amntrans AMNESTY HEARING 2000-05-22 PINETOWN 1 PRINCE NKOSINATHI SHANGASE, IN ISIPINGO AM4676/97 ROBBERY AT GUN SHOP https://sabctrc.saha.org.za/hearing.php?id=54212&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200522pi.htm CHAIRPERSON ... we are commencing has been set down as the application of Prince Nkosinathi Shangase, Hlangbanani Msani and Phinda Kweyama. Things have however changed since the original set down and it has been agreed between the parties that we will proceed without the presence of - and we will not commence the hearing of Mr Msani, but that we have considered the matter and discussed it with the various parties concerned, that it appears from the papers before us that Shangase and Kweyama and Msani made applications for indemnity on the same day, that is the 22nd of August 1995. Surprisingly, from the papers before us it appears that a reply was sent to Mr Shangase, dated the 26th of July 1994. The reply to Mr Kweyama, which differs, was dated the 16th of November 1995 or the 30th of October 1995. It is clear from that reply that the applicant was told that his application was being kept over until the Act comes into operation, whereafter it will be submitted for possible consideration to the relevant Committee which will be appointed for this purpose (Committee on Amnesty). From this it would appear that the applicants who made application for indemnity out of time, were told that their applications would be submitted to the Amnesty Committee and had reasonable grounds for believing so. We are however also told that the applicants all in fact made applications for amnesty and that this included Mr Shangase, Mr Kweyama and Mr Mkhize. In these circumstances we considered it only right that we should permit them to hand in written applications, which they say they have already submitted to the Committee, and that we should proceed with the hearing. We do not at this stage make any finding as to whether they are entitled to have their applications considered as valid applications for amnesty. We expect to hear further evidence during the course of the hearing as to when the applications were sent, how they were drawn up, matters of that nature, and also whether there is any record of them having been sent at the local prison. So we will proceed with the hearing on the basis of the three applications we have before us, which I have referred to. I should perhaps have placed on record that I'm the Chairman of the Committee, my name is Andrew Wilson, and ask the various other participants to please place themselves on record so those who have to type out the record later can do so. JUDGE POTGIETER I am Denzil Potgieter, a Member of the Panel. ADV SANDI I am Nsikelelo Sandi, a Member of the Panel. MR PANDAY Thank you, Mr Chairman. My name is Mr Panday. May I just place on record that I am standing in for Adv Bedeson(?) who was originally briefed in this matter, and I represent the applicants pertaining to this matter. MS THABETHE Thank you, Mr Chair. My name is Thabile Thabethe, I'm the Evidence Leader for the TRC. May I also place it on record, Mr Chair, that the victims were notified in this matter and they indicated that they will not come to the hearing. Further, Mr Chair, I'm looking at the time and may I request the Honourable Chair that we have lunch later on if possible, not at 1 o'clock. CHAIRPERSON I don't think we have any problem, but I'm not responsible for the catering and I'm not sure what has been planned in that regard. I'd like to get my secretary's advice on that. MACHINE SWITCHED OFF ON RESUMPTION CHAIRPERSON That lunch at 2 o'clock will be fine, so perhaps we can continue now. MS THABETHE Thank you, Mr Chair. MR PANDAY Thank you, Mr Chairman. I think the applicant needs to be sworn in. JUDGE POTGIETER Is it Mr Shangase? Can you give your full names for the record. PRINCE NKOSINATHI SHANGASE (sworn states) JUDGE POTGIETER Thank you, you may be seated. Mr Panday? EXAMINATION BY MR PANDAY Thank you, Mr Chairman. Mr Shangase, is it correct that you appear before this Committee, applying for amnesty in respect of the incident that took place on the 22nd of April 1993? MR SHANGASE Yes, that's true. MR PANDAY And that incident related to a robbery that was committed at a gun shop in Isipingo. MR SHANGASE Yes. MR PANDAY Is it also correct that for that particular incident you were convicted and received a sentence of six years in the Durban Regional Court? MR SHANGASE Yes, that's correct. MR PANDAY Now Mr Shangase, at the time did you belong to any political organisation? MR SHANGASE Yes, I was a member of the African National Congress. MR PANDAY And were you a member of any other political organisation, prior to that or after that? MR SHANGASE Yes, before that I was the member of the United Democratic Front in my township kwaMakutha, from 1985. MR PANDAY 1985. MR SHANGASE Yes. MR PANDAY Right, carry on. When did you become a member of the ANC? MR SHANGASE Then when the ANC was unbanned, we then were able to have a full membership card and being a card-carrying member, but before it was unbanned we were just the followers, but falling under the organisation. MR PANDAY Right. Now in the ANC itself, what sort of role did you play? Firstly, were you a supporter or an office bearer or a member? MR SHANGASE Firstly I became - I was involved with cultural activities, being the one that was responsible for the culture in the township, meaning that in the township we had the ANC Youth which needed to participate in cultural activities like, for an example, poetry, like having cultural groups which was signing. Whenever there are functions of the organisation they have to participate. So I was in charge of them. MR PANDAY Right. Now you mention that you were in charge of cultural organisations or organising, now in the ANC itself when you received your membership number, were you just a member or you held a particular office besides being a member? MR SHANGASE I was a card-carrying member and having a membership number and I also was an organiser as well. MR PANDAY Okay. Now whilst in the ANC, did you hold any other positions or attend to any other sort of activities in the ANC? MR SHANGASE Yes, I was also a Self-Defence Unit member. MR PANDAY And when did you become a Self-Defence Unit member in the ANC? MR SHANGASE I became a Self-Defence Unit member when I came back from exile. MR PANDAY Okay. And when did you go into exile? MR SHANGASE I went in exile in 1991, where I was in Zambia and Tanzania. MR PANDAY And what was your purpose of going into exile? MR SHANGASE The purpose of going into exile, besides the tense situation, violence, on-going political violence that was in my township, it was also to further my political knowledge and to gain military training, but under MK camps, because that was my organisation's military wing. MR PANDAY Now when you were in Zambia and Tanzania, do you recall who trained you? MR SHANGASE Yes, it was Commander Gorbachev who was in charge of the camp and Commissar Sherwood. MR PANDAY And do you know which camps they were in, Tanzania or Zambia? MR SHANGASE Yes, it was in Charleston. That camp was in Charleston which I got the training there. MR PANDAY Right. And when did you return? MR SHANGASE I returned late '91, because I left the country earlier but even though I can't recall the month, but I came back through repatriation process. MR PANDAY And when you returned to the country, did you go back to your area? MR SHANGASE Firstly we were kept in Hillbrow at Safari Hotel, which is in Johannesburg, and then from there I came back. I stayed in hiding because I needed to get the whole situation about what is going on inside the township. Then by that time I was at Umlazi, then from there after two weeks I went back home to the township. MR PANDAY Now when you talk about the township, are you referring to kwaMakutha? MR SHANGASE Yes, kwaMakutha. MR PANDAY Now just before we go on, you mentioned when you returned you came to back into hiding, was there any - do you recall the place that you went into hiding? MR SHANGASE It was at Umlazi township, V-Section. MR PANDAY Now after returning to kwaMakutha, did you have to report to any person that was senior to you in rank? MR SHANGASE Ja, I reported to the Chairperson of my branch, which was Comrade Sandile Sithole. MR PANDAY And is Comrade Sandile Sithole still alive today? MR SHANGASE Comrade Sandile Sithole is still alive. MR PANDAY And do you have any idea where he can be located? MR SHANGASE Presently I'm not sure whether he is still where he told me is, because he's busy studying at the moment. He's at Mpumalanga, but I'm not sure of the exact place where he is in Mpumalanga. MR PANDAY Now after having met Comrade Sithole, what became of your position in kwaMakutha thereafter? MR SHANGASE Basically after I reported to him I had to go underground fulfilling the Self-Defence Unit missions which were fully underground missions. MR PANDAY And did you report to Comrade Sithole or there was somebody else in charge or your Self-Defence Unit? MR SHANGASE Yes, my Unit Commander which was Sipho Mgadi, he was in charge of the Self-Defence Unit, so when it came to underground activities he was the one that I was going to report to, because Mr Sithole was just a civilian even though he was just the Chairperson of the branch ...(intervention) CHAIRPERSON Could you give us that name again. MR SHANGASE Sorry Sir? CHAIRPERSON Can you tell us that name again? MR SHANGASE Unit Commander, it was Sipho Mgadi. MR PANDAY Once you ...(indistinct) to Commander Sipho Mgadi, thereafter you took all instructions and orders from him, would that be correct? MR SHANGASE Yes, it all came from him. MR PANDAY Right. Now when you returned to kwaMakutha and after having been placed into contact with Sipho Mgadi, were you briefed as to the situation in kwaMakutha? MR SHANGASE Definitely they did because they needed to equip me with what was the environment at that time and so I needed to know what was going on, according to the way we used to continue as underground people. MR PANDAY Now could you explain to the Commission as to what was the situation in kwaMakutha at the time. MR SHANGASE The situation was very, very unbearable because the political violence by that time was also more tense, we were facing our foes, which were the IFP, the KwaZulu Police Force, the KwaZulu Police killing squad as well as the third force. MR PANDAY And was the - you mentioned you were facing your foes regularly, now what sort of attacks, or were there physical attacks being made against the people of kwaMakutha? MR SHANGASE Yes, of course there was because people were brutally murdered just because for being the members of the ANC. Okay, we then also were faced with the situation where people's houses were burned down, they never had shelters, our mothers and fathers were the victims of the violence, so we had to sacrifice as the members of the ANC. As well as they were also the ANC community based members, so we had to have some alternatives to face such harsh and brutal circumstances. MR PANDAY And what other sorts of attacks did you experience besides the murders and the burning of the houses? MR SHANGASE People were attacked and stabbed, children were killed and parents whilst they were at the bus stations, for an example, going to work. You send a child to a shop, a child was also being stabbed. Even though he or she was 10 years old, he would suffer the consequences because he is known to the enemies that no, this child belongs to an area where the ANC is dominant. MR PANDAY Now the kwaMakutha area, is it predominantly an ANC stronghold, or was it a split stronghold? MR SHANGASE That is an ANC stronghold township, but we do have some areas, a few, there were very, very few areas that were being occupied by an IFP. MR PANDAY And now the area that you lived in or the area that you were designated to protect, what was that area in kwaMakutha called? MR SHANGASE It was mostly - 60% was ANC and then 40% was IFP, but the arrival of the KwaZulu Police Force made the percentage to be more high because they were assisting the IFP. MR PANDAY And did the area in kwaMakutha where - does that have a specific name to be called? Whether there's a section that it's divided into, or was it just called kwaMakutha? MR SHANGASE Can you please come again, Sir. MR PANDAY The township that you lived in, the kwaMakutha township, that township you mentioned was divided between ANC and IFP. MR SHANGASE Yes. MR PANDAY Now the township that was divided, did that have a specific section, was it called by a specific section? MR SHANGASE Yes, there were specific sections where the ANC was and there were specific sections where we knew that this place IFP belongs there and it is dominated by them. MR PANDAY And did those sections have any formal designation? MR SHANGASE Yes, because they were separated by numbers, like there is Section 11 and you know that 11-Section it's an IFP stronghold, 10, like for example, Section 1 and 16 and 23, those areas were also ANC dominated areas. MR PANDAY Now after having experienced all these problems that were going on in the ANC sections, were there any meetings being held to discuss these problems? MR SHANGASE Yes, definitely there were meetings which were held by us as a unit, besides the ones which were held by the community, but we as a Defence Unit saw the matter and felt the need of sitting down and discussing the matter and come with some other alternatives that we can - options we can have in order to face the situation, because our defenceless people were being brutally murdered without any ...(indistinct) crime. MR PANDAY Now you mention that ...(indistinct) defenceless, the attacks that were being launched against you, was it physical attacks as in person on person or were there weapons being used? MR SHANGASE They were attacking us with firearms, live rounds and all that and then sometimes they used to attack us in the night vigils, in meetings, but also it was also individually based because if you walk alone they can kill you. MR PANDAY Now you mention that meetings were held to discuss the situation, now in relation to the incident that you have been sentenced for, or that you had served a sentence for, was there any specific meeting held to ...(intervention) MR SHANGASE Yes, we had a - there was a specific meeting that was held which was early in April, so that is where it all came out that we came up with the decision that no, the only alternative that we've got was to go and rob the gun shop in order to have the firearms and to face the enemy. Because we were unarmed and like, for an example, if I could say it, it was very, very difficult because you find somebody who is a civilian but only because he was an IFP member, the KwaZulu Police Force never doubted to give them R1s which were the government property and which was belonging to the Police Force, not to the civilians. So that was very, very unbearable. MR PANDAY Now you mentioned that a meeting was taken and you all decided to rob the gun shop in Isipingo. MR SHANGASE Yes. MR PANDAY Now could you go into detail as to, from the time this meeting took place, what were the events that transpired up until the robbing of the gun shop. Do you understand my question? MR SHANGASE Starting from the day we had a meeting? MR PANDAY From the day you all sat in the meeting and decided that you need to protect ... MR SHANGASE On the day of the meeting our Unit Commander, Sipho Mgadi, he gathered us as a unit and then he told us as the Commander, because he was the one who was supposed to give us orders and detail us, that are we aware what is going on inside the township and we do know that we are the Self-Defence Unit in the township and then he asked us all what thing we can do in order to get the firearms and face the situation. We then therefore tried to look up on some other kinds of means, but gun shop was the only option that we had. And then from there he then decided, because he was the one in charge, to detail each and every one of us to have some certain posts that we were to hold that day. Like for instance, I was detailed to go for reconnaissance before we go and rob the gun shop, and that reconnaissance took about two weeks and then from there he then said to us this and that mission was going only to need five people. So then he then detailed each and every one of us, like for an example, besides that thing of being in charge of the reconnaissance I was also detailed that on the day of the robbery I was going to be on a covering group, which is like being a lookout and then Mr Kweyama was detailed as the driver and then Mr Mkhize was then detailed with the other two that I've also mentioned before, to go inside the gun shop and get the guns. But the Unit Commander wasn't there on the day of the mission. MR PANDAY Now at your meeting when you decided your alternatives into acquiring weapons, how did it come about that the Isipingo gun shop became the chosen place of obtaining weapons? Who suggested it? MR SHANGASE The Unit Commander, as he was in charge of the unit he was the one who was going around looking around and then he knew that there was a gun shop somewhere at Isipingo, because for example, he couldn't go to a very far place because we needed to get them in a very close place to our township for other also security reasons. So that's how it came about that Isipingo gun shop was targeted to be the place to get the weapons, and it is very, very close to our township. MR PANDAY And at this meeting that took place, can you recall how many persons were present at this meeting? MR SHANGASE Seven. MR PANDAY Seven including the four of you or excluding? MR SHANGASE Including the four of us. MR PANDAY Approximately seven. And once you were detailed with your duties you'd travel there by vehicle I assume. MR SHANGASE Yes. MR PANDAY And did you obtain the vehicle? MR SHANGASE We obtained the vehicle because one of our unit members who is not here, Mr Hlangbanani Msani, he was the one who was detailed to go and see to it that we do get a transport to go and get the firearms at the gun shop. He also wasn't there on the day of the robbery, he only was detailed to get a car. MR PANDAY And do you know how he was able to obtain this motor vehicle? MR SHANGASE Ja, the car was highjacked at Isipingo. MR PANDAY And what vehicle was it? MR SHANGASE It was a Ford Sierra. MR PANDAY And after having the motor vehicle highjacked, was it handed personally to you or to a person in your group? MR SHANGASE He was detailed by the Unit Commander, so he then took it back to the Unit Commander because the Unit Commander knew where the car was to be kept, because it was between him and the Unit Commander. MR PANDAY Okay. And how were you able to get possession of this motor vehicle? MR SHANGASE On the day of the mission on our GP, on our gathering point, the driver which is Mr Kweyama, came up with the car because the Unit Commander was the one who also told him where the car was kept on the day of the mission. MR PANDAY Now on the day in question when you landed at the Isipingo gun shop, can you explain what took place on that particular day, insofar as the robbery is concerned. MR SHANGASE At the gun shop. Okay, we came around about half past seven in the morning, because I was doing the reconnaissance I observed that the gun shop was always open round about twenty to eight in the morning, so then we needed to be ten or five minutes earlier. So when the gun shop employee came there we were already there. He opened up the gun shop. We then started to approach the gun shop, but Mr Kweyama was left in the car. MR PANDAY For what reason was he left behind in the car? MR SHANGASE Because we needed to make it a point that if ever something happens and we need to have a getaway, so we had to have somebody in the car. And then from there I was outside the gun shop because next to the gun shop there was a motor spares and there was a surgery and a tea-room if I may recall well. And then whilst I went that other side of the gun shop, the other three got inside the gun shop. I was carrying a pistol and the other three were carrying the pistols and the one handgrenade, F1. MR PANDAY When you say the other three were carrying the pistols and the handgrenade, can you specifically say the three you refer to is the three that went inside, or Kweyama and two others? Can you specifically relate as to which three you're talking about? MR SHANGASE It was me, Mr Mkhize and Mbongeni was having a pistol, but Mr Linda was having an F1 grenade. MR PANDAY Now in the gun shop, Mkhize went in, Mbongeni went in and Linda. MR SHANGASE Yes. MR PANDAY And do you know what transpired whilst they were in the gun shop? MR SHANGASE Meaning actually do I know what happened inside? MR PANDAY Ja. MR SHANGASE They went inside, they pointed the employee there with a pistol and the F1 handgrenade. Surely and definitely they never assaulted him. And then whilst they were pointing him with guns they ordered him to give them the key and open up the safe there where the guns were kept and then after, Mr Mkhize was the one who loaded the guns in the bag. MR PANDAY Now do you know how many weapons were taken from this gun shop? MR SHANGASE Yes, it was eleven pistols and five magazines, because those were the ones which were available there. MR PANDAY Now after the robbery was completed, what did you all do? MR SHANGASE We got into the getaway car, we went back to the township, but on our way to the township we met up with a roadblock, but we did manage to escape the roadblock. Then when we arrived in the township we went to the place where we were supposed to go ...(intervention) MR PANDAY Well what was that? You need to be specific when you say you went to the place. MR SHANGASE In kwaMakutha. MR PANDAY Ja, do you know the place in kwaMakutha? What was it called? MR SHANGASE I mean it was the section at Section 6. That's where we went to. And then when we arrived there we opened up the bag, the five of us, and then we counted the guns and the magazines that we got and then it was eleven and five ...(intervention) MR PANDAY And what did you do with the guns and the magazines, after having counted them? MR SHANGASE They were given to one of the unit members who was in charge of the delta base where the arms were kept - were to be kept. MR PANDAY And what was the unit member's name? MR SHANGASE It was Mfanafigele Mkhize, the brother to Moses. MR PANDAY Now I want you to explain properly. You originally went there to rob the place because you were in need of firearms, but now in your evidence you state that you were also armed. MR SHANGASE Yes. MR PANDAY Now that creates a bit of confusion when you say you were defenceless, but yet you went there with arms. Can you explain how these arms came about? MR SHANGASE Ja concerning that matter, it is true that we were armed when we go there - when we went there, so but the thing is that the Unit Commander was the one who organised those pistols that we had on the day of the robbery, but he borrowed them from somebody whom I'm not aware of his name or who he is, but he wasn't inside the township, the way he stated to us. So because he needed to borrow them in order for us to have a successful mission and then he had to take them back to where he got them. But no-one knew by that time where he really did get the guns. MR PANDAY Now after having left the arms that you had stolen with the brother of Moses, what did you do thereafter? MR SHANGASE We went back to our homes. MR PANDAY And the weapons, how did it reach the Unit Commander that needed it to be returned? MR SHANGASE Like for instance - sorry, please come again, how did he ...? MR PANDAY You see you mentioned the Unit Commander borrowed weapons for you all to complete your mission successfully, now after having completed your mission successfully, the weapons that you borrowed, did you all meet him subsequently or after that to return the weapons? MR SHANGASE Ja, we gave those pistols to the one who was in charge of the delta base, that is where those arms were to be kept, the one who was in charge of the delta base, and then it was between him and the Commander, how the Commander was going to take back those pistols and where was he going to take them to. And then we then had to leave it all to him, but because it was the Commander who knew where he got them. MR PANDAY Now of the weapons that you all had stolen, the ones that you took from the gun shop, did you all keep any for yourselves or was everything handed to the person in charge? MR SHANGASE Ja, like there were three, the one was kept by me, the other one which was a Luger M80 and the other one was a Star pistol which was kept by Mr Kweyama and the third one was kept by Mr Mkhize. MR PANDAY So you kept the Luger M80, the Star pistol was kept by Mr Kweyama and the third weapon was kept by ...? MR SHANGASE Yes, M80 Luger. MR PANDAY Now all these three weapons that you left you all kept behind, was that taken from the robbery? MR SHANGASE Yes. MR PANDAY Now any particular reason why you did not hand that in as part of the weapons that needed to be stored? MR SHANGASE Yes, there was a reason, but they were not given to us on the same day of the robbery, but it came after three days that the Commander had to give them to us with the aim of rubbing out the serial numbers of the pistols. MR PANDAY And to you recall if all the serial numbers were erased? MR SHANGASE I don't recall any. MR PANDAY Now could you specifically state what was the sole purpose in having robbed this gun shop? What did you hope to achieve when you robbed this gun shop? MR SHANGASE Actually the real motive that drove us to rob these guns was the one that I stated before, the political situation that we were faced with in the township and secondly, we never had anything to face the enemy which was armed to ...(indistinct) by the Police Force. And then fourthly, we did achieve something because we managed to get the firearms in order to defend the community and we also had to train some more SDU members in order to be military equipped and in order to have military knowledge, so as to be able to face the enemy. MR PANDAY Now do you know if all these weapons were recovered when you were all arrested. MR SHANGASE Ja, only three were recovered. Ja, if I'm not mistaken it's only three which were recovered, and the other one they got wasn't from the gun shop. MR PANDAY And do you know what has become of the other weapons, or what became of the other weapons that were not recovered? MR SHANGASE The ones that were not recovered? MR PANDAY Ja. MR SHANGASE I actually don't know what happened by that time because I was arrested, so it was the one who was in charge of the DLB and the Commander who knew what happened with those arms by then. MR PANDAY Okay. And you mentioned Linda and Mbongeni, any particular reason why they were not included in your application when you made it? MR SHANGASE The reason why they were not included in the application, it firstly never came up to our minds that okay, they should be included, because we only had the conviction that as they were not caught they were not part of the thing and we also had the conviction that as they investigating officer was the police and he was the one who was in charge of everything, he knew that there were other people who were left who were involved. So whenever I thought of including them, because specifically it was us who were the victims of everything, we were behind the bars, so we needed to get indemnity. MR PANDAY Okay. Tell me, in terms of your benefit from this robbery, did you in any way benefit financially? MR SHANGASE I never benefited financially but I benefited politically because it was the political motive that drove me to go to the gun shop. MR PANDAY Thank you, Mr Chairman. That's the evidence of the applicant. If Mr Chairman would like me to direct to anything specifically. NO FURTHER QUESTIONS BY MR PANDAY MS THABETHE I have no questions, Mr Chair. NO QUESTIONS BY MS THABETHE CHAIRPERSON There was one matter that hasn't been explained, is when you were charged ...(intervention) INTERPRETER The speaker's mike is not on. CHAIRPERSON The one matter that hasn't been dealt with is when you were charged there were a number of items that you were charged with stealing, weren't there? MR SHANGASE Yes, there were those things that were mentioned that we took from the gun shop, but of which I didn't know anything about them. CHAIRPERSON And one of the items was R2 324,00. MR SHANGASE That wasn't true. I never know that. Because the reason why I'm saying it was not proved was that when we arrived there we opened up the bag, we checked what we had and mostly we needed nothing like money, we only needed firearms and then there wasn't any reason of hiding that matter because we pleaded guilty in court and we needed to tell the truth and as I was doing the application we also needed to put the truth forward, because at the end of the day it was going to be ...(indistinct). CHAIRPERSON Because we have a statement, and I don't know if he's going to be called to give evidence, by a Mr Naidoo, saying that the money was cash that was stolen next to the service counter. MR SHANGASE That thing is something that I really won't agree with and as I don't agree with, that is also the reason why I also won't agree with the other items which were mentioned in court, because who might know, the man was trying to cover up for other some things like insurances and all that. That I don't know, he is the one who knows or his employee and what I'm talking about is the one that I know. CHAIRPERSON The other things were things like holsters, bottles of gun oil, gun bags and things of that nature and bullet heads. MR SHANGASE I don't know anything about it. JUDGE POTGIETER Thank you. Mr Shangase, you were sentenced with some of the people who are now applying with you for amnesty today, will that be right? MR SHANGASE Yes, I was with them. JUDGE POTGIETER Were you serving your sentence together? MR SHANGASE Yes, we were. JUDGE POTGIETER Where did you serve the sentences? MR SHANGASE At Durban, Westville. JUDGE POTGIETER Now have you got any knowledge about attempts by your former co-accused, your present amnesty applicants to apply for indemnity or for amnesty from the Truth Commission? MR SHANGASE Yes, I know the attempts of them. We all applied for it because we were staying together in one cell and we submitted them together the very same day. CHAIRPERSON Well was that for indemnity first? MR SHANGASE Yes, we applied as the one that I applied for. CHAIRPERSON And then did you apply for amnesty? MR SHANGASE Yes, we did. CHAIRPERSON And did the others also do so? MR SHANGASE Yes. JUDGE POTGIETER Did you receive any correspondence from the TRC, from the Truth Commission, not from the indemnity office but from the TRC, in connection with your amnesty application? MR SHANGASE After I've forwarded the last application for indemnity which - sorry, can you come again, which documents like? JUDGE POTGIETER I'm just talking about your amnesty application to the TRC. Did you receive any correspondence from the TRC in connection with your amnesty application? MR SHANGASE No, I can't recall that thing. JUDGE POTGIETER You can't recall. MR SHANGASE What I remember was that I filled that application form and then after that I was called to come to the TRC later on as I ... I can't really recall whether or not. JUDGE POTGIETER And any of your co-applicants, to your knowledge, do you know whether they received any correspondence from the TRC? MR SHANGASE No, I'm not aware of that. JUDGE POTGIETER You're not aware of that. MR SHANGASE No. JUDGE POTGIETER Thank you, Mr Shangase. ADV SANDI Thank you, Chair, I don't have a question to ask. Thank you. CHAIRPERSON Sorry, I wanted to get a bit more about this. You were in the cell together, did you get these forms and fill them in together? MR SHANGASE Yes, Sir, as we were together we filled them together, but individually. CHAIRPERSON You filled in your own form, yes, then you all did it. You could see the others were doing it, and did you all then hand them in to be sent to the TRC? MR SHANGASE Yes, we handed them in, but we gave them to the prison warders. CHAIRPERSON The prison. MR SHANGASE Yes. CHAIRPERSON Because do you remember, after you sent your first form in you got a reply - could you show him page 47. Do you see that letter? MR SHANGASE Yes, I see. CHAIRPERSON Was that for an earlier form you'd sent in? Because I see that letter is dated July 1994. MR SHANGASE Yes. CHAIRPERSON So had you sent in more than one application for indemnity? MR SHANGASE Ja, I can see here, but this was in 1994, but the reason why I've said that I can't recall is because it's the reason that there were many, many like applications which I forwarded concerning the indemnity, so I really can't recall easily whether it was this one or that one was for that. CHAIRPERSON No, that's just what I wanted to clear up. There were more than one. MR SHANGASE Yes. So that is the reason why I'm getting confused of it, because I can't specifically be sure that was sent for that on that date. CHAIRPERSON But you are sure are you that your co-applicants, Mkhize and Kweyama also sent in application forms for amnesty. MR SHANGASE I am cocksure. CHAIRPERSON The last one. MR SHANGASE Yes. CHAIRPERSON Thank you. RE-EXAMINATION BY MR PANDAY Mr Chairman, if I could just direct two questions to the applicant. Mr Shangase, if you turn to page 3 of your bundle, just for the purpose of confirmation, the form that appears on page 3 to page 5, that is the form you filled out. MR SHANGASE Yes. MR PANDAY Do you recall if your co-accused filled out forms that ...(intervention) MR SHANGASE We all had the very same forms. MR PANDAY And you all filled out the very same forms. MR SHANGASE Yes. MR PANDAY And when you were asked earlier on, are you aware of any correspondences that were received, would one be correct in assuming that all of these applications were done whilst you were in prison? MR SHANGASE Yes. MR PANDAY And had you all received any correspondence, one of you would have known. MR SHANGASE Yes, we would. MR PANDAY And you mention that you all shared the same cell. MR SHANGASE Yes, we all shared the same cell. MR PANDAY So had there been any correspondence, you would have known ...(indistinct) MR SHANGASE Yes. MR PANDAY Thank you. Thank you, Mr Chairman. NO FURTHER QUESTIONS BY MR PANDAY CHAIRPERSON Thank you. WITNESS EXCUSED MR PANDAY Mr Chairman, that is the evidence of Mr Shangase. CHAIRPERSON Who are you calling now? MR PANDAY Mr Chairman, I'm going to call Mr Kweyama, that's Phinda Kweyama.