Amnesty Hearings — Tzaneen — 1999-06-30

CHAIRPERSON: Mr Mbandazayo?

MR MBANDAZAYO: Chairperson, the next applicantis Donald Serani Mukhawana.

SISI KHAMPEPE: Mr Mbandazayo, in view ofthe fact that we really have their affidavit which you can, which has been deposedto by Mr Mukhawana, do you think there is any reason for you to lead evidence,in view of the fact that there is evidence before us?

MR MBANDAZAYO: None Chairperson, what I wasgoing to do was just for him to confirm the affidavit, that is all.

SISI KHAMPEPE: Yes.

MR MBANDAZAYO: Thank you Chairperson.

CHAIRPERSON: Mr Van Rensberg, Ms Mtanga, doyou have copies of the affidavit?

MS MTANGA: Yes, we both do Chairperson.

MR VAN RENSBERG: Yes, I confirm, we are in
possession of copies.

DONALD SERANI MUKHAWANA: (sworn states)

CHAIRPERSON: Mr Mbandazayo?

MR MBANDAZAYO: Thank you MrChairperson and Honourable members of the Committee.  Mr Mukhawana, the affidavitwhich is in front of you, is also before the Honourable members of the Committee,do you confirm that this affidavit was made by yourself and you abide by itscontents?

DONALD SERANI MUKHAWANA: Yes.

MR MBANDAZAYO: Chairperson, as I have indicated,I am not intending to lead any evidence, that is the evidence of the applicant,thank you.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: This affidavit will be handedin as Exhibit B.

MR MBANDAZAYO: Thank you Mr Chairperson.

CHAIRPERSON: Mr Van Rensberg?

MR VAN RENSBERG: Thankyou Mr Chairperson, let me just find my way.   Mr Mukhawana, on the day of theattack on the farm, can you just tell us, did you enter the house?

DONALD SERANI MUKHAWANA: On the day of the attack, MrSwanepoel's farm, I never entered the house, I was standing on the door whenthe late ordered that we should withdraw because the dogs were barking.  I neverentered the house.

MR VAN RENSBERG: Did you see the deceased,Mr Modau firing shots into the house from outside?

DONALD SERANI MUKHAWANA: Where I was standing, I wasable to see the late because it was a passage from the house.

MR VAN RENSBERG: Could you actually see downthat passage?

DONALD SERANI MUKHAWANA: Yes, I could see from outside.

MR VAN RENSBERG: Did you see Mr Swanepoeljumping into the room, away from the previous applicant which had the AK47,could you see that?

DONALD SERANI MUKHAWANA: I only saw Mr Swanepoel whenhe ran to the right hand side, in the room at the right hand side, I don't knowwhat happened in the house after that.

MR VAN RENSBERG: The room that he ran into,can you confirm that that was the same room in which Mrs Swanepoel was shot?

DONALD SERANI MUKHAWANA: Yes.

MR VAN RENSBERG: I have no further questions,thank you Mr Chairperson.
NO FURTHER QUESTIONS BY MR VAN RENSBERG

CHAIRPERSON: Thank you Mr Van Rensberg.  MsMtanga?

MS MTANGA: No questions, Chairperson.
NO CROSS-EXAMINATION BY MS MTANGA

CHAIRPERSON: Judge Khampepe, do you have anyquestions?

SISI KHAMPEPE: No questions, thank you.

CHAIRPERSON: Adv Bosman?

ADV BOSMAN: No questions, thank you Chairperson.

CHAIRPERSON: Thank you Mr Mukhawana, thatconcludes your testimony, you may stand down.

DONALD SERANI MUKHAWANA: Thank you very much, Mr Chairperson.
WITNESS EXCUSED