Amnesty Hearings — Nelspruit — 1999-02-02

CHAIRPERSON: Thank you very much, Mr Claassen.  Mr Claassen the next person I think we will proceed to hear is Mr Sithomo, who is the second applicant in this application and from the reading of his application, I must say we take the view that he's application should be fairly short.  I don't know whether Mr Sithole agrees with the way we understand the issues dealt in Mr Sithomo's application which really curtail the proceedings.
	In that case, because we seem to be having a common understanding, Ms Thabete also has the same view, we would request Correctional Services to accommodate us.  We are aware that they are supposed to go back at 4 o'clock.  We feel that this matter is capable of being disposed of within an hour.  The time now is twenty five to four.  
	I think the matter might be finalised before half past four, and we would request their indulgence in that regard. ...(end of tape) such a reasonable request would do great injustice to the victims who are coming from Heidelberg, who will have to be accommodated at great expense to the Commission on a matter which could have been disposed of in about 20 minutes time.  Can I take it that our request to Correctional Services is acceded to?  Thank you very much.  
	We then proceed to hear the application of Mr Rapheal Senzagakhona Sithomo.

CHAIRPERSON: Are you speaking in Zulu?  Can you understand me?

RAPHEAL SENZAGAKHONA SITHOMO: (sworn states)

CHAIRPERSON: Mr Claassen, you may proceed.

MR CLAASSEN: Thank you, Madam Chair.
	Mr Sithomo, could you state your full names for the record?

RAPHEAL SENZAGAKHONA SITHOMO: Rapheal Senzagakhonea Sithomo.

MR CLAASSEN: Mr Sithomo, is it true that you filled out an application form and also submitted an affidavit, a statement which was made on the application form concerning the incident for which you are currently serving a jail sentence, and which is also the reason why you are applying for amnesty today?

RAPHEAL SENZAGAKHONA SITHOMO: That's correct.

MR CLAASSEN: Mr Sithomo, can you very briefly in your own words tell the Committee exactly what happened and what your involvement was.

RAPHEAL SENZAGAKHONA SITHOMO: I wasn't at work on that day.  The reason I'm in this problem is because of the political situation.  I wasn't there when this incident occurred.  I took leave from the 11th, I went home.  After that I heard on the radio news about the incident which occurred at Ratanda.   From what I heard I didn't have a problem or I didn't associate myself with the incident.

MR LAX: Sorry, did he say he did or he didn't associate himself, Mr Claassen?  I just wasn't clear, the interpretation wasn't very clear.  Please if you can just either repeat the answer or the interpretation or both.

RAPHEAL SENZAGAKHONA SITHOMO: I didn't have anything to do with the incident because I was absent, I wasn't there.  This is the truth.

MR CLAASSEN: Mr Sithomo, you just stated that you heard what had happened over the radio, had you any prior knowledge of any such planning?

RAPHEAL SENZAGAKHONA SITHOMO: You mean before the incident?

MR CLAASSEN: That's correct.

RAPHEAL SENZAGAKHONA SITHOMO: No, I didn't have any prior knowledge about this, no-one told me anything that people were going to attack people in the bus.

MR CLAASSEN: And you had no personal involvement in perpetrating this act?

RAPHEAL SENZAGAKHONA SITHOMO: The truth is I didn't have any knowledge about this incident.

MR CLAASSEN: Thank you, Madam Chair, I have no further questions.
NO FURTHER QUESTIONS BY MR CLAASSEN

CHAIRPERSON: Thank you very much.  Before we proceed to Mr Sithole, may I just on a question of clarity find out when you left for your leave, can you remember?  Was it in September, early September or was it in August?

RAPHEAL SENZAGAKHONA SITHOMO: It was on the 11th of September.

CHAIRPERSON: And where were you on the 28th of September?  We know you were on leave but in which place?

RAPHEAL SENZAGAKHONA SITHOMO: Escort, at Mthabomhlope in Escort.

CHAIRPERSON: Thank you very much.  Mr Sithole, do you have any questions to put to Mr Sithomo in view of his brief evidence before us?

MR SITHOLE: As the Chair pleases.  There is just one question, Madam Chair, and it relates to the earlier question I wanted to ask Mr Hadebe on page 17 of the paginated documents.
	I see on paragraph 9(a)IV you allege that Thokozani Biela, Kujeza Nxango, Mpakisani Choncho, Thandogwake Ndlovu and Zaccarehia Mhlongo committed the offence, how did you come to know about the fact that they committed the offence?

RAPHEAL SENZAGAKHONA SITHOMO: This is a mistake that I mentioned these people.  These are the people that I knew but I didn't say these were the people who perpetrated this crime.

MR SITHOLE: I have no further questions, Madam Chair.
NO FURTHER QUESTIONS BY MR SITHOLE

CHAIRPERSON: Thank you, Mr Sithole.  Ms Thabete, do you have any questions to put to Mr Sithomo?

MS THABETE: No questions, Madam Chair.

CHAIRPERSON: Thank you.  Mr Lax?

MR LAX: No questions, Chairperson.

CHAIRPERSON: Ms Bosman?

ADV BOSMAN: No questions, thank you Chairperson.

CHAIRPERSON: There is no reason to come back to you Mr Claassen for any re-exam and I shall not do so.  Are you closing your case, Mr Claassen?

MR CLAASSEN: That would be my case, Madam Chairperson, concerning Mr Sithomo that is.

CHAIRPERSON: Yes.

MR CLAASSEN: That is correct.

CHAIRPERSON: Thank you.  But in respect of the two applications, do you propose to call any further witnesses in support of Mr Hadebe's application for instance?

MR CLAASSEN: Not on the evidence that we gave today, Madam Chair.

CHAIRPERSON: Do you propose to call any witnesses at all in respect of any issue?

MR CLAASSEN: Madam Chair, as far as witnesses are concerned, no.

CHAIRPERSON: Thank you.

MR CLAASSEN: There's just the amendment of the application as previously discussed.

CHAIRPERSON: Yes.  So you have therefore closed your case?

MR CLAASSEN: I have, I have.
WITNESS EXCUSED

CHAIRPERSON: Mr Sithole, you had given an indication that you intended to call one witness.

MR SITHOLE: Yes, Madam Chair.

CHAIRPERSON: We will proceed you that opportunity to do so.

MR SITHOLE: Thanks Madam Chair.  Johanna Msibi.

CHAIRPERSON: Is she going to testify?

MR SITHOLE: Yes, Madam Chair.

CHAIRPERSON: Does she speak Zulu?  What language does she prefer to use?

MR SITHOLE: Zulu, Madam Chair.

CHAIRPERSON: Sotho?

MR SITHOLE: Zulu, Madam Chair.

CHAIRPERSON: You may stand to take the oath.  Your full names are Johanna Msibi?

JOHANNA MSIBI: (sworn states)

CHAIRPERSON: You can sit down.  You may proceed, Mr Sithole.

MR SITHOLE: Thanks, Madam Chair.
	Johanna, is it correct that on the 28th of September 1992 you were employed at Escort Factory in Heidelberg?

JOHANNA MSIBI: That's correct.

MR SITHOLE: And is it correct that on that day you knocked off and boarded a bus which was taking you home?

JOHANNA MSIBI: Yes, that's correct.

MR SITHOLE: Can you briefly explain to this Committee what happened when you were about to reach the hostel in Ratanda?
MS MSIBI
"The name of that street next to the hostel is Prode(?).  When the bus arrived next to the hostel or in front of the hostel there were  four men standing there and there was a fire.  When the bus approached there I saw Hadebe taking an object and throwing it in the bus.  I didn't know that that thing was a bomb, I thought it was a stone.  I only realised that it was a handgrenade after it exploded on my foot."

MR SITHOLE: And what injuries did you sustain in that incident?

JOHANNA MSIBI: My right foot and my hip, my right hip.

MR SITHOLE: And according to you, do you know of any reason why you were attacked?

JOHANNA MSIBI: I didn't know that we were going to be attacked but when the firms started we were given two choices to join unions and the white guy agreed that we should join one union.  We didn't want to join Uwusa, we decided to join Fawu.