amntrans AMNESTY HEARING 1998-11-26 PRETORIA 4 JAMES SOMPELE MASOKA AM 7086/97 https://sabctrc.saha.org.za/hearing.php?id=53010&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/1998/9811231210_pr_981126th.htm CHAIRPERSON Mr Mopedi, or Mr Sibeko? MR MOPEDI Mr Chairman, the next applicant is ...(indistinct) Mako. I think I have it here as James Sompele Masoka. CHAIRPERSON Which page? ADV SANDI It's 91, Mr Mopedi, page 91. CHAIRPERSON Mr Masoka, can you hear? MR TSHABALALA Yes. CHAIRPERSON Won't you please stand and give us your full names? JAMES SOMPELE MASOKA (sworn states) CHAIRPERSON Thank you, please sit down. Mr Mopedi? EXAMINATION BY MR MOPEDI Thank you, Mr Chairman. Mr Masoka, you are the applicant in this matter and you have brought this application for amnesty as a former member of the Self Defence Unit for Lusaka-A, am I correct? MR MASOKA Yes, that is correct. MR MOPEDI When did you join the Self Defence Unit? MR MASOKA I joined SDU in 1993. MR MOPEDI And who was your commander? MR MASOKA Mosa Msimango was my commander. MR MOPEDI As a member of the Self Defence Unit, what were your duties? MR MASOKA As a member of the Self Defence Unit my duty was to patrol around the section, carry around my weapon, AK47 and inspect and monitor the situation around our section, and also monitor other sections. MR MOPEDI Were you ever involved in a fight as a member of the Self Defence Unit? MR MASOKA Yes, that's true. MR MOPEDI Tell us about those specific incidents in which you were involved in. MR MASOKA The first incident that I remember took place in 1993 at Mazibuko Street, as the previous explained about that incident. MR MOPEDI So you confirm what he said? MR MASOKA Yes, that is correct. MR MOPEDI So in which incidents were you involved apart from that one in Mazibuko? MR MASOKA One other incident I remember or I recall took place at Mshayazafe in 1994. I was present. MR MOPEDI Were you also involved with Mr Tshabalala, the one who has just testified? MR MASOKA Yes, I was present even there. MR MOPEDI Do you also confirm his testimony in that respect? MR MASOKA Please repeat your question. MR MOPEDI You say you were involved also at Mshayazafe Hostel with Mr Tshabalala. MR MASOKA Yes, that's correct. MR MOPEDI So my next question is, do you confirm what he has told us here? MR MASOKA Yes, I concur with what he has rendered to this Commission. MR MOPEDI Are there any further instances that you would like to tell us about? MR MASOKA One other incident that I remember he did touch, with regards to the gangsters, the Bad Boys that is, and the Khumalo gang, that is. I have nothing further, other than that. MR MOPEDI So you were also involved in disarming the gangs, confiscating arms from the gangs? MR MASOKA Yes, that's correct. MR MOPEDI In those instances that you have referred us to, did you shoot or have you ever shot anyone? MR MASOKA Yes, at Mandela I shot and even at Mazibuko Street, as well as Mshayazafe incident. I did shoot at those two incidents. MR MOPEDI You shot. My question is, did you shoot anyone that you can tell us about? MR MASOKA In actual fact I won't be in a position to have the knowledge as to what happened after I shot. I know for a fact that I did pull the trigger. And as I prepared myself to shoot, I intended to kill because the person who will be shooting at me, it was also his intention to kill me. MR MOPEDI But now you cannot say with certainty that you killed someone or you injured someone, what you know is that you shot? MR MASOKA Yes, that's true. MR MOPEDI And the possibility is that you might have shot someone or even injured someone? MR MASOKA Yes, that I will not repudiate. MR MOPEDI And the people that you were fighting, that you were shooting at, who were they, were those people IFP people? MR MASOKA Yes, those were IFP members and colluding with the ISU in their deeds. MR MOPEDI So you are applying for amnesty in respect of those acts that you have committed? MR MASOKA Yes, that is so, I am applying for amnesty for all the heinous deeds I committed in the past and also being found with an unlicensed firearm and the activities that I took part in with regards to the Bad Boys and Khumalo gang. MR MOPEDI And do were you given a firearm, an AK47, is that correct? MR MASOKA Yes, that's correct. MR MOPEDI ...(indistinct) INTERPRETER The speaker's microphone is not on. MR MOPEDI Thank you, Mr Chairman. What did you eventually do with the firearm? MR MASOKA In 1994 I took my, or rather we took our firearms to Thokoza stadium where we were being called to take them to. I was with my commander by the name of Mosa. MR MOPEDI When you shot, what was your intention? Was your intention to kill or what was your intention? MR MASOKA Yes, I would agree and say my intention as I shot was to kill because they were also maintaining the same intention, to shoot to kill. CHAIRPERSON Are there any further questions? MR MOPEDI No further questions, thank you, Mr Chairman. NO FURTHER QUESTIONS BY MR MOPEDI CHAIRPERSON Thank you. Cross-examination? ADV STEENKAMP No cross-examination, thank you, Mr Chairman. NO CROSS-EXAMINATION BY ADV STEENKAMP CHAIRPERSON Thank you. CHAIRPERSON Ja, I assume you don't have anything else? MR MOPEDI No re-examination, Mr Chairman. NO RE-EXAMINATION BY MR MOPEDI CHAIRPERSON Thank you. Mr Masoka, thank you for coming, you are excused. WITNESS EXCUSED