Amnesty Hearings — Cape Town — 1999-10-26

XOLA TEMBINKOSI YEKWANI: I can say it was a rifle but not an automatic one.

MR RILEY: What did it shoot, what kind of ammunition did it shoot?

XOLA TEMBINKOSI YEKWANI: I used to call that pellets because it releases something like pellets at the same time, a lot of pellets at the same time.

MR RILEY: Like buckshot?

XOLA TEMBINKOSI YEKWANI: Yes I can say so because I used my own language, I didn't know it in English.

MR RILEY: What did the other person have, did the other person have a firearm?

XOLA TEMBINKOSI YEKWANI: I cannot remember very well when it comes to Michael's firearm but I remember Michael and Tobani.

MR RILEY: Now can you tell us where you went to and why you decided to go to that particular place?

XOLA TEMBINKOSI YEKWANI: I had seen before that as we were looking for the van we wanted to see if we cannot get a van, a vehicle.

MR RILEY: A police van I take it you're referring to now?

XOLA TEMBINKOSI YEKWANI: Yes I'm talking about a police van.  We decided to go to Lansdowne Road because we knew that there was one coming from Nyanga Police Station and from Philippi and Khayelitsha.  I know that they would take a turn at Lansdowne Road.

MR RILEY: So you placed yourselves strategically then at that corner there?  Where precisely were you in that area?

XOLA TEMBINKOSI YEKWANI: At Lansdowne Road next to a turn that goes to Nyanga Station and there's another street that is going towards Philippi and there are trees next to the road and I'm the one who decided to stand next to that tree because I wanted to be the first one to attack.

MR RILEY: And what was the weather conditions like?

XOLA TEMBINKOSI YEKWANI: It was a bit misty on that evening.

MR RILEY: And approximately what time was it when you decided to go out there?

XOLA TEMBINKOSI YEKWANI: When I arrived there it was before ten because the van that we were expecting was to go past there at about ten when the police are changing shifts.

MR RILEY: Yes, won't you be kind enough and explain what happened further?

XOLA TEMBINKOSI YEKWANI: As we were standing there facing the Philippi direction and I knew that it was time and the van was on the way, I heard comrade Sevani saying to me there was a car behind me, that is when I decided to turn and fire because I had no other option when he told me that there was a car behind me and I knew that those were police, they were coming either to arrest me or shoot me.  I turned and I fired.  As I am a left handed person, I turned and I pointed the firearm straight to the driver's window.  I pulled the trigger.

MR RILEY: Do you recall how many shots you discharged?
Do you recall how many shots you fired?

XOLA TEMBINKOSI YEKWANI: I knew this R4 was an automatic, I did not count because the rifle was automatic.

MR RILEY: What then happened?  You were firing at the motor vehicle?

XOLA TEMBINKOSI YEKWANI: I fired and I wanted to be sure that the car is not moving until we take cover and I also wanted to make sure that no one gets out of the vehicle.

MR RILEY: It doesn't appear as if you in fact then looked who the occupants of the vehicle was before you were in fact started firing?

XOLA TEMBINKOSI YEKWANI: I did not notice at the time but I just looked and I saw that there were people inside the car at the front of the car when I was shooting but I did not take a closer look to see as to what kind of people were there.

MR RILEY: So at the time then sir when you were firing the shots at this motor vehicle there and persons in the motor vehicle, who did you think you were firing the shots at?

XOLA TEMBINKOSI YEKWANI: I was sure that that was my enemy, the police that is.

MR RILEY: After you had fired the shots at the motor vehicle as you say you wanted to make sure that this motor vehicle didn't move away from the scene there again, what then happened?

XOLA TEMBINKOSI YEKWANI: I fired and after that we crossed the road, we went to a squatter camp called Brown's Farm.

MR RILEY: Now just before we move off to Brown's Farm now, at the time that you were firing the shots can you say whether your other comrades in fact were also firing shots at the motor vehicle or not?

XOLA TEMBINKOSI YEKWANI: I cannot say for sure because I was also disturbed by the noise that was coming from my own firearm, I cannot say that they did not shoot but I am certain that I did fire.

MR RILEY: You're sure that you fired?

XOLA TEMBINKOSI YEKWANI: Yes I am sure that I did fire.

MR RILEY: Do you recall how you were in fact dressed on that particular night?

XOLA TEMBINKOSI YEKWANI: I remember very well.

MR RILEY: Would you be kind enough and explain?

XOLA TEMBINKOSI YEKWANI: We went to a place as we had decided before the mission, we went to that particular place and they asked the comrades as to what kind of a car was that, the car that we shot at but no one knew.

MR RILEY: No, maybe you misunderstood me, I'll get back to that now.  What kind of clothing did you have on, do you recall how you were dressed, what clothing you had on?

XOLA TEMBINKOSI YEKWANI: Yes I remember myself but I cannot remember the other comrades clothes.

MR RILEY: Do you mind to tell us what you had on?

XOLA TEMBINKOSI YEKWANI: I was wearing a lumber jacket, that was I was wearing some jacket or coat that was long and I had a hat on my head and I was wearing a pair of jeans and some training shoes.

MR RILEY: What kind of a hat was that you had on?

XOLA TEMBINKOSI YEKWANI: Black hat.

MR RILEY: Did it cover your face?

XOLA TEMBINKOSI YEKWANI: No, it was just an ordinary hat not a balaclava but if you pull it down it can cover the ears.

MR RILEY: Do you recall whether any of the other persons who were with you in fact had balaclavas on their heads?

XOLA TEMBINKOSI YEKWANI: No one was wearing any balaclava but they had some hats on their heads, Ntandaso and Michael, but Tobani had no hat.

MR RILEY: Do you recall whether prior to this shooting anyone called out the name of or the nickname of Mr Pro Jack?

XOLA TEMBINKOSI YEKWANI: No, I never heard any person.

MR RILEY: If someone had in fact called out his name would you have heard his name being called?

XOLA TEMBINKOSI YEKWANI: From the two who were standing with me there I could have heard if someone did make mention of Pro Jack's name.

MR RILEY: Did you know Mr Pro Jack personally prior to that incident?

XOLA TEMBINKOSI YEKWANI: No I did not know Mr Pro Jack at the time, the only person that I knew from that family was Buyiswa Jack.

MR RILEY: Now after the shooting where did you say did you go to?

XOLA TEMBINKOSI YEKWANI: We went to a place that was decided upon, a place where I used to stay, Brown's Farm that is.

MR RILEY: And what happened there at Brown's Farm?

XOLA TEMBINKOSI YEKWANI: I asked the comrades if they knew that car, the car that was standing behind me, no one knew a thing about the car.

MR RILEY: Yes?

XOLA TEMBINKOSI YEKWANI: I thought those were policemen.  We dispersed and I was left with Tobani and we went to bed.

MR RILEY: What happened the next day?

XOLA TEMBINKOSI YEKWANI: We saw Michael come with a newspaper reporting that Pro Jack was shot at Lansdowne Road the previous night.

MR RILEY: And when Michael in fact said that the person - is it also correct that it was at the same place where you had in fact then fired shots at this particular motor vehicle that you had thought was the police?

XOLA TEMBINKOSI YEKWANI: Yes that is true.

MR RILEY: And when Michael then came on that morning, the next morning and said to you that the person who had been killed during the shooting was in fact Mr Pro Jack, how did you feel about that?

XOLA TEMBINKOSI YEKWANI: I was very hurt because it was a mistake as that was not my intention.

MR RILEY: What did you then do after the four of you realised then that you had in fact killed Mr Pro Jack?