Amnesty Hearings — Bloemfontein — 1997-05-16

JANE NONSHABA PLAATJIES: It was formed as the ANC and they were arrested, Noxie was among them.  And the police convinced them, because we realised this when Qukwa was already dead, that some of the police negotiated with the arrested people, because they would not be given food for about three days, and the police convinced them that if you agree to go out and kill the ANC leader, then we will give you food and we will give you a special attention.  Noxie and them agreed to that.  Now when they were arrested those who gave this - who revealed this, were those who did not agree to what the police was saying.  Noxie and them were then released, and they killed Qukwa and those people arrested with him.

ADV DE JAGER: Was your brother also arrested?

JANE NONSHABA PLAATJIES: He was not arrested, because he was not even around.  We went to fetch him after his brother-in-law died.  He then came down.  He was not at home all along.  And he had never been looked by the police at any stage. And this name Peter Qukwa is not the real name, he was Lilibet Skosana Qukwa.  His wife is present here. She can come and testify, if necessary.

ADV DE JAGER: So your brother wasn't ever arrested with Noxie and he wasn't - was he friends with those people that associated with Noxie?

JANE NONSHABA PLAATJIES: My brother had never been arrested in his life and he doesn't know Noxie at all.  He was not even present when this incident, when this thing took place.

ADV DE JAGER: Where was he working at the time when he died; was he working at Sharpeville or where was he working at that stage?

JANE NONSHABA PLAATJIES: He was working at Sharpeville.

ADV DE JAGER: And you told us that he was working at Sharpeville for four years.

JANE NONSHABA PLAATJIES: Yes.

ADV DE JAGER: Was that the four years immediately before his death?

JANE NONSHABA PLAATJIES: Are you referring to the four years he worked at Sharpeville?

ADV DE JAGER: Yes.

JANE NONSHABA PLAATJIES: Yes.

ADV DE JAGER: Was he married?

JANE NONSHABA PLAATJIES: He was not yet married.

ADV DE JAGER: Did he have children?

JANE NONSHABA PLAATJIES: No.

ADV DE JAGER: Was he caring for somebody, did he look after family members or what was his position, was he totally independent?

JANE NONSHABA PLAATJIES: He was the breadwinner because all of us were at school and my mother has been ill since this incident. She was prepared to come today but she couldn't because every time we talk about this incident, old wounds open up.

ADV DE JAGER: Your father, is he still living?

JANE NONSHABA PLAATJIES: Yes.

ADV DE JAGER: Who was caring for your mother? Your father?  Was he working and caring for your mother?

JANE NONSHABA PLAATJIES: My father lost his job, he is now old.  Johannes was looking after us all.

ADV DE JAGER: Do you know whether any TRC official visited your mother and took a statement from her?

JANE NONSHABA PLAATJIES: Yes.

ADV DE JAGER: Did they take a statement from her?

JANE NONSHABA PLAATJIES: Yes, they did take a statement from her.

ADV DE JAGER: Thank you.

JUDGE WILSON: Do you know what work your brother was doing in Sharpeville, who he was working for?

JANE NONSHABA PLAATJIES: Yes, I know who he was working for.  He was repairing cars, he was a mechanic.

JUDGE WILSON: Yes, but who for?

JANE NONSHABA PLAATJIES: It was his own company, owned by himself and my cousin.

BERNARD MAKGABO NGOEPE: Earlier than today, any time in the past, did you ever come across this rumour that your brother had killed Qukwa?

JANE NONSHABA PLAATJIES: I heard this the first time today.

BERNARD MAKGABO NGOEPE: All you heard was that Qukwa had been killed by members of the Noxie gang?

JANE NONSHABA PLAATJIES: Yes, because it appeared even in the newspapers and people were arrested.

BERNARD MAKGABO NGOEPE: Thank you.

JUDGE WILSON: Did Qukwa and your sister have any children?

JANE NONSHABA PLAATJIES: Yes, they had a child, the child is present in this hall.

JUDGE WILSON: So he was accepted as a member of the family, was he?

JANE NONSHABA PLAATJIES: Yes.

JUDGE WILSON: Thank you.

MS THABETHA: No further questions.
NO RE-EXAMINATION BY MS THABETHA

MS THABETHA: Thank you, Chair.  Mr Chair, can I suggest that TRC R & R take a statement from her and take it further?

JUDGE WILSON: I think that would be important (indistinct -microphone not switched on).
	Are you going to call any other relations or ...

MS THABETHA: No, Mr Chair.

ADV DE JAGER: Could it be interpreted to the people, whether there is any other of the other, one of the relations, for instance the sister, who want to testify - are the victims present?

MS THABETHA: No, Mr Chairman.

JUDGE WILSON: Does that conclude all the evidence that is wished to be put before us?

MS THABETHA: Yes, Chairperson.

JUDGE WILSON: Well, are you ready to address us?

ADV TSHONGWENI: That is correct, Mr Chairman.
ADV TSHONGWENI ADDRESSES COMMITTEE ON MERITS OF CASE
	Thank you, Mr Chairman. With your permission I would like to give a brief address on behalf of applicant No 2, that is Simon Moalosi.  
	May it please the Chairman and members of the Committee.  We have just heard evidence by the applicant which its nature is that No 1, he was a member of the Correctional Services which was then called Prison Services. In terms of Section 1 of the Promotion of National Unity and Reconciliation Act, security forces is defined as including members of the Department of Correctional Services.  So I will argue that he fits the category of the definition of the Act. 
	He committed a gross violation of human rights, that is killing as defined in the Act, and he has adduced evidence to that effect.  The applicant also believed that the ANC supporters were his enemy.  He also adduced evidence to this effect that during one of the stayaways, which was called by supporters of the UDF or African National Congress, he did not heed the stayaway call.  As a result he was assaulted by ANC supporters, who viewed him as an enemy. 
	The applicant's act, I would argue, that it is associated with a political objective because it was clear that at that time in Parys, Tamahole township, the ANC supporters were hostile towards him, because they viewed him as the enemy. In fact, the act was committed in the course of the conflict between the ANC supporters and those who did not support the ANC.  One would appreciate the fact that one, if you are a member of the community at Tamahole, you were either regarded as a comrade or an enemy.  Unfortunately for the applicant he fell on the side of the enemy. As a result of this conflict. 
	Although he committed the offence without an order or an instruction as required by the Act, it was clear that if he did not defend himself at that time against his political rivals or opponents, he would have been seriously injured or killed.  He didn't know what would happen the following day because there was this tag hanging on him, that he was an enemy.
	In conclusion, Mr Chairman, I have briefly stated that the situation in Tamahole at that time was that one would be either on the side of the comrades or the security forces, as defined in the Act.  The applicant has so identified himself as an enemy, because he never heeded to the calls of UDF supporters or ANC members.
	With your permission, Mr Chairman, I would like to narrate an extract from the ANC's statement, which was submitted to the Truth and Reconciliation Commission.

JUDGE WILSON: The first one?

ADV TSHONGWENI: The first one.  I will be grateful if I could give you other copies. I do have a copy. And then I will make reference to that.

JUDGE WILSON: Is that the book?

ADV TSHONGWENI: This is the statement which was submitted on the 22nd of August. I do have copies, Mr Chairman.

JUDGE WILSON: So have I.

ADV TSHONGWENI: I do have copies, Mr Chairman.

JUDGE WILSON: So have I. I think I have just sent my secretary to fetch my copy, but I don't have the other ...