Amnesty Hearings — Umtata — 2000-01-31

FUNDIKILE BLACKIE NOMBANGA: We were arrested in January and they were not present.  We remained in prison for 18 months in solitary confinement and we challenged through the interdict.  While we forwarded the interdict they were already arrested in 1991 and they appeared in court, but we were still under detention without appearing to the court.  After the interdict we only appeared on the 30th of September 1991.  Just the preliminary appearance at court.  ...(no English interpretation)
	We got arrested in 1990, January.  The people who tried to overthrow the government in that year had disappeared, we didn't know where they were and the coup took place again in November 1990.  We were 10 months in prison.  They appeared in June after they were arrested.  They appeared in the Supreme Court.  We were still in detention at the time.
	The interdict was issued through which the government was challenged because of our detention.  It was said that we should be released.  That was the judgment of the interdict.  They say either we are taken to court not later than the 30th of September or we would be released.  That's what actually happened, is that we were taken to court on the 30th of September 1991.
	And the people who had overthrown the government on the 22nd, they had appeared in court so many times.  We were taken to the Regional Court, not the Supreme Court.

CHAIRPERSON: Yes, and you were tried separately from those people.

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

CHAIRPERSON: Yes, thank you.

MR NODADA: So when you were actually sentenced on the 22nd of June 1992, to undergo seven years imprisonment, was the case against the 18 persons who were involved in the attempt on the 22nd of November 1990, still pending?

FUNDIKILE BLACKIE NOMBANGA: It was still pending.

MR NODADA: Was it alleged that you had by your actions or omission, also partaken in the coup that took place on the 22nd of November 1990?

FUNDIKILE BLACKIE NOMBANGA: Yes, we were associated with those acts.  They decided to charge us the same way, but they were taken to the Supreme Court and we were taken to the Regional Court.

MR NODADA: I see.  You are appearing here today in an application for amnesty, are you basing this application on the conviction by the Magistrate or on your personal convictions about an offence that you personally committed?

FUNDIKILE BLACKIE NOMBANGA: I forwarded this application because I would request that my criminal record be erased because of the allegations and the Magistrate found me guilty.  What I'm asking this Commission to do is to remove the criminal record because it is a hiccup for me in my job or my business.

MR NODADA: Is that all?  Is that the only reason that you are applying for amnesty, you want your name to be cleared in the criminal bureau?

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

MR NODADA: And otherwise you do not claim to have been motivated by any political conviction on your part?

FUNDIKILE BLACKIE NOMBANGA: As a person who was working under politics, certain politics in Transkei I can say this was politically motivated because politics was the military council and all these attempted coups.  That was all politically motivated.

MR NODADA: I'll go back again to paragraph 9 of your application form, sub-subparagraph ...(intervention)

MR SIBANYONI: Maybe before that - but you never attempted any coup yourself, is that so?

FUNDIKILE BLACKIE NOMBANGA: I never attempted any coup, that is correct.

JUDGE MILLER: Or conspired.  Did you plan any coup?

FUNDIKILE BLACKIE NOMBANGA: Yes, I was once in a meeting where that was discussed, but I was not there to serve their interest, I was there because I was working.

MR NODADA: Alright.  I was referring you to paragraph 9 sub-subparagraph (iv) where you were required to actually state the nature and particulars of the offence that you committed and I see that you have drawn a line across that paragraph, you actually wrote T.B.C., what does that mean?

JUDGE MILLER: Perhaps if you can take a look at page 82 of the documents.  What Mr Nodada is referring to is paragraph 9(iv), the bottom one where there is a line and T.B.C. written there and he's asking you what does this T.B.C. mean.

FUNDIKILE BLACKIE NOMBANGA: I do not know this.  I am not sure about this T.B.C.

MR NODADA: Did you personally complete this form yourself?

FUNDIKILE BLACKIE NOMBANGA: Yes, some parts of the form I've completed and signed.

MR NODADA: Now let's go further to page 3 and page 4, you've got the same thing ...(intervention)

MR SIBANYONI: Sorry, before you move from that - did you also write this abbreviation, T.B.C.?  Is this your handwriting?

FUNDIKILE BLACKIE NOMBANGA: I don't think so.  I don't think this is my handwriting.

MR SIBANYONI: You know your handwriting, is this your handwriting or not?

MR MALAN: Sorry to make any interruptions, I might just assist the Committee here with what happened here or transpired.

CHAIRPERSON: Yes, please.

MR MALAN: As I can recollect it was on the 9th of May, a day before the cut-off date for the applications, we were with several other people in the Holiday Inn at East London and Mr Chris McAdam said that we must fill in the forms and leave the details out, the TRC will at some stage request further particulars.  And in filling the forms there were some of the TRC people assisting the applicants and we rushed this off to Cape Town the following day and beat the cut-off date by I think six hours.  I think that's where this muddle-up might have originated.

JUDGE MILLER: And no-one knows what T.B.C. means?

MR MALAN: Unfortunately.  I've tried to ascertain and it's not my handwriting, it might be one of the other people, I have not the foggiest idea.  But it should be something in ...(intervention)

JUDGE MILLER: To be - something.

MR SIBANYONI: To be completed.

MR MALAN: To be completed - ja, I think to be completed is the correct thing - at a later stage.

CHAIRPERSON: Yes.  Mr Nodada.

MR NODADA: Alright, I will proceed further.
	In short, is my understanding correct that you are not in a position to make a full disclosure of the events of the 22nd of November 1990, when the coup actually took place and people were killed and property damaged, because you were not involved and you know nothing about it?  Is that your position?

FUNDIKILE BLACKIE NOMBANGA: I can say I know nothing about the coup that took place on the 22nd of November, I heard that over the radio.

MR NODADA: Thank you Mr Chairman, I have no further questions.
NO FURTHER QUESTIONS BY MR NODADA

CHAIRPERSON: Thank you, Mr Nodada.  Ms Dambuza, any questions?

MS DAMBUZA: No questions, Mr Chairman.
NO QUESTIONS BY MS DAMBUZA

CHAIRPERSON: Thank you.  Mr Mapoma, any questions?

MR MAPOMA: Thank you, Sir.
	When did you join the Transkei Police Force?

FUNDIKILE BLACKIE NOMBANGA: I joined on the 6th of January 1982.

MR MAPOMA: And the Security Branch, when did you join it?

FUNDIKILE BLACKIE NOMBANGA: 1985, March 1985.

MR MAPOMA: And since 1985 onwards, your main concentration in your duty was to combat the acts of the people you referred to as the terrorists, is that correct?

FUNDIKILE BLACKIE NOMBANGA: That is correct.

MR MAPOMA: And those were the members mainly of the ANC and the PAC, is that correct?

FUNDIKILE BLACKIE NOMBANGA: Yes, that is correct.

MR MAPOMA: And you were protecting the government led by Matanzima then and later on by Stella Sigcau, is that correct?

FUNDIKILE BLACKIE NOMBANGA: That is correct.

MR MAPOMA: And those governments were against the ANC and the PAC, as well as what you were doing?

FUNDIKILE BLACKIE NOMBANGA: That is correct.

MR MAPOMA: Now when during the 1989 and 1990 period, there erupted information that Holomisa was leaning towards the ANC, you were still in the Police Force, is that correct?

FUNDIKILE BLACKIE NOMBANGA: That is correct.