Amnesty Hearings — Johannesburg — 1999-02-17

CHAIRPERSON: Today we are starting with the application of Mr Vusi Sidney Mononi, application number AM7913/97.	  The panel consist of myself, Judge Khampepe, on my right hand side, Adv F. Bosman, on my left hand side, Mr Ilan Lax.  Who is appearing for the applicant?

MR LEOPENG: Thank you Madam Chair.  I am Leopeng P.M., I am appearing on behalf of the applicant.

CHAIRPERSON: Thank you.  The Evidence Leader?

MS THABETE: I am Thabile Thabete, the Evidence Leader for the TRC.

CHAIRPERSON: Mr Leopeng, are we in a position to commence?

MR LEOPENG: Yes, Madam Chair, we are in a position to commence.

CHAIRPERSON: May we for the benefit of the members of the public, indicate that English is to be found in channel 2, Zulu, channel 3, and Shangaan in channel 4.  Thank you very much.  Mr Leopeng?

MR LEOPENG: Thank you Madam Chair.

CHAIRPERSON: Is Mr Mononi going to take an oath?

MR LEOPENG: Yes, I was going to indicate that I am not in a position to hand in a supplementary affidavit, I am just going to lead viva voce evidence of the applicant, Mr Mononi.

CHAIRPERSON: Yes.  Mr Mononi, will you please rise?

VUSI SIDNEY MONONI: (sworn states)

CHAIRPERSON: You have been duly sworn in, you may take a seat.  You may proceed Mr Leopeng.

MR LEOPENG: Thank you Madam Chair.  Mr Mononi, you are the applicant in this application for amnesty and you are now serving a term of imprisonment at Medium C, Johannesburg prison, is that correct?

VUSI SIDNEY MONONI: Yes, that is correct.

MR LEOPENG: Is it further correct that on the 19th of April 1996, and at Witwatersand Local Division, you were convicted murder and five other charges and you were sentenced to an effective period of 24 years imprisonment?

VUSI SIDNEY MONONI: Yes, that is correct.

MR LEOPENG: Now Mr Mononi, on or before the incident that is the 4th of August 1993, to which political party did you belong?

VUSI SIDNEY MONONI: The ANC.  The ANC.

MR LEOPENG: Which offices did you hold within the ranks of the ANC?

VUSI SIDNEY MONONI: I was a member and I was a sub-branch Organiser within the ANC Youth League and also a supporter of the SACP and I was a Commander of the Self Defence Unit.

MR LEOPENG: You mentioned that you were the Commander of the SDU's, did you - were you trained to be a Commander of the SDU's and if so, when?

VUSI SIDNEY MONONI: I underwent crash courses inside the country.

MR LEOPENG: Who were your trainers during that training?

VUSI SIDNEY MONONI: Rivert Mkhize, Veli Khumalo and other MK members who had been trained outside the country.

MR LEOPENG: Now let's turn to the day in question, that is the 4th of August 1993.  Very briefly, tell the Committee what happened.

VUSI SIDNEY MONONI: We were patrolling with other comrades on that day, patrolling at Mandela Village and it so happened that as we were patrolling, we came across two uniformed policemen and we approached these two policemen.
	We were armed with firearms, a Makarov pistol, a 38 Special and well as a palm gun and two hand grenades.  	I was in possession of a Makarov pistol at the time.

MR LEOPENG: What were the reasons for you to patrol?

VUSI SIDNEY MONONI: Mandela Village was such that the people thereof were attacked by the members of the IFP and the vigilante groups and they were also harassed generally by the police, so that we had to protect the people against these things.

MR LEOPENG: On that day when you were patrolling, did you have instructions from above for you, to allow you to patrol the Mandela Squatter Camp?

VUSI SIDNEY MONONI: Yes.  We received instructions.

MR LEOPENG: From whom and what rank was he?

VUSI SIDNEY MONONI: The person in charge that day was comrade Winki.

MR LEOPENG: So, are you saying that Winki is the person who gave you instructions to go and patrol the Mandela Squatter Camp?

VUSI SIDNEY MONONI: Yes, that is correct.

MR LEOPENG: Yes, proceed from where you said that you were armed with these firearms, and you met the two police officials.

VUSI SIDNEY MONONI: It so happened that we were deployed around the entrance of Mandela Village.  These two policemen in uniform arrived and we at the time, happened to go to them.  We pointed our firearms at them, and instructed them not to fight because we only wanted their firearms.

MR LEOPENG: You said we, who do you refer to when you say we?

VUSI SIDNEY MONONI: There were five of us, it was myself and other four comrades, comrade Winki, comrade Nyao Daniel and comrade Pat as well as Xolani.

CHAIRPERSON: Will you please repeat the names again.

VUSI SIDNEY MONONI: Winki, Daniel, Pat as well as Xolani.  Myself included.

MR LEOPENG: So among five of you, who was your Commander or the Unit Commander?

VUSI SIDNEY MONONI: Comrade Winki was in charge.

MR LAX: Sorry Mr Leopeng, sorry to intrude.  My arithmetic implies that there were six of them.  He has given us five names plus himself?  Winki, Nyao, Daniel, Pat, Xolani and himself?

VUSI SIDNEY MONONI: Daniel and Nyao are one person.

MR LAX: Okay.  That is helpful, thank you.

MR LEOPENG: Thank you.  Proceed from where you said you met these two police officials and you told them you are not fighting with them, and that they must hand their firearms to you.

VUSI SIDNEY MONONI: It so happened that one of the police threw himself to the ground and the other one, tried to fight Xolani who was in possession of a palm gun, he was trying to grab the palm gun and a shot was fired in the process.  I saw him later on laying on the ground, having been shot.
	We took the firearm and we fled, his service pistol.

MR LEOPENG: So is that your evidence that the police official who was shot, was shot by a bullet which was fired from the firearm which was in possession of Xolani?

VUSI SIDNEY MONONI: Yes, that is correct.

CHAIRPERSON: Isn't that leading Mr Leopeng?  Isn't that a leading statement?  You have not established that evidence.  Ask an appropriate question that will not be leading, but which will nevertheless enable him to give that kind of evidence.

MR LEOPENG: I beg your pardon, Madam Chair.
	Just tell this Committee actually what killed the said police official?

VUSI SIDNEY MONONI: It so happened that as they were wrestling over the firearm, a shot went off and the police fell.

CHAIRPERSON: Who was wrestling with who?  You say it so happened that as they were wrestling, who is he referring to?

VUSI SIDNEY MONONI: I am referring to Xolani and this other one policeman who happened to be shot later on.

CHAIRPERSON: Did you witness the whole incident?

VUSI SIDNEY MONONI: I only saw this other police falling on the ground after the shot went off.  He apparently was shot on the chest.

CHAIRPERSON: Did you witness the wrestling?

VUSI SIDNEY MONONI: Yes, because after comrade Xolani pointed the firearm at him, at the police, the police tried to grab the firearm.

CHAIRPERSON: You may proceed.

MR LEOPENG: Thank you Madam Chair.  After you noticed the said police official falling down with a gun wound, what happened thereafter?

VUSI SIDNEY MONONI: After that, one of our comrades took his firearm and we fled.  The other police managed to flee uninjured.

CHAIRPERSON: Won't you try when you give your evidence, because there were only five of you, won't you try instead of referring to a person as a particular, I mean as one comrade, just mention his name.  Will you do that as you give your evidence?

VUSI SIDNEY MONONI: The one person I am referring to here, is Pat.  He is the one who took the firearm from the police who had fallen down.

MR LEOPENG: Thank you Madam Chair.  After you fled, then what happened?  What happened to the firearm which one Pat took from the police official who fell on the ground?

VUSI SIDNEY MONONI: We took the firearm along because our intention was to get the firearm.

MR LEOPENG: Why do you say that your intention was to get the firearm, what prompted you to go and look for the firearms?