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Amnesty Hearings

Type AMNESTY HEARINGS

Starting Date 09 May 2000

Location THOHOYANDOU

Day 2

Names DANEIL TSHINYADZO MAUBA

Case Number AM4169/96

CHAIRPERSON: Mr Mauba, what language would you prefer to talk?

MR MAUBA: Venda.

DANEIL TSHINYADZO MAUBA: (sworn states)

EXAMINATION BY MR NDOU: Thank you Mr Chairman. Mr Mauba, you are an applicant who is applying for amnesty and you heard the previous co-applicant, Mr Davhula, giving evidence and you have also filed an affidavit with the Committee. Do you confirm what is contained in that affidavit, is your evidence?

MR MAUBA: Yes, I confirm.

MR NDOU: I just want you to explain to the Committee as to what you did on the day when the deceased was killed, what is it that you did?

MR MAUBA: On the day on which we killed the deceased, on my arrival at the home of the deceased, I was one of the people who knocked the door so that the deceased could get out of the house. On knocking ...

JUDGE DE JAGER: Yes, you have set that out in paragraph 28. Is that correct? Could you show that to him?

MR MAUBA: Yes, it is correct.

JUDGE DE JAGER: And you have admitted your guilt to the offence in paragraph 29?

MR MAUBA: Yes, all that is in that affidavit, I am confirming that since I even signed and I have also read through this affidavit.

MR NDOU: Nothing further, Mr Chairman.

NO FURTHER QUESTIONS BY MR NDOU

CHAIRPERSON: Mr van Rensburg?

CROSS-EXAMINATION BY MR VAN RENSBURG: Thank you Mr Chairperson. I see in the two applications that you filed, to wit page 1 and 2 and page 4 you have given different dates of birth. Would you be so kind as to give us your correct date of birth please?

MR MAUBA: I was born in 1970, in June and that was on the 13th.

MR VAN RENSBURG: Which year?

MR MAUBA: 1970.

MR VAN RENSBURG: So when you wrote here 1972 in the form dated the 7th of April 1995, you made a mistake, is that correct?

MR MAUBA: Yes.

MR VAN RENSBURG: I suppose you also didn't make the connection that because the deceased was selling liquor at that house, that politicians are visiting that house to buy liquor?

MR MAUBA: No, it never came to my mind and I am sure that that is not true that they went there in order to buy some liquor.

MR VAN RENSBURG: Why do you say so?

MR MAUBA: It is because there in our village, shibeens were so many, but I have never seen them frequenting another shibeen, to prove that they were not going there for beers.

MR VAN RENSBURG: Pardon, I don't understand your answer, just repeat your answer.

CHAIRPERSON: What he is saying is that if they were drinking, if they were people who consumed liquor, from what I gained there, they would then be seen to be visiting many other shibeens, and not only one shibeen. Whether you accept that or not, is another matter.

MR VAN RENSBURG: I have no further questions, thank you Mr Chairperson.

NO FURTHER QUESTIONS BY MR VAN RENSBURG

CHAIRPERSON: Mr Mapoma?

MR MAPOMA: I have no questions Chairperson, thank you.

NO FURTHER QUESTIONS BY MR MAPOMA

MR NDOU: Nothing further.

NO RE-EXAMINATION BY MR NDOU

CHAIRPERSON: Thank you, you are excused.

WITNESS EXCUSED

MR NDOU: I now call Victor Brian Mukheli.

 
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