CHAIRPERSON: Then I will administer the oath to Mr Ndzamela. Can you please stand, Mr Ndzamela. Can you give your full names please?
IAN NDIBULELE NDZAMELA: (sworn states)
CHAIRPERSON: Mr Ntanunu, he's your witness.
EXAMINATION BY MR NTANUNU: Thank you, Honourable Chair.
Mr Ndzamela, there is an affidavit which I've read into the mike here and which has been marked Exhibit B. Now first of all, have you deposed to that affidavit?
MR NDZAMELA: Yes, that is correct.
MR NTANUNU: Now, in the affidavit in question you have in paragraph 3 in particular, and 4, mentioned that the whole affidavit of Mayapi has been read and interpreted to you and you confirm the contents thereof, is that the position?
MR NDZAMELA: Yes, that is correct.
MR NTANUNU: Now, you have heard some other things which were said by Mr Mayapi here, both at the time I was leading him and also at the time he was cross-examined by the counsels for the victims. You heard him?
MR NDZAMELA: Yes, that is so.
MR NTANUNU: Now, insofar as his replies to those questions are concerned, do you also align yourself with them?
MR NDZAMELA: Yes.
MR NTANUNU: Now I asked Mr Mayapi a question where I've asked him whether it has since come to his knowledge that a small child, a boy of about 12, in fact lost his life in the operation in question and also that those two girls who are seated over there also lost their father, you are also aware of that.
MR NDZAMELA: Yes, that is correct.
MR NTANUNU: Now it is a painful thing to lose a loved one, what do you say, what can you say to them?
MR NDZAMELA: I would like to apologise to them and I would like to add that we did not aim at certain people or certain families even though they were affected, so I'm sorry, I apologise for what happened.
MR NTANUNU: Lastly, are you pleading with the Honourable Amnesty Committee to grant you amnesty?
MR NDZAMELA: Yes, that is so.
MR NTANUNU: Is there perhaps anything which you'd like to add, which you feel has not been covered?
MR NDZAMELA: Yes, there is.
MR NTANUNU: Can you just add that?
MR NDZAMELA: What I would like to say is this. When this incident happened the political situation that existed at the time, I don't think it was clearly explained.
MR NTANUNU: I seem to having problems with my headphones, can you repeat what you have said, Mr Ndzamela. The other thing that I request of you is not to be fast please. Can you just repeat what you have said and not be fast.
MR NDZAMELA: What I'm saying is, the political situation at the time, I don't think it was explained clearly, so I would like to add on that point.
MR NTANUNU: Is that the only think you wanted to add?
MR NDZAMELA: Yes.
MR NTANUNU: Thank you, Honourable Chair, thank you, Honourable Members of the Committee, I think I'm through with this witness.
CHAIRPERSON: Thank you, Mr Ntanunu. Mr Jaco, any questions?
CROSS-EXAMINATION BY MR JACO: Thank you, Mr Chairman, just one question of this applicant.
Mr Ndzamela, you are very brief in your affidavit, are you sure you have made a full disclosure of the events, in accordance with the Act?
MR NDZAMELA: Yes, that is correct.
MR JACO: You also confirm what we have been told by the first applicant in his affidavit, that is Mr Mayapi.
MR NDZAMELA: Yes, that is correct.
MR JACO: Thank you, Mr Chairperson, I have no further questions.
NO FURTHER QUESTIONS BY MR JACO
CHAIRPERSON: Thank you, Mr Jaco. Ms Wild, any questions?
CROSS-EXAMINATION BY MS WILD: Thank you, Mr Chairman. Mr Ndzamela, Ms Hudson was a little distressed that you didn't in fact look at the girls, she wondered whether you could maybe look at them. She didn't feel that you'd maybe seen her in directing the remarks which you made.
MR NDZAMELA: Yes, I can. I don't have a problem, I can look at her.
MS WILD: And I take it that you do apologise to her as she understands?
MR NDZAMELA: Yes, I do apologise to her.
MS WILD: And in that regard I take it that you also request forgiveness, as your colleague did?
MR NDZAMELA: Yes, that is correct.
MS WILD: I'd like to indicate, Mr Chairman, and other members of the Committee, that Ms Hudson would like to forgive the second applicant as well. Thank you.
CHAIRPERSON: Thank you, Ms Wild. We have noted. Ms Patel?
MS PATEL: Thank you, Honourable Chair, I have no questions for this witness.
NO QUESTIONS BY MS PATEL
CHAIRPERSON: Any re-examination, Mr Ntanunu?
MR NTANUNU: Thank you, Honourable Chair, no re-examination.
NO RE-EXAMINATION BY MR NTANUNU
WITNESS EXCUSED
CHAIRPERSON: Mr Jaco, have you got any evidence that you wish to lead?
MR JACO: Thank you, Mr Chairperson, there is no evidence, except that Mrs Ntakana, the one I'm representing, Mr Chairperson, wishes to state that she is forgiving the two applicants also. Thank you, that is all.
CHAIRPERSON: Thank you, Mr Jaco, we have noted the view of your client. Ms Wild, are you going to lead anything?
MS WILD: No, Mr Chairman, Members of the Committee, we won't be leading any evidence, we'd just like to place on record though that both the daughters of Mr Hudson, by virtue of the death of their father, suffered great financial difficulty and are now both orphans, having suffered the recent death of their mother and that it is from their position of suffering and hardship that they have suffered as a result of the loss of their father, that they forgive them.
CHAIRPERSON: Thank you, Ms Wild. Ms Patel?
MS PATEL: Thank you, Honourable Chairperson, I do not intend to call any witnesses, thank you.
CHAIRPERSON: Thank you, Ms Patel. Mr Ntanunu, any submissions?
MR NTANUNU ADDRESSES COMMITTEE: Yes, yes, Honourable Chair, with respect.
Honourable Chair and Honourable Members of the Amnesty Committee, I would move and request the Honourable Amnesty Committee to grant the application for the two applicants.
It is our full submission with respect, that the requirements of the Act in question have been in fact complied with. More particularly we submit that the operation and the bombing of the casino in question was in fact done with a political objective, which is in fact the requirement of the Act in question.
We also further submit with respect, Honourable Chair and Members, that the two applicants have in fact made a full, full disclosure of the events that took place on the day in question. I do not think whatsoever that there is anybody who can in fact doubt that. Much as I do not think that there is anybody who can doubt the political objectivity of the whole situation.
I many mention, Honourable Chair and Honourable Members of the Panel, that the applicants themselves have indicated to me personally that they are very, very much happy to be here today and they have been some problems with them because we had held the view that because of the fact that they've already been convicted and sentenced for this act, that then there was no need to appear and move the applications in terms of this Section 18, but when we discussed the matter we seemed to agree that this should be all, or added and this should be in fact a question of reconciliation and they are very, very glad to have been given the opportunity of actually seeing the relatives of the victims in question, to whom they have said before this Honourable Panel that they did not even know them, they did not know who were to be injured over there, but they are happy now to see them and they've even gone out of their way and also asked for pardon and also asked them to understand the circumstances that prevailed during those years and the whole thing and which I think has come from the counsels for the victims is very, very much understandable to them.
All in all, Honourable Chair and Honourable Members, our submission with respect is that we have complied with the provisions of the Act insofar as the requirements for the granting of applications are concerned, and we accordingly pray that the applications be granted. Thank you very much, Honourable Chair, thank you very much, Honourable Members.
CHAIRPERSON: Thank you, Mr Ntanunu. Mr Jaco, any submissions?
MR JACO: Thank you, Mr Chairperson, I have no further submissions.
NO SUBMISSIONS BY MR JACO
CHAIRPERSON: Mr Jaco, what was the position of your client, was he just a patrol of the casino at the time or what? What was his position, the late Mr Ntakana? Was he a patron, a customer, what was his position?
MR JACO: He was just a visitor, Mr Chairman.
CHAIRPERSON: And was he killed in the explosion?
MR JACO: Yes, he was killed in the explosion. ...(indistinct) Ntakana, a small child of 12 years, Mr Chairman.
CHAIRPERSON: Oh, I see, no I've misunderstood. And he was visiting the casino you say, at the time?
MR JACO: He was visiting the casino. He was from the local vicinity and they used to visit the casino as small or young boys.
CHAIRPERSON: Ms Wild, have you got any submissions?
MS WILD ADDRESSES COMMITTEE: Yes, thank you, Mr Chairman, Members of the Committee. The position with regard to Ms Hudson and her sister is as follows: They do not oppose the granting of amnesty, nor do they as such consent to it,
because that obviously falls within the prerogative of the Committee.
Their view is that they, well particularly Ms Jessie Hudson came to oppose this matter on the basis that on the face of it she was not satisfied that the statement simply on a piece of paper, that there was a political objective and she also wished to satisfy herself concerning the sincerity of the applicants and their way of being and she has satisfied herself about that, which is why she has been prepared, having heard them and listened to them, to in fact forgive them on the basis that they are being sincere, that they've come here in a genuine attempt to reconcile with the families of the victims.
So on that basis then, the application for amnesty is not opposed and having been satisfied with the sincerity of the applicants, as I've said, Ms Hudson has not difficulty, well she has difficulty, but she has no wish to withhold forgiveness from them, she wishes to forgive them, thank you.
CHAIRPERSON: Are you clients sisters, the daughters of the deceased?
MS WILD: Mr Chairman, my client is Ms Jessie Hudson, but her sister is present and they were both daughters of the deceased, who died as a result of very severe injuries sustained in the explosion. He was a visitor to the Wild Coast Hotel at the time.
CHAIRPERSON: And what is the name of her sister?
MS WILD: It's Tanya Hudson, Mr Chairman.
CHAIRPERSON: Thank you, Ms Wild.
MS WILD: ...(indistinct) just on her behalf, I would just like to thank the Committee and the Members of the Committee and the Institution of the Committee for permitting her to be present to also have the opportunity to see the applicants and to hear them, thank you.
CHAIRPERSON: Yes, that is noted. Ms Patel, have you got any submissions?
MS PATEL ADDRESSES COMMITTEE: Thank you, Honourable Chairperson, I wish to state that my client's position as I set it out at the commencement of the hearing remains. I accordingly have no further submissions, thank you.
CHAIRPERSON: And we had gathered from what you had put to the applicants, that it is Mrs Dlamini's late son who was the caretaker at the hotel complex?
MS PATEL: That is correct.
CHAIRPERSON: Thank you, Ms Patel. Mr Ntanunu, I assume that you've got no further submissions?
MR NTANUNU: No further submissions, Honourable Chair, thank you.
CHAIRPERSON: Yes, thank you very much. Ms Patel, can you just get us Mrs Dlamini's full names.
MS PATEL: It's Lillian, Chairperson: L-I-L-L-I-A-N.
CHAIRPERSON: Thank you very much. We want to take just a brief to consider the matter and to formulate a decision. We will reconvene in a very short while. We will be ready to deliver our decision in this matter, so we will stand down for a short while and we will indicate to you when we are ready.
MS WILD: Mr Chairman, could I just ask something? Would it be possible please for us to be excused from the hearing because we come from Durban and we to. We will discover the outcome from your facilitators, if that would suite you.
CHAIRPERSON: Yes, it appears as if there are no problems. Yes, if your clients are happy, we will certainly excuse them at this stage and then simply thank you Ms Wild for your assistance and thank your clients for their presence and for the attitude which they have expressed, which we have noted, and which in our view is something positive. Thank you.
We'll stand down for a short while.
COMMITTEE ADJOURNS
ON RESUMPTION
F I N D I N G
This is the application for amnesty of Ian Ndibulele Ndzamela and Pumzile Mayapi, arising from an incident which occurred at the Wild Coast Casino at Mzamba on the 18th of April 1986.
We are proceeding to give an immediate decision in this matter, unlike in many other cases where it is necessary for us to take some time to consider the matter and release it at a subsequent stage, in view of the peculiar circumstances of this particular matter and for that reason we are according proceeding to give an immediate decision in the matter.
During the incident, which formed the subject matter of this application, the applicants caused two limpet mines to explode in one of the toilets, public toilets at the casino complex, which resulted in a number of deaths, injuries and damage to the complex. The applicants were eventually tried in the Transkei Supreme Court pursuant to the incident, where they were convicted of two counts of murder and one count of terrorism. Pursuant to this conviction they were initially sentenced to death, which sentence was subsequently commuted to one of 18 years imprisonment.
The applicants were eventually released in terms of the general amnesty for political prisoners which was granted during February of 1990, and they are consequently not presently serving any prison sentence arising from the incident.
There were three victims of the incident, who participated in these proceedings and who were all legally represented namely, Mrs Margaret Ntakana, who is the mother of the late Bhekinkhozi Ntakana, her 12 year old son who was a visitor to the casino complex and who was killed in the incident, he was an inhabitant of the area surrounding the casino, Jessie and Tanya, the daughters of the late Thomas Hudson, who was likewise killed in the incident and who was at the time a visitor to the hotel, Mrs Lillian Dlamini, the mother of the late Wilfred Dlamini who was a caretaker at the casino complex.
According to the applicants they were members of Umkhonto weSizwe, military wing of the African National Congress at the time, and they had committed the deed on the instructions of their then commander, the late Mzizi Makwageza. The objective which they were pursuing was to demonstrate the ability of Umkhonto weSizwe to retaliate to actions against its members and followers by the South African Security Forces, pursuant to the raid conducted by the South African Security Forces in Lesotho at the beginning of 1986.
They also indicated that at the time there were orders from the African National Congress to render South Africa ungovernable and to target all institutions which were regarded as extensions of the oppressor. The casino in question fell into the category. They indicated that they reconnoitred the casino before the attack and concluded that the toilet in question is the most suitable place to cause the explosion without exposing too many persons to injury. They however reconciled themselves to the possibility of death or injury resulting from the explosion. They placed the limpet mines in the toilet in question at approximately 19H00, and they set them to detonate three hours later, somewhere between 22 and 23H00 hours.
According to them the reconnaissance of the casino complex had led them to believe that at this time there would be the least possibility of the toilet being frequented by patrons of the complex. After having placed the limpet mines they departed before the explosion occurred, and they subsequently read about the explosion in the newspapers.
None of the victims who participated in the proceedings seriously opposed the applications and we have no reason to doubt the version which was presented to us by the applicants. In fact both the Hudson family and Mrs Ntakana have indicated during the proceedings, that they accept the apologies which the applicants made, that they are prepared to forgive the applicants for what they had done and that they do not oppose the applications.
Under those circumstances we are satisfied that the act was committed by the applicants in their capacity as Umkhonto weSizwe operatives, on the instructions of that organisation. The act is accordingly one associated with a political objective, as envisaged in Section 20 of Act 34 of 1995. We are also satisfied that the applicants have made a full disclosure as required by the Act.
In those circumstances the applicants are GRANTED AMNESTY in respect of the offences set out earlier in this decision, that is the two counts of murder and one count of terrorism.
In conclusion, we wish to point out that in our opinion the persons referred to above, who participated in these proceedings, as well as Martha Johanna Jacomina Boshoff and Wishlo Steven Nowak, are victims in the said act and they are referred for consideration in terms of Section 20.2.1 of the Act.
In conclusion, we wish to point out that this incident is a stark reminder of the price that many innocent people paid for the eventual solution of the political problem and conflict experienced in our country. We regard it as encouraging to have noted the positive attitude adopted by the victims in this matter and the reconciliation which was has been effected through these proceedings. Although in this context there has been no direct mention of the situation of Mrs Dlamini, we hope that she would find it possible to forgive the applicants and to find some peace of mind, in spite of the tragic loss of her son, who ought, as has been quite correctly indicated, to have been a beneficiary and not a victim of the actions of the applicants.
That is the Panel's decision in this matter.
We will now adjourn the proceedings until tomorrow morning at 9 o'clock. The representatives of Correctional Services appear not be present in the venue anymore at this stage, but can I just ask that it is conveyed to them that we intend to proceed with the previous matter that stood down, at 9 o'clock tomorrow morning and that we would rely on their co-operation to ensure that those applicants are brought timeously to the venue. We thank you very much. We are adjourned.
COMMITTEE ADJOURNS
