Amnesty Hearings — East London — 1999-11-02

XOLISA MKONWANA: The date of the meeting was the 24th but the day on which it was initially decided that they must be dealt with once and for all was on that day when we went to warn Nomboniso.

CHAIRPERSON: Let's get something straight just to cut out any misunderstanding.  I'm talking about the day it was decided that they must be killed.

XOLISA MKONWANA: Your Honour, it was decided on the day when we went to Nomboniso's place.

CHAIRPERSON: What date would that be?

XOLISA MKONWANA: As I've already indicated I cannot recall the date.  Paragraph 6, line number 1.

CHAIRPERSON: It was prior to April the 24th?

XOLISA MKONWANA: It's prior to that date.

CHAIRPERSON: Do you know where, well where was the decision made?

XOLISA MKONWANA: The decision on that day we went to Nomboniso's house and when we moved out it was decided that if she has not yet, right now, we are going to deal with her once and for all, that was the language that was used but after that ...(intervention)

CHAIRPERSON: What was meant by that?

XOLISA MKONWANA: The?

CHAIRPERSON: Once and for all?

XOLISA MKONWANA: Once and for all?  Well I presume once and for all meant that she was going to be killed because that was the way we were dealing with these issues at that particular time.

CHAIRPERSON: And eventually it did happen like that?

XOLISA MKONWANA: And eventually it did happen and it was reinforced by the fact that our comrades who had been there warning her with us were arrested on the following day and they were taken to the police and tortured at the police station and when they came back they informed us that we were told that we had been taken by the police because we had been at Nomboniso's house to warn her.

CHAIRPERSON: Okay, thank you.

XOLISA MKONWANA: "I was not part of the group that killed them
but I was aware that they would be killed that evening.  It was said in a group of about 500 that Nomboniso and Mr Paka would be killed.  I was then informed on the 25th April 1986 that they were both killed on the 24th April 1986.  On subsequent days people were arrested, I was arrested about two days thereafter and I was kept in detention without being charged, I was released on the 6th May 1986.  I then moved to Mdantsane on the 8th May 1986.  I then moved to Cape Town where I'm presently residing.  I apply for amnesty for the killing of Nomboniso Cakwe and also L Vuyiso Paka because I associated myself with the people who were going to kill them.  I endorsed their killing because it formed part of our struggle against the homelands system.  We believed that they were informers and they were selling us to the homelands system.  I also apply for amnesty for the burning down of the rent office and also the building of the Department of Public Works.  I was part of the group that burnt these two buildings.  These were burnt because they were used in furthering the interests of the then homelands system.  I also apply for amnesty for burning Mr Mpeteka's house and that of Mr T M Digane."
That is all, Chairperson, thank you.

CHAIRPERSON: Sada, is that a village in the vicinity of Whittlesea or where is that?

XOLISA MKONWANA: It's a township, Chairperson.

CHAIRPERSON: Of Whittlesea?

XOLISA MKONWANA: Of Whittlesea, that is correct.

CHAIRPERSON: Yes, Mr Nompozolo?

MR NOMPOZOLO: Thank you, that is the evidence of the applicant, Mr Chairperson.
NO FURTHER QUESTIONS BY MR NOMPOZOLO

CHAIRPERSON: Were you charged eventually with this, I know you say you were arrested but released thereafter?

XOLISA MKONWANA: I was never charges on all these offences.

CHAIRPERSON: On any of these offences?

XOLISA MKONWANA: On any of these but I was arrested time and again but I was never charged.

CHAIRPERSON: Yes, Mr?

MR MALUSI: Just one question Mr Chairperson.
	When were the houses of Mpeteka and Digane burnt?

XOLISA MKONWANA: I remember it was the 12th September 1985 and the reason why I remember this date is because it was the commemoration of the death of Bantu Steve Biko that day so these two buildings were targeted as a result of that and otherwise there was no planning prior to their burning, it was something that happens spontaneously.

MR MALUSI: Did you refer to that incident in your application form?

XOLISA MKONWANA: Yes I did refer to that incident but I did not think that I cited the dates and as to the occasion.  Yes, paragraph 9(a) sub paragraph (i), burnt the rent office and Public Works Department, that is page 2.

MR MALUSI: I'm specifically referring to the burning of the house of Mpeteka and Digane.

XOLISA MKONWANA: No, I don't think they are here but there was a letter which I had attached to my original application but unfortunately the evidence leader has informed me that it has not been assigned to him and I believe that it was mentioned in that letter that was attached to the application form.

CHAIRPERSON: As part of the application?

XOLISA MKONWANA: Yes that is correct, Mr Chairperson.

CHAIRPERSON: Mr Mkonwana, just tell me, what's your academic qualifications today?

XOLISA MKONWANA: I passed Standard 10 in 1993 and the reasons why I passed in 1993 are related to all this saga, I should have passed Standard 10 in 1988 but I nearly lost my sanity and a sense of self respect because of whatever happened in 1985 and 1986.

CHAIRPERSON: Are you presently studying further?

XOLISA MKONWANA: I intend to, next year, if I go through this process.  I've already applied to the University of the Western Cape for an LLB degree and I've not received any response yet.

CHAIRPERSON: Yes Mr Malusi, it looks like you're going to get some competition in the near future.

MR MALUSI: Thank you Mr Chairperson.
	Mr Mkonwana, you'll pardon me, I did not get exactly the date.  You say on what date was the house of Mr Mpeteka and Digane burnt?

XOLISA MKONWANA: It was the same night that Nomboniso and Mr Paka were killed, that is the 24th April 1986.

MR MALUSI: Yes.  Just as a precursor, the position of the family is that in principle they are not opposed to your application for amnesty but they request that full disclosure be made to the Committee and in that line I have a few questions from them with respect to your application.

XOLISA MKONWANA: Welcome.

MR MALUSI: In the bundle on page 2 in your application, paragraph 9 a(i), in your application therein you said you participated in the killing of Nomboniso Cakwe and A V Paka and burning D M Digane.  You give the impression there that you were actually part of the burning but then in your affidavit you say you were on the other side of the township?

XOLISA MKONWANA: Of course.

MR MALUSI: Can you explain that?

XOLISA MKONWANA: I will, Sir.  The fact of the matter is that because conspiracy to murder constitutes an offence, I believe that by doing that and not warning them beforehand that they were going to be killed or warning the police for that matter, I participated.  Whether at the planning stages or at the execution of the murder, that is my position.

MR MALUSI: Yes.

CHAIRPERSON: You did one of the two or both?

XOLISA MKONWANA: I did one of the two, that is it was at the planning stages of it because when it was decided that they must be killed it was planned because we knew that they were soft targets and they would be found at any time.

MR MALUSI: The decision to kill the two people and the others, you say it was taken before the 24th April?

XOLISA MKONWANA: Yes that is correct.

MR MALUSI: When that decision was taken, were reasons given why specifically the two people had to be killed?  That is Nomboniso and Mr Cakwe?