Amnesty Hearings — Johannesburg — 1998-10-13

CHAIRPERSON: Thank you.  Adv Steenkamp, any submissions?

ADV STEENKAMP: Mr Chairman, I have no further submissions, thank you.

CHAIRPERSON: Gentlemen, thank you very much.  We will consider the matter and notify the parties of the decision once it is ready to be delivered.  Thank you for your assistance.

MR SHAYI: Thank you Mr Chairman.

CHAIRPERSON: You are excused.
WITNESS EXCUSED

CHAIRPERSON: Can we revert to the matter of Khumalo?

ADV STEENKAMP: As you wish Mr Chairman, I do not know if you want to take a minute before I call the Attorney, or we can just call him and start immediately, he is available, Mr Mhlaba.  There he is at the back, he is coming sir.

CHAIRPERSON: We are proceeding with the matter of Bongani Christopher Khumalo which stood down in order to  enable us to deal with a matter which was outstanding since yesterday.
	Adv Steenkamp, I believe that there is some further testimony that did become available in the meantime, would you put that on record?

ADV STEENKAMP: Thank you Mr Chairman.  Mr Chairman, may I first apologise on behalf of the victims for introducing a witness at this stage, as well as to my learned colleague.
	I informed him briefly about the position.  The victims, I am appearing now on behalf of a number of victims.  I would beg leave to call one witness Mr Chairman, that is Mr Solomon Moloi.
	Mr Moloi being the person that is mentioned in charge number 6, of indictment which appears on page 16 and 17 of the bundle Mr Chairperson.  Page 16 and 17, his name is referred to there, he is Mr Solomon Moloi. 
	The applicant was convicted for a charge of attempted murder on Mr Moloi.  May I also put on record Mr Chairman, that the view of the following victims are that they are opposing the application of the applicant, because they are of the view that the applicant didn't make a full disclosure.
	And their names appear on page 1 of the bundle Mr Chairman.  If I may with respect, refer you to page 1.  The first person there being Sergeant Makokani Samson Ndobe, he is present, he is opposing the application.  It is the first person on the list there Mr Chairperson.
	The second person being Colin Zuma, also opposing the application.  
	They can run down Mr Chairperson, the next person is Mr Godfrey Ngubu, Mhlandla Godfrey Ngubu.  He is beneath Elizabeth Titi Mazibuko, also opposing the application.
	Then Mrs Ngubu herself is also opposing the application on the same grounds, Mr Chairperson.  Then Mrs Selina Makwe Moloi is also opposing the application, on the same ground.
	And then Mr Chairperson, Mr Solomon Moloi is present, he is a Zulu speaker.  I would with your indulgence, lead his evidence.

CHAIRPERSON: Thank you Adv Steenkamp.   Mr Sibanyoni, will you administer the oath to Mr Moloi.

MR MHLABA: May I interrupt Mr Chairman, before the evidence is led, may I indicate in respect, may I refer the Committee to page 20 of the court record.
	The information I have at my disposal is that the applicant here, was acquitted in respect of the attempted murder of Solomon Moloi as well as the attempted murder of Selina Moloi.  It appears on line 1 and 2 of page 20 of the judgement.

ADV STEENKAMP: Sorry Mr Chairman, my learned colleague is absolutely correct, it is page number 47 of the bundle, the marked, highlighted page 47 on the top there.  That is charge 6, that is Mr Solomon Moloi.  I am indebted, thank you Mr Chairperson.
	That is Mr Moloi present here today.

CHAIRPERSON: I see Selina Moloi was count 9.  Which was Solomon Moloi, which count was that?

ADV STEENKAMP: Number 6 Mr Chairperson, on top of the page there.  He is found innocent.

CHAIRPERSON: Oh, okay.

ADV STEENKAMP: That is Solomon Moloi.

CHAIRPERSON: Yes, it is the very first one on page 47 of the record.

ADV STEENKAMP: That is correct Mr Chairperson.

CHAIRPERSON: Thank you, thank you Mr Mhlaba.  We have noted the situation.

SOLOMON MOLOI: (sworn states)

ADV STEENKAMP: Thank you for your indulgence Mr Chairman and Honourable members.  Mr Moloi, just for the record, can you indicate to us first of all, what is your current occupation and where are you staying?

SOLOMON MOLOI: At the moment, my name is Solomon Moloi, I am self employed and I reside at Palm Springs.  I am dealing with building material.

ADV STEENKAMP: Is it also correct in saying that during the day of the incident, being the 31st of July 1992, you were staying near Zola 3, Soweto, is that correct?

SOLOMON MOLOI: At that time, I would like to explain everything that happened.

ADV STEENKAMP: Can you just confirm the question, on the day of the incident, where were you staying?  Were you staying at Zola 3, at the house where the incident occurred or where were you staying?

SOLOMON MOLOI: I was just a visitor there, I was not staying there when this thing happened.

ADV STEENKAMP: The deceased in this matter, did you know him and if you did know him, how did you know him?

SOLOMON MOLOI: I know him.   He is very much younger than I am, he is far from my peer.

ADV STEENKAMP: This is the deceased, am I right in saying you were friends?

SOLOMON MOLOI: We were not friends.  I was never his friend.

ADV STEENKAMP: The applicant today before the Committee, do you know him, and if you do know him, how do you know him?

SOLOMON MOLOI: Yes, I do know the applicant.  I know him from Zola 3.  As I had already explained that he grew up under me, but he was far younger than me when we grew up.  I know him very well.

ADV STEENKAMP: At the day of the incident, can you describe to us where were there so many people inside the house, what was happening before the incident?

SOLOMON MOLOI: I will start from scratch.  I have heard him - could you please repeat your question.

ADV STEENKAMP: If you can maybe just follow the questions, I will give you the opportunity to explain exactly what you feel Mr Moloi.  I understand how you feel.  Can you just explain to the Committee why were there so many people inside the house?

SOLOMON MOLOI: This person came to kill me with a hand grenade, that is why there were many people in the house.  It is the people that he brought into the house.

ADV STEENKAMP: Am I right in saying that you are opposing the application because you feel that after listening to the applicant, the testimony of the applicant, that you feel he is not making a full disclosure, am I right?

SOLOMON MOLOI: Yes, that is correct.  That is why I am opposing the application.

ADV STEENKAMP: Can you indicate to the Committee why you are saying so?

SOLOMON MOLOI: He has testified that he came into the house in order to tell us to switch off the lights, and he was called.  He said he was called to the house, or into the house, that is not true.  He was never called.  He came there because he had a purpose to be there.

ADV STEENKAMP: You can proceed.  If I may just ask you to speak a bit slower so that everybody can just write down what you are saying, thank you.  You may proceed.

SOLOMON MOLOI: Should I start from scratch, or where should I start?

ADV STEENKAMP: Just tell us in your own words why do you disagree with the testimony of the applicant as you have heard it.