Amnesty Hearings — East London — 1999-03-25

UNKNOWN: Thank you.
	Again on behalf of the victims and as Evidence Leader, I would be failing in my duty not to address this Committee fully in this particular incident.  My learned friend has differed from his usual address to the Committee and I'm going to submit, for good reason, because he's unable to raise the same arguments in this particular case as were applicable in other matters, for example like the King William's Town Golf Club attack or the Yellowwoods Hotel attack.  
	This particular incident, Mr Chairman, has a particular brutality attached to it which strikes at one of the elements of gravity, which this Committee must weigh as one of the many factors in whether granting or not of the amnesty.  
	Now understanding my learned friend's argument, and we've heard this and we understand the submissions, that it wasn't a racist struggle, it was a struggle against the oppressor, the oppressor was identified as a white person predominantly, whether that white person be a child, an old woman, an informed person or a young healthy person.  There was not distinction as to who the oppressor was among a particular group.  Oppression was associated with a white skin and visa-versa.  
	In this particular case not only do we have Mrs Brummer, a white woman who by all accounts could have been a Xhosa woman because she was accepted by the community of Sterkspruit, who spoke their language and who understood their culture, we have Mr Schroeder, a coloured man who by no stretch of the imagination could be identified as an oppressor.  The evidence of the applicants themselves, Mr Dolo, was that Mr Schroeder was shot when the barrel of the high-powered rifle was put against his neck after the car in which he had been travelling was ambushed and he was callously executed in this manner.  
	There can be no question in the mind of this Committee that the applicants could have been under any impression that this was a white man who was an oppressor who deserved to die for the sake of liberation. 
	In addition hereto we have Mr Tsemane, and I want to make a submission in public that the act or the conduct of Mr Tsemane, with respect, was possibly one of the greatest acts that we've heard of in this amnesty process, where a black man gave his life to rescue, not only a white woman or a coloured man, but a human being, and he paid the supreme price.  Was he an oppressor, with respect, was he identified by Mr Dolo as an oppressor?  Mr Chairman, it defies credulity to attack that connotation or that argument to Mr Tsemane.  
	Mr Tsemane saw the madness, and I want to say madness, that occurred on that day where Mrs Brummer was running in the road and Mr Schroeder was running in the road, being pursued by armed gunmen.  He stopped and picked up Mrs Brummer and was then attacked himself, he lost control of the vehicle and went off the road.  Mr Chairman, this was never properly canvassed, one simply accepted that Mr Tsemane was shot in that exchange of fire, however on a closer reading of the record which was put us, that is the bundle, I want to refer the Committee to the statement which Mr Makuala had written in Sotho which was translated into Afrikaans before a Magistrate and then typed, but at page 33 of the bundle it will appear from Mr Makuala's statement, that after - and that is the first paragraph,  if I may be permitted to quote, he called Mr Tsemane's vehicle the taxi.  He said:
"The white people stopped the taxi.  It stopped, they got in and it made a u-turn.  Kenny said there should be no-one shooting because he wanted to aim at it.  He aimed at it and said: 'I hit it.'  I left my spot at that time.  I was with them.  I was with them when he aimed at the vehicle.  The taxi turned but did not drive for a distance and fell into the bridge."
Now the Committee will be aware from the photographs that were handed up, that the vehicle left the road and landed up in what appeared to be a causeway of sorts.  Mr Makuala proceeded to say in his statement:
"Soon another vehicle from Sterkspruit approached.  Kenny said that I should hijack it for us to get away."
Now that fits in with the objective evidence of the teachers, the ladies that arrived in a bakkie.
"He (referring to Kenny) told Roger and Totina to stand over the bridge to check whether no-one ran away.  I then heard a gunshot.  Kenny too ..."
... and I think that's referring to Mr Dolo.
"... went over the bridge and also shot.  By that time I had already stopped a vehicle.  Inside were three women.  I told them that I was borrowing the vehicle and that they will find it in Sterkspruit."

ADV SANDI: Sorry, Mr Prior, is that bundle A you are reading from?

ADV PRIOR: Page 33 of the bundle.  It forms part of Mr Makuala's Form 1 or his amnesty application.  It was the papers that were put up.  It is the English translation from his statement where he describes it as "my ops", which was written in Sotho.

ADV SANDI: Which of those paragraphs are you reading from now?

ADV PRIOR: Mr Sandi, it was the bundle put up ...(intervention)

MR LAX: He's asking which paragraph of the bundle.

ADV PRIOR: Oh, page 33 of the paginated papers, the first paragraph.

CHAIRPERSON: Is this the bundle relating to the Zastron Mayaphuti Bridge attack? - which is not the bundle relating to this application.

MR MBANDAZAYO: Chairperson, my recollection is that what he is reading at was for another bundle, that's why he never even canvassed himself during the hearing when Mr Makuala was testifying, because that's not the bundle.
	The bundle for this matter is:
"Lady Grey/Herschel Vehicle Ambush"

ADV PRIOR: Alright.  If that is the case, I'm reading from Mr Lax's file and I was under the impression that it had been put up.

MR LAX: ...(indistinct)

ADV PRIOR: Well then I want an adjournment, maybe we should go there.  Maybe it should be brought to the attention of the Committee because it certainly impacts on whether this Committee has received all the information relating to this incident.   It certainly was supplied to the Committee because I'm reading from Mr Lax's bundle.

MR LAX: Mr Prior, there are three different matters in that file, I'm not sure which one you're referring to, but be it as it may.

ADV PRIOR: Mr Chairman, could we have a short adjournment just to ... because I would imagine that there's now a problem whether I can refer to it if it's not properly before the Committee.
MACHINE SWITCHED OFF

CHAIRPERSON: If it has been put before the Committee in other proceedings and it is made by the applicant, we can still refer to it can't we?

MR MBANDAZAYO: Chairperson, it can be referred to by the Committee, but my fear is that it was never tested and asked of Mr Makuala about it, and we will not be in a position to do that anymore.

CHAIRPERSON: It is part of a long statement he made, dealing with many incidents, is it not?

MR MBANDAZAYO: I think so, Chairperson.

CHAIRPERSON: The Zastron Bridge, the Lady Grey Ambush, the Sterkspruit Hotel, the Sterkspruit Garage, Lady Grey Ambush, another one, Lady Grey Farm, Umtata.

MR MBANDAZAYO: I think that's the one, Chairperson, although I don't have it in front of me, I came with this one.

CHAIRPERSON: Very well, we'll take a short adjournment.
COMMITTEE ADJOURNS
ON RESUMPTION

CHAIRPERSON: How long do you need, Mr Prior?

ADV PRIOR: Mr Chairman, I have it now.  It seems that it was given to the Committee in respect of the Lady Grey Farm Attacks, but it was made by Makuala who was also involved in that matter.  And if you recall, those bundles were prepared and distributed to the Committee and to Mr Mbandazayo at the commencement or before the commencement of the Aliwal North hearing.  So they are before the Committee, it was just that we didn't hear evidence on that specific incident.  I think because it occurred in the bundle relating to the farm attack, it didn't form specifically part of the Lady Grey/Herschel bundle.