Amnesty Hearings — Umtata — 2000-01-31

CHAIRPERSON: Mr Nombanga, just indicate to us if you hear the interpretation over your headset.

FUNDIKILE BLACKIE NOMBANGA: Yes.

CHAIRPERSON: Then I want you to stand to take the oath please.  Are your full names Fundikile Blackie Nombanga?

FUNDIKILE BLACKIE NOMBANGA: (sworn states)

CHAIRPERSON: Thank you, please be seated.  Yes, Mr Malan.

MR MALAN: Thank you, Mr Chairman.
	Mr Nombanga, due to practical problems we were not in a position to furnish this Committee with a written affidavit, would you please in your own words inform the Committee of your involvement with the abortive Craig Duli coup and beginning with the background where you enlisted with the police and so forth.
MR NOMBANGA
"Yes, I can explain that my role in this mission started in 1989 when I was serving under the Security Police, with Col Booi in charge, at the head office.  We were mandated to investigate about the attempts that were taken by some people whose intentions were to overthrow the government.
	A certain team was elected from the Security Police and some members from other units, compiling the team who was going to be in charge of this, look for the people who were planning to overthrow the government.  I was one of the members of the team.
	When it was discovered that the people who were holding meetings across the Transkeian borders, people had to go to those places were the rumours came from that people were holding meetings.  One of those places was Queenstown.
	Investigations took place till some people were caught or arrested.  I was one of the people who were arresting those people and I remember Craig Duli, Xholisi Mtjali, Mazizi Ntisane, Mxeshe, Vuyisa Mxeshe, Ben Mooi, Mr Malotane. Those were the people that I can still remember very well when they were arrested, but there were others but I cannot remember their names.
	When they were arrested we would investigate their movements and they would give details and those details would be handed over to the government and the Attorney-General, Mr Christo Nel.  Another person who was arrested was Mr Vanda, a person would take the statements and hand them over to the Attorney-General and from there the copies would go the military council.  Col Booi the one that I was serving under, would go and hand over those statements.
	I would get information from Col Booi, updating me as to what was happening about those people because all those people were later arrested in the prisons here in the Transkei.  We were moving around trying to investigate and get the details.
	In about September 1989 - I beg your pardon, in August 1989, some young boys were arrested who were coming from Gauteng, five of them.  It was said that those young boys were sent by Mr Vulindela Mbotoli, who was one of the people who were also implicated in this attempted overthrowing of the government."

CHAIRPERSON: Just a minute.  Where is the technician? Why are we having this disturbance on the headset, it's very disturbing, please.

INTERPRETER: It's not in the booth.

CHAIRPERSON: Well let's try again we'll see.  Alright sorry, carry on.
MR NOMBANGA
"When those young boys were arrested they were arrested by the army unit and the police unit, Security Police, and that was a joint operation and we did it here into Botasxau.  It was late in the evening.  That is when they were arrested and they told us about their intentions.  They were going to meet Mr Xholisi Mtjali, Wana Sabelo.  We went there to arrest them on that particular night.
	After those people's details were taken they were sent to the Attorney-General, Mr Nel.  I got a report from Col Booi that Mr Nel was saying that there was not enough evidence to prosecute, therefore those people had to be released because there was not enough evidence to take them to court.  But when he discussed this matter with the military council, it was decided that they should remain in prison up until such time that Mr Vulindela Mbotoli is arrested.  Mr Mbotoli, it was very difficult to get hold of him, no-one knew his whereabouts.
	They remained in prison, no-one asked them anything.  They were not taken to court they were just in there.  We had to devise some means to try and get hold of Mr Mbotoli in order to solve this problem because it looked like everything depended on his arrest.  That is when he gave me a mandate to go and try and work with Mtjali who would be able to contact Mr Mbotoli, because we had to get Mr Mbotoli to arrest him to come and answer to the allegations so that other people can be released or be taken to court.
	That is when we left with Mr Mtjali and he made arrangements for us to meet with Mr Mbotoli in our very first meeting where I was going to hear more about this matter and their plans.  I had to go there and work under the police guard.  We had to lure to come to Transkei, so that he could be arrested.
	The meeting that took place was held at Port Shepstone, that is where I managed to see Mr Mbotoli.  We were there with the members of the National Transkei Intelligence Service.  
	We took all those details, everything that was discussed there I reported to Col Booi and I told him that I met with Mr Mbotoli and I told him everything that happened there.  And even the members of the Transkei Intelligence Service explained in their offices."

MR MALAN: Did you act in a similar way as the previous witness, Mr Gumengu?  Were you in other words planted to monitor the proceedings?

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

MR MALAN: Who gave you the direct instructions?

FUNDIKILE BLACKIE NOMBANGA: It was Col Booi.

MR MALAN: Were you at that stage aware of Mr Gumengu's presence and the capacity in his presence with the Duli people?

FUNDIKILE BLACKIE NOMBANGA: I was not aware of the fact that Mr Gumengu was there because I had my own land that I was using.

MR MALAN: Do you know of any other persons who were in a similar position as yourself and Mr Gumengu?

FUNDIKILE BLACKIE NOMBANGA: There were members of the Transkei Intelligence Service that I was working with.  Those are the people that I knew in my line.

MR MALAN: You were arrested for this coup attempt on the 26th of January 1990, is that correct?

FUNDIKILE BLACKIE NOMBANGA: I was arrested because of the allegations, allegations of being involved in this coup.  Though this coup took place while I was already 10 months in jail.

MR MALAN: And yet you were convicted and sentenced to seven years imprisonment, is that correct?

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

MR MALAN: Did you raise any defence at your trial?

FUNDIKILE BLACKIE NOMBANGA: I tried but I was never successful.

MR MALAN: What was your defence?

FUNDIKILE BLACKIE NOMBANGA: I was saying that I was there because I was working and Col Booi was the one who gave the instructions.

MR MALAN: So you revealed the true purpose of your involvement, is that correct?

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

MR MALAN: Was it backed up by Col Booi or any other official that could vouch for your version of the story?

FUNDIKILE BLACKIE NOMBANGA: Yes, Col Booi was a witness and Gen Chelela who was also in the Security Branch at the time also went there to give evidence.

MR MALAN: Why were you yet in spite of the evidence then convicted of this coup attempt?

FUNDIKILE BLACKIE NOMBANGA: Truly speaking even today that is still a problem to me, I still have questions that I cannot answer because of the evidence that was given by the government people there.  That evidence was a bit twisted.
	And to the people who are listening, that the court though it was like that, the Court found me guilty.  For example one of the witnesses, Capt Nyani after this coup in 1990, 22nd, he said I went on holding meetings with Mr Mbotoli, that is one of the signs that he was not telling the truth, but the Court found me guilty on top of that.