Amnesty Hearings — East London — 1999-03-24

ADV PRIOR: The next matter on the role is the Yellowwoods Hotel Attack matter.  It's the amnesty application  of Mr Madasi, Mr Diahamonaeng and Mr Ntintili.
	Mr Mbandazayo appears for the applicants, and P C Prior, Evidence Leader for the Amnesty Committee.
	May I be permitted to proceed?  The only outstanding aspect in this matter regarding the evidence, was the request by the Committee at the last hearing of some ballistic evidence regarding the damage to the buildings of the Yellowwoods Hotel.  	I managed to secure, which I've circulated, an affidavit of Victor Jacobus van der Merwe who was the ballistic expert who attended the scene, and particularly in paragraph 4 of his affidavit he described the damage to the various buildings, damage to the bar area and the entrance, as well in (4).4 there was damage, bullet holes in the wall and the door - sorry, the wall and window of the building next to the bar, which served as a storeroom.
	Now - and then he goes on to have examined the various cartridges that were found.  That appears in paragraphs 5, 6 and 7.  It would seem from discussing the matter with Mr Mbandazayo, that he had no difficulty with the handing in of the affidavit, and then thereby avoiding calling Mr van der Merwe.  I don't know what the Committee's attitude is.

CHAIRPERSON: Well we suggested that yesterday, that it might not be necessary.  This was merely to get the information on record.  It was raised at the previous hearing, and we had these photographs which were handed in as exhibits, which marks all over them.  This now ties up.

ADV PRIOR: Yes.

CHAIRPERSON: I would like to say though at the same time, that we are extremely thankful to Captain Els and to Captain van der Merwe for their assistance.  They have been extremely helpful, they've got us this information quickly and it has been consistent with the assistance we have had from the police through all these hearings here, and we are extremely grateful for that assistance.

ADV PRIOR: Thank you, Mr Chairman, we're indebted for that.

CHAIRPERSON: So this can be handed in as an exhibit?

ADV PRIOR: I think it's Exhibit E.

CHAIRPERSON: Yes, that complies with mine, Exhibit E.
Right.

UNKNOWN: Thank you, Chairperson and Members of the Committee.
	I will start in this matter by saying that I believe that this matter is in all fours with the Heidelberg Tavern incident, especially with regard to the shooting and the damage to the buildings. ...(intervention)

CHAIRPERSON: And you have the advantage that the two members of the Committee that sat there are now sitting here.

MR MBANDAZAYO: Yes, Chairperson, I was going to say that, especially the two members of the Committee who were sitting in that hearing of Heidelberg Tavern, and also the advantage that the Evidence Leader was also in that hearing,  was also leading evidence in that hearing.

CHAIRPERSON: Well the finding there was wasn't it, that that was an attack carried out on behalf of APLA, on the command of their senior officers, that they merely obeyed orders?  Mr Prior, you accept that conclusion, don't you?

ADV PRIOR: Yes, that was the evidence.

CHAIRPERSON: Yes.

ADV PRIOR: That was supported by the surrounding facts.

MR MBANDAZAYO: Thank you, Chairperson.
	I was still saying, especially with regard to the shooting outside, where there was of course a dispute as to what happened to the other buildings, whether they attempted to shoot to other buildings surrounding the Heidelberg Tavern, which is also the case here where you find that with the exception of shooting in the bar there are also attempts to shoot to other buildings, which of course is also in dispute, when the applicant gave evidence, especially Madasi who was the first applicant.
	May I also hasten to say that Madasi was also involved in the Heidelberg Tavern incident.  So it was in both incidents he was involved.  And also that - Chairperson, before I argue that, the only new member, the other person who was involved in the other incidents was Mr Ntintili, in that the weapons which were used in the Golf Club were left with him and he was given an order by Xhomiso Nonxuba who was a regional commander, the late Xhomiso Nonxuba, to transport them now to Fort Beaufort.  And these weapons were used in the Yellowwoods attack.  So that is the involvement of Ntintili, because he has to transport the arms which were used in Golf Club to Yellowwoods.  
	And the new member, the other person who was appearing for the first time was Diahamonaeng who was represented by Mr Mthembu in the hearing.  And also that Diahamonaeng is involved in various other matters in the borders and also in Gauteng in Randfontein which hearing has already passed and he was involved with Thimangasekile Bani.  Unfortunately he received notice after the date of the hearing and Bani was granted amnesty in that incident in which the two of them were involved.
	Chairperson, if we go through the evidence which was led, it was clear that on the first attempt there were quite a number of them - they had also Diesel Siyone, where after taking a car, highjacking a car and they were chased by the police, they could not pull the mission, they had to abandon the mission and they have to run away from Alice and they went to Mdantsane and they have to contact Xhomiso Nonxuba and advise him of what happened and they were given new instructions.  On the second attempt they were also not successful because when they arrived, if my memory serves me well, it was closed.  It's then on the third attempt that they succeeded, and they were there of them.

CHAIRPERSON: And the evidence was, wasn't it, that the first attempt was over the weekend, on a Friday I think, and the second, when the hotel was closed, was a Friday and the final attack was on a Saturday, because their instructions had been that they must conduct the attack over a weekend when members of the Defence Force were most likely to be there.