CAPE TOWN 27 October 1999 - SAPA

ANC OPPOSES AMNESTY FOR MEMBER WHO KILLED FELLOW ACTIVIST

The African National Congress on Wednesday opposed the granting of amnesty to one of its former Self Defence Unit members who killed fellow Western Cape activist Mziwonke "Pro" Jack in an ambush in 1991. The ANC told the Truth and Reconciliation Commission's amnesty committee in Cape Town the organisation did not associate itself with the actions of former SDU member Yola Tembinkosi Yekwani, 39, who admitted gunning down the popular activist. Lawyer Peter Williams, who appeared for the ANC, said Yekwani was telling the committee a "scheme of lies" and was clearly not making a full disclosure about the incident. Yekwani claimed the killing of Jack was a mistake and that he had opened fire on his car believing it to be a police vehicle. Williams argued that Yekawani had for years denied killing Jack and even when approached by the late Chris Hani for information never admitted any knowledge of the incident. Williams said there were strong indications in the accounts of the shooting that Yekwani had known Jack and had deliberately set out to shoot him. Although this could not be established beyond reasonable doubt, Yekwani's account still left many unanswered questions which led to the inescapable conclusion that he was still not telling the truth. "The ANC therefore distances itself from his actions and opposes the granting of amnesty," Williams told the hearing. In his testimony, Yekwani told the committee he and other SDU members had waited for a police vehicle that was returning from the nearby town of Phillipi and were planning to ambush it. However Yekwani's version was contradicted by that of Jack's nephew Andile Jack who was 14 at the time and in the car on the night the activist was shot. He told the committee he had seen three men standing under some trees and they had called out to "Pro" Jack. "Pro" Jack reversed his car towards them shortly before the shooting started. The lawyer appearing for the Jack family, Ismail Jamie, also opposed the granting of amnesty to Yekwani on the grounds that his account of events was hard to believe. Jamie said Jack's death had either been a deliberate hit, or had been the result of a mistake caused by hi being at the wrong place at the wrong time. He said that if he had been assassinated there were several possible motives, including his involvement as a mediator in the taxi violence which was raging at the time or a dispute over the control of firearms. He said, however, that if Jack's murder had purely been a mistake then it was the result of a series of extraordinary coincidences. Shortly before the committee adjourned to consider the application for amnesty, Yekwani asked for permission to address the committee and once again protested he had not deliberately murdering Jack, and said it had been a mistake for which he was sorry. The committee, chaired by Judge Denzil Potgieter, will make its decision known at a future date. The committee is due to hear more applications on Thursday and Friday.

 


© South African Press Association, 1999
This text is for information only and may not be published or reprinted without the permission of the South African Press Association