disclosure of all the relevant facts.
	Signed byNtombeko Ambrose Peni, signed and attested to on the 7th day of July 1997".
	Mr Chairman thenthere are just a few questions I would like to put to Mr Peni myself beforethe Committee does.