Amnesty Hearings — Vanderbijlpark — 1998-08-13

MPLUPEKI TSHABANGU: I don't know Sir.

MR DA SILVA: Yesterday you also testified with reference to a person called Nonusa, do you recall that?

MPLUPEKI TSHABANGU: Yes.

MR DA SILVA: Is Nonusa a Christian name, surname or nick-name?

MPLUPEKI TSHABANGU: It's a nick-name.

MR DA SILVA: Do you know what Nonusa's real names are?

MPLUPEKI TSHABANGU: I don't know, I think the surname might be Madula if I'm not mistaken.

MR DA SILVA: Could you please repeat the surname again?

MPLUPEKI TSHABANGU: Maduna.

MR DA SILVA: And you say this person, as far as you are aware, was a member of the Defence Force during 1997, is that correct?

MPLUPEKI TSHABANGU: That is correct.

MR DA SILVA: Do you know when he became a member of the Defence Force?

MPLUPEKI TSHABANGU: No.

MR DA SILVA: When was your father injured?

MPLUPEKI TSHABANGU: He was injured between 1991 and 1992, but I'm not sure.

MR DA SILVA: I have no further questions Mr Chairperson.
NO FURTHER QUESTIONS BY MR DA SILVA

CHAIRPERSON: Thank you.  Mr Strydom?

MR STRYDOM: Mention was made of a name Victor Gerswa, alias Getisi, what happened to him?

MPLUPEKI TSHABANGU: I was told he died at the hands of the police.

MR STRYDOM: Were you also told if Sergeant Peens was involved?

MPLUPEKI TSHABANGU: Yes.

CHAIRPERSON: Sergeant who?

MR STRYDOM: Peens.
	Daniel Mabote was a co-accused with you in the criminal trial, is that correct?

MPLUPEKI TSHABANGU: That is correct.

MR STRYDOM: And did he die during the course of the criminal trial?

MPLUPEKI TSHABANGU: That is correct.

MR STRYDOM: Did he die in police custody?

MPLUPEKI TSHABANGU: That is correct.

MR STRYDOM: Have you heard if Sergeant Peens was involved in his death?

MPLUPEKI TSHABANGU: No Sir.

MR STRYDOM: Now during the night of the attack, were the majority of the people of Boipatong in their houses, either asleep or doing with whatever they were busy, in the houses?

MPLUPEKI TSHABANGU: They were in their houses Sir.

MR STRYDOM: As you moved around through the township that specific night of the attack, did you find many people outside in the streets, or on the streets?

MPLUPEKI TSHABANGU: No Sir.

MR STRYDOM: At the beginning of your evidence you testified that you are actually a Shangaan person.  Do you know all the customs and traditions of the Zulu nation?

MPLUPEKI TSHABANGU: No.

MR STRYDOM: Andries Nosenga, do you know him?

MPLUPEKI TSHABANGU: Yes Sir.

MR STRYDOM: Was he a resident in the hostel during 1992?

MPLUPEKI TSHABANGU: I do not remember.

MR STRYDOM: During the night of the attack, did you see him?

MPLUPEKI TSHABANGU: No Sir.

MR STRYDOM: You testified that or you mentioned the name Sondela.  Which part of Boipatong is Sondela?

MPLUPEKI TSHABANGU: That's the lower part of Boipatong, or southern part of Boipatong that is separated by approximately 200 metres from Surela.

MR LAX: Sorry if I could just come in, maybe you could look at Annexure "J" for us, and just - have you got it there in front of you now?

MPLUPEKI TSHABANGU: Yes I have it.

MR LAX: Just say on there what streets from that Annexure "J", you can see all the street names there, which streets encircle Sondela?

MPLUPEKI TSHABANGU: It doesn't appear there.

MR LAX: Thanks.  So is it in fact off Annexure "J"?

MPLUPEKI TSHABANGU: Yes.

MR LAX: Does it appear on any of the photographs?

MPLUPEKI TSHABANGU: If I'm not mistaken I think it does appear slightly.

MR SIBANYONI: What annexure is that?

MR STRYDOM: The witness has pointed to photograph MM1.

MR LAX: If it appears on M1, then which - whereabout on M1, if you can just say in relation to the letters "JK" or "LM", or "FGH".

MPLUPEKI TSHABANGU: It's right across J from "J" downwards.

MR LAX: So that's the - what appears to be a built-up area going around about "J".  There's some trees, and then you say it moves down?

MPLUPEKI TSHABANGU: Yes.

MR LAX: Thank you.

MR STRYDOM: Would I be correct in saying that Sondela is a separate township from the Surela part of Boipatong?

MPLUPEKI TSHABANGU: Yes.

MR STRYDOM: The Sondela part of Boipatong ...(intervention)

CHAIRPERSON: Just a minute, could you just lift up the annexure that we - the exhibit that we're looking at.  Okay, and where is Sondela there?

MR STRYDOM: When Mkhize said that, and the word that was used, Boipatong should be attacked on the 17th of June 1992, did he use the word "Boipatong" or "Surela"?

MPLUPEKI TSHABANGU: I don't remember well.

MR STRYDOM: As far as you were concerned at that stage, which political party did the majority of the people of Boipatong support?

MPLUPEKI TSHABANGU: African National Congress.

MR STRYDOM: The Self-Defence Units, to which political party were they aligned to?

MPLUPEKI TSHABANGU: ANC as well.

MR STRYDOM: I've got no further questions thank you.
NO FURTHER QUESTIONS BY MR STRYDOM

CHAIRPERSON: Mr Lax?

MR LAX: I just want just clarify this, did I hear you correctly that the only time you saw this Defence Force vehicle, what you referred to as a "buffel", was when you were on the foot-bridge coming back?

MPLUPEKI TSHABANGU: Yes.

MR LAX: How far from you was the vehicle at that stage?

MPLUPEKI TSHABANGU: This is an estimation, maybe from where I am right to the gate, the entrance of this hall, or of this place.

MR LAX: It's about 200-odd metres, maybe +-.

MR STRYDOM: I agree with that, 200 to 300 metres.

MR LAX: And then from that point, to use your words ...(intervention)

CHAIRPERSON: The estimate is that it's approximately 200 to 300 metres?

MR LAX: Yes, between that.

MR BERGER: I would have thought that it is closer to two hundred but, I don't want to quibble.

MR LAX: From that point it then retreated, to use your words, to the Trek Garage?

MPLUPEKI TSHABANGU: Yes.

MR LAX: And it parked there, that's the impression I get from what you've said?

MPLUPEKI TSHABANGU: Yes it parked there.

MR LAX: Were there other vehicles at the garage at that time?

MPLUPEKI TSHABANGU: I don't remember, I didn't pay attention to that.

MR LAX: And is it correct that that's the only time you saw police or Defence Force during the entire course of - leading up to the attack that night, and after the attack?

MPLUPEKI TSHABANGU: Yes.

CHAIRPERSON: Thank you.  Advocate Sigodi?

MS SIGODI: Thank you Chairperson.  Just one point which I'd like to clarify, you mentioned that you were staying in the same room with Teresa Mofoking and Timothy Mazibuko.

MPLUPEKI TSHABANGU: Yes.

MS SIGODI: What was your relationship with Teresa Mofoking?

MPLUPEKI TSHABANGU: She was my girlfriend.

MS SIGODI: And what was the form of the room, was it one big room or did you divide it?

MPLUPEKI TSHABANGU: It was a big room, half of it, it was divided into two.

MS SIGODI: So Timothy would also have his own privacy?

MPLUPEKI TSHABANGU: Yes.

MS SIGODI: What worries me is the fact that you were cross-examined and it came out that Timothy came with a duvet full of blood.  What I want to know is, who came first, was it Timothy or was it you, after the attack?

MPLUPEKI TSHABANGU: I don't have any clear recollection in as far as that is concerned, and yet I don't remember seeing him with a bloody duvet.  I did see him with a TV set and threw it somewhere just before we crossed coming from Boipatong.

MS SIGODI: You saw him with a TV set before going back into the hostel?

MPLUPEKI TSHABANGU: Yes, just before we exited Boipatong.

MS SIGODI: If there was a duvet with a - if he had it, a duvet which was full of blood, would you have seen it, or would it have been possible for him to conceal it?

MPLUPEKI TSHABANGU: It's possible that I wouldn't have seen it.  Maybe he could have even concealed it because I wasn't used to go to his room, or to the other part of the room that he occupied.