Amnesty Hearings — Welkom — 1998-11-17

MR MHLABA: Thank you, Mr Chairman.  May I know call Jack Mofokeng?

CHAIRPERSON: Mr Mofokeng, do you have any objection to taking the oath?

JACK MOFOKENG: (sworn states)

MR MHLABA: Thank you, Mr Chairman.
	Mr Mofokeng, were you together with Phillip Mosia, Solomon Sera and Isaac Mohomane involved in an incident where two police officers were killed?

JACK MOFOKENG: That's correct.

MR MHLABA: And you are presently serving a prison term in respect of the offence, is that correct?

JACK MOFOKENG: That's correct.

MR MHLABA: And the reason for you coming before this Committee today is to apply for an amnesty in respect of those offences, is that correct?

JACK MOFOKENG: That's correct.

MR MHLABA: For record purposes, can you confirm whether you were born in 1960 on December the 1st, is that correct?

JACK MOFOKENG: That's correct.

MR MHLABA: Your educational background, up to what standard did you go at school?

JACK MOFOKENG: I ended up in standard three, when I passed standard three.

MR MHLABA: The reason you apply for amnesty is that the offences which you've committed were committed with a political objective, is that correct?

JACK MOFOKENG: That's correct.

MR MHLABA: Can you explain to the Committee if you belonged to any political movement during the period June 1993 and also the name of the organisation and your level of involvement therein.

JACK MOFOKENG: I was an ANC supporter and then in 1991 I joined the SDU.

MR MHLABA: How did you come to join the SDU?

JACK MOFOKENG: I was recruited by Isaac Mohomane.

MR MHLABA: And did he tell the - did you know of the existence of those SDUs and do you know what they were all about?

JACK MOFOKENG: Yes, I had information that they were protecting the community.  That was the main task of the SDU.  It was divided into two groups.  There was this SDU that was known to the community but I was operating under this SDU that was not known to the community.

MR MHLABA: You've indicated in your application form that you were a member of the African National Congress, do you know if there is any relationship between the SDU within which you were operating and the African National Congress?

JACK MOFOKENG: Yes, I do.

MR MHLABA: Was there a relationship?

JACK MOFOKENG: That's correct, there was that relationship.

MR MHLABA: Who was your immediate commander in the SDUs?

JACK MOFOKENG: It was comrade Mohomane.

MR MHLABA: Were you getting orders from him only or were you getting orders from any other person other than him?

JACK MOFOKENG: No, I only received instructions from comrade Mohomane.

MR MHLABA: And were you satisfied that your comrade was acting within the level of command of the African National Congress?

JACK MOFOKENG: That is correct, I was satisfied because I had faith in him.

MR MHLABA: How long have you known Mr Mohomane before he recruited you to the SDUs?

JACK MOFOKENG: I only knew him in 1991, in October.

MR MHLABA: You were then involved in this incident where the two police officers were killed, can you tell the Committee how you planned the killing?

JACK MOFOKENG: We planned this operation at Beirut, at comrade Mosia's place but by then I already knew that the police have to be attacked.  We met there on Thursday and then they said we should come back again on Friday, like they have already explained that they found me there.

MR MHLABA: Before the planning of this killing, were you aware that Mohomane was a suspect in a robbery case?

JACK MOFOKENG: No, I didn't know about that, I only learnt of that after I was arrested.

MR MHLABA: Can you continue and explain to the Committee how everything was planned and subsequently executed, with full details of every transaction which followed.

JACK MOFOKENG: Comrade Mohomane told us that the leadership has instructed the soldiers and the police should be attacked and we should attack all the government buildings and police stations but he said we should not take their weapons because the police were harassing the community.  They were killing the people.  We were being attacked by police dogs.  So that is how the instruction was given to us, that we should attack the police.
	Then we went out, that is Solomon Sera and Isaac Mohomane.  I was left at comrade Mosia's place with him.  I had a 9mm with me.  When they came back and they told us they have identified the police vehicle at the shopping complex so they've come to collect us, me and comrade Mosia.
	When we arrived at the shopping complex I saw that police van, then we sent Phillip Mosia to go inside and confirm whether police were there.  When he came back he told us that he saw three policemen.  That is how he explained to us, that they were still having their meal inside the restaurant and they were policemen.

MR MHLABA: You mentioned that when you went there you found a police vehicle and identified it to be such, do you know whether this vehicle was driven by, was being used by specific police officers?

JACK MOFOKENG: I only knew that it was used by the police but I did not know specifically which policemen were using that car.

MR MHLABA: Yes, you may proceed and explain to us from the moment when you have sent Mosia to go and check if they were in fact the police who were inside there.

JACK MOFOKENG: He came back and he confirmed that they were police but he didn't tell us their names, he just said to us he saw three policemen.
	So we waited for them but they never came out.  He went back inside.  So when he went inside he realised that they were about to leave the restaurant.
	A few minutes thereafter they came out to their vehicle.  While they were approaching their vehicle we saw them and that is when we attacked them.  We shot at them till the two died.

MR MHLABA: I am able to note from your application form, that is page 18 of the paginated bundle, that your signature at the foot of your application appears to be a different handwriting from the rest of the information which is completed in the form.  Can you tell the Committee who completed this form on your behalf?

JACK MOFOKENG: The person who filled this form for me was my commander, that is Isaac Mohomane.

MR MHLABA: You have already indicated that you went up to standard three, were you able to comprehend this application form, to read and understand it?

JACK MOFOKENG: No, I did not understand this application form but there were other places or portions of this application that I would understand.

MR MHLABA: So in other words you relied mainly on your commander to assist you, is that correct?

JACK MOFOKENG: That is correct.

MR MHLABA: So you're telling this Committee that the police officers were identified as legitimate targets of the SDUs and that was the information which you were getting from your commander, is that correct?

JACK MOFOKENG: Can you repeat the question please?

MR MHLABA: Is it your case that the police were identified by the command structures as a legitimate target of and enemies of your political organisation?

JACK MOFOKENG: Yes, we regarded them as our enemies.

MR MHLABA: Is it your case that in eliminating these police officers you were ensuring that your political organisation obtained its objectives?

JACK MOFOKENG: That's correct.

MR MHLABA: And these police officers were regarded as stumbling blocks, is that correct?

JACK MOFOKENG: ...(no English translation)  That's correct, because they were wrongfully used by the regime.

MR MHLABA: Other than what you've already explained to the Committee, do you have anything to add in support of your application?