ON RESUMPTION
CHAIRPERSON: ... applications of Khumalo and Madondo?
MR KOOPEDI: That is indeed so, Chairperson. Both applicants are here before and are ready to proceed, Chairperson.
CHAIRPERSON: Thank you very much. So just for the record, we will now hear the amnesty applications of Vusi David Khumalo, amnesty reference AM3055/96 and Patrick Musa Madondo, amnesty reference AM3289/96. The Panel is constituted as indicated on the record already. Mr Koopedi appears for the applicants and Ms Thabethe is the Leader of Evidence.
Mr Koopedi, is there anything else you want to put on record or are you ready to proceed with the evidence?
MR KOOPEDI: We're ready to proceed with the evidence. May the applicant be sworn in, Chairperson.
CHAIRPERSON: Is it Mr Khumalo?
MR KOOPEDI: The applicant before you is Vusi David
Khumalo, Chairperson.
CHAIRPERSON: Very well. Mr Khumalo, just switch on your microphone please and please stand. Are your full names Vusi David Khumalo?
VUSI DAVID KHUMALO: (sworn states)
CHAIRPERSON: Thank you, please be seated. Mr Koopedi?
EXAMINATION BY MR KOOPEDI: Thank you, Chairperson.
Mr Khumalo, is it correct that you are an applicant in this matter and further that you are applying for an armed attack on a police vehicle at/or near Katlehong, during 1994?
MR KHUMALO: That is correct.
MR KOOPEDI: And Mr Khumalo, during this time, were you a member of any political organisation or a supporter of any political organisation and if so, which one?
MR KHUMALO: The ANC, as well as being a member of the Self Defence Unit, as well as a member of the ANC Youth League.
MR KOOPEDI: You say you were a member of the ANC.
MR KHUMALO: Yes, and the Self Defence Unit.
MR KOOPEDI: The Self Defence Unit. Would this have been in Katlehong?
MR KHUMALO: That's correct.
MR KOOPEDI: Now shall we move to the events of this fateful day, the 18th of April 1994, and will you briefly tell this Honourable Committee what happened on this day.
MR KHUMALO: It was on a Monday, the 18th of April 1994. On the 17th I, together with other comrades with whom we patrolling, went to our camp and when we arrived there we received information that hostel dwellers wanted to attack our area.
From there we went to the veld or an open area where the hostel dwellers would be. I and other comrades were in front and there were others who were going to be ...(indistinct) up. I carried a 9mm and the co-applicant had an AK47.
There were five of us in front, it was myself, Moosa, Vusi Bongani and comrade Bovas. We hid ourselves as we approached the area. After about 10/15 minutes, two kombis approached. One was red and another was about silver-grey, a Husky, and they were approaching the direction of the township.
We shot at them and they also returned fire as we shot at them. We were lying on our stomachs. And this was continuing, a police vehicle approached from the Eden Park direction, which is close to the hostel. And the police shot at us and we returned fire. We were trying to find a way of escaping because there were now a lot of people shooting at us.
After a short while I ran out of ammunition and then I had to flee and my co-applicant also fled. I ran and hid somewhere and I threw away my firearm. And as I was still hiding there, I could still hear gunfire going on.
After about an hour the police were now walking around with hostel dwellers. At that time I was hiding myself. After a while a helicopter was flying by and I was found out. That is how I got arrested.
MR KOOPEDI: Was your co-applicant also arrested?
MR KHUMALO: Yes, he was also arrested there.
MR KOOPEDI: Now, did you benefit anything financially from this exercise? Did anyone pay you? Did you gain anything financially?
MR KHUMALO: No, I did not. I did this because we were protecting the township, we did not gain financially.
MR KOOPEDI: Although one understands as you've put it, that it was in a war situation, but was there any political objective that you sought to achieve?
MR KHUMALO: Yes, there was. We were members of the ANC and we were waging this war against IFP members.
MR KOOPEDI: Okay. Do you think there's anything that you have not told this Committee? You know, anything relevant and material to the events on that day?
MR KHUMALO: No.
MR KOOPEDI: Chairperson, that will the evidence for now for this applicant, thank you.
NO FURTHER QUESTIONS BY MR KOOPEDI
CHAIRPERSON: Thank you, Mr Koopedi. Ms Thabethe, any questions?
MS THABETHE: No questions, Mr Chair.
CHAIRPERSON: Thank you. Has the Panel got any questions?
ADV BOSMAN: Just one question, Mr Chairman.
Mr Khumalo, the kombis that you shot at, why did you shoot at them?
MR KHUMALO: The kombis were approaching the direction of the township, which is something that they normally did not do.
ADV BOSMAN: But could you see who were in the kombis?
MR KHUMALO: Yes, we could.
ADV BOSMAN: Who were in the kombis?
MR KHUMALO: It was about eight or nine men in both kombis.
ADV BOSMAN: Yes, but what I don't understand, did you think they were IFP men or did you think they were police or what did you think, who were these people in the kombis? I don't understand that.
MR KHUMALO: We knew that they were IFP members because we knew the vehicles that they travelled in.
ADV BOSMAN: So when you shot at them, you thought you were shooting at IFP kombis? Do I understand you correctly?
MR KHUMALO: That is correct.
ADV BOSMAN: Thank you.
CHAIRPERSON: Yes, Mr Koopedi, any re-examination?
NO RE-EXAMINATION BY MR KOOPEDI
MR KOOPEDI: Nothing in re-examination, Chairperson. If there are no further questions I would request to call the second applicant, Chairperson.
CHAIRPERSON: Yes, thank you, Mr Koopedi. Mr Khumalo, thank you, you can stand down for Mr Madondo to come forward.
WITNESS EXCUSED
