Amnesty Hearings — Tzaneen — 1999-05-04

CHAIRPERSON: Good afternoon everybody.  I apologise for the delay in the start of this matter, had certain logistical problems.  One of the applicants required a legal representation and Mr van Rensburg has very kindly, on short notice, stepped in, for which we are grateful indeed.
	Before we start, I would just like to introduce the panel to you.  On my right is Judge Khampepe.  Judge Khampepe is a member of the Amnesty Committee and she is attached to the Cape Court.  On my left is Advocate Bosman, also a member of the Amnesty Committee, also from the Cape, and I am Selwyn Miller, Judge from the Eastern Cape attached to the Transkei Division of the High Court.
	These proceedings will be simultaneously translated, and in order to benefit from the translation you have to be in possession of one of these devices.  They are available from the sound technician in front, so if you wish to benefit from the translation, please make sure you have one of these devices.  Translation will be English and Venda.  Is that correct?
	I would like to at this stage ask the legal representatives please to place themselves on record.

MR MEYER: Mr Chairman, the surname is Meyer B.H.  I am practising from the Pretoria Bar and have been instructed by the firm Booyens, du Preez and Boshof, in Pietersburg, and I represent the first four applicants, if I can call it that:  General Ramushwana, Director Ramaligela, Mr Nesamari and Mr Magana.  Managa, I beg your pardon.

CHAIRPERSON: Thank you Mr Meyer.  Mr Janse van Rensburg?

MR VAN RENSBURG: Thank you Mr Chairman.  My name is van Rensburg S.J., from Kriek & Van Rensburg Attorneys, Tzaneen, and I act on behalf of the State Attorney, Pretoria, and I represent the fifth applicant, Mr Carlson Netshivale.

CHAIRPERSON: Thank you.

MS MTANGA: Thank you Chairperson.  My name is Lula Mtanga, the Evidence Leader for the Truth Commission.  I will also be assisting the victims in this matter.  Thank you.

CHAIRPERSON: Thank you Ms Mtanga.  Right Mr Meyer are you ...?

MR MEYER: I'm ready to proceed, Mr Chairman.  As my first applicant I call General Gabriel Ramushwana.

CHAIRPERSON: Mr Ramushwana, do you have any objection to taking the oath?

MUTHEIWANA GABRIEL RAMUSHWANA: (sworn states)

CHAIRPERSON: It's very hot here in Tzaneen, please if you wish to remove your jackets, feel free to do so.  Mr Meyer?

MR MEYER: Thank you Mr Chairman.  General Ramushwana, if we can start off first by, if you can just put on record your current occupation and where you live.

MUTHEIWANA GABRIEL RAMUSHWANA: Mr Chairman, I'm at the moment retired.  I'm a farmer, and I am resident in Messina.

MR MEYER: General Ramushwana during the early 1980's you were a member of the Venda National Force. Is that correct?

MUTHEIWANA GABRIEL RAMUSHWANA: That's quite correct Mr Chair.

MR MEYER: And what was your position there?

MUTHEIWANA GABRIEL RAMUSHWANA: I was then the Deputy Commander of the Security Branch, with the rank of Lieutenant-Colonel.

MR MEYER: At that stage the previous homeland of Venda was still independent.  Is that correct?

MUTHEIWANA GABRIEL RAMUSHWANA: Quite right.  It obtained independence during 1979.

MR MEYER: What was the political situation like during the early 1980's and more specifically around 1981 and '82?

MUTHEIWANA GABRIEL RAMUSHWANA: Between '79 '82 things were reasonably peaceful in the former homeland, although there was obviously a large group of people who were against Venda opting for independence.

MR MEYER: Was there pre-political movement in the sense that the previous liberation movements for instance the ANC, Azapo etc. were they allowed in the country?

MUTHEIWANA GABRIEL RAMUSHWANA: The homeland had not abolished the existence of the liberation movements but had adopted laws which were forbidding the activities of liberation movements in South Africa.

MR MEYER: Now you at some stage received information that there was a possibility of police stations being attacked by the liberation movements.  Is that correct?

MUTHEIWANA GABRIEL RAMUSHWANA: Yes we had received information from our counterparts in South Africa then that there was a possibility of attacks by the members of the military wing of either the ANC or PAC.

MR MEYER: And is it correct that on the 22nd sorry, the 26th of October 1981, at the police station in the town of Sibasa came under attack.

MUTHEIWANA GABRIEL RAMUSHWANA: Yes the police station was attacked at about 22h00 hours.  There was a massive explosion, a subsequent fire in which a large part of the police station was destroyed.

MR MEYER: Can you describe to the committee how the attack was performed?

MUTHEIWANA GABRIEL RAMUSHWANA: Mr Chair it is going to be a bit difficult for me to have a vivid recollection of what actually transpired but the report that I received then was that there were three armed men who arrived at the police station at that time, at 22h00 hours, and one pretended to have been injured or attacked by other people because he had bandages all around his head and arm, left arm, and he had an overcoat.  And then he told the policeman at the gate that he wanted to report a case and then the policeman opened the gate.
	At that time if I could just explain to the Commission the entire police force was actually warned that all members of the police force at that particular time should keep all their gates and doors of the police stations securely locked.  So at the time when this person arrived the gate was locked, and at the request of this person the policeman opened the gate and this person entered into the police station and then when he was inside the police station he told the sergeant, the charge office sergeant behind the counter, that he was assaulted by someone. Now when the sergeant wanted to obtain a statement from him he then opened his coat, unbuttoned his coat and then took out an AK47 and started shooting at the police station, at the policemen.
	Two policemen were fatally wounded there and then the gas bottles in the charge office which caught fire, and some dockets which were lying in the storeroom also caught fire and then the whole charge office was engulfed in fire.  
	One policeman who was outside was shot at by two other people who were also armed with AK47's.  And then he was also fatally wounded.  He eventually left the police force because he was medically unfit to perform his duties. Those two other policemen were burnt to ashes inside the charge office.  An RPG7 was used too, to finish up the charge office.

MR MEYER: If we can just get it clear, is it correct that two policemen died and the third one was severely injured?

MUTHEIWANA GABRIEL RAMUSHWANA: Yes.

CHAIRPERSON: And this RPG37 you referred is that some sort of rocket launcher?

MUTHEIWANA GABRIEL RAMUSHWANA: It was a rocket launcher, there was a rocket launcher there, the RPG7 rocket.

MR MEYER: What was the reaction of the then government of Venda to this attack?

MUTHEIWANA GABRIEL RAMUSHWANA: The then president, it was the late President Mpepi summoned all the senior officers and the Commissioner of Police and then told us all that we must go out and find the people who were responsible for the attack on the police station.

MR MEYER: Where you directly involved in the investigation of this case?

MUTHEIWANA GABRIEL RAMUSHWANA: Originally no, I was not in charge of the case.  There was one Captain Sifuwa, he has since died, he is the person who was charged with the investigation.  I came in at a later stage towards the end, I think it was the beginning of '82.  I only kept constant observation, constant checks, on the investigations which Captain Ramaligela then, and Captain Sifuwa were doing.

MR MEYER: As you took charge of the investigation who was the other, if I can call them team members, of the investigation team?

MUTHEIWANA GABRIEL RAMUSHWANA: Okay, we had the then Captain Ramaligela, Warrant Officer Managa.