Amnesty Hearings — Potchefstroom — UNKNOWN

MR LEKITLANA: When we were on our way to the police station I've never even had an idea of getting petrol anywhere.

CHAIRPERSON: So when was it when you tried to go and get petrol, at what stage was that?

MR LEKITLANA: I went to look for petrol when I realised that he was already dead.

MR: Mr Lekitlana, killings, robbings and raping is not and was never the policy of the ANC, including that of ANC in Kanana where you belonged that time, isn't it so?

MR LEKITLANA: That's correct.

<UNKNOWN>: Evidence was led by the co-applicant here that Zenzile was originally known as a member of the ANC.  Can you confirm that?

MR LEKITLANA: I confirm that.

<UNKNOWN>: We heard then that it came about to be known what Zenzile was doing, committing the atrocities that you mentioned before this Committee and we assume from that that he lost the membership of the ANC, isn't that so?

MR LEKITLANA: That's so.

CHAIRPERSON: Did the ANC take a decision depriving him of his membership?

MR LEKITLANA: No, they didn't.
NO FURTHER QUESTIONS BY MR

CHAIRPERSON: Thank you very much.

MR: Chairperson, I am calling the other witness and the next is Busakwe Ndoyisele Elias.  He
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131	MR BUSAKWE
will giving evidence in Sosotho and Setswana.

NDOYISELE ELIAS BUSAKWE: s s

MR: Mr Chairperson, it be recorded that in this case as well the statement is similar.

<UNKNOWN>: Mr Busakwe, we know from the application that  you were a member of the ANC and an additional member of the branch Executive Committee and a Chief Marshall of the ANC.  The issue is the murder that was committed on 21st July 1991.  Can you tell us or this Committee what your actual role was, what did you personally do to the body of the deceased on that day?

NDOYISELE ELIAS BUSAKWE: I did nothing to the body.  I did nothing to his body.

<UNKNOWN>: Where were you when the deceased was killed?

NDOYISELE ELIAS BUSAKWE: I was at the mass meeting.

<UNKNOWN>: Can you explain the circumstances from the mass meeting level up to the death of the deceased, where were you, the role you played in all the circumstances?

NDOYISELE ELIAS BUSAKWE: We were in a mass meeting on the 21st July 1991.  The mass meeting was jointly organised by the ANC and the Civic Association.  The main points that were to be discussed in the mass meeting was the crime that was taking high stands in the township.  I was one of the key speakers of the day.  During the proceeding of the meeting a report came in, that is the report as to what the deceased did to another woman who was a member of the ANC Women's League.  As a Chief Marshall I took out an order to the marshalls that were present at the mass meeting that they should rush to the place of the scene.  It is true they left and when they came back they came back with the deceased and they said he was the perpetrator.  Because we knew him as the
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132	MR BUSAKWE
leader of the gangsters called Kofifi.  They brought him back.  When he arrived at the mass meeting we wanted to know from the comrades who brought him back as to what happened actually and they requested the deceased to tell the story himself and he explained what happened on that day with that woman.  After his explanation, because I was in the leadership, we took a decision that the deceased should be taken to the police station.  Many people in the mass meeting, after listening to his story, there was now a division among the people present at the meeting, especially the women.   That is where we saw angry women, demanding that he should be killed.  We pleaded as the leadership that the police should be given the last chance with regard to this deceased.  It was a continuous strike and the position was that he should be taken direct to the police station.
There were marshalls elected to escort the deceased to the police station.  About five minutes after they have left we heard a gunshot and when we heard this gunshot people dispersed and many of them ran towards the direction of the gunshot.  We ran towards that direction also and when we arrived we found the deceased lying on the ground.  He was being stoned, he was being stabbed with knives and when I arrived, together with Comrade Buda Diamond, we appealed to the people who were killing and assaulting this person.  We said, stop it, but unfortunately when we arrived he was already dead.  Because I, together with comrade, picked him up from the ground and when we tried to pick him up that is when  Richard Faunda arrived and he had an iron bar in his hand and he hit him on the head and that was the end of the deceased.  We put him on the floor and another woman came with a rag and a blanket and we put it over to the deceased.
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132	MR BUSAKWE
After doing that, one of the accused, Mr Solomon Lekitlana, came with petrol and he poured the deceased with petrol and I rushed to him and I stopped him not to carry on with that action because the person was already dead.    (NOISE)

MR: Chairperson, I leave it to the Committee.

MOKOTEDI MPSHE: Mr Busakwe, is it correct that the deceased was killed because of what he had done with the woman?

NDOYISELE ELIAS BUSAKWE: According to my speculation and their knowledge, it wasn't the only reason for him to be killed.

MOKOTEDI MPSHE: What is the other reason or reasons was he killed for?

NDOYISELE ELIAS BUSAKWE: Since 1990 we had problems in Kanana.  People were collecting money using the organisation's name.

CHAIRPERSON: When you say "people were collecting money", I want you to be more specific.  We are talking about the deceased.  Why was the deceased killed?  Now you must tell us why.  What were the things that the deceased did?

NDOYISELE ELIAS BUSAKWE: The other thing that I know that was committed by the deceased, three women were raped and a report was brought to the comrades the next day and I was present when the report came in.  The three women were told to go and report the matter to the police station as it was a criminal case.

MOKOTEDI MPSHE: How many women were there, these women who reported?

NDOYISELE ELIAS BUSAKWE: Three of them.

MOKOTEDI MPSHE: Were they members of any political organisation?

NDOYISELE ELIAS BUSAKWE: According to my knowledge they were new in Kanana.  They were still looking for a place to stay.

MOKOTEDI MPSHE: What other reason do you know about the deceased then?
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NDOYISELE ELIAS BUSAKWE: /...
133	MR BUSAKWE

NDOYISELE ELIAS BUSAKWE: One other thing that I know, there was a comrade who was working in Vaalridge(?), Comrade Madewu.  He was attacked by the gangster and they demanded money.  They said the organisation wanted money.  According to the knowledge that Comrade Madewu was member of the leadership in Kanana ... he didn't give them money and they poured paraffin and they set him alight.

MOKOTEDI MPSHE: .... you will agree that the deceased was killed because of his criminal activities, is that correct?

NDOYISELE ELIAS BUSAKWE: I agree.

MOKOTEDI MPSHE: You further agree with me that the deceased's activities, together with his gangsters Kofifi, had absolutely nothing to do with politics?

NDOYISELE ELIAS BUSAKWE: I would not agree, because of the attacks from their side were directed to the members of the organisation.  Every time when we had mass meetings or rallies in the Kanana Township there would be threats from this gangsters that belonged to the deceased.  At times they would come and disrupt our meetings.

CHAIRPERSON: Did you give evidence in your trial?

NDOYISELE ELIAS BUSAKWE: Not.

CHAIRPERSON: Was there evidence in your trial about your participation in the killing of the deceased?

NDOYISELE ELIAS BUSAKWE: I was accused for murder.

CHAIRPERSON: I am not asking you what you were accused of, I am asking was there evidence about what you were supposed to have done?

NDOYISELE ELIAS BUSAKWE: The evidence that was brought forward was that I lifted the deceased as he was being assaulted.