Amnesty Hearings — Ermelo — 1998-07-23

MR BLACK: Mr Chairman, the next applicant is Mr Bongani Wilberforce Khaba.   He will want to testify in Zulu.

BONGANI WILBERFORCE KHABA: (sworn states)

MR BLACK: Thank you, Mr Chairman.   The actual prescribed amnesty form appears on page 40 of  volume 1 of the bundle, and proceeds to page 46, where the attestation clause appears.   This applicant is seeking amnesty in respect of a murder, a count of murder, attempted murder and two counts of unlawful possession of firearms.   May I refer the committee to page 47 of the bundle?   This is a supplementary statement which elaborates on the prescribed application form.

MR BLACK: Now, Mr Khaba, could you turn to page 57 of that bundle please?   Right.   Now is that your signature which appears there, at the bottom?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Yes.   Page 57.   And you signed this document before an attorney and commissioner of oaths, is that correct?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Now, what is contained in this document, from pages 47 to 57, is this, to the best of your knowledge, a true and correct account of the circumstances there?

BONGANI WILBERFORCE KHABA: Yes, there are some things that I have not mentioned here, but everything is as it is.

MR BLACK: Right.   So, as you mention in your statement and as you say now, you may wish to add, elaborate a bit to the document.   Okay, could we page back to page 47 please?   Now, the sub-heading or section referred to as (a) introduction, you state, in the first paragraph, that you're seeking amnesty in respect of offences relating to and surrounding the murder of Mr Obed Friday Nhlabathi, is that so?

BONGANI WILBERFORCE KHABA: Correct.

MR BLACK: Now, turn over the page.   You have, if, with the leave of this committee, a lot of this is background, so I will be going through it in a manner which is somewhat leading until there's objections.   I will give the under-taking that when it comes to the actual events, he will, in his own words, or he will testify and elaborate.   You say that for this committee to really understand more or less what was happening, you request that they do refer to evidence given before the Goldstone Commission, Human Rights Violation Committee of Truth and Reconciliation Commission, and specifically relating to evidence given by residents of all of the area implicated, that's the Ermelo, Secunda, Piet Retief area, during July of 1997, or no, sorry, that's the date when the commission sat.

BONGANI WILBERFORCE KHABA: Would you please repeat?

MR BLACK: Briefly, at the top of the page, you are requesting that this committee refer to evidence given before the Goldstone Commission and to the Human Rights Violation Committee of the Truth and Reconciliation Commission, which heard evidence from residents in the area of, concerned, which is Ermelo, Piet Retief and Secunda area?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: You also state in paragraph 3 that you personally testified before the Goldstone Commission and provided the commission with details which were in your knowledge, personal knowledge, relating to the political turmoil, the murders and attacks carried out by the Black Cats, IFP members, the para-military trainees who received training in the Caprivi Strip and activities of those parties and organisations which were intent on murdering people sympathetic towards the African National Congress, and generally disrupting the community life?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Okay.   You say that you don't have details of your evidence given to the Goldstone Commission, but you will try and give as much detail relating to the killing of Obed Nhlabathi?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Okay.  Now, if you page on to 49, you say this is a broad outline of your evidence which is contained in this document, and we move on to sub-section (b) relating to your personal details.   When were you born?

BONGANI WILBERFORCE KHABA: I was born here at Ermelo.

MR BLACK: But when, on what date?

BONGANI WILBERFORCE KHABA: I was born in 1974.

MR BLACK: You went to school in Ermelo?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: You say that there was, gangsterism was a problem amongst the youth at that stage, at the time?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: You say you became a member of the Wesselton Youth Congress?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: And at that time, in 1986, the purpose was to participate in rent boycotts, as the community where you lived considered that the then town council was corrupt and misappropriated money, is that so?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: At this time you were still living in Wesselton, were you?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: During 1989 you say you became a member of the Anti Crime Campaign?

BONGANI WILBERFORCE KHABA: That is correct.

MR BLACK: Now could you just explain, this is the first time that organisation has arisen, what was the Anti Crime Campaign?

BONGANI WILBERFORCE KHABA: This was actually a group of youth that was against crime.

MR BLACK: Could you just turn over, page 50.

CHAIRPERSON: Sorry, Mr Black, before you do that, can we get clarity as to when exactly crime started becoming a problem?   We have heard now that in 1989 the applicant became a member of the Anti Crime Campaign, but when did this problem of crime begin exactly?

MR BLACK: Mr Khaba, could you, you've heard the, have you heard the question?

BONGANI WILBERFORCE KHABA: Yes, I did.

MR BLACK: Now you were a youth and a resident of the Ermelo area, could you perhaps tell us what the situation was relating to crime and gangsterism, and when did it really begin?

BONGANI WILBERFORCE KHABA: There were many gangsters at Wesselton Township fighting against each other, and people were being robbed at night, that is around 1989.   The Anti Crime Campaign started at the time when there was already this criminal element in the township.

MR BLACK: Okay.   On page 50 you carry on to mention persons such as Mr Chris Ngwenya and Jwi Zwane.   When you met them and knew them, what - when you first got to know them, what was their situation, what were they doing?

BONGANI WILBERFORCE KHABA: Chris Ngwenya and Jwi Zwane were the people who were in charge of the youth in the Anti Crime Campaign.

MR BLACK: Ja?

BONGANI WILBERFORCE KHABA: Chris and Jwi, Chris in particular, organised drama for the youth and he was liked by the community and residents.   As time went on, during which time the Anti Crime Campaign came into being, they realised that what they were doing was acceptable to the community, and a civic organised a rally at the stadium and they were invited and told that they have to work for the community.

MR BLACK: Okay.   You, did you associate yourself with Mr Ngwenya and his members, you being a member of the Anti Crime Campaign at that time?

BONGANI WILBERFORCE KHABA: Yes.

MR BLACK: You say in paragraph 4 that they co-operated closely with the South African Police and soon began a campaign against the Wesselton Civic Association.   What do you mean by that?

BONGANI WILBERFORCE KHABA: I am saying here that when they had confiscated arms or knives, they would take these to the police.

MR BLACK: Okay.   You say
"Later on a stage..."
in paragraph 5:-
"...a stage was reached..."
or let me put it this way, you say that at that time Chris Ngwenya was a popular person and in fact you say that the civic, by that I understand the Civic Association, asked him to participate in rallies together with them, is that so?

BONGANI WILBERFORCE KHABA: That is correct.