CHAIRPERSON: Mr Patose, please remain standing. Are your full names Jabulani Montechristo Patose?
JABULANI MONTECHRISTO PATOSE: (sworn states)
CHAIRPERSON: You may be seated, thank you. Mr Koopedi?
EXAMINATION BY MR KOOPEDI: Thank you, Chairperson.
Mr Patose, is it correct that you are a co-applicant in this matter and that your application form is on page 3 of the bundle of documents before this Honourable Committee?
MR PATOSE: That's correct.
MR KOOPEDI: Now is it also correct that you are applying for amnesty for an incident that occurred on the 29th of July 1992, an attack on one, John Selai, or Johannes Selai?
MR PATOSE: That's correct.
MR KOOPEDI: Could you briefly tell this Honourable Committee where you were and what happened to you this evening.
MR PATOSE: On that particular day we were at Boipatong next to my home, that's when we heard from Daddy Ditukwe that, he said to us "We are busy drinking and people have been shot at Checkers Tavern and those people that have attacked are IFP people. We immediately went to Checkers Tavern to see what was happening there.
On our way we came across people who were going to Checkers Tavern. We went there together till we arrived at the tavern. That's when I saw Mr Selai being caught there. Then I heard that he was one of the people who were present when people were shot at the tavern. I became very angry when I heard that and I hit him with my fists and I kicked him.
While we were assaulting him I went back a bit because I saw people assaulting him with weapons, so I did not want to injure myself. Then I saw my girlfriend with out child, a very small baby. Then I took my girlfriend to her place. That is not far from Checkers Tavern, a street behind Checkers Tavern. I accompanied her to her home because I wanted to come back so that we could finish the job of assaulting Johannes.
When I came back I realised that he was already burning and the police were already shooting, but I could smell the teargas and I ran away as well.
MR KOOPEDI: Now there's something I missed. What did you personally do to Mr Selai?
MR PATOSE: When I arrived there I hit him with fists and I kicked him. I kicked him and I hit him with my fists.
MR KOOPEDI: Okay. Perhaps the reason I'm asking is because there is an allegation, or there was an allegation in court that you chopped him with some object. Did you chop him?
MR PATOSE: No, I did not hack him.
MR KOOPEDI: Okay. Now do you regard this attack on Mr Selai as having been politically motivated?
MR PATOSE: Yes, it is motivated by politics because at that time in Boipatong, even before the Boipatong massacre, it was already known that the Inkatha people were attacking people. They were also attacking schools as well. They were also attacking leaders of the ANC, like Mr Sotso. It was known at that time that if you were a member of the IFP, you were supposed to be killed so that, or you would be chased out of the township, either dead or alive.
MR KOOPEDI: Did you gain anything personally from this attack?
MR PATOSE: No, I did not expect to get anything because I was just protecting myself and the people who were resident at my place.
MR KOOPEDI: Now do you think you have told everything that is to be told, that is have you fully disclosed all the material facts?
MR PATOSE: That's correct.
MR KOOPEDI: No further questions, Chairperson.
NO FURTHER QUESTIONS BY MR KOOPEDI
CHAIRPERSON: Thank you, Mr Koopedi. Ms Mtanga, questions?
CROSS-EXAMINATION BY MS MTANGA: Thank you, Chairperson, one question.
Mr Patose, in your application the essence of your application is that you were implicated in this attempted murder act. You never played any role. Can you explain why did you write this in your application, in the light of your evidence today?
MR PATOSE: I made this application because I was present when Johannes was assaulted, I kicked him and I hit him with my fists. That is why I'm asking for forgiveness and I'm applying for amnesty.
MS MTANGA: No further questions, Chairperson.
NO FURTHER QUESTIONS BY MS MTANGA
CHAIRPERSON: Thank you, Ms Mtanga. Has the Panel got any questions?
MR SIBANYONI: No questions, Mr Chairperson.
MR LAX: Nothing, Chair.
CHAIRPERSON: Have you got any re-examination, Mr Koopedi?
MR KOOPEDI: Nothing in re-exam, Chairperson. And I should say that that is the case for all the applicants, we intend calling no other witness, thank you, Chairperson.
NO RE-EXAMINATION BY MR KOOPEDI
CHAIRPERSON: So noted. Thank you, Mr Koopedi. Mr Patose, you're excused, thank you.
WITNESS EXCUSED
CHAIRPERSON: Ms Mtanga, is there any other evidence?
MS MTANGA: Chairperson, I intend to call no other witness. The victim in this matter, Mr Johannes Selai was notified and he made contact with our Investigator yesterday that he would be coming here, but he has not arrived, so I assume that he will not be attending this hearing because he had not attended even yesterday, which the date the matter was scheduled for.
CHAIRPERSON: Yes.
MS MTANGA: That ends my evidence as well.
CHAIRPERSON: Yes, we have noted that, that there was due notification and that the victim has failed to appear.
Mr Koopedi, have you got any submissions on the merits of this application?
MR KOOPEDI: I have a brief address, Chairperson.
CHAIRPERSON: Yes, go ahead.
MR KOOPEDI IN ARGUMENT: Chairperson, Honourable Committee Members, it is my submission that this incident occurred at a time when there was great political turmoil in Boipatong. This is at a time where the residents of Boipatong were regarded or categorised as ANC, whether you were ANC or not and that people who stayed at the hostel were regarded as IFP. And in fact, Chairperson, anyone seen in the midst of IFP persons or even suspected of having IFP links, this person would be attacked and killed, Chairperson. And it is in that situation where these applicants found themselves.
It is my submission, Chairperson, that the attack or the attempted murder on Mr Selai, could not have been anything than political. And I would briefly want to allude to the fact that in the application forms of these applicants before you, none of them seem to properly own up, that is in their application forms.
My submission, Chairperson, Honourable Committee Members, is that the applicants' explanations should be accepted. These applicants before you were not assisted by any legal person or any person in fact, when they completed their forms, other than the members of the SAP.
At that time, Chairperson, their appeal was still pending, that is when they completed these applications forms. And as you can see, Chairperson, on their application forms, these forms were attested to in the Charge Office of the Vanderbijlpark Police Station. And it is on those basis that I submit that their explanation be acceptable, that they feared in fully disclosing when they did their application forms and that that should not be viewed as an attempt to run away from the truth.
Going back to the incident that evening, Chairperson, Honourable Committee Members, you will note that from the evidence there is not one person who ordered this attack, no person who could say "I was in a position of authority, I ordered this attack", this was a spontaneous reaction of a community at war, at war with the people from Kwamadala, or people who they believed were from Kwamadala and this was a political war and nothing else, Chairperson.
And again, all these applicants before you have taken an active role in the attack on Mr John Selai and they have fully told you what their roles were. It's my submission, Chairperson, that they could have placed themselves on the scene, ...(indistinct) some common purpose, but instead of doing so they actually told you about the active and perhaps very damaging role they had this evening. And it's my submission that that should go on to support their evidence here that they have fully disclosed all the material facts.
And finally, Chairperson, it has been evidence here that none of these applicants before you received any personal or financial gain. And it is on those basis that I would ask this Honourable Committee to grant these four applicants before you amnesty. Thank you, Chairperson.
CHAIRPERSON: Are they serving the sentence in respect of this incident?
MR KOOPEDI: Yes, that is so, Chairperson, all four of them are serving sentences. I have the sentences ready with me here, perhaps I could be of help. Chairperson, the last applicant, Mr Patose, is serving a 7 year sentence, Msimango is serving a 5 year sentence - sorry, a 7 year sentence, Hlongwane is serving a 7 year sentence and Mzumbe is serving a 5 year sentence.
CHAIRPERSON: And in which court were they convicted and sentenced?
MR KOOPEDI: They were all convicted in the Regional court of Vanderbijlpark.
CHAIRPERSON: And they were convicted of attempted murder in respect of Mr Selai.
MR KOOPEDI: Precisely, Chairperson.
CHAIRPERSON: Was that the only charge and the only count they were convicted of?
MR KOOPEDI: That is so, Chairperson.
CHAIRPERSON: Yes, thank you, Mr Koopedi. Ms Mtanga, have you got any submissions?
MS MTANGA: Chairperson, I will not be making any submissions and I wish to leave this matter in your discretion.
NO ARGUMENT BY MS MTANGA
CHAIRPERSON: Yes, thank you. Yes, that concludes the testimony and the formal proceedings in these applications. We will consider the applications and we will endeavour to prepare a decision as soon as circumstances permit, at which point the interested parties will be notified of the decision of the Panel. So under those circumstances we reserve the decision in the matter.
We thank you, Mr Koopedi, for your assistance in this matter.
MR KOOPEDI: Thank you, Chairperson. May we be excused?
CHAIRPERSON: Yes. Is this your only matter before us?
MR KOOPEDI: Unfortunately so, Chairperson.
CHAIRPERSON: Yes, well then we will excuse you.
MR KOOPEDI: Okay, thanks, Chairperson.
CHAIRPERSON: Thank you very much. We have actually adjourned the other matter by agreement, till 2 o'clock this afternoon, which I assume would be the remaining one on the roll for today.
MS MTANGA: Yes, Chairperson, we had two other matters which were enrolled for today, those are the Qhalo matter and Makola matter.
CHAIRPERSON: Now what is the position with those, are they ready to proceed or what?
MS MTANGA: Chairperson, I'm not sure how much time we have, but the matter that we can proceed with which I think can be disposed of in a shorter time, is the Qhalo matter and the representative of Mr Qhalo is here.
CHAIRPERSON: Is she here?
MS MTANGA: Yes.
CHAIRPERSON: Let me just see if we have the papers. Yes, it it's possible to dispose of it, then I would wish to do so. So perhaps we should just stand down for a short while and also allow Mr Koopedi and his clients to leave and rearrange to get the other matter on. So we'll stand down for a few minutes.
MS MTANGA: Thank you, Chairperson.
COMMITTEE ADJOURNS
