Amnesty Hearings — Boksburg — 1999-02-24

CHAIRPERSON: I think I could just place it on record from what I've been told relating to this.  If you take a look at page 92 which is a similar affidavit to the one signed by the previous applicant who testified, which appeared on page 84.  The heading of that is Sworn Affidavit as an Addendum to Application for Amnesty and it's dated the 12th of December 1998.  Sorry 1996.  Obviously, the implication being that there was an application completed prior to the application form which appears on page 85 of the papers, the one that was signed by both applicants, each of the applicants on the 6th of May 1997.
	It would appear from the correspondence of the attorneys who at the time represented these applicants that  the applicants did indeed complete an earlier application, but that was before that they had instructed their attorneys, and that it would seem, certainly from the records available to us here, that that earlier application never in fact reached the TRC.  And the attorneys themselves, namely Messrs Nel Kotze and van Dyk, never had sight of those applications, but they were informed of them and that's why they filed this affidavit as an addendum.  
	When it appeared that the earlier application hadn't been received, they completed the ones which are now in the docket, so it would seem the prospects of us tracing and finding those earlier applications are almost zero. 
	Is there anything you would like to add Ms Lockhat?

MS LOCKHAT: That is correct Chairperson, and if you could just mark those annexures as exhibits handed in as ...(intervention)

CHAIRPERSON: We've got some annexures here, correspondence between the said firm of attorneys and the TRC, dealing with this aspect, which we will just number EXHIBIT B.

MS LOCKHAT: Thank you Chairperson.

CHAIRPERSON: Thank you.  Mr Draht?

MR DRAHT: Thank you Chairperson.  Mr Mpongosi, did you sign this statement dated the 12th of December?

MR MPONGOSI: There is one statement that I signed and it was sent away.  I don't know exactly which one statement you are referring to.

CHAIRPERSON: If you could show it to him, the one on page 92.

MR DRAHT: Is this your signature?

MR MPONGOSI: Yes.

MR DRAHT: Was this statement read to you before you signed it?

MR MPONGOSI: No, it was not read to me.

MR DRAHT: Mr Mpongosi can you please now tell us what happened on the 12th of February 1994 at Zevenfontein.

MR MPONGOSI: It was on a Saturday.  I was coming from the Jukskei River, and I was just about to go past Magwaza's shop, and before Magwaza's shop you have a shop belonging to a so called one Mdadana, where I saw Mr Majola in the company of some people.  I know two of these boys.  There could have been six or seven of them in that group.  And as I was going up before I could reach Magwaza's shop Majola came carrying spears and machetes.

MR DRAHT: This Mr Majola, does he belong to any political party?

MR MPONGOSI: Yes, ANC.

MR DRAHT: So you saw a group of ANC people, is that correct?

MR MPONGOSI: That is correct.

MR DRAHT: With what did you say they were armed?

CHAIRPERSON: Spears, bush knives or machetes, same sort of thing.

MR MPONGOSI: Yes they had spears and machetes as well as knopkierries.

MR DRAHT: And then what happened?

MR MPONGOSI: And as I was going past them, it could have been a distance after I passed them, and Majola started attack me with a knopkierrie, and I ran away.

MR DRAHT: How did he attack you?

MR MPONGOSI: When I approached they were at the shop and as I was walking past the shop he came out from Mdadana's shop and came right to me, and he realised that I was running and he started hitting me with a knopkierrie and I went to the corner of Magwaza's shop.

MR DRAHT: Where did he hit you on your body?

MR MPONGOSI: He hit me on the back.

MR DRAHT: How many times?

MR MPONGOSI: No, he actually threw this knopkierrie once because I was running away.

CHAIRPERSON: Sorry, were you alone?

MR MPONGOSI: Yes, I was alone at the time.

MR DRAHT: Continue.

MR MPONGOSI: When I turned a corner at Magwaza's place I came across Zwane and he was sitting there at Magwaza's shop and he was in the company of the boy from Sithole family, and I said to him.  "...would you please accompany me to Sithole so that we could see these ANC people.  Majola had just attacked me.  I would like for him to explain why."
	We then left, my Dizwane and another one, there were three of us.  We went through Skosana's shebeen because that was the route we had to take, and we went right up to the sports field towards Sithole's house.  The house was on the other side of the sports field, further up.  And when we arrived there I narrated this story to Sithole and I requested him to try and locate the ANC leadership and try and find out why Majola was attacking me.  It was myself and the Sithole boy.
I then left, and Sithole promised that he was going to ask them.  Myself and these other two then left.

MR DRAHT: Mr Mpongosi, what time did this happen?  What time on the 12th?

MR MPONGOSI: I did not have a watch on, but it was during the day.  It could have been around twelve or past one, thereabouts.  It was quite cloudy, but yes, that is my estimation.  We then left Sithole's house, myself and in the company of these other two men.  We walked through the sports field and shortly as we left Mr Sithole's house this group of people came.  Instead of asking what was happening they approached with spears in their hands.  I think it was Dustin's brother, bear with me, I'm not sure of their names, I just know their surnames.  He was Dustin's brother.

MR DRAHT: How many people was in this group approaching you?

MR MPONGOSI: They could have been six or seven, and we were three.

MR LAX: Just sorry to interpose Mr Draht.  Where was this, Mr Mpongosi?

MR MPONGOSI: You mean the beating, the fact that I was beaten?

CHAIRPERSON: No, when you came across Dustin and the six or seven when they had spears, where was it, let's say in relation to the sports field?

MR MPONGOSI: I was in the middle of the sports field, having come from Sithole's house.  I was in the middle of the sports ground, and they had come from the shacks that were further up the grounds or at the end of the grounds.  They came with machetes, axe, and spears, and they had a blanket rolled around their forearm to use as a shield.  And we started asking one another as to what was happening, and there's one among them who said, "...Do you still want to talk?"  And I said, "...Please do not get nearer", and Zwane supported me.  And as they were getting closer I put my arm into my pocket and I didn't have a firearm at the time, and at that moment Zwane shot, a missing shot, and they fled back towards the direction from which they came, and we went further down towards Magwaza's place.  And when we arrived at Magwaza's place ...(intervention)

MR DRAHT: Sorry, to, could you see to who Zwane directed the shot?