Amnesty Hearings — Johannesburg — 1998-10-05

MR MBANDAZAYO: Thank you Mr Chairperson.
"We were a unit of five operatives for this operation.  It was myself armed with 9 mm, Monde .375, the commander, Kopane .38, Mike armed with shotgun and Thabang Tjitja not armed.  Only the commander who knew the target.  It was on the 18th January 1994 in the evening and we took a taxi to Parkview.  Whilst we were moving around Parkview the commander pointed the target.  We jumped over the wall fence.  The commander went to peep at the windows and come back and reported that there's nobody.  We heard a garage door being opened and a domestic worker, male one, entered and I pointed a gun at him.  Monde questioned the worker about the whereabouts of the owner and he told us where they sleep.  We tied the worker in his room and left him there.  We then proceeded to the bedroom of the owner.  We heard a car coming and we went out and the car parked in the garage and the owner went to the house.  We saw a domestic worker, female, coming out of the house and we went to her room and we followed her and Kopane tied her.  We then went to the house.  There were four people in the house.  We pointed them with firearms and the other woman was on the phone and we told her to tell the person she was talking to, to come to the house.  We tied all of them and thereafter searched the house.  While searching the house we found a young boy sleeping and we also tied him with the others.  The bell rung on the door.  Myself and Monde went to open and a white person entered and we pointed him with the gun and we also tied him with others.  The commander instructed us to take everything that is valuable and we loaded them in the Mercedes Benz and Toyota Conquest.  We also took bank cards and wrote down pin numbers of these cards.  This was done by the commander.  We drove out of Parkview to Naledi where we offloaded the goods and surrendered everything to the commander.  The commander loaded the goods to the Mercedes Benz and he left.  He came back and told us that these cars have to be taken to APLA in Transkei.  Myself and Monde drove in the Mercedes Benz, Kopane, Mofokeng and Thabang in the Conquest.  I slept on the way to Transkei but I woke up in Bloemfontein and discovered that Kopane, Thabang and Mofokeng were in our car.  We left after filling the car at Bloemfontein.  When we were on our way to Smith Street we heard a tyre  burst and I broke my leg in the accident and Kopane died we were arrested and Monde died in the police station.  Mike Mofokeng and Thabang Tjitja are in prison.  I carried out my instruction and I did not question them.  I however believed in the armed struggle being waged by APLA and that is why I joined APLA to become a soldier.  As an African I was oppressed by settler minority regime who had taken our land, our dignity and our pride.  As far as I'm concerned, the only way to get our land back, Mr Chairperson, the only way to get our land back was through the armed struggle.  I did not act for personal gain nor out of personal malice, ill will or spite against the victims, I bona fide believed that I was acting in the interests of the organisation.  I respectfully submit that my application complies with the requirements of the Act and that I've made full and proper disclosure of my involvement in the above mentioned operation.  Signed by the applicant."
	 Mr Chairperson, there is nothing I'm going to add, that's the evidence of the applicant.  Thank you.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: Thank you Mr Mbandazayo.  Mr van den Berg, do you have any questions to ask the witness?

MR VAN DEN BERG: Thank you Mr Chairperson.
	Mr Nkabinde, you state that all five people involved in what you call operations, you refer to them as operatives, is that correct?

NKOSINATHI NKABINDE: That is correct.

MR VAN DEN BERG: Do I understand by that, that all five people were members of APLA?

NKOSINATHI NKABINDE: I knew my commander, I did not know the other members but they were known to the commander.

MR VAN DEN BERG: So what you say to me is that your commander was a member of APLA and you were a member of APLA but the other three you do not know?

NKOSINATHI NKABINDE: They were members that were involved in the operation that we undertook.  I was a member of APLA.

MR VAN DEN BERG: But from your personal knowledge only you and Monde were members of APLA?

NKOSINATHI NKABINDE: That is correct.

MR VAN DEN BERG: When were you released from prison in 1993?

NKOSINATHI NKABINDE: I think it was in March during the year 1993.

MR VAN DEN BERG: And when did you come into contact with Monde Gadebe?

NKOSINATHI NKABINDE: During 1983 but I don't remember the month quite well.  It could have been November/December, somewhere thereabout.

MR VAN DEN BERG: Perhaps Mr Nkabinde, I formulated my question poorly.  Once you were released from prison, you say you think it was in March 1993.  When thereafter did you first make contact with Monde Gadebe?

NKOSINATHI NKABINDE: I met Monde Gadebe during 1993, it could have been November/December.

MR VAN DEN BERG: And is it correct that you were in constant contact with him from then on, from November/December 1993?

NKOSINATHI NKABINDE: Yes that is correct.

MR VAN DEN BERG: And is it correct that you saw him on a daily basis from about November/December 1993?

NKOSINATHI NKABINDE: Yes I would see him sometimes but I wouldn't say on a daily basis.

MR VAN DEN BERG: Do you know a Captain Hoed?

CHAIRPERSON: Could you please spell that name Mr van den Berg?

MR VAN DEN BERG: It's the Afrikaans equivalent of hat.

NKOSINATHI NKABINDE: No, I do not know him.

MR VAN DEN BERG: After your arrest for the murder of Mr Jacobs were you ever taken to Delareyville or to Lichtenburg?

NKOSINATHI NKABINDE: Yes I was taken to Lichtenburg together with the Brixton police.  I think it was Phillip Stiet or Stiete.  We were from Brixton to Lichtenburg.

MR VAN DEN BERG: Do I understand your amnesty application correctly that you seek amnesty just for the murder and the armed robbery at the Jacobs' home and for the armed robbery at the Stanton home?  There are no other incidents for which you seek amnesty?

NKOSINATHI NKABINDE: Yes these are the operations that I've asked or applied for amnesty, the ones that you've just referred to.

MR VAN DEN BERG: Mr Chairperson, I have a bundle of documents, mostly press clippings which I would like to hand up to the Committee and to use for purposes of cross-examination.

CHAIRPERSON: Have you got copies, Mr van den Berg?

MR VAN DEN BERG: I do indeed, Mr Chairperson.

CHAIRPERSON: Just on that one point while you're handing them out.  Mr Nkabinde, you say you've got no other applications other than this one that we are hearing today, applications for amnesty?

NKOSINATHI NKABINDE: No, there is no other application.

CHAIRPERSON: Thank you.  I think Mr van den Berg, we'll receive this bundle of news clippings as Exhibit B and when you refer to them it will be B1 as you've numbered them through to B16.

MR VAN DEN BERG: Thank you Mr Chairperson.
	Mr Nkabinde, on page 2 of the bundle B, B2, is a press clipping from the Sunday Times of the 23rd January 1994.  It lists a series of incidents.  Do you have it in front of you?  There's also a picture, a graphic, a map with a series of numbers on it.  Do you see that?

NKOSINATHI NKABINDE: Yes I do.

MR VAN DEN BERG: I have consulted telephonically with a former Warrant Officer Tiedt, that's T-i-e-d-t, Mr Chairperson, who was with the Brixton Murder and Robbery Unit and with Captain Hoed.  Other than items 1 and 2 on the narrative, that's the armed robbery of Brett Hilton Barber and the death of John Dodds, these two gentlemen have personal knowledge of each of the crimes enumerated there.  I put it to you that each and every one of those crimes involved Monde Gadebe.  Can you comment on that?

CHAIRPERSON: That's from number 3 through to 12?