Amnesty Hearings — Johannesburg — 1998-09-15

CHAIRPERSON: Mr Mbandazayo, just give me a minute.  Perhaps just for the purpose of the record, I can indicate that this particular incident that Mr Dolo is referring to, the Eikenhof incident, was due to have been heard in this session, but it is standing over pending the finalisation of certain court proceedings that will result pursuant to that particular matter.  So, we won't be dealing with that incident in this application, but at a more appropriate stage we will in fact deal with that and finalise that particular one.  Thank you.

MR MBANDAZAYO: Thank you, Mr Chairman.  If there are no other questions, Mr Chairman, I will proceed.

CHAIRPERSON: Please.

MR MBANDAZAYO: Paragraph 13, Mr Chairman, I was about to quote
"I then, with Peter Mochundu, Godfrey Mathebula, Musa who turned out to be a police informer and field person, I have forgotten his name, decided to launch the attack on the police and also identify a police station which could also attack with explosive."
	Now, Mr Dolo, there's this person you have forgotten his name and I understand that when you were explaining you mentioned the name Kenny which it does not involve.  Is this the person now, Kenny?

PHILA MARTIN DOLO: Yes.

MR MBANDAZAYO: Now you remember?

PHILA MARTIN DOLO: Yes, that's the one.

CHAIRPERSON: Do you only know the person by the name Kenny?

PHILA MARTIN DOLO: Yes.

MR MBANDAZAYO: Paragraph 14, Mr Chairman
"We subsequently procured the following explosive and assembled a home-made bomb laced with nails.  One 26 gram petroleum, 2 kg of plastic explosive, one block of 250 grams petroleum, one Chinese stick granite.  Initially I was not going to be involved in the Diepkloof police attack, but due to numerous delays I decided to be involved and command the operation.  The reconnaissance of the target was done and we knew of the times of the vehicle we were to attack as it was always taking policemen to and from work.  We decided to wait for it at the robots of Orlando, Diepkloof and I was armed with R4 and the other person, I have forgotten his name, was carrying an AK47."
That's Kenny, Mr Chairman.
"And I'm not sure about the others.  We divided ourselves into three groups.  Assault group myself, security group the person I've forgotten his name who was also a recruit (which is Kenny).  Three, warning group Peter and Godfrey.  The police van came and we executed the mission and thereafter we withdrew using Musa's vehicle who turned out to be a police informer.  This incident happened on a Friday."
The date, Mr Chairman, has already been given, it was the 28th of May.  Paragraph 19:
"I'm currently serving a life sentence having been found guilty on several charges for which I was sentenced at the High Court of South Africa, Witwatersrand Division, on the 9th December 1994.  I was found guilty of these offences.  Murder, attempted murder, possession of AK47 and R4 machine guns, possession of handgrenade and possession of ammunition and explosives.  The life sentence I'm serving is sequel to my arrest on the 30th May 1993.  On the night of the arrest I got involved in a shooting with police when they came to the room I was occupying at the time."
	Mr Dolo, can you tell the Committee what happened when the police came to arrest you and who was with you?  Were you with any other person when the police came to arrest you?

PHILA MARTIN DOLO: I think that will be on the 30th or the 31st when this incident took place.  It was on a Sunday.  I was with Kenny, the one who was also involved in the Diepkloof attack, who was also involved in Eikenhof incident.  The police came, I think it was early in the morning, very early in the morning after all.  We hear the sound or the bricks caused by Nyala, one of the police van.  We wake up and I told him that we have to fight.  Normally the guns will be positioned in the position whereby we won't be caught napping, but in this time they were behind the mattress.  That is the R4 and an AK which was in my room.
	Whilst I was busy searching for the guns my friend who was with me, Kenny, jump out of the window.  Then I took the R4 and whilst I was approaching the same window, I was approached or startled when I saw that there was a light directed to my face.  I pointed the firearm to that direction and when I shoot it could not.  The person who pointed that firearm I think was very shocked and perplexed because he cried, made some sound.  He didn't shoot.  After those few seconds trying to figure out what is the cause of the firearm, then he shoot me.  Then I fell inside.  I came out again trying to fight my way out.  I was shot again.  
	Again on the third occasion I sort out the question of the firearm.  I find out it was locked and this time my left hand was badly caught.  I have to position the firearm in my elbow.  When I came out again on the third occasion, I think I only manage if I shoot not more than one bullet.  Then I was caught again from both of my hands.  When I fell back again I was closely to the - there was a case, I was on top of it next to the bed.  There were shots from all directions.  I was then on top of the bed, then the shot caught me on both of my legs above the knee.  Then I fell down.  
	They continue shooting until at some stage whereby they thought maybe it's over, because they found out maybe they are the only ones who were shooting.  They kick off - open the door to my room.  They drag me out of the house.  I was only wearing an underwear at that stage.  Outside the house I was positioned to lie with my back.  They throw stand grenades to the adjacent house.  I think two stand grenades were thrown and out of the explosion of those stand grenades a window debris fall in my body and cause some scar.  
	After that they came to me and started their interrogation.  I was beaten up.  They were kicking at me.  Some will extinguish their cigarette butts on my face.  They will make their interrogation asking me a lot of things.  I was in pains.  I don't think I even managed to answer them.  I was in pains and I think I was crying up to an extent I lost consciousness.  I awake at the hospital.

MR MBANDAZAYO: Can I proceed, Mr Chairman, if no question?

CHAIRPERSON: (Inaudible)

MR MBANDAZAYO: Paragraph 21
"I was subsequently shot during the exchange of fire with the police.  I was taken to Baragwanath Hospital and from there transferred to No 1 Military Hospital in Pretoria where my left arm was then amputated below the elbow.
	Yeoville attack.  On Saturday, after the Diepkloof police attack, I gave order to Peter and Godfrey to attach the Yeoville Police Station, and I gave them explosive mentioned in paragraph 14 above.  They proceeded to Yeoville Police Station with Musa and I was made to understand that they were intercepted by the police before they could reach their target.  They were arrested on the 29th May 1993.  We later learnt that Musa tipped the police about the intended attack.  Patrick and Godfrey were subsequently convicted of possession of the above stated explosive and sentenced each to 10 years.  I respectfully submit that my application complies with the requirements of the Act and that I have made full and proper disclosure of my involvement in the abovementioned operations."
Mr Chairman, at this stage the applicant is finished with his submission.  Thank you.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: Is that the testimony?

MR MBANDAZAYO: Yes.

CHAIRPERSON: Good.  Now, just one thing, Mr Dolo, in paragraph 21 of your affidavit, the Yeoville attack, that Saturday that you refer to, was that the day before your arrest?

PHILA MARTIN DOLO: That's it.

CHAIRPERSON: Thank you.  Mr Mapoma, any questions?

MR MAPOMA: Just a few, Chairperson.  During the attack in Diepkloof against the policemen, how were you armed?