hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1997-05-12 KING WILLIAM'S TOWN 1 FEZILE NDONGENI https://sabctrc.saha.org.za/hearing.php?id=55503&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/kwtown/ndongeni.htm CHAIRPERSON We will now ask the attorney, Mr Mlalane together with Fezile Ndongeni to come forward. Mr Mlalane, you are representing Fezile Ndongeni on the matter? MR MLALANE I do. CHAIRPERSON Thank you. Do you want to address us? Are you going to lead the witness? Are you going to read the statement into the record? MR MLALANE I am just going to make a short resume of what happened and then he is going to do the talking himself. He can talk, he is old enough. First of all ... CHAIRPERSON Thank you. Go ahead Mr Mlalane. MR MLALANE Thanks. First of all, this matter is a matter of inquest at Alice and judgement has been reserved and the real problem is finding witnesses and this happened at night. Apparently there were two groups of the African National Congress and the two groups were not in agreement and there is no evidence yet that my client was the leader of the other group, but is suspicious that he was probably taking a leading part and my client, as he says, was he friend of Mr Papu. Mr Papu was actually brought by him to that area. There was no animosity, but in the middle of the night there was this fight. My client ... CHAIRPERSON Can I just clarify something, Mr Mlalane. You say this matter is already before the court. MR MLALANE It is already before the court and judgement ... CHAIRPERSON And you are awaiting judgement? MR MLALANE We are awaiting judgement and I am appearing in the case. CHAIRPERSON Do you want to insist on addressing us on this matter or are you feeling that, perhaps, you are obliged to do so because we sent you a notice? I am just afraid ... MR MLALANE I feel I am obliged to, otherwise, because this court does not know anything of sub-judaica. Otherwise I would have raised that this is sub-judaica, because we are awaiting judgement in this case. CHAIRPERSON Yes, I would like to consult with the Committee quickly and, perhaps, let us come back to you, just. Sir, you consulted us (indistinct)? MR MLALANE Yes I am (indistinct). CHAIRPERSON (Indistinct). Mr Mlalane, that we accept and just put it on record and when we are contemplating making a finding on Mr Ndongeni we will then inform you and then you can make representation at that stage. MR MLALANE Thank you very much. CHAIRPERSON Thank you sir. MR MLALANE May I be excused. CHAIRPERSON Yes, please.