amntrans AMNESTY HEARINGS 2000-06-26 JOHANNESBURG 1 MANDLA MICHAEL YENDE AM5648/97 https://sabctrc.saha.org.za/hearing.php?id=54273&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200626jh.htm MR MBANDAZAYO Chairperson, the second applicant would be Mandla Michael Yende. He is Zulu speaking, Chairperson. MANDLA MICHAEL YENDE (sworn states) EXAMINATION BY MR MBANDAZAYO Thank you Chairperson and Honourable Members of the Committee. Mr Yende, is it correct that you were born on the 8th December 1960 in Alexander around Gauteng? MR YENDE That is correct. MR MBANDAZAYO Is it also correct that you were at school as far as Standard 7? MR YENDE That is correct. MR MBANDAZAYO Is it also correct that you joined PAC in 1986 through Azania? MR YENDE That is correct. MR MBANDAZAYO Is it also correct that in the same year you met the first applicant who recruited you to join APLA? MR YENDE That is correct. MR MBANDAZAYO Is it also correct that he trained you in how to handle firearms and explosives? MR YENDE That is correct. MR MBANDAZAYO And this training, is it correct that it took about two weeks? MR YENDE That is correct. MR MBANDAZAYO Now Mr Yende, you have heard the evidence of the first applicant. Do you confirm the evidence in as far as yourself that you were involved with him in the three operations and also you abide by his testimony in as far as it relates to you? MR YENDE I confirm everything that he said. MR MBANDAZAYO Thank you Mr Yende. Chairperson, that's the evidence of the second applicant. Chairperson, I would request, just an oversight on my part. In his application there was an error which we wanted to correct inasfar as dates, dates of the incidents said between January and February instead of between December 1986 like in the first applicant, Chairperson. Between December 1986 and 1987, Chairperson. CHAIRPERSON Yes I think it's not very material that amendment, Mr Mbandazayo, and we'll accordingly amend paragraph 9(a)(ii) as it appears on page 1 of the bundle by deleting the word January and substituting it with December 1986. MR MBANDAZAYO Yes Chairperson, thank you. JUDGE MOTATA I think further it's cured by the further particulars or statement contained on page 4 to 6? MR MBANDAZAYO Yes Chairperson, thank you. That's the evidence of the second applicant, Chairperson. No further evidence to be led. NO FURTHER QUESTIONS BY MR MBANDAZAYO CHAIRPERSON Thank you Mr Mbandazayo. Mr Mapoma, any questions that you'd like to put to Mr Yende? MR MAPOMA I have no questions Chairperson. NO FURTHER QUESTIONS BY MR MAPOMA CHAIRPERSON Judge Motata, any questions? JUDGE MOTATA I've got none, Chairperson. CHAIRPERSON Mr Sandi? ADV SANDI No questions thank you. CHAIRPERSON Mr Yende, thank you. That concludes your testimony, you may stand down. WITNESS EXCUSED CHAIRPERSON Mr Mbandazayo? MR MBANDAZAYO Chairperson, that's the evidence of the applicants, no further evidence will be led, thank you. CHAIRPERSON Thank you. Submissions? MR MBANDAZAYO IN ARGUMENT Chairperson, my submission now briefly is as follows. Just to throw some light, Chairperson, though I was not able to dig into it, I didn't have enough time to go to. The incident in which the applicants are applying for amnesty relates to 1986/1987 at the time if my memory and the papers, they were called Scorpion gangs at the time. It was the group which was called Scorpion gangs. In fact it was termed by the South African Defence and Police. It was an APLA, they called it Scorpion gangs. It was at the time in 1986 is when the Scorpion were new in the South African arena, in the politics, and they were using unique - because at that time it was AK-47 and for the first time the Scorpion came into picture and they were called Scorpion gangs. Chairperson, from what the first applicant has testified and second applicant it's clear that they were acting within the mandate of the PAC and APLA and they were carrying out instructions and as all of know that during the submissions of APLA and PAC, the South African Defence Force and the Police were regarded as pillars of apartheid and if you want to bring down the apartheid you have to fight the pillars of apartheid to bring them down and as such they were engaging in those pillars of apartheid. Therefore, Chairperson, it's my submission that the two applicants have met the requirements of the Act and they should be granted amnesty as applied for. Thank you Chairperson. CHAIRPERSON Thank you Mr Mbandazayo. I see Judge Motata's fingers advancing towards the button here. JUDGE MOTATA Just one thing Mr Mbandazayo. Seeing what they're applying for in terms of the three incidents, are they also applying for illegal possession of firearms? MR MBANDAZAYO Yes Chairperson, it's one which I also slipped up, I wanted to bring it to the Committee, it slipped my mind, Chairperson. It's also applying for the possession of those firearms and ammunition which they used in these attacks, Chairperson. Thank you. CHAIRPERSON Thank you Mr Mbandazayo. Mr Mbandazayo, we will hand down a written decision in this matter which decision will be done in the very near future. So accordingly the decision is reserved but will be written down in written form shortly. MR MBANDAZAYO Thank you Chairperson. CHAIRPERSON Thank you.