Amnesty Hearings — Cape Town — 1998-09-07

CHAIRPERSON: The Amnesty Committee constituted with myself as Chairman, Dr Tsotsi on my right and Adv Ntsiki Sandi on my left.  We are going to consider an application this morning by Mr Mandla Maduna.  Are counsel ready to proceed?

MS GOSO: Yes, we are Mr Chairman.

CHAIRPERSON: Will you please place yourself on record?

MR MAPOMA: Mr Chairman, for the record, I am Zuko Mapoma, the Evidence Leader.

MR FORTUIN: I am Louis Fortuin, acting for the victims.

MS GOSO: Mr Chairman, my name is Nona Goso.  I am representing the applicant at this application.

CHAIRPERSON: Please proceed.  Bring the applicant.

MS GOSO: I am calling the applicant Mr Chairman, he is ready to be sworn in.

MANDLA MADUNA: (sworn states)

MS GOSO: Mr Chairman, I have prepared an affidavit on behalf of the applicant.  My understanding is that copies of the affidavit have been distributed to the members of the Committee and I now proceed to read it into the record.

CHAIRPERSON: We have received it, thank you.
MS GOSO
"I, the undersigned, Mandla Maduna do hereby make oath and say that I am 32 years old and currently serving a sentence of 35 years"
Can you please excuse me Mr Chairman, may I assist the applicant for him to put on his interpretation aid?

CHAIRPERSON: Yes.

ADV SANDI: I think that will be channel 3 for Xhosa.

MS GOSO: May I proceed Mr Chairman?
"I am 32 years old and currently serving a sentence of 35 years at the Victor Verster prison in Paarl for three counts of murder, two counts of attempted murder and unlawful possession of arms and ammunition, arising out of an incident that took place at house 2210, Old Crossroads, Nyanga in the Cape on Friday, 19th of March 1993.
		The facts to which I depose, are true and correct and within my personal knowledge, unless the context indicates otherwise.  I have made an application for amnesty in terms of Section 18 of the Promotion of National Unity and Reconciliation Act, Act 34 of 1995, hereinafter referred to as the Act, in respect of the charges of which I was found guilty.
		At the time of the incident, I was 27 years old.  I was a member of the Pan African Congress.  I joined the PAC in 1991 at the Nyanga branch and I became a member of the PAC Task Force in 1992.
		I was recruited to the Task Force by Shaun Bako.  All the political structures of the PAC were concerned that members of the organisation were being attacked by gangsters.  Members of the Task Force were told that it was their duty to defend members of the organisation.
		On 19 March 1993, Shaun instructed me to meet with other members of the Task Force at Table Top, a firm near Crossroads.
		At Table Top I found Shaun, Wella, Sipiwe Mqweso, the Regional Commander, Kamagen and Tinage.  The Regional Commander instructed Kamagen, Tinage and myself to go and attack a certain house.  He informed us that Tinage was going to lead us to the house and when we get there, he would give us instructions on how to carry out the operation.
		Later in the evening, at approximately 19H00 a man known to me as Victor Sam, arrived at Table Top, carrying a brown bag.  He gave this bag to the Regional Commander.  The Regional Commander opened it, and took out two Uzi sub-machine guns and one pistol.  He gave one sub-machine gun to me, the other to Kamagen and he gave the pistol to Tinage and he instructed us to go.
		We followed Tinage.  Tinage led us past the squatter camp area, situated in Section 4, Crossroads.  We entered the area of the Unathi houses and went into a particular house, the address is unknown to me.
		When we got to the house, Tinage instructed me to follow him into the house and once inside the house, to shoot at the people in the lounge without going into the rooms.  He instructed Kamagen to remain outside as a guard.  I followed Tinage around the house, into the front door.  He opened the door and entered, I followed.
		He started shooting on the right hand side and I followed shooting on the left hand side.  I saw three people on the left hand side as I was shooting.  When Tinage gave a withdrawal instruction, we left the premises.  We had crossed four streets after leaving the house, when a light blue kombi appeared.
		It stopped not far from me.  Police inside the kombi asked me to stop.  They were pointing firearms at me.  I threw the machine gun into a hedge.  They rushed out of the vehicle and came to arrest me.  Tinage and Kamagen managed to run away.  	I admit that I was not truthful when I gave evidence during my trial.  I had no idea who was to be the target and which house was targeted.  It is however obvious that the Regional Commander and Tinage, knew about the operation and about these details.
		As a member of the Task Force, I regarded it as my duty to defend members of the organisation against attacks.  I was informed that these attacks were by members of a gang who were unknown to me.  I now deeply regret the loss of life and injury caused by me on 19 March 1993.
		All I can ask for is that the family, relatives and friends of the deceased and other victims forgive me.  I respectfully submit that my application complies with the requirements of the Act, that the offences which I committed were associated with a political objective as contemplated by the Act, and that I have made full disclosure of all the facts relevant to the incident and to this application.
		I accordingly, respectfully request that I be granted amnesty in respect of the offences which I have committed and for which I have been found guilty, and I am currently serving a sentence.  Mandla Maduna".
	That is now the end of the affidavit, and the applicant is ready to confirm it.

CHAIRPERSON: Mr Maduna, you have heard your counsel read onto the record your affidavit.  Do you confirm that your affidavit contains what has been read out and do you confirm that as being the truth?

MANDLA MADUNA: Yes, that is correct.

CHAIRPERSON: Yes, is there anything you wish to add to this by eliciting evidence?

MS GOSO: Yes, Mr Chairman, may I proceed?  Mr Maduna, can you please in your own words inform the members of the Amnesty Committee ...[intervention]

MANDLA MADUNA: Please repeat.

MS GOSO: I will start again.  Mr Maduna, can you please inform the members of the Amnesty Committee what your order was on that day?

MANDLA MADUNA: The Regional Commander gave us an order to go and attack the gangsters at a certain house.  It was myself, Tinage and Kamagen.  Tinage knew the place and he was the one who was going to lead us in our operation, throughout the operation.  That was the order.

MS GOSO: Who gave this order?

MANDLA MADUNA: It was Sipiwe Mqweso.

MS GOSO: And who was Sipiwe Mqweso?

MANDLA MADUNA: He was the Regional Commander of the Task Force.

MS GOSO: Why would, can you please explain to the members of the Amnesty Committee, why you would take an order from Sipiwe Mqweso?

MANDLA MADUNA: I have a problem with my headphone.

MS GOSO: If you can please bear with us Mr Chairman, and members of the Committee.

CHAIRPERSON: Yes.

MS GOSO: Mr Maduna, can you hear well now?

MANDLA MADUNA: Yes.

MS GOSO: I would like you to explain to the members of the Amnesty Committee, why it is that you would accept an order from Mr Mqweso?

MANDLA MADUNA: As a member of the Task Force, if the order has been issued to do whatever, I am obliged to do that, because it is my duty to obey orders to defend the members of the PAC.

MS GOSO: Now, what was - in your understanding, what was sought to be achieved by obeying this order?

MANDLA MADUNA: Please repeat the question.  Please repeat the question.

MS GOSO: In your understanding, what was sought to be achieved through this order?

ADV SANDI: Ms Goso, you may have to ...[indistinct] your question a bit, because I think it is not clear as to whose purpose you are talking about.  Are you talking about the purpose of the person giving the order, or him carrying out the order, being given?