Amnesty Hearings — Pietermaritzburg — 1997-07-29

MR WILLS: Now, you have referred to, on the morning of the incident you said you were at your home with a person by the name of Philemon Dlamini.  This is the fourth applicant who, actually, is not here today.  Is that correct?

JOHANNES MCOQUES SITHOLE: That is correct.

MR WILLS: And who told you, on that day, what was going to happen before you met the people at Henley Dan?

JOHANNES MCOQUES SITHOLE: It was Ngobo.
NO FURTHER QUESTIONS BY MR WILLS

MOKOTEDI MPSHE: I do not have questions Mr Chairman and members of the committee.  Thank you.
CROSS-EXAMINATION BY MR MIRANDA

MR MIRANDA: Thank you Mr Chairman.  Mr Sithole, after you dropped off the first and second applicant in this application, why did you not drive away or go?

JOHANNES MCOQUES SITHOLE: It was because I was involved and I was with the view that Lombo should be eliminated.  If I had the powers and a chance to do so, I was going to do it myself.

MR MIRANDA: And, Mr Sithole, would you have applied for amnesty if you were not recharged for the murder of Mr Lombo?

JOHANNES MCOQUES SITHOLE: Yes, I would have asked for amnesty if there was a need to do so.  As I have already asked in one of the incidents, what happened before.

MR MIRANDA: No further questions Mr Chairman.
NO FURTHER QUESTIONS BY MR MIRANDA

CHAIRPERSON: Was Mr Dlamini with you the whole time, from the time that Mafoeto and Ngobo came to your house?

JOHANNES MCOQUES SITHOLE: May you please repeat the question.

CHAIRPERSON: Was Mr Dlamini with you that morning from the time that Mr Mafoeto Ngobo came to your house?

JOHANNES MCOQUES SITHOLE: Yes, we were with him.

CHAIRPERSON: And did he also know what was going to happen?

JOHANNES MCOQUES SITHOLE: Yes, he knew what was supposed to happen.

CHAIRPERSON: And did he go with you to assist these others?

JOHANNES MCOQUES SITHOLE: That is correct, he accompanied us.

CHAIRPERSON: And did you stay after you had dropped them in Berger Street, did you stay there so you could help them?

JOHANNES MCOQUES SITHOLE: Yes, we waited in the car.

CHAIRPERSON: Thank you.  Are you re-examining?

MR WILLS: No re-examination.  That is the case for the applicants, Mr Chairperson, committee members.

CHAIRPERSON: Mr Mpshe, do you propose to lead any evidence?

MOKOTEDI MPSHE: Mr Chairman, I do not propose to lead any evidence, but my colleague, Mr Miranda, is going to lead evidence.

CHAIRPERSON: Yes, well, we are coming to him next.

MOKOTEDI MPSHE: Thank you.

CHAIRPERSON: Mr Miranda.

MR MIRANDA: Thank you Mr Chairman.  My apologies to my learned friend having not advise him.  We will not lead any evidence.

CHAIRPERSON: (Microphone not on).
MR WILLS ADDRESSES COMMITTEE ON MERITS OF CASE

MR WILLS: Yes, thank you Mr Chairperson, committee members.  I submit, with respect, that the application on behalf of all three applicants should succeed on the basis, one, that a political motive has clearly been established and, in addition to that, there has been full disclosure in relation to the incident in question.  As regards the political motive, the conflict in the area, the fact that the two applicants, the first two
applicants were MK members and they received orders to perform the actual hit in question and, in addition to that, I submit, with respect, that it can be, it is clearly established that the deceased in this matter was a member of an opposing party and, based on evidence in bundle, specifically I refer to the letter from the Attorney-General, on page 54 of the bundle, he was a prominent IFP member and, specifically, the third paragraph there, the person writing on behalf of the Attorney-General indicates and I quote,
"The deceased was a member of the Inkatha, possibly a hit man and he was an accused in two murder cases then awaiting enrolment in the High Court.".
Further, what is important, is the Attorney-General's letter indicates that, I quote,
"There appears to have been, this appears to have been a politically motivated crime.".
	I also think that it is common cause in the statements by some of the relatives of the accused in the bundle, that the deceased was a prominent IFP person.  I refer to page 92 of the bundle, the statement of Wilson Lombo and, in addition, the statement of Abner Lombo on page 91 of the bundle where the brother of the deceased, who made this statement, states that he was the branch Chairman of Mavundlanie Ward of the Inkatha Freedom Party.  
	In respect of the escapes, I submit the, the application on behalf of the first two applicants is also, it is also clear that there was a political motive and that in that regard I submit that cognisance can be taken of the assistance given by the ANC to facilitate the escape, both prior to the escape, during the escape and in order to transport and hide persons until they were safely evacuated from the country.  
	I submit that there disclosure in respect of the, this incident, in addition, has been full.  Not that the next point I am going to raise is an essential factor for applications of this nature.  I submit, however, that the fact that this incident was discriminate in the sense that a particular person was identified, he was the only person injured.  No attempts were made to injure anybody else.  
	The second applicant or, sorry, the first applicant made it clear that they were concerned about the safety of people surrounding, the fact that the incident only involved one shot at close range reduced the risk to anybody else in the vicinity and, in addition, the same applies to the escapes.  There appears to have been minimal force used in respect of the escape.  In fact, the only force mentioned was that of the first applicant when he indicated that he pushed over his guard, but, and then managed to escape from custody, but no persons or innocent persons were killed in the incidents, both the incident at Joshua Doore and the escape incidents.  
	Also, I would like the committee to take notice of the fact that the deceased in this matter was mentioned prominently in the hearing before committee members, Mr Richard Lister and others when the enquiry was held on the Seven Day War and I submit that this substantiates the evidence of the applicants, that the deceased was a person who was very active and involved warlord operating on behalf of the Inkatha Freedom Party and whilst the first two applicants did not have personal knowledge of this individual's activities, I think the evidence before the commission, both at, in this committee and the other committee on the Seven Days War, substantiates that whilst this was hearsay for them it was, in fact, it is, in fact, evidence that is based in reality.  I submit in the circumstances that all the applicants should succeed.

CHAIRPERSON: Before the rest go on and while you are talking, there is one point that has struck me which I do not know if I am being over cautious.  That is we have adjourned the hearing of the fourth applicant and during the discussion it was mentioned that any results in the first three might be applied to him as well.  We have, of course, his affidavit before us, but do you think it is necessary to have evidence, from the last applicant to give evidence, that he was also a member of the UDF or is that common cause?

MR WILLS: It appears from my colleagues that it is, in fact, common cause.

CHAIRPERSON: Then there is no need to burden the record further.

MR WILLS: Thank you.

MOKOTEDI MPSHE: Mr Chairman, I have nothing to say.
MR MIRANDA ADDRESSES COMMITTEE ON MERITS OF CASE