Amnesty Hearings — East London — 2000-02-03

MR MAPOMA: Yes Chairperson.  The arrangement actually is that we are going to hear evidence in chief from Mr Mkosana and then we allow the legal representatives to ask questions from Mr Mkosana and at turn from when Mr Nompozolo arrives we will have to adjourn to afford him an opportunity to consult with the client in the light of the evidence by Mkosana before he cross-examines Mr Mkosana should they need.

CHAIRPERSON: Thank you Mr Mapoma.  Mr Mjobo, do you confirm with Mr Mapoma with regard to this?

MR NJOBO: Yes I confirm.

CHAIRPERSON: And is that arrangement in order?

MR NJOBO: Yes.

CHAIRPERSON: As far as the client Mr Gonya is concerned?

MR NJOBO: Yes that's the arrangement.

CHAIRPERSON: Very well.  Yes Mr du Plessis, will we then proceed to hear the evidence of Mr Mkosana?

MR DU PLESSIS: Yes Mr Chairperson, I wish to call my client Vakele Archibald Mkosana.

CHAIRPERSON: Thank you.

MR DU PLESSIS: Mr Chairperson, just before I start, it was conveyed to myself this morning by Mr Smith, my learned colleague, as to the opposition to the application.  If the Commission can just confirm that there would be opposition to this application and request Mr Smith just to indicate the grounds of such opposition firstly and secondly whether he is in possession of any statements in this regard.

CHAIRPERSON: Yes.

MR DU PLESSIS: As the Commission pleases.

CHAIRPERSON: Yes.  Mr Smith, can you be of some assistance in that regard?

MR SMITH: Mr Chairperson, the position of my clients is that due to the circumstances that they are facing, they are constrained to rely on the version of the applicant that is placed before the Commission.  The only ground on which they can uphold it would be that the applicant has not made full disclosure.

CHAIRPERSON: They will basically be testing his version.

MR SMITH: It will basically be attesting of his version, there will not be - there is no other evidence due to their circumstances, they are not in a position to present contradictory evidence to what the applicant presents in regard to orders given and actions taken so they are solely relying on his version and testing his version as to whether he is made full disclosure.

CHAIRPERSON: Yes, no thank you very much Mr Smith, that assists.  We anticipated that to be the position that - I hope it helps you too Mr du Plessis to hear that there's direct evidence contradicting your client.

MR DU PLESSIS: Thank you very much Mr Chairperson.  Then just to confirm ...(intervention)

MR MAPOMA: Excuse me Chairperson, sorry.  I think for the record, Chairperson, I must point out that some of the victims attending this hearing are not necessarily represented by Mr Smith.  I have advised them that for those who are not represented by him I am here to take care of their interests to the extent that they need and my attitude is in accordance with what Mr Smith has said regarding the evidence to be tendered by Mr Mkosana.

CHAIRPERSON: Right, very well.  Thank you Mr Mapoma.

MR MAPOMA: Thanks.

CHAIRPERSON: So I think that makes it even more clear, Mr du Plessis?

MR DU PLESSIS: Thanks Mr Chairperson.  If we can just conclude then with the undertaking of my learned colleagues that the cross-examination would then be restricted to that area as such?

CHAIRPERSON: Yes, yes what we do of course in proceedings of this nature which is not really trial proceedings.  We're sitting as an administrative tribunal, so we  are under duty to be fair to the parties, to the proceedings.  We have certain statutory rights and duties as well as a Panel and the overriding consideration is to ensure that everybody gets a fair opportunity of putting of whatever they want to put to us so we are here to make sure that nobody abuses any of their rights.

MR DU PLESSIS: As the Commission pleases.  We can then proceed with Colonel...(intervention)

CHAIRPERSON: Yes we'll administer the oath to your client then Mr du Plessis.
	Mr Mkosana, just indicate to us if your headset is working, if you hear the interpreters?

VAKELE ARCHIBALD MKOSANA: Yes I can hear properly.

CHAIRPERSON: Very well, thank you.

VAKELE ARCHIBALD MKOSANA: (sworn states)

MR DU PLESSIS: Mr Chairperson, Colonel Mkosana, your identity number is 6012035957082, is that correct?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: You were born on the 3rd December 1960, is that correct?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: And your place of birth is Noupoort, is that correct Colonel?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: You've made an application for amnesty in terms of Section 80 of The Promotion of National Unity and Reconciliation Act of 1995 is that correct?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: Your application is compiled in two bundles called The Bisho Massacre bundle 1 and 2.  I refer you to bundle 1, page 1 to 17, is that correct?

VAKELE ARCHIBALD MKOSANA: Yes.

MR DU PLESSIS: I have proceeded with the preparation of a statement as a guideline in this application and you are in possession of a copy thereof, is that correct?

VAKELE ARCHIBALD MKOSANA: Yes Sir.

MR DU PLESSIS: I have also given copies of this statement as guideline to the Committee and to my learned colleagues.

CHAIRPERSON: Yes thank you, just for the record we have that document, it's a seven page document and we'll mark for record purposes as Exhibit A.

MR DU PLESSIS: As the Committee pleases.

CHAIRPERSON: You may proceed Mr du Plessis.

MR DU PLESSIS: Colonel Mkosana, could you indicate the relevant evidence you would like this Committee to take into consideration?

VAKELE ARCHIBALD MKOSANA: Thank you Chairperson with your Committee.  I Vakele Mkosana, I beg the Honourable Committee to read and incorporate same into this application.
1.	Ciskei Defence Force Board of Enquiry which was assembled for the purpose of investigating matters pertaining to the shooting in Bisho on the 7th day as per convening order 38/92 Bisho Massacre, bundle 2, page 5 - 193.
2.	The Goldstone Report Bisho Massacre, bundle 2, page 194 - 229.
3.	The Pickard Report, Bisho Massacre, bundle 2, page 230 - 269. 
4.	The Independent Board of Enquiry, Bisho Massacre, bundle 2, page 286 - 298.
5.	Testimony to the deployment and circumstances that arraigned on the 7th September 1992, that was given to the Honourable Truth and Reconciliation Commission by Major General Marius Olgers, myself and Major ...(indistinct).
I think that is all for the relevance evidence that I can give.

MR DU PLESSIS: Mr Mkosana, this application entails the so-called Bisho Massacre that took place on the 7th September 1992 at Bisho and surrounding areas which include the indictment, see bundle Bisho Massacre, bundle 1, page 296 - 324, is that correct?

VAKELE ARCHIBALD MKOSANA: That is correct.

MR DU PLESSIS: Now Sir, I want to take you back some seven odd years back to the time prior to the 7th September 1992 as to the background.  Now I want you to indicate to me where did you start your profession as a soldier and how did you become a Colonel subsequently?

VAKELE ARCHIBALD MKOSANA: Thank you.  I will start with the background.  I started my career as a professional soldier on the 2nd September 1982 as a member of Ciskei Defence Force.  I received inter alia twelve months basic training after which I was nominated to the officer's course.  I successfully completed a section leading course and officer's course.  Subsequently I successfully completed a company second in command course as well as commanding commander's course.
	In the normal course of events I also completed different infantry related courses and thus qualifying myself for my eventual promotion to the rank of a captain and subsequently to a major.  I presently hold rank of a Colonel in the South African Defence Force.  I was promoted to this rank in 1994.