Amnesty Hearings — Johannesburg — 1998-11-03

CHAIRPERSON: Good morning everybody.  Today we will be dealing with the application of Mr Phillip Faizel Malefane.
	Before we commence I'll just introduce the panel to you.  On my right is Advocate John Motata, he is an Advocate from Johannesburg and on my left is Advocate Francis Bosman and advocate from Cape Town and I am Selwyn Miller a judge from the High Court from the Eastern Cape, in particular the Transkei Division of the High Court.
	I'll just ask the legal representatives kindly to place their names on record.

MR MBANDAZAYO: Thank you Mr Chairperson and Honourable Members of the Committee, my name is Lungelo Mbandazayo, I'm representing the applicant in this matter.  Thank you Mr Chairperson.

CHAIRPERSON: Thank you Mr Mbandazayo.

MOKOTEDI MPSHE: Thank you Mr Chairman, Members of the Committee, I am J. M. Mpshe, for the TRC Amnesty in particular, thank you.

CHAIRPERSON: Thank you.  The proceedings will be simultaneously translated and if you want to receive the translation you've got to be in possession of one of these devices, they are available and you can hear a simultaneous translation by using this.  Mr Mbandazayo?

MR MBANDAZAYO: Thank you Mr Chairperson.  Mr Chairperson, my first witness is the applicant himself, Mr Malefane, he is a Sesotho speaking and may he be sworn in Mr Chairperson?

CHAIRPERSON: Thank you.  Mr Malefane do you wish to take the oath or do you wish to make an affirmation of the truth?

PHILLIP FAIZEL MALEFANE: (sworn states)

MR MBANDAZAYO: Thank you Mr Chairperson.
Mr Chairperson I will try and lead the applicant, I don't have an affidavit also for this matter.
	Mr Malefane, can you tell the Committee when did you join the PAC?

PHILLIP FAIZEL MALEFANE: I joined the PAC in 1979.

MR MBANDAZAYO: Where did you join the PAC?

PHILLIP FAIZEL MALEFANE: In Maseru, Lesotho.

MR MBANDAZAYO: Who recruited you to the PAC?

PHILLIP FAIZEL MALEFANE: It was Bassie Mahase.

CHAIRPERSON: Could you spell that name please?

MR MBANDAZAYO: B-a-s-s-i-e  M-a-h-a-s-e.

CHAIRPERSON: Thank you.

MR MBANDAZAYO: Who asked you to go to Lesotho in 1979 or were you recruited to go to Lesotho or did you go on your own.  Is there anybody who persuaded you to go to Lesotho or was it your own initiative, tell the Committee please?

PHILLIP FAIZEL MALEFANE: I took a decision to go to Lesotho but at that time I was still in jail.  In 1979 I escaped from jail and then I went to Lesotho where I met the members of the PAC.  They influenced me to escape from jail and then after my escape I went to Lesotho.

MR MBANDAZAYO: Now how long did you stay in Lesotho?

PHILLIP FAIZEL MALEFANE: I didn't stay a long time in Lesotho.  I went there in 1979 and then I came back in 1981 and I returned to South Africa.  I went there in 1979, on the 8th August 1981 I came back to South Africa.

MR MBANDAZAYO: What were you doing from 1979 to 1981, before you came back to South Africa, in Lesotho?

PHILLIP FAIZEL MALEFANE: I was with the members of the PAC in Lesotho.  They were teaching about many things, they were giving me crash courses.

MR MBANDAZAYO: Now you said that you came back in August 1981, who gave you instructions to come back to the country or was it again your own initiative to come back?

PHILLIP FAIZEL MALEFANE: I took a decision because in Lesotho I met
the children who I helped to come back to South Africa.  So I came back to South Africa because we needed money so that I could help these children.

MR MBANDAZAYO: Now you came back inside the country in August, what did you do on your arrival in the country?

PHILLIP FAIZEL MALEFANE: Unfortunately I was arrested, I was arrested on the 12 August in 1981.

MR MBANDAZAYO: And I presume you were convicted?

PHILLIP FAIZEL MALEFANE: That is correct Chairperson, I was convicted because they found two passports with me, Lesotho passport and South African passport and I was convicted for 108 days.

CHAIRPERSON: Is it 180 days or 108?

PHILLIP FAIZEL MALEFANE: That is six months, 180 days in solitary confinement.

MR MBANDAZAYO: Okay, let me ask you this way.  At the time you left the country you escaped from prison and I presume you were serving a sentence at the time?

PHILLIP FAIZEL MALEFANE: I found guilty for repossess.

CHAIRPERSON: I think what Mr Mbandazayo is getting at, were you ever charged with escaping?

PHILLIP FAIZEL MALEFANE: That is correct, Chairperson.

CHAIRPERSON: Was the sentence for escaping included in that 180 days that you got?

PHILLIP FAIZEL MALEFANE: No Chairperson, it was not included.  After finishing 180 days I was taken to Barberton, I went there to finish my sentence for escaping from jail.
ADV. BOSMAN: Sorry, can we just get this clear, the 180 days, was that for a conviction, was that a sentence or were you detained under the security legislation?  I'm not quite sure on that?

PHILLIP FAIZEL MALEFANE: At Motabele, they've written on a card and they said I will stay there for 180 days while the police were still investigating under the Security Act.
ADV. BOSMAN: Thank you.

MR MBANDAZAYO: Thank you Mr Chairperson.
	When were you released in prison for the offence for which you escaped from prison?

PHILLIP FAIZEL MALEFANE: I was released on the 27th October 1986.

MR MBANDAZAYO: And after your release what were your activities?

PHILLIP FAIZEL MALEFANE: After my release I went back to Lesotho.

MR MBANDAZAYO: Yes, how long did you stay in Lesotho?

PHILLIP FAIZEL MALEFANE: I stayed in Lesotho from 1988 until 1990.

MR MBANDAZAYO: And I presume you came back from Lesotho?

PHILLIP FAIZEL MALEFANE: That is correct.

MR MBANDAZAYO: Now what were your activities inside the country on your arrival from Lesotho?

PHILLIP FAIZEL MALEFANE: I was a motor mechanic when I came back from Lesotho.

MR MBANDAZAYO: Okay now Mr Malefane, can you tell the Committee about this incident which happened on the 15th July 1991 which was at Stilfontein, which happened at Stilfontein.  Can you tell the Committee who came up with this idea and who was involved and what was the reason?

PHILLIP FAIZEL MALEFANE: 1990 I met Mabena.  It was at the ...(indistinct) welcome party.  He came to me to ask money for transport to go to Transkei so that he could go there and train at task force.  At that time I didn't have money with me so I took a decision that I should go out and get some money.  I met a Chris Msimeni, then I asked money from him.  I told him that there is an operation that I have to undertake.  He said to me he doesn't have money, he will tell me, so we met other people, he introduced me to those people in 1981 and then we went to Stilfontein Mines.

CHAIRPERSON: It was said you were introduced in 1981, I think it should have been 1991?

MR MBANDAZAYO: That is correct, Mr Chairperson, it should have been 1991.

PHILLIP FAIZEL MALEFANE: Yes that is 1991.

CHAIRPERSON: Just one thing Mr Malefane, who is Chris Msimeni, who was he?

PHILLIP FAIZEL MALEFANE: We grew up together but he was an MK member, we grew up together.

MR MBANDAZAYO: Continue Mr Malefane.

PHILLIP FAIZEL MALEFANE: I met those guys who were three.  We went out to reconnoitre the Stilfontein mines, we went there twice.  For the third time when we went there, we were going to repossess.

MR MBANDAZAYO: Okay, can you tell the Committee who were these three guys, what was the names of the guys?

PHILLIP FAIZEL MALEFANE: It was Bonginkosi Mchunu, Bango Ngubane, Eric Ntani.

CHAIRPERSON: Sorry, just repeat those three names please Mr Malefane?  I've got Bonginkosi Mchunu, Eric - what was his surname?

PHILLIP FAIZEL MALEFANE: Bango Ngubane and Eric Ntani.

MR MBANDAZAYO: Now was it the only three of you to make your reconnaissance or it was the only three of you who went for this operation at Stilfontein?

PHILLIP FAIZEL MALEFANE: I was the fourth one.  When we went there for reconnaissance we were four.