Amnesty Hearings — Bloemfontein — 1996-05-13

N JACK MENERA: After his release, yes I think that's true.  After his release, when he was told that he was going to be released from detention, we were detained with him, when he told us that he was going to be released the following week, then he was truly released the following week. Then he went out.
	We the comrades asked among ourselves, how did he know that he would be released whereas there were more than a 100 people who were detained and that didn't know when they would be released.  Why did he know that he was going to be released?  We noted that concern.
	It happened that we were released after three months from detention.  In 1987, 1988 there were local council elections in 1988.  Mr Morgan Phelane, we saw his name appearing on the candidates' list as members of the local Councils.  Before the elections we as members of Michael, we approached him..

UNKNOWN: Before you tell us about what occurred once you saw Mr Phelane's name in the candidate list, can you tell us about Mrs Phelane was she engaged in any civic activity?

N JACK MENERA: Also her name appeared on the candidate list on which Mr Morgan Phelane appeared.  I don't remember how many people were there on the list but Susan Phelane and Morgan Phelane, their names appeared on the candidate list for local council elections.

UNKNOWN: For elections for the first time?

N JACK MENERA: No it was not for her first time.  If I remember well in 1986 and that issue was discussed in Grootvlei Maximum whilst we were detained together with Mr Morgan Phelane that he was questioned by comrades.  People who were living with him were saying, how did it happen that Susan Phelane should be a councillor whereas her husband was an activist and a member of African National Congress, how did that happen?
	We responded by saying Mr Phelane likes to ask that at the end of the year Susan Phelane would be resigning at the end of that year but that didn't happen until 1988 when we saw both their names appearing on the candidates' list.

UNKNOWN: Did Susan Phelane ever approach and ask to resign as a councillor?

N JACK MENERA: Before 1988?

UNKNOWN: That is correct.

N JACK MENERA: We did discuss about it many times but we didn't approach her directly but we did once approach her directly, we used to approach Mr Morgan Phelane, so that is the person who promised us that Susan Phelane would be resigning by the end of the year and that didn't happen.

UNKNOWN: You may now proceed as from 1988.

N JACK MENERA: In 1988 we approached Mr Morgan Phelane and negotiated with him that we are afraid when you see your name appearing on the local government's candidate list because we knew that all along you were together with us to fight for freedom and you were together with us. It seems now your name is appearing on the candidate's list for local councils.  What's happening?
	The answer from Mr Morgan Phelane was that we don't know anything about politics, we should not question all those kinds of questions, why he should participate in local council elections.

UNKNOWN: What happened thereafter?

N JACK MENERA: We continued with the discussions and we as Michael never gave up.  We knew him as part of the comrades, we showed him many reasons why he should resign.  I remember that those councillors who were supposed to be elected, the people were serving on mine who were to be elected, then we called a meeting in Brandfort where we wanted the councillors to attend the  meeting so that we should explain to them that their work as councillors is not relevant without torture and assault and that happened.
	The councillors I'm talking about except Susan Phelane came to the meeting and we did negotiate with them therefore they resigned as councillors.  In the same year in 1988 Mr Morgan Phelane didn't attend that meeting. Susan Phelane didn't attend that meeting.  During that time we still intended to approach Mr Morgan Phelane that he should step down.  In 1990 we called for the Bloemfontein branch, that is the regional branch of the regional office of ANC in Bloemfontein that they should try to show Mr Morgan Phelane about his work as a local councillor.  His response to the regional office who went to approach him in the shop was that he will never discuss politics with stupids.

UNKNOWN: And what followed his response that he would not discuss politics with stupids?

N JACK MENERA: People who attended the meeting on that day decided to take an action against Mr Phelane.  They said this is the last step, we will not kill or burn, we will take the buckets which were used in the toilet and spill them in his shop. We will inform people that they should not buy in his shop and we will also tell people that they should not board his taxi which was driven by his son.  People went there, took the toilet buckets and spilled them inside and outside Mr Phelane's shop. That was the first step which was taken against Mr Phelane.

UNKNOWN: Did this prompt Mr Phelane to resign as a councillor?

N JACK MENERA: After that action taken by the residents to spill the toilet buckets at his business, Mr Phelane decided not to resign, what he did, he formed a gang which I cannot recall its name, whether it was Inkatha or Morgan Phelane Gang, it was referred to by many names, people who are against liberation. This gangster continued in Brandfort assaulting comrades, killing comrades.

UNKNOWN: And what else did the gangster do?

N JACK MENERA: As I've explained that these gangsters, the operations that they carried out, the aims or objectives of these gangsters or the aims of the former gangsters of Mr Phelane was to shut the ANC down in Brandfort, that there's be no one talk about AN or shout Viva or toyi-toyi around Brandfort. This gangster took such operations that the ANC must be shut down in Brandfort.

UNKNOWN: You mentioned that comrades were assaulted and killed by these gangsters. Do you know of any person who was assaulted by members of this gang?

N JACK MENERA: Yes I do.  They are so many, I would request in this manner.  The one that I'm sure that he was killed were twins, two brothers, the other one was Billy and Sammy.  Sammy was accused No 7 in my case or trial that cell in Jail 4.  Sammy was killed by a guy referred to as Rabana Mutsi who was killed at that time in the township.

ADV DE JAGER: But you're now telling us of things that happened after your trial.  Sammy was accused No 7 in your trial and he was killed after your trial. Could you kindly tell us...(intervention)

N JACK MENERA: He was killed before as we took the action on 14th of July, he was already dead then, Billy, I'm referring here to Billy.

ADV DE JAGER: But...(intervention)

UNKNOWN: Commissioner, if I may be of assistance. The person who died, Billy he is the twin brother of Sammy who was the co-accused. Billy was killed Mr Commissioner.

JUDGE WILSON: What trial are we talking about?

UNKNOWN: The trial that has given rise to this application My Lord.

JUDGE WILSON: Have you got a copy of the indictment in front of you?

UNKNOWN: That is so My Lord, Mr Chair.

JUDGE WILSON: How many accused were there?

UNKNOWN: There were about three.

JUDGE WILSON: Yes.

UNKNOWN: My instructions are that initially there were about, I think, 10 people and charges were withdrawn against...(intervention)

JUDGE WILSON: So they weren't at the trial?  He has said Sammy was accused No 7 at my trial, but he wasn't, there were only three accused?

UNKNOWN: I think a ...(indistinct) he would have referred to the Section 119 Proceedings as the trial My Lord.  May we My Lord, for the sake of the witness accept that the Section 119 Proceedings were the trial and that's how he refers to the Section 119 Proceedings?

JUDGE WILSON: Is that what he believed?  Have you consulted with him?

UNKNOWN: On the aspect, that is correct Mr Chair.  Now he told us that Billy was killed by the gangsters.