Amnesty Hearings — East London — 1999-04-28

CHAIRPERSON: We proceed to hear the matter of Ian Ndzamela and Pumzile Mayapi.  Just for the record, the next matter is the applications of I N Ndzamela, amnesty reference AM 5051/97 and P Mayapi, amnesty reference AM 5247/97.
	Mr Ntanunu, do you want to go on record?

MR NTANUNU: Thank you, Honourable Chair.  Before we start we would like to thank the Honourable Chair, together with the Members of the Panel for fitting us in.  We also thank counsels for both the victims and applicants in the matter which has just been stood down.
	Honourable Chair and Honourable Members, I have prepared here an affidavit which has been deposed to by Pumzile Mayapi, who is the applicant in this matter.

CHAIRPERSON: Can I just ask you to just hold there a bit.  I just want first of all, just to put yourself on record and then I'll allow the other parties to go on record and then we can come back to the nitty gritty.

MR NTANUNU: Thank you very much, Honourable Chair.  May I be on record that I appear for the two applicants herein, that is Pumzile Mayapi and Ndibulele Ndzamela.  Thank you very much, Mr Chair.

CHAIRPERSON: Thank you, Mr Ntanunu.  Mr Jaco?

MR JACO: I am appearing for Mrs Ntakana.

CHAIRPERSON: Is it Mrs Ntakana?

MR JACO: That's correct.

CHAIRPERSON: Miss Wild?

MS WILD: Thank you, Sir.  I appear here for Miss Jessie Jade Hudson, who is the daughter of the late Mr Anthony Hudson.  I'd just like to place on record the thanks that the family would like to give to the Commission for allowing them to attend and for also paying for their air tickets to enable them to be here.  Ms Hudson is 17 years old, she'll be 18 in July.  Thank you so much.

CHAIRPERSON: Thank you, Ms Wild.  Ms Patel?

MS PATEL: Thank you, Honourable Chairperson, Ramula Patel, Leader of Evidence.  I wish at this stage that I'm assisting Mrs Lillian Dlamini.  Her late son, Wilfred Dlamini was a victim in this matter.  And that at this stage there is no formal opposition, but the position may change later.

CHAIRPERSON: Thank you, Ms Patel, that is noted.  Yes, Mr Ntanunu, now you can proceed.

MR NTANUNU: Thank you, Honourable Chair and Members of the Panel.  This in an application of course in terms of the relevant Section 18 of the Reconciliation Act, and it is in respect of both Pumzile Mayapi and Ndibulele Ndzamela.  There is an affidavit to which Pumzile Mayapi has deposed to.  And for the sake of gravity and ...(indistinct), I would like perhaps to read that into the mike, into the record so that ...(intervention)

CHAIRPERSON: Yes, I'm sorry, just to interrupt you, Mr Ntanunu.  Are there two applications by two - sorry, two affidavits?  I want to have them marked for the record, are there two of them?

MR NTANUNU: There are two affidavits, Honourable Chair, one by Pumzile Mayapi and a confirmatory affidavit by Ndibulele Ndzamela.  So there are two, Chairman.

CHAIRPERSON: Ms Patel, I assume that the parties have that.

MR NTANUNU: Yes, everybody has been placed ...

CHAIRPERSON: Very well.  In that case we will mark the affidavit of Mr Mayapi as Exhibit A and that one of Mr Ndzamela as Exhibit B.  You may proceed, Mr Ntanunu.

MR NTANUNU: Thank you, Honourable Chair.  May I read the affidavit by Mayapi as it is?
"I, the undersigned, Pumzile Mayapi, do hereby declare under oath that one, I am the deponent herein and the facts deposed to are, unless otherwise stated, within my personal knowledge both true and correct.  This is an application in terms of Section 18 of the Promotion of National Unity and Reconciliation Act 34 of 1995, and my reference number is AM 5247/97.  The application in question is in respect of the bombing of the Wild Coast Casino, in the district of Bizana on the 18th of April 1986, and the subsequent loss of lives and personal injuries.  I have been mandated by Ndibulele Ndzamela to depose on his behalf too.  He has also made an application under Section 18 of the abovementioned Act, and his reference number is AM 5051/97.
	Both myself and Ndzamela were members of MK, the military wing of the African National Congress, and we both did the said bombing of the casino, acting within the ambit of the political objectives of the said African National Congress.
	Myself, Ndzamela and the late China, who was also an MK member, were deployed in the Eastern Pondoland region, under the command of the late Mzizi Bilo Makwageza.  And he is the person who had ordered the bombing of the Wild Coast Casino.  May I also mention that this order came after a senseless massacre of our people by the South African Defence enemy forces in Lesotho, in the beginning of 1986.
	I must also mention that we have been charged and convicted on two counts of murder and sabotage in respect of this matter.  We were similarly sentenced to death and that sentence was replaced with 18 years imprisonment on appeal, and we were subsequently released when there was a general amnesty which was granted to all political prisoners in February of 1990.
	I now wish to deal specifically with the bombing of the Wild Coast Casino.
The order from the command structure to bomb the Wild
	Coast Casino, came with the late China about a week before 
	the incident.  He also came with the two limpet mines that 
	were to be used for the operation, or in the operation.
	Three days before the operation we did a reconnaissance of 
	the place in question.  On the day of the operation I 
	borrowed a motor vehicle from a friend of mine, Mr 
	Kobungu.  We drove to Mzamba, that is the Wild Coast 
	Casino.  It was myself, Ndzamela and the late China.  We 
	carried with ourselves the two limpet mines that were to be 
	used in the operation and also had our pistols with us.  I, 
	together with Ndzamela entered the casino, leaving China in 
	the car.  Ndzamela entered the gambling area first and 
	placed the big limpet mine underneath the sewerage pipe of 
	the toilet.  He came out and told me where he had placed 
	the mine and I entered and placed my limpet mine on top of 
	his.  The time was about 19H00, and it was estimated that 
	the mine would explode in about three hours time 
	thereafter.  We then left the place for Nxingo(?) locality, 
	where we were staying.
	I submit with respect, that our actions abovementioned were committed with a political objective, and further, that there was no personal gain on our part.
	I further submit that we have made a full disclosure of the events that occurred on that day, as is required by the Act.  I also further submit that our actions abovementioned were committed before the cut-off date.
	Now to the families of the deceased and to all those who might have been affected and/or inconvenienced in one way or another by our actions, we sincerely apologise and ask for forgiveness.  We plead with them for their understanding.  I therefore pray that it may please this Honourable Amnesty Committee to grant this application."

MR NTANUNU: Thank you, Honourable Chair.  May I just proceed to ask some questions from Mr Mayapi?

CHAIRPERSON: No, in fact I'll have to let him take the oath, but would you want to do that or would you want to proceed just to read the other affidavit also into the record?  It's entirely up to you.  If you want to proceed to Mr Mayapi, then I will let him take the oath.