Amnesty Hearings — East London — 1998-04-07

CHAIRPERSON: Thank you and I think you have in fact answered the second question already which is do you believe that your actions hastened the political settlement in South Africa and I think you have just told us that you do think it.

MR XUNDU: Yes I think so.

CHAIRPERSON: Thank you.
	In the information available to us at the present time it appears there was an application lodged at some stage in the past at the offices of the TRC.  We are unable to ascertain at the present time with any certainty precisely what that application or applications were.  Whether it was one application in respect of the St James' incident or more than one application that is one covering today.  We have not as yet received copies of the letter which I defined of the 15th September.  It seems to me, however and I have discussed this with the members of the Committee that the proper course for us to follow would be to continue with the hearing subject to us having raised the point.  Well, I think you raised the difficulty before we did that that is a matter that will have to be decided but it can be decided later.  I will assure you that if any information becomes available to us that would in any way prejudice your client, we would supply you with that information and ask you to make any representations you desire to do before acting on it.  But subject to that reservation I think we can just continue with the hearing.

MR MBANDAZAYO: Thank you Mr Chairman, I therefore call Thobela Mlambisa to the witness stand.

THOBELA MLAMBISA: (sworn states)
EXAMINATION BY MBANDAZAYO

MR MBANDAZAYO: Thank you Mr Chairman.
	Mr Mlambisa do you confirm the contents of this affidavit which is before the Committee, page 33 Mr Chairman to page 34.

THOBELA MLAMBISA: Yes it is correct.

MR MBANDAZAYO: You were part of the group which attacked the Golf Club on the 28th November 1992 is that not correct?

THOBELA MLAMBISA: That's correct.

MR MBANDAZAYO: Now can you tell the Committee the role you played in the attack yourself, taking the Committee step by step?

THOBELA MLAMBISA: During that attack I was the driver at St James
I was driver of the car that was used at the St James Golf Club.  I had a 9 mm. pistol with me.

MR MBANDAZAYO: The thing Mr Chairman, he has corrected that Golf Club.  In fact Mr Chairman I'm sorry, he also says he has applied for St James incident now we are referring to Golf Club Mr Chairman.

THOBELA MLAMBISA: I was part of the attack at the Golf Club.  I was the driver of the Volkswagen Jetta.  I was part and parcel of the operation as an APLA member.

MR MBANDAZAYO: We are told that you came to Tembasa two months before the incident at Golf Club.  Tell the Committee how did you manage to come to Tembasa?

MR PRIOR: Sorry your mikes off Mr Mbandazayo.  If you'd just repeat those opening remarks again so that it could get recorded.

MR MBANDAZAYO: Thank you Mr Chairman.
	Now you have told the Committee that you were part of the group that attacked Golf Club, can you tell the Committee how did you manage to be at Tembasa and be part of that group that attacked Golf Club on October 28th?

THOBELA MLAMBISA: I was in Umtata when I got that information that I should go to Tembasa.  I got that information from the Regional Commander, Tsomiso, the Regional Commander at the time who said I must quickly go to King William's Town.  I must quickly go to power, a person who was called Mandla who was a Logistic Officer.  Mandla gave me some money and he instructed me to go to King William's Town and there was Thembelani Xundu at King William's Town.  I can't remember the date but I boarded a taxi from King William's Town, from Umtata to King William's Town.  When I arrived in King William's Town next to the rank that's it's where I met Thembelani Xundu.

MR MBANDAZAYO: Where did Thebelani Xundu take you to?

THOBELA MLAMBISA: We left for Tembasa.

MR MBANDAZAYO: Now according to the evidence, this incident took place two months after you have arrived at Tembasa.  Can you tell the Committee what were you doing in the interim period?

THOBELA MLAMBISA: That is very easy.  When you arrived at the battlefield, I mean the border region, I told myself that when I leave, when I'm going to South Africa, I've got to do my job as a member of APLA in South Africa.  We used to go for training we had strategy, we had to attend the political classes also.

MR MBANDAZAYO: Now is there any other operation that you were involved in in the border region whilst you were there?

THOBELA MLAMBISA: No.

MR MBANDAZAYO: Now evidence has been, there was a question yesterday here which was directed to Mr Xundu regarding the postponed that the report he wrote that the operation was postponed once.  Can you tell the Committee, were you aware of such things that there was a postponement of this operation?

THOBELA MLAMBISA: This is the one of King William's Town because it did not take place, the only operation was postponed because of weather it was raining, the target was to be an SADF members who were holding a party, I don't know who those people are, I was told by Tumiso Nononga that the operation should be postponed because the target itself, the boers who were to be killed were not available at the time and because of the weather the operation was to be postponed and we had to go back to our place that the only operation that I know that was postponed.  At no stage that the Golf Club operation was postponed.

CHAIRPERSON: Was this operation while you were in Tembasa, so there was another operation there?

THOBELA MLAMBISA: No.

CHAIRPERSON: Where was this operation then?

THOBELA MLAMBISA: It was somewhere in a place that looked like a school but I'm not certain because it was dark when we got there, I didn't even know the place because it was raining and it was dark.

CHAIRPERSON: Was it while you were staying at Tembasa in this two months?

THOBELA MLAMBISA: Yes that's correct.

CHAIRPERSON: And when was it?

THOBELA MLAMBISA: It was during the two months, I can't remember the date but it was during my stay at Tembasa.

CHAIRPERSON: Well how long before the Golf Club incident?

THOBELA MLAMBISA: I can't remember, truly I can't remember.

MR MBANDAZAYO: Can I just add to what the Chairman has asked, was it after or before the Golf Club incident that there was a postponement of another operation?

THOBELA MLAMBISA: This SADF operation was postponed just before the attack at the Golf Club.

MR MBANDAZAYO: Now let's go to paragraph 5 of your affidavit at page 33, Mr Chairman.  "The first time I was told which target was to be hit was on the day of the operation."  Now can you tell the Committee what when you were told, what did you do, you were told about the target, what was your reaction, did you object, whatever was - happened at the time when you were told about the target?

THOBELA MLAMBISA: As I have already told that I was a member of APLA and I had no objection.  I was forced to undertake an operation.  The question of the Golf Club, there was no need for me to object.  I took instructions from the Commander but I was compelled, though I was willing.  I didn't do that because of orders, I did that because I was willing, as a member of APLA I was forced to do the job.

MR MBANDAZAYO: Now, we heard Mr Xundu telling the court, telling the Committee yesterday that you part of the security party, if I'm correct, though you were a driver?

THOBELA MLAMBISA: That's correct.

MR MBANDAZAYO: Can you explain that, that you were a driver also part of the security party?