<?xml version="1.0" encoding="windows-1252"?>
<hearing xmlns="http://trc.saha.org.za/hearing/xml" schemaLocation="https://sabctrc.saha.org.za/export/hearingxml.xsd">
	<systype>amntrans</systype>
	<type>AMNESTY HEARING</type>
	<startdate>1999-02-01</startdate>
	<location>METHODIST CHURCH, JOHANNESBURG</location>
	<day>1</day>
	<names>MBUSI PASSION MBATHA</names>
							<url>https://sabctrc.saha.org.za/hearing.php?id=53169&amp;t=&amp;tab=hearings</url>
	<originalhtml>https://sabctrc.saha.org.za/originals/amntrans/1999/99020118_jhb_990201jh.htm</originalhtml>
		<lines count="409">
		<line number="1">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="2">
			<speaker>ADV GCABASHE</speaker>
			<text>Advocate Leah Gcabashe.</text>
		</line>
		<line number="3">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="4">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="5">
			<speaker>ADV STEENKAMP</speaker>
			<text></text>
		</line>
		<line number="6">
			<speaker>CHAIRPERSON</speaker>
			<text>Mr Shane there were some colleagues of yours who were present earlier today.  What has happened to them?</text>
		</line>
		<line number="7">
			<speaker>MR SHANE</speaker>
			<text>Sir there are a few who are present.  They are all in fact present today, in the gallery, sir.</text>
		</line>
		<line number="8">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="9">
			<speaker>MR SHANE</speaker>
			<text>This is the matter of ...(intervention)</text>
		</line>
		<line number="10">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="11">
			<speaker>MR SHANE</speaker>
			<text>That is the reason, sir.</text>
		</line>
		<line number="12">
			<speaker>ADV STEENKAMP</speaker>
			<text></text>
		</line>
		<line number="13">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="14">
			<speaker>CHAIRPERSON</speaker>
			<text>His three applications, does it refer to the same incidents, or offences for which he applies?</text>
		</line>
		<line number="15">
			<speaker>MR SHANE</speaker>
			<text>Sir, in fact, the first application in fact deals with the offences that he will apply for, that is murder.  The other applications are of a general nature.  The second one, because of its generality, will also cover the application murder or attempted murder.  The other acts mentioned do not consist of gross violations of human rights, but he will deal with them, because he is testifying on them, sir.</text>
		</line>
		<line number="16">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="17">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="18">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="19">
			<speaker>CHAIRPERSON</speaker>
			<text>Is it, or are these two murders in the first application those incidents or offences, which would be referred to in the second application?</text>
		</line>
		<line number="20">
			<speaker>MR SHANE</speaker>
			<text>No sir.</text>
		</line>
		<line number="21">
			<speaker>CHAIRPERSON</speaker>
			<text>Well Mr Shane it is beyond me how an affidavit could not have been typed and signed between Saturday morning and this morning, but be that as it may.  Is it not possible to have it done before this applicant is finished with his evidence?</text>
		</line>
		<line number="22">
			<speaker>MR SHANE</speaker>
			<text>Well sir, I think it would be possible.  It might.</text>
		</line>
		<line number="23">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="24">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="25">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="26">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="27">
			<speaker>CHAIRPERSON</speaker>
			<text>Where would I find his application?</text>
		</line>
		<line number="28">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="29">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="30">
			<speaker>MR SHANE</speaker>
			<text>No sir, not at all.</text>
		</line>
		<line number="31">
			<speaker>CHAIRPERSON</speaker>
			<text>Mr Mbatha.  Mr Shane could you ask your client to - Mr Mbatha what language would you prefer to use?</text>
		</line>
		<line number="32">
			<speaker>MR MBATHA</speaker>
			<text>Zulu.</text>
		</line>
		<line number="33">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="34">
			<speaker>MR MBATHA</speaker>
			<text>No objection, sir.</text>
		</line>
		<line number="35">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="36">
			<speaker>MBUSI PASSION MBATHA</speaker>
			<text>(sworn, states)</text>
		</line>
		<line number="37">
			<speaker>CHAIRPERSON</speaker>
			<text>Please be seated.  Yes Mr Shane.</text>
		</line>
		<line number="38">
			<speaker>EXAMINATION BY MR SHANE</speaker>
			<text>Thank you.  Mr Mbatha, you are applying for amnesty for the crime of murder on one Beki Khanyile.  Is that correct?</text>
		</line>
		<line number="39">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="40">
			<speaker>MR SHANE</speaker>
			<text>You did, in your application, erroneously mention a killing of a Stephen Radebe.  Is that correct?</text>
		</line>
		<line number="41">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat the question, sir.</text>
		</line>
		<line number="42">
			<speaker>MR SHANE</speaker>
			<text>In your original application for amnesty which you made on the 10th of May 1997, you also mentioned the killing of one Stephen Radebe.  Is that correct?</text>
		</line>
		<line number="43">
			<speaker>MR MBATHA</speaker>
			<text>I was not present during that incident.</text>
		</line>
		<line number="44">
			<speaker>MR SHANE</speaker>
			<text>That is erroneously written on by the person who assisted you to complete your application?</text>
		</line>
		<line number="45">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="46">
			<speaker>MR SHANE</speaker>
			<text>Can you tell the Commission you were, is it correct that you were a member of the African National Congress, as well as a member of the Self-Defence Unit at the Tambo Slovo Penduka section of Tokoza?</text>
		</line>
		<line number="47">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="48">
			<speaker>MR SHANE</speaker>
			<text>When did you join the Self-Defence Unit?</text>
		</line>
		<line number="49">
			<speaker>MR MBATHA</speaker>
			<text>I cannot remember the date.</text>
		</line>
		<line number="50">
			<speaker>MR SHANE</speaker>
			<text>The year?</text>
		</line>
		<line number="51">
			<speaker>MR MBATHA</speaker>
			<text>It was in 1992.</text>
		</line>
		<line number="52">
			<speaker>MR SHANE</speaker>
			<text>This person, Beki Khanyile, who you killed.  Can you tell the Commission about him?  That is, that will say, his political affiliations.</text>
		</line>
		<line number="53">
			<speaker>CHAIRPERSON</speaker>
			<text>Well, make it easier, why did you kill him?</text>
		</line>
		<line number="54">
			<speaker>MR SHANE</speaker>
			<text>Can you answer that question?  Why did you decide that you were to kill Beki Khanyile?</text>
		</line>
		<line number="55">
			<speaker>MR MBATHA</speaker>
			<text>He was an IFP member.</text>
		</line>
		<line number="56">
			<speaker>MR SHANE</speaker>
			<text>Was that common knowledge?</text>
		</line>
		<line number="57">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that was common knowledge.  Anyone who was in Tambo section knew that information.</text>
		</line>
		<line number="58">
			<speaker>MR SHANE</speaker>
			<text>Now, what else besides being an IFP member, what did he do for the IFP?</text>
		</line>
		<line number="59">
			<speaker>MR MBATHA</speaker>
			<text>He was also a taxi driver of the hit squad.  He used to drive vehicles where there would be IFP members inside.</text>
		</line>
		<line number="60">
			<speaker>MR SHANE</speaker>
			<text>Right.  Now, that was also common knowledge?</text>
		</line>
		<line number="61">
			<speaker>CHAIRPERSON</speaker>
			<text>Sir, Mr Shane could you just give the technician a chance just to</text>
		</line>
		<line number="62">
			<speaker>MR SHANE</speaker>
			<text>Right, now before Beki Khanyile was killed, will you please tell the Commission ...(intervention)</text>
		</line>
		<line number="63">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="64">
			<speaker>MR SHANE</speaker>
			<text>Will you please repeat what the deceased Beki Khanyile did besides being a member of the IFP.  That is, in connection with his driving of hit squads.  Will you repeat that please.</text>
		</line>
		<line number="65">
			<speaker>MR MBATHA</speaker>
			<text>I said he used to drive the hostel kombis.  He used to drive vehicles for IFP members.</text>
		</line>
		<line number="66">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="67">
			<speaker>MR MBATHA</speaker>
			<text>IFP members wanted us to join IFP, and they wanted us to sign the IFP forms, and we were running away from them.  They were forcing us to do all those things and they wanted to harass the parents.</text>
		</line>
		<line number="68">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="69">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="70">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="71">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="72">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="73">
			<speaker>MR MBATHA</speaker>
			<text>My family house was not the only house that was occupied.  They occupied the whole area.</text>
		</line>
		<line number="74">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="75">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="76">
			<speaker>MR SHANE</speaker>
			<text>Now, it was during 1993 when Beki Khanyile was killed, in fact in December.  Is that correct?</text>
		</line>
		<line number="77">
			<speaker>MR MBATHA</speaker>
			<text>I cannot remember when.  I cannot remember the date.</text>
		</line>
		<line number="78">
			<speaker>MR SHANE</speaker>
			<text>Will you tell the Commission what happened on that day.  You were patrolling in the street ...(intervention)</text>
		</line>
		<line number="79">
			<speaker>CHAIRPERSON</speaker>
			<text>Before we carry on.  Mr Steenkamp, have we got a date?</text>
		</line>
		<line number="80">
			<speaker>ADV STEENKAMP</speaker>
			<text></text>
		</line>
		<line number="81">
			<speaker>MR SHANE</speaker>
			<text>Will you please tell the learned Commissioner and learned members what happened when you were patrolling in the street in Tokoza, in your own words.</text>
		</line>
		<line number="82">
			<speaker>MR MBATHA</speaker>
			<text>Do you want to know what was happening?</text>
		</line>
		<line number="83">
			<speaker>MR SHANE</speaker>
			<text>I want to know what happened vis a vis the murder of Beki Khanyile.</text>
		</line>
		<line number="84">
			<speaker>MR MBATHA</speaker>
			<text>We were patrolling the streets at Buthelezi Street.  When we came from the office Beki was already captured by the other members of SDU who knew what he was, what he was doing.</text>
		</line>
		<line number="85">
			<speaker>MR SHANE</speaker>
			<text>This office, are you referring to a house in Tokoza which was used by the Self-Defence Unit as an office?</text>
		</line>
		<line number="86">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="87">
			<speaker>MR SHANE</speaker>
			<text>And is it in this house where the Self-Defence Unit kept their AK-47 weapons?</text>
		</line>
		<line number="88">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="89">
			<speaker>MR SHANE</speaker>
			<text>You, after you were patrolling you say you arrived at this office, which you call an office, and the deceased was already there.  Is that correct?</text>
		</line>
		<line number="90">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat the question, sir.</text>
		</line>
		<line number="91">
			<speaker>MR SHANE</speaker>
			<text>After you were patrolling, you went to the SDU office, and at that office you found the deceased, Beki Khanyile.  Is that correct?</text>
		</line>
		<line number="92">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="93">
			<speaker>MR SHANE</speaker>
			<text>And he had been brought there by other members of the Self-Defence Unit?</text>
		</line>
		<line number="94">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="95">
			<speaker>MR SHANE</speaker>
			<text>Will you tell what happened after you saw him in this office.</text>
		</line>
		<line number="96">
			<speaker>MR MBATHA</speaker>
			<text>He was already there when we arrived.  The, as the Inkatha people were our enemies we knew that if we found one IFP member that person should be killed.</text>
		</line>
		<line number="97">
			<speaker>MR SHANE</speaker>
			<text>Yes.</text>
		</line>
		<line number="98">
			<speaker>CHAIRPERSON</speaker>
			<text>So what happened?</text>
		</line>
		<line number="99">
			<speaker>MR MBATHA</speaker>
			<text>We found Beki Khanyile there in the office.  He was going to be killed because he was an IFP member, the members, the organisation, the member of the organisation that was regarded as bad people.</text>
		</line>
		<line number="100">
			<speaker>MR SHANE</speaker>
			<text>Now he was being guarded by other SDU members.  Is that correct?</text>
		</line>
		<line number="101">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="102">
			<speaker>MR SHANE</speaker>
			<text>Who were those members who were guarding him?</text>
		</line>
		<line number="103">
			<speaker>MR MBATHA</speaker>
			<text>It was quite a large number of people.  All the SDU members were there because that was a place where they used to meet.</text>
		</line>
		<line number="104">
			<speaker>MR SHANE</speaker>
			<text>Right, and ...(intervention)</text>
		</line>
		<line number="105">
			<speaker>ADV GCABASHE</speaker>
			<text>Mr Mbatha, - sorry Mr Shane, give us an idea as to how many members were there, you found there.</text>
		</line>
		<line number="106">
			<speaker>MR MBATHA</speaker>
			<text>I cannot be able to estimate because it was quite a number, a large number of people.</text>
		</line>
		<line number="107">
			<speaker>ADV GCABASHE</speaker>
			<text>So if I just said 30, 50, is that the type of number you are thinking of?</text>
		</line>
		<line number="108">
			<speaker>MR MBATHA</speaker>
			<text>From 50 upwards.</text>
		</line>
		<line number="109">
			<speaker>ADV GCABASHE</speaker>
			<text>Who was your commander?</text>
		</line>
		<line number="110">
			<speaker>MR MBATHA</speaker>
			<text>Muchacho was the commander at that time.</text>
		</line>
		<line number="111">
			<speaker>ADV GCABASHE</speaker>
			<text>Was Muchacho there?</text>
		</line>
		<line number="112">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he was present.</text>
		</line>
		<line number="113">
			<speaker>ADV GCABASHE</speaker>
			<text>And the area we are talking about is Tambo Slovo, so Muchacho was commander of Tambo Slovo?</text>
		</line>
		<line number="114">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he was the commander of Tambo Slovo.</text>
		</line>
		<line number="115">
			<speaker>ADV GCABASHE</speaker>
			<text>Thank you.  Thank you Mr Shane.</text>
		</line>
		<line number="116">
			<speaker>MR SHANE</speaker>
			<text>Now, in that office you took an AK-47.  Is that correct?</text>
		</line>
		<line number="117">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="118">
			<speaker>MR SHANE</speaker>
			<text>What did you do with that AK-47?</text>
		</line>
		<line number="119">
			<speaker>MR MBATHA</speaker>
			<text>I shot him.</text>
		</line>
		<line number="120">
			<speaker>MR SHANE</speaker>
			<text>Can you remember where you shot him?  Where the bullet landed?</text>
		</line>
		<line number="121">
			<speaker>MR MBATHA</speaker>
			<text>No, I cannot remember, because it was dark.</text>
		</line>
		<line number="122">
			<speaker>CHAIRPERSON</speaker>
			<text>Where did you aim it?</text>
		</line>
		<line number="123">
			<speaker>MR MBATHA</speaker>
			<text>I aimed it at his body.</text>
		</line>
		<line number="124">
			<speaker>CHAIRPERSON</speaker>
			<text>Which part of his body?</text>
		</line>
		<line number="125">
			<speaker>MR MBATHA</speaker>
			<text>In front, in his front part of his, in the front part of his body.</text>
		</line>
		<line number="126">
			<speaker>CHAIRPERSON</speaker>
			<text>How do you know it was the deceased there at that house when you arrived?  Could you see?</text>
		</line>
		<line number="127">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat the question, sir.</text>
		</line>
		<line number="128">
			<speaker>CHAIRPERSON</speaker>
			<text>When you arrived there you say you saw the deceased.</text>
		</line>
		<line number="129">
			<speaker>MR MBATHA</speaker>
			<text>Yes, I saw him.</text>
		</line>
		<line number="130">
			<speaker>CHAIRPERSON</speaker>
			<text>Were you able to identify him?</text>
		</line>
		<line number="131">
			<speaker>MR MBATHA</speaker>
			<text>Yes, I could identify him.</text>
		</line>
		<line number="132">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="133">
			<speaker>MR MBATHA</speaker>
			<text>It was not dark because he was in the house and the light was on.</text>
		</line>
		<line number="134">
			<speaker>CHAIRPERSON</speaker>
			<text>Now, when you shot him, you say it was too dark to say where on his body he was injured.</text>
		</line>
		<line number="135">
			<speaker>MR MBATHA</speaker>
			<text>Yes.  We shot him outside the Nkatije School, it was in the veld.  Nkatije LP School.</text>
		</line>
		<line number="136">
			<speaker>CHAIRPERSON</speaker>
			<text>So he was transferred from that house to a school yard for the purposes of killing him?</text>
		</line>
		<line number="137">
			<speaker>MR MBATHA</speaker>
			<text>It was not in the school yard, just between the two schools.</text>
		</line>
		<line number="138">
			<speaker>CHAIRPERSON</speaker>
			<text>Where it was dark?</text>
		</line>
		<line number="139">
			<speaker>MR MBATHA</speaker>
			<text>Yes, it was dark there.</text>
		</line>
		<line number="140">
			<speaker>MR SHANE</speaker>
			<text>How many shots did you fire?</text>
		</line>
		<line number="141">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="142">
			<speaker>MR SHANE</speaker>
			<text>After you fired your shots, what did you do, with your weapon?</text>
		</line>
		<line number="143">
			<speaker>MR MBATHA</speaker>
			<text>I handed it over to Ernest Buthelezi, who was also a member of SDU.</text>
		</line>
		<line number="144">
			<speaker>MR SHANE</speaker>
			<text>Is Ernest Buthelezi also know as Mzwake?</text>
		</line>
		<line number="145">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is Mzwake.</text>
		</line>
		<line number="146">
			<speaker>MR SHANE</speaker>
			<text>What did Mzwake do?</text>
		</line>
		<line number="147">
			<speaker>MR MBATHA</speaker>
			<text>He took the firearm and he shot.</text>
		</line>
		<line number="148">
			<speaker>MR SHANE</speaker>
			<text>He shot the same person?  Beki?</text>
		</line>
		<line number="149">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="150">
			<speaker>MR SHANE</speaker>
			<text>And then what did he do after he shot Beki?</text>
		</line>
		<line number="151">
			<speaker>MR MBATHA</speaker>
			<text>He handed it over to Muchacho.</text>
		</line>
		<line number="152">
			<speaker>MR SHANE</speaker>
			<text>Yes, and what did Muchacho do?</text>
		</line>
		<line number="153">
			<speaker>MR MBATHA</speaker>
			<text>He also fired.</text>
		</line>
		<line number="154">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="155">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="156">
			<speaker>MR SHANE</speaker>
			<text>But you were the one who fired the most shots.  Is that correct?</text>
		</line>
		<line number="157">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="158">
			<speaker>MR SHANE</speaker>
			<text>Did you, or do you ...(intervention)</text>
		</line>
		<line number="159">
			<speaker>CHAIRPERSON</speaker>
			<text>What was the purpose of different people shooting the same person?</text>
		</line>
		<line number="160">
			<speaker>MR MBATHA</speaker>
			<text>The treatment that they gave to us, we just felt like we should just kill them, we had no alternative, it was the anger.</text>
		</line>
		<line number="161">
			<speaker>CHAIRPERSON</speaker>
			<text>No, I can accept that, or understand it, but the point is that you shot a number of shots into his chest.  Why did other people have to shoot him as well?</text>
		</line>
		<line number="162">
			<speaker>MR MBATHA</speaker>
			<text>It is because they were victims of harassment.</text>
		</line>
		<line number="163">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="164">
			<speaker>MR MBATHA</speaker>
			<text>Maybe they can respond to that question themselves.</text>
		</line>
		<line number="165">
			<speaker>CHAIRPERSON</speaker>
			<text>Why did you give the firearm to Mzwake?</text>
		</line>
		<line number="166">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="167">
			<speaker>MR SHANE</speaker>
			<text>Did you, after firing your shots, did you tell Mzwake or Muchacho that they should also shoot the deceased, or did you not say anything?</text>
		</line>
		<line number="168">
			<speaker>MR MBATHA</speaker>
			<text>I did not tell them to do it.</text>
		</line>
		<line number="169">
			<speaker>MR SHANE</speaker>
			<text>So is it correct that you had absolutely no control over their actions whatsoever?</text>
		</line>
		<line number="170">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="171">
			<speaker>MR SIBANYONI</speaker>
			<text>Excuse me Mr Shane.</text>
		</line>
		<line number="172">
			<speaker></speaker>
			<text>	Mr Mbatha, after you shot the deceased, did he die immediately, or was he still alive when Mzwake took the firearm?</text>
		</line>
		<line number="173">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="174">
			<speaker>MR SIBANYONI</speaker>
			<text>But after you shot at him, did he fall down immediately, or was he still standing?</text>
		</line>
		<line number="175">
			<speaker>MR MBATHA</speaker>
			<text>He fell.  He looked like someone who was trying to stand up.</text>
		</line>
		<line number="176">
			<speaker>MR SIBANYONI</speaker>
			<text>Thank you.</text>
		</line>
		<line number="177">
			<speaker>MR SHANE</speaker>
			<text>Sir do you think that you had any other alternative in doing what you were doing?  In other words, did you have a choice of not shooting the deceased?</text>
		</line>
		<line number="178">
			<speaker>MR MBATHA</speaker>
			<text>I did not have an alternative.  I was forced to do it.</text>
		</line>
		<line number="179">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="180">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="181">
			<speaker>MR SHANE</speaker>
			<text>Did you have any general orders from the commanders of the Self-Defence Units to kill IFP members and informers and drivers?</text>
		</line>
		<line number="182">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="183">
			<speaker>MR SHANE</speaker>
			<text>Was there a general order from your commanders in the Self-Defence Unit, that IFP members should be killed?</text>
		</line>
		<line number="184">
			<speaker>MR MBATHA</speaker>
			<text>After running away from that section were fighting, all of us, we were fighting the IFP.  No-one commanded anything.</text>
		</line>
		<line number="185">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="186">
			<speaker>MR MBATHA</speaker>
			<text>Are you talking about this incident, things that are connected to this incident?</text>
		</line>
		<line number="187">
			<speaker>MR SHANE</speaker>
			<text>That is correct.</text>
		</line>
		<line number="188">
			<speaker>MR MBATHA</speaker>
			<text>There is nothing else.</text>
		</line>
		<line number="189">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="190">
			<speaker>MR MBATHA</speaker>
			<text>What I did, I feel very bad about this incident, but I did not have an alternative.  I had no choice.  There was nothing else to do.  I feel sorry.</text>
		</line>
		<line number="191">
			<speaker>MR SHANE</speaker>
			<text>Now, if I might just mention this, we are coming to another situation where the party that you support, the African National Congress, is fighting and election and fighting against the IFP this year.  Can this happen - do you think this can happen again, for this election that is coming?</text>
		</line>
		<line number="192">
			<speaker>ADV GCABASHE</speaker>
			<text>Mr Shane, just so that I can understand the question ...(intervention)</text>
		</line>
		<line number="193">
			<speaker>MR MBATHA</speaker>
			<text>No, we are at peace now, that will never happen again.</text>
		</line>
		<line number="194">
			<speaker>MR SHANE</speaker>
			<text>That is evidence Mr Chairman.  Thank you.</text>
		</line>
		<line number="195">
			<speaker></speaker>
			<text>NO FURTHER QUESTIONS BY MR SHANE</text>
		</line>
		<line number="196">
			<speaker>CROSS-EXAMINATION BY ADV STEENKAMP</speaker>
			<text>Mr Chairman, if you would allow me one question to the applicant.  Mr Mbatha, maybe I have missed it, but can you tell us what happened to the body of Mr Khanyile?</text>
		</line>
		<line number="197">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat the question.</text>
		</line>
		<line number="198">
			<speaker>ADV STEENKAMP</speaker>
			<text>Do you know what happened to the body of the deceased after he was killed?</text>
		</line>
		<line number="199">
			<speaker>MR MBATHA</speaker>
			<text>We dispersed after the shooting.</text>
		</line>
		<line number="200">
			<speaker>ADV STEENKAMP</speaker>
			<text></text>
		</line>
		<line number="201">
			<speaker></speaker>
			<text>	I will read for you:</text>
		</line>
		<line number="202" isquote="true">
			<speaker></speaker>
			<text>&quot;...IFP driver shot with an AK-47 and burnt&quot;</text>
		</line>
		<line number="203">
			<speaker></speaker>
			<text></text>
		</line>
		<line number="204" isquote="true">
			<speaker></speaker>
			<text>&quot;...some decided to kill him.  He was burnt, as a lesson.&quot;</text>
		</line>
		<line number="205">
			<speaker></speaker>
			<text></text>
		</line>
		<line number="206">
			<speaker>MR MBATHA</speaker>
			<text>After the shooting we dispersed.  Maybe the other comrades who were there after the killing did that.  That is Ernest and Muchacho.  I did not go back to the scene.  I last saw him after the shooting.</text>
		</line>
		<line number="207">
			<speaker>CHAIRPERSON</speaker>
			<text>How do you know - let me put it this way, as is contained in your application, is it true that his body was burned?</text>
		</line>
		<line number="208">
			<speaker>MR MBATHA</speaker>
			<text>That is the information that I got later.</text>
		</line>
		<line number="209">
			<speaker>CHAIRPERSON</speaker>
			<text>So you heard that this had happened?</text>
		</line>
		<line number="210">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="211">
			<speaker>ADV STEENKAMP</speaker>
			<text></text>
		</line>
		<line number="212">
			<speaker></speaker>
			<text>NO FURTHER QUESTIONS BY ADV STEENKAMP</text>
		</line>
		<line number="213">
			<speaker>ADV GCABASHE</speaker>
			<text>Thank you Judge.  Mr Mbatha, just a bit of clarity on one or two points.  You joined the SDU in 1992.  Can you try and work out very roughly for us, just to estimate, whether this incident occurred in 1992, which is the year you joined, or the following year, in 1993.  Just can you attempt to do that?</text>
		</line>
		<line number="214">
			<speaker>MR MBATHA</speaker>
			<text>I need time to think about it.  I cannot remember.</text>
		</line>
		<line number="215">
			<speaker>ADV GCABASHE</speaker>
			<text></text>
		</line>
		<line number="216" isquote="true">
			<speaker></speaker>
			<text>&quot;...both attacked on the same day.&quot;</text>
		</line>
		<line number="217">
			<speaker></speaker>
			<text>Now, think about this.  December 1993.  1994 was the election year.  Would this have been an accurate recollection?  Just help us through that.</text>
		</line>
		<line number="218">
			<speaker>MR MBATHA</speaker>
			<text>Yes before the elections was in 1993.</text>
		</line>
		<line number="219">
			<speaker>ADV GCABASHE</speaker>
			<text></text>
		</line>
		<line number="220">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that could be accurate, if my memory serves me well.</text>
		</line>
		<line number="221">
			<speaker>ADV GCABASHE</speaker>
			<text>Now, your house in Tambo Slovo, the house that you were forced to move out of, where exactly was that house?  Just give us the nearest main street.</text>
		</line>
		<line number="222">
			<speaker>MR MBATHA</speaker>
			<text>It was in Khuamlo Street.</text>
		</line>
		<line number="223">
			<speaker>ADV GCABASHE</speaker>
			<text>Now would that have been very close to one of the hostels, on Khumalo Street?</text>
		</line>
		<line number="224">
			<speaker>MR MBATHA</speaker>
			<text>Yes, it was nearer to Mshayazafe Hostel.</text>
		</line>
		<line number="225">
			<speaker>ADV GCABASHE</speaker>
			<text>You say that your parents were forced to leave this house essentially because they feared for the whole family.  Yes?</text>
		</line>
		<line number="226">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="227">
			<speaker>ADV GCABASHE</speaker>
			<text></text>
		</line>
		<line number="228">
			<speaker>MR MBATHA</speaker>
			<text>Do you mean after they had run away?</text>
		</line>
		<line number="229">
			<speaker>ADV GCABASHE</speaker>
			<text>No, as one of the reasons that they moved from the house.</text>
		</line>
		<line number="230">
			<speaker>MR MBATHA</speaker>
			<text>No, they did not know.</text>
		</line>
		<line number="231">
			<speaker>ADV GCABASHE</speaker>
			<text>You talked about your, the office, the SDU office.  Where exactly was this, in Tambo Slovo?</text>
		</line>
		<line number="232">
			<speaker>MR MBATHA</speaker>
			<text>It was in Slovo.</text>
		</line>
		<line number="233">
			<speaker>ADV GCABASHE</speaker>
			<text>Now, I have a bit of a difficulty in following through the incident you relate, from the time you arrived at the office to the time that Beki was killed.  Am I right in assuming that the distance from the office to the veld, where he was killed, is quite a long distance?</text>
		</line>
		<line number="234">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="235">
			<speaker>ADV GCABASHE</speaker>
			<text>How did you get from the office to the veld.  Did you walk in a group, as part of a group?  Did a few of you get into a vehicle?  Just take us through that.</text>
		</line>
		<line number="236">
			<speaker>MR MBATHA</speaker>
			<text>We walked to the veld, because it was not far away.</text>
		</line>
		<line number="237">
			<speaker>ADV GCABASHE</speaker>
			<text>Did the entire group walk to the veld, or did very few, including yourself, Muchacho and Mzwake, walk to the veld?  Just take us through that.  How many people were there?</text>
		</line>
		<line number="238">
			<speaker>MR MBATHA</speaker>
			<text>The whole group of SDU members were there.</text>
		</line>
		<line number="239">
			<speaker>ADV GCABASHE</speaker>
			<text>The firearm that you used, did you personally take it at the office, or was it given to you when you got to the veld?  Help me with that.</text>
		</line>
		<line number="240">
			<speaker>MR MBATHA</speaker>
			<text>I took the firearm in the office.</text>
		</line>
		<line number="241">
			<speaker>ADV GCABASHE</speaker>
			<text></text>
		</line>
		<line number="242">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="243">
			<speaker>ADV GCABASHE</speaker>
			<text>Now, Muchacho</text>
		</line>
		<line number="244">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="245">
			<speaker>ADV GCABASHE</speaker>
			<text>So you are saying there was a short discussion at the office, and at the end of that short discussion you and Muchacho volunteered to do the killing.  Would that be correct?</text>
		</line>
		<line number="246">
			<speaker>MR MBATHA</speaker>
			<text>Yes, because we were the people who pulled the trigger.</text>
		</line>
		<line number="247">
			<speaker>ADV GCABASHE</speaker>
			<text>And it was the general consensus of the group, after that discussion, that Beki was going to be killed?</text>
		</line>
		<line number="248">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="249">
			<speaker>ADV GCABASHE</speaker>
			<text>Muchacho as your SDU leader in that particular section, did he essentially lead all of you in this discussion and then later on in the killing as well?  In terms of giving orders or giving guidance as to what has to be done.</text>
		</line>
		<line number="250">
			<speaker>MR MBATHA</speaker>
			<text>No, we left all of us, no-one discussed anything with anyone and he did not give orders.</text>
		</line>
		<line number="251">
			<speaker>ADV GCABASHE</speaker>
			<text>Alright.  A slightly different area.  Are there any other SDU activities that you were involved in at Tambo Slovo?  I think, for example, patrols.  Were you involved in that at all?</text>
		</line>
		<line number="252">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="253">
			<speaker>ADV GCABASHE</speaker>
			<text>Patrols that involved harassing and sometimes assaulting, even in the most minor way, the people who you were dealing with?</text>
		</line>
		<line number="254">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="255">
			<speaker>ADV GCABASHE</speaker>
			<text>Thank you Mr Mbatha, thank you Chair.</text>
		</line>
		<line number="256">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="257">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="258">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="259">
			<speaker>MR MBATHA</speaker>
			<text>I cannot remember who.  It was quite a large number of us.</text>
		</line>
		<line number="260">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="261">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he was present.</text>
		</line>
		<line number="262">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="263">
			<speaker>MR MBATHA</speaker>
			<text>The reason for me not to mention him, I know that he is in this case, he is around.</text>
		</line>
		<line number="264">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="265">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="266">
			<speaker>MR SIBANYONI</speaker>
			<text>For how long have you been patrolling together when this incident took place?</text>
		</line>
		<line number="267">
			<speaker>MR MBATHA</speaker>
			<text>Patrolling as SDU members, is that your question?</text>
		</line>
		<line number="268">
			<speaker>MR SIBANYONI</speaker>
			<text>Yes.</text>
		</line>
		<line number="269">
			<speaker>MR MBATHA</speaker>
			<text>I cannot remember.  It was quite a long time, I cannot remember because we used to patrol day and night.</text>
		</line>
		<line number="270">
			<speaker>MR SIBANYONI</speaker>
			<text>Was it about six months, or about a year?</text>
		</line>
		<line number="271">
			<speaker>MR MBATHA</speaker>
			<text>I think it was more than 12 months, or, it was more than 12 months.  I am not sure as to the period, but it was a long time, it was happening, had been happening for a very long time.  More than a year, approximately.</text>
		</line>
		<line number="272">
			<speaker>MR SIBANYONI</speaker>
			<text>Now lastly on this issue, if that was the case, you have been patrolling together for more than a year, and there were about 50 people at that house, obviously you will remember some of them.</text>
		</line>
		<line number="273">
			<speaker>MR MBATHA</speaker>
			<text>Do you want to know the date when we started patrolling, or on that particular day when, I do not understand your question?</text>
		</line>
		<line number="274">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="275">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="276">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="277">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="278">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="279">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="280">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="281">
			<speaker>MR MBATHA</speaker>
			<text>...(not translated)</text>
		</line>
		<line number="282">
			<speaker>CHAIRPERSON</speaker>
			<text>Now you tell us you were not in the house, you were outside. ...(indistinct)</text>
		</line>
		<line number="283">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="284">
			<speaker>CHAIRPERSON</speaker>
			<text>Now, can you not tell us then, as far as you can remember, who else of the members of that SDU was present at the house, either with you outside, or near the door, or inside under the light?</text>
		</line>
		<line number="285">
			<speaker>MR MBATHA</speaker>
			<text>I remember Gamsu, he is now late, and Thabo, and Manelo and some of them are now late.  Those are the people that I can remember.</text>
		</line>
		<line number="286">
			<speaker>CHAIRPERSON</speaker>
			<text>So you only remember mostly dead people.</text>
		</line>
		<line number="287">
			<speaker>MR MBATHA</speaker>
			<text>No, those are the only people that I can think of.</text>
		</line>
		<line number="288">
			<speaker>CHAIRPERSON</speaker>
			<text>Are you trying to withhold the names of colleagues?</text>
		</line>
		<line number="289">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="290">
			<speaker>CHAIRPERSON</speaker>
			<text>Do you have difficulty remembering those who are alive today who were there?</text>
		</line>
		<line number="291">
			<speaker>MR MBATHA</speaker>
			<text>No I cannot remember their names, those who are alive.</text>
		</line>
		<line number="292">
			<speaker>CHAIRPERSON</speaker>
			<text>Are you able to tell us who were your colleagues patrolling that time?  Not necessarily on that day, but during that period.</text>
		</line>
		<line number="293">
			<speaker>MR MBATHA</speaker>
			<text>I used to patrol with Muchacho, Mzwake, Manelo.  I cannot remember this other name.</text>
		</line>
		<line number="294">
			<speaker>MR SIBANYONI</speaker>
			<text>Right, how was Beki transported from the house to the veld?</text>
		</line>
		<line number="295">
			<speaker>MR MBATHA</speaker>
			<text>We walked with him.</text>
		</line>
		<line number="296">
			<speaker>MR SIBANYONI</speaker>
			<text>Was he walking on this own?</text>
		</line>
		<line number="297">
			<speaker>MR MBATHA</speaker>
			<text>We, he was walking by himself and the side, we were walking side by side with him and the others that I cannot remember their names.</text>
		</line>
		<line number="298">
			<speaker>MR SIBANYONI</speaker>
			<text>Was he fastened, was he dragged, or was he just walking on his own?</text>
		</line>
		<line number="299">
			<speaker>MR MBATHA</speaker>
			<text>No he was not tied, he was just walking.</text>
		</line>
		<line number="300">
			<speaker>MR SIBANYONI</speaker>
			<text>Now on the last aspect.  You say there was no order, nobody issued an order, that he must be killed.  Was there but a decision that IFP members should be attacked?</text>
		</line>
		<line number="301">
			<speaker>MR MBATHA</speaker>
			<text>That was obvious, that if we would come across the IFP members, those IFP members should be killed because they also had the same in mind.</text>
		</line>
		<line number="302">
			<speaker>MR SIBANYONI</speaker>
			<text>At what stage was that decision taken?</text>
		</line>
		<line number="303">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="304">
			<speaker>MR SIBANYONI</speaker>
			<text>Did you then hold a meeting and decided that you will attack and kill any IFP member known in that area?</text>
		</line>
		<line number="305">
			<speaker>MR MBATHA</speaker>
			<text>We took a decision that we are going to protect our community against harassment.</text>
		</line>
		<line number="306">
			<speaker>MR SIBANYONI</speaker>
			<text></text>
		</line>
		<line number="307">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="308">
			<speaker>MR SIBANYONI</speaker>
			<text>Thank you Mr Chairperson, no further questions.</text>
		</line>
		<line number="309">
			<speaker>CHAIRPERSON</speaker>
			<text>Did you ever go into that house, that day when the deceased was ...(intervention)</text>
		</line>
		<line number="310">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="311">
			<speaker>CHAIRPERSON</speaker>
			<text>Inside the house?  Not at the door, inside?</text>
		</line>
		<line number="312">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="313">
			<speaker>CHAIRPERSON</speaker>
			<text>Is that the furthest you went into that house that day?  Before you took him to the shooting.</text>
		</line>
		<line number="314">
			<speaker>MR MBATHA</speaker>
			<text>When I went inside it was when I went to fetch the firearm when we were about to kill him.</text>
		</line>
		<line number="315">
			<speaker>CHAIRPERSON</speaker>
			<text>So you did go in.  Not so?</text>
		</line>
		<line number="316">
			<speaker>MR MBATHA</speaker>
			<text>I went in as I wanted to fetch the firearm, and we took him with.</text>
		</line>
		<line number="317">
			<speaker>CHAIRPERSON</speaker>
			<text>So you agree you did enter deep into the house, and not just stood at the door?</text>
		</line>
		<line number="318">
			<speaker>MR MBATHA</speaker>
			<text>I did not spend time, I just got into the house and took the firearm.  Yes I got inside, and I took the firearm, and I left the house.</text>
		</line>
		<line number="319">
			<speaker>CHAIRPERSON</speaker>
			<text>Where was the firearm held?</text>
		</line>
		<line number="320">
			<speaker>MR MBATHA</speaker>
			<text>The firearm was in the dining room.</text>
		</line>
		<line number="321">
			<speaker>CHAIRPERSON</speaker>
			<text>Was it in the same room as where you saw the deceased from the front door?</text>
		</line>
		<line number="322">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="323">
			<speaker>CHAIRPERSON</speaker>
			<text>Was it just laying on the floor, or on a chair, or on a table, or was it being held in a cupboard, or a safe, or what is the position?</text>
		</line>
		<line number="324">
			<speaker>MR MBATHA</speaker>
			<text>It was on the floor.</text>
		</line>
		<line number="325">
			<speaker>CHAIRPERSON</speaker>
			<text>Now what rank in the SDU did you hold?</text>
		</line>
		<line number="326">
			<speaker>MR MBATHA</speaker>
			<text>I was just an ordinary SDU member without a rank.</text>
		</line>
		<line number="327">
			<speaker>CHAIRPERSON</speaker>
			<text>Were you not supposed to - or let me ask you this.  Did you just go fetch that firearm?</text>
		</line>
		<line number="328">
			<speaker>MR MBATHA</speaker>
			<text>I took the firearm at the same time as they were taking him out to the veld that was next to the Nkatije school.</text>
		</line>
		<line number="329">
			<speaker>CHAIRPERSON</speaker>
			<text>You went on your own to pick up that firearm?</text>
		</line>
		<line number="330">
			<speaker>MR MBATHA</speaker>
			<text>That was the firearm that was going to be used.</text>
		</line>
		<line number="331">
			<speaker>CHAIRPERSON</speaker>
			<text>Yes, but you did it on your own.</text>
		</line>
		<line number="332">
			<speaker>MR MBATHA</speaker>
			<text>Yes, I took the firearm because it was time to go and kill Beki.</text>
		</line>
		<line number="333">
			<speaker>CHAIRPERSON</speaker>
			<text>Who keeps control, or who kept control, over the firearms of that unit, or was everybody able to gain access to these firearms?</text>
		</line>
		<line number="334">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat your question sir.</text>
		</line>
		<line number="335">
			<speaker>CHAIRPERSON</speaker>
			<text>Who in the unit had the power of control over all the firearms which the unit used from time to time?</text>
		</line>
		<line number="336">
			<speaker>MR MBATHA</speaker>
			<text>Our commanders.</text>
		</line>
		<line number="337">
			<speaker>CHAIRPERSON</speaker>
			<text>How many commanders were there in that unit?</text>
		</line>
		<line number="338">
			<speaker>MR MBATHA</speaker>
			<text>Muchacho was the commander who was present at the time.</text>
		</line>
		<line number="339">
			<speaker>CHAIRPERSON</speaker>
			<text>Were you not supposed to obtain permission from him to fetch that firearm?</text>
		</line>
		<line number="340">
			<speaker>MR MBATHA</speaker>
			<text>I was not supposed to get permission from him, because I knew what Beki was all about and the other people knew also.  There was no reason for us to wait for a command because we knew him very well.</text>
		</line>
		<line number="341">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="342">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="343">
			<speaker>CHAIRPERSON</speaker>
			<text>Is your commander an applicant in this matter?</text>
		</line>
		<line number="344">
			<speaker>MR SHANE</speaker>
			<text>He is, Mr Chairman.</text>
		</line>
		<line number="345">
			<speaker>CHAIRPERSON</speaker>
			<text>Are you on speaking terms, or have you made attempts to visit, the family of the deceased, since his death?</text>
		</line>
		<line number="346">
			<speaker>MR MBATHA</speaker>
			<text>No.</text>
		</line>
		<line number="347">
			<speaker>CHAIRPERSON</speaker>
			<text>Why not?</text>
		</line>
		<line number="348">
			<speaker>MR MBATHA</speaker>
			<text>That did not occur to us, because Beki was an IFP member.</text>
		</line>
		<line number="349">
			<speaker>CHAIRPERSON</speaker>
			<text>Are you, is this senseless war between, or in that area, not over?</text>
		</line>
		<line number="350">
			<speaker>MR MBATHA</speaker>
			<text>It is over.</text>
		</line>
		<line number="351">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="352">
			<speaker>MR MBATHA</speaker>
			<text>That is why I came forward here to apply for amnesty and ask for forgiveness from Beki his family.</text>
		</line>
		<line number="353">
			<speaker>CHAIRPERSON</speaker>
			<text>Are you prepared to go to them afterwards, now to say how sorry you are and to see if they will forgive you?</text>
		</line>
		<line number="354">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="355">
			<speaker>CHAIRPERSON</speaker>
			<text>And to become friends?  In the circumstances.</text>
		</line>
		<line number="356">
			<speaker>MR MBATHA</speaker>
			<text>Yes.</text>
		</line>
		<line number="357">
			<speaker>CHAIRPERSON</speaker>
			<text>It seems that that, that fight at the time, was related to possibly the elections that occurred shortly thereafter.  Am I correct?  Maybe there were other reasons, but the elections was also ...(indistinct).</text>
		</line>
		<line number="358">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="359">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="360">
			<speaker>MR MBATHA</speaker>
			<text>I do not understand your question.  What do you mean when you are talking about elections?</text>
		</line>
		<line number="361">
			<speaker>CHAIRPERSON</speaker>
			<text>The 1994 elections, was four or five months, four months, after this killing.  And we have done a couple of these matters before.  In my view there was a relationship between that war and the elections.  Do you understand?</text>
		</line>
		<line number="362">
			<speaker>MR MBATHA</speaker>
			<text>Yes, I do understand, because IFP members were  calling us ANC members and they killed a comrade.</text>
		</line>
		<line number="363">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="364">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="365">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="366">
			<speaker>MR MBATHA</speaker>
			<text>Yes, there is no need for war.</text>
		</line>
		<line number="367">
			<speaker>CHAIRPERSON</speaker>
			<text>And would you oppose any fighting because of the elections?</text>
		</line>
		<line number="368">
			<speaker>MR MBATHA</speaker>
			<text>Will you please repeat your question, sir.</text>
		</line>
		<line number="369">
			<speaker>CHAIRPERSON</speaker>
			<text>Would you oppose any such attempt to cause damage to the people and to create a war, because of the elections?</text>
		</line>
		<line number="370">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="371">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="372">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="373">
			<speaker>CHAIRPERSON</speaker>
			<text>Yes, thank you.</text>
		</line>
		<line number="374">
			<speaker>RE-EXAMINATION BY MR SHANE</speaker>
			<text>Mr Chairman, arising from your questioning, if I might just put two short questions to the applicant.</text>
		</line>
		<line number="375">
			<speaker></speaker>
			<text>	Muchacho was your commander, correct?  He was in charge of you.</text>
		</line>
		<line number="376">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he was the commander of Tambo section.</text>
		</line>
		<line number="377">
			<speaker>MR SHANE</speaker>
			<text>And his orders you would have obeyed?</text>
		</line>
		<line number="378">
			<speaker>MR MBATHA</speaker>
			<text>Yes, if that was rightfully done.</text>
		</line>
		<line number="379">
			<speaker>MR SHANE</speaker>
			<text>Now when you went into the house or the office and you took the AK-47, Muchacho was present, is that correct?</text>
		</line>
		<line number="380">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he was present.</text>
		</line>
		<line number="381">
			<speaker>MR SHANE</speaker>
			<text>Did Muchacho do anything to stop you from taking that AK-47?</text>
		</line>
		<line number="382">
			<speaker>MR MBATHA</speaker>
			<text>No, he did not attempt to stop me, because he was also angry towards this person.</text>
		</line>
		<line number="383">
			<speaker>MR SHANE</speaker>
			<text>So in other words, the fact that he did not stop you taking that AK-47, would you regard that as being similar to his approval of your actions?</text>
		</line>
		<line number="384">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="385">
			<speaker>MR SHANE</speaker>
			<text>So you also, thus, were basically acting with his authority.</text>
		</line>
		<line number="386">
			<speaker>MR MBATHA</speaker>
			<text></text>
		</line>
		<line number="387">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="388">
			<speaker>MR MBATHA</speaker>
			<text>Yes, that is correct.</text>
		</line>
		<line number="389">
			<speaker>MR SHANE</speaker>
			<text>One last question.  Let us assume that you were not there at all that day.  Would Beki Khanyile still have died, do you think?</text>
		</line>
		<line number="390">
			<speaker>MR MBATHA</speaker>
			<text>Yes, he would still be killed, because I was not the only person that I knew everything about Beki.  I was not the only person that knew everything about Beki.</text>
		</line>
		<line number="391">
			<speaker>MR SHANE</speaker>
			<text>That is all thank you Mr Chairman.</text>
		</line>
		<line number="392">
			<speaker></speaker>
			<text>NO FURTHER QUESTIONS BY MR SHANE</text>
		</line>
		<line number="393">
			<speaker>CHAIRPERSON</speaker>
			<text>Thank you.</text>
		</line>
		<line number="394">
			<speaker></speaker>
			<text>WITNESS EXCUSED</text>
		</line>
		<line number="395">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="396">
			<speaker>INTERPRETER</speaker>
			<text></text>
		</line>
		<line number="397">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="398">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="399">
			<speaker>MR SHANE</speaker>
			<text>That is correct Mr Chairman, I am available for the rest of the week and I would, in the ...(intervention)</text>
		</line>
		<line number="400">
			<speaker>CHAIRPERSON</speaker>
			<text>I need to know whether the order in which you people are going to lead your evidence, has that been agreed to as being the most appropriate?</text>
		</line>
		<line number="401">
			<speaker>MR SHANE</speaker>
			<text>Sir I would submit that the most appropriate thing to do next is to call the person, Victor Mabaso, also known as Muchacho.</text>
		</line>
		<line number="402">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="403">
			<speaker>MR SHANE</speaker>
			<text></text>
		</line>
		<line number="404">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="405">
			<speaker>MR SHANE</speaker>
			<text>Absolutely, it will not be in any way prejudicial to any of the applicants sir.</text>
		</line>
		<line number="406">
			<speaker>CHAIRPERSON</speaker>
			<text>Is there a case that we can proceed with?</text>
		</line>
		<line number="407">
			<speaker>MR SHANE</speaker>
			<text>I understand from my colleagues, I see they are at the back, they are debating it sir.  If could we just find out from them?</text>
		</line>
		<line number="408">
			<speaker>CHAIRPERSON</speaker>
			<text></text>
		</line>
		<line number="409">
			<speaker></speaker>
			<text>COMMITTEE ADJOURNS</text>
		</line>
	</lines>
</hearing>