Amnesty Hearings — Durban — 1999-08-16

MR RORICH: Yes, Mr Chairperson, the next applicant in this matter is Bernard Mwelase.  His initial application and founding and supporting affidavits are found in bundle 1 page 41 to 62.  From the affidavit it is noted that it's quite a lengthy affidavit.  I will attempt to restrict myself to the matters relevant at hand.  The applicant will give evidence in Zulu.  He is ready to take the oath.

BERNARD MWELASE: (sworn states)

CHAIRPERSON: Yes?

MR RORICH: Thank you, Mr Chairperson.  Mr Mwelase, what was your occupation prior to 1994?

BERNARD MWELASE: I was employed as an askari up until January 1991, employed by the Security Branch.

MR RORICH: Can you please inform this Committee how you became an askari?

BERNARD MWELASE: I went into exile where I joined the ANC, from there I joined the MK in Botswana which was the military wing of the ANC.  After that I returned into the country.  Unfortunately after a few days after I'd returned, some people informed on me that I had returned and I was then arrested.

CHAIRPERSON: What year was it that you returned to the country?

BERNARD MWELASE: It was in December 1987.  I was arrested on the 18th January 1988.

MR RORICH: Mr Mwelase, can you inform us please, why were you arrested?

BERNARD MWELASE: On my return I had firearms in my possession which I was going to use in the struggle to topple the then government.

MR RORICH: And why did you become an Askari?

BERNARD MWELASE: From the events that transpired, I was unable to fulfil my mission because when I was arrested, my mother was also arrested as well as for the fact that I was subjected to extreme torture.  I was then forced and ultimately agreed to becoming an askari because my mother was also arrested when I returned and this put me in a bad light amongst family and friends.

MR RORICH: Mr Mwelase, do you remember an abduction round about the 15th June 1988?

BERNARD MWELASE: I learned about that when I went to the TRC and they inquired about operations that I'd been involved in.  That was when I stated to them that I'd been involved in an operation where a person was abducted in Durban.  I did not remember the specific date but from the people who took down my statement, they told me about the dates and they even informed me of that person's name.

MR RORICH: Mr Mwelase can you please inform this Commission how it is that you became involved in this abduction?

CHAIRPERSON: What about the name of the person he's talking about?

MR RORICH: Mr Chairperson, I'll establish that at a later stage.

CHAIRPERSON: Carry on.

MR RORICH: Mr Mwelase please explain to this Commission how it is that you became involved in the abduction.

BERNARD MWELASE: When I was released from prison I was taken to Pretoria where I joined Mr de Kock's unit at Vlakplaas.  Normally we would leave Pretoria for Durban to assist in their operations, that is in identifying people whom we knew from exile.  It was not only MK cadres who became askaris but also PAC members.

MR RORICH: Mr Mwelase, the question I posed to you was, how did you become involved in this abduction?

BERNARD MWELASE: With regards to that abduction, we had come to the area to identify people that we might encounter and as we were still around in this area, we heard that there had been an explosion that had taken place in either Pinetown or Bothashill and we were supposed, in fact we were patrolling around the Durban area and we had been there and we were then called by Col Taylor in Verulam and informed that a person had died in an explosion.  Thereafter we got into a vehicle and proceeded to that scene.  On arrival we did see that person and there were police in uniform who had cordoned off the area.  That person was maimed, his lower jaw was missing, his stomach, intestines everything was all over the place and we were asked if we knew this person and we could not identify the person.  We were asked to identify the kind of weapon used in the explosion and Stanley picked up a metal piece and on examining this piece we concluded that it was a mini limpet mine.

CHAIRPERSON: Who is this Stanley?

BERNARD MWELASE: It was Stanley Moni from Soweto.

CHAIRPERSON: Give me that name again, Stanley what?

BERNARD MWELASE: Moni.

CHAIRPERSON: How do you spell that?

BERNARD MWELASE: M-O-N-I.

CHAIRPERSON: Was he also am askari?

BERNARD MWELASE: Yes.

MR RORICH: Mr Mwelase, after you had identified the explosive device, could you please informed the Commission what happened thereafter?

CHAIRPERSON: Just hold on.

BERNARD MWELASE: Col Taylor was present at that scene, but we left him there and we got into the kombi and went about our business and were still discussing this matter.   When we returned to the base in Verulam, we met Larry, Sgt Larry Hattingh as well as Warrant Myeza and Mr Brown.  Mr Brown was a South African Police member, a black member, whose nickname was Mr Brown and he would normally drive us from Pretoria to Durban.  We had a discussion about someone who had survived this explosion who was apparently the brother to the deceased.  It was planned that we were to meet this person.  In fact we first went to the hospital to see this young man and we discovered that he had shrapnel all over his face, his face was swollen and he was seriously injured and Col Taylor asked this young man who had given him the limpet mine and the boy indicated that it had been given to them by Mr Ninela.  From what I could surmise, it appeared that Mr Myeza was not sure of how to get hold of this person and we had to come up with a plan of how to abduct this person and it was at that point planned that we would pretend to be MK cadres because if he was approached by the police, he might divulge everything and that is why we decided that we would go to him, explain to him that we are going to take him out of the country.  The plan was that he was going to be told that he was going to be taken out of the country because of the weapon that he had given to these other boys.
	We then went to his place and it was Myeza who drove the vehicle and I was with Stanley as well.  Stanley and myself went into the house, we found him with his girlfriend.  I cannot identify this person.  We introduced...(intervention)

MR LAX: Sorry Mr Mwelase, if you can just go a little bit slower you might make more progress, because you're going a lit bit quickly and the interpreters are having to backtrack and ask you more questions to explain.  If you could just slow down a little bit, it will help everybody.  Thanks.

CHAIRPERSON: People have to be told.  They must get the chance to understand what is being said.  Carry on.  You went to a house and he was there with his girlfriend.  Where was this house?

BERNARD MWELASE: I do not know the Durban area well and on our trips we will just patrol around the city but this place was around Pinetown on the outskirts of Pinetown.  It was, it looked more like a rural area ...(indistinct)  I'm not sure.

CHAIRPERSON: I can't hear the interpreter.
Yes.