Amnesty Hearings — Kimberley — 1997-10-30

CHAIRPERSON: I suppose we will now be proceeding to the next application which will be that of Mr Gift Sekitla Moses Mohasa.   Mr Mthembu?

MR MTHEMBU: Thank you Mr Chair, I will call the applicant to the witness stand.

MOKOTEDI MPSHE: That's bundle number 3, Chair and members.  Mr Chairman, can you just put on record that the parents to the deceased in the second incident in Kroonstad, the 1991 incident Matshusu Ntema, they are present, they have arrived, thank you.

GIFT SEKITLA MOSES MOHASA: (sworn states)

CHAIRPERSON: Full names?  Your full names?

GIFT SEKITLA MOSES MOHASA: Gift Sekitla Moses Mohasa.

CHAIRPERSON: Mr Mthembu?

MR MTHEMBU: Mr Chair, through you I'm not sure at this point whether are we starting first with the application relating to the Kroonstad incident or to the Daveyton incident.

CHAIRPERSON: As you wish.

MR MTHEMBU: May I suggest then that we start with the Kroonstad incident Mr Chair?
	Mr Mohasa, you are the applicant in this matter, is that correct?

GIFT SEKITLA MOSES MOHASA: Yes, that's correct.

MR MTHEMBU: Is it further correct that you are applying for amnesty with regard to a murder that was committed on the 11th of February 1991 in Gelukwaarts in Kroonstad and that the deceased there was ...[indistinct] Albert Ntema?

GIFT SEKITLA MOSES MOHASA: That's correct.

MR MTHEMBU: At the time of the commission of this offence, were you a member of any political organisation or party?

GIFT SEKITLA MOSES MOHASA: I was a member of the ANC Youth League.

MR MTHEMBU: For how long had you been a member of the ANC Youth League?

GIFT SEKITLA MOSES MOHASA: I started to be a member in 1990.

MR MTHEMBU: Were you an office bearer or just an ordinary member?

GIFT SEKITLA MOSES MOHASA: I was just an ordinary member.

MR MTHEMBU: Is that the only structure that you were attached or belonged to in Kroonstad at the time?

GIFT SEKITLA MOSES MOHASA: I was also a member of the self-defence unit in Kroonstad.

MR MTHEMBU: Thank you Sir.  In your own words would you explain to the Committee what happened or transpired on the 11th of February 1991 when the deceased was killed?

GIFT SEKITLA MOSES MOHASA: In February 1991, I was from a patrol and all the members of the unit were present, then we saw a Kombi, then our leader said we should go into a Kombi because the Three Million gang members have attacked.   We went there - when we arrived we spread around to observe, then we had whistles, then when we heard the sound of the whistle we should go to that point, then we found a commander facing a gang member of the Three Million - attacking him.  After we have seen that he is attacking our commander with a knife, we shot him.

MR MTHEMBU: Just before you proceed Sir, it is common cause that the deceased or that the weapons that were used to kill the deceased herein were inter alias a .38 special revolver, 7.65 weapon and a 9mm and also a knife or sharp instrument was used when he was killed.
	For the purposes of the Committee, Mr Chair, it's on page 37 of bundle number 3, line 29/30.
	Now would you tell the Committee with - amongst these weapons that I've mentioned to you, with which weapon were you personally armed?

GIFT SEKITLA MOSES MOHASA: I was having the .38 special revolver.

MR MTHEMBU: Thank you Sir, you may then proceed.

GIFT SEKITLA MOSES MOHASA: After we have see that he's attacking the commander with a knife I came on the sight then I shot twice or thrice - who could hear the sounds of the whistles again, then we spread around to look who were remaining there.  After that we went into the Kombi, then we went to our camps.

MR MTHEMBU: Just before you proceed Sir, this commander that was being attacked, do you know his name?

GIFT SEKITLA MOSES MOHASA: Yes.

MR MTHEMBU: What was his name or what is his name?

GIFT SEKITLA MOSES MOHASA: His name is Machaba Petros Thulo.

MR MTHEMBU: Furthermore, according to the record in the court accord, the deceased was attacked from three sides, from the left-hand side, the right-hand side and from the front.  Now, you say you shot him from the side, will you tell the Committee from which side - the left side, the right side or in front?

GIFT SEKITLA MOSES MOHASA: I came from the left-hand side.

MR MTHEMBU: All right, proceed Sir.

GIFT SEKITLA MOSES MOHASA: After that attack he fell on the ground, then we heard sounds of whistles, we assembled and went into our cars and went back to our camp.  I knew the deceased very well, he's a member of the Three Million gang.  I know his family, those are the people who brought me up - even now I'm still associated with them because of the situation there was nothing I could do.
	He was harassing the people and the organisation and again harassing the members of the Student's Movement and the organisation.  They were harassed by the deceased and other members of the Three Million gang and we as members of the self-defence unit, it was our responsibility to defend the community and that the organisation is protected, so that nobody would harass them.

MR MTHEMBU: According to the Judgement in your case, it would appear that you and your other comrades first assembled in ...[indistinct] where apparently this attack on the Three Million was planned.  What do you say about that?

GIFT SEKITLA MOSES MOHASA: I don't know about the plan part of it, I only know that we were patrolling on foot and then when we arrived there we found comrades waiting for a car.  And when we arrived there we just went into the car, I know nothing about the plan and the people who were responsible for the plan.

MR MTHEMBU: Would you confirm that the area called Trokbou, was a Three Million controlled area?

GIFT SEKITLA MOSES MOHASA: Yes, I believe.

MR MTHEMBU: When you say you got into the car, for what reason or purpose did you get into the car - did anyone tell you?

CHAIRPERSON: Do you mean before the stabbing or after?  Do you mean before the incident or immediately after?

MR MTHEMBU: Before the incident Mr Chair.

GIFT SEKITLA MOSES MOHASA: The reason was that the Three Million gang members are attacking Gelukwaarts.

MR MTHEMBU: Do you still recall how many times did you personally shoot the deceased?

GIFT SEKITLA MOSES MOHASA: I don't know how many times I shot him but I used ...

INTERPRETER: The interpreters could not get the last part.

MR MTHEMBU: Will you please repeat the last part Mr Mohasa?

GIFT SEKITLA MOSES MOHASA: I don't know how many gunshots went straight to him but I used four shots or four bullets.

MR MTHEMBU: Sir, tell the Committee, what political objective did you sought to achieve by committing this offence?

GIFT SEKITLA MOSES MOHASA: Our political objective which we decided to achieve was to bring peace and that peace would live peacefully and all political parties or movements would have the right to canvass and call meetings and that even students should be able to organise their meetings or do anything which they would like, like rent boycotts and that people should be able to participate in the boycotts if they have that interest or to participate in the marches or call meetings for civics.
	And because the Three Million gang was operating in those areas, those things were not possible to be done, they were stabbing people.  When people started to assemble, they were to go there and assault and harass people - that is why there was nothing we could do other than defend the community.

MR MTHEMBU: What is the justification for regarding your act to an act committed with a political objective?

GIFT SEKITLA MOSES MOHASA: Those people were against the political activities of other organisations, people who were involved in politics.  Members of various organisations, they were targeted by members of the Three Million gang.  By so doing, even our organisation was at risk because our members were targeted by these people and then even the whole community was targeted by the Three Million gang.