Amnesty Hearings — Durban — 1998-10-21

CHAIRPERSON: Thank you.  Mr Mbandazayo, do you have any re-examination?

MR MBANDAZAYO: None Mr Chairperson.

CHAIRPERSON: Mr Sibanyoni, do you have any questions to ask the witness?

MR SIBANYONI: No questions Mr Chairperson.

CHAIRPERSON: Mr Lax, do you have any questions to ask the witness?

MR LAX: Just one question, Chairperson.
	Your colleague that testified before you told us in his evidence that Mr Namba told you you were going to the police station?

XOLANI CUBA: As I have already explained, he did tell me that he had two targets, that is Brighton Beach and Umbilo Police Station.

MR LAX: Now his evidence was that when you left the house that day, from Red Hill, to board the bus to go into town, both of you knew you were going to the Umbilo Police Station, that was his evidence, categorically.  So you couldn't have had any space to suspect that you might be going there, you knew you were going there.

XOLANI CUBA: I knew that we were going to Umbilo but I disagree with the fact that he told both of us because I knew it the night before that I was supposed to accompany him to Umbilo.

MR LAX: So he didn't tell you on that day, he told you the night before?

XOLANI CUBA: Yes he told me the night before.

MR LAX: And if you were going to accompany him to Umbilo, what would be the purpose of such accompaniment?

XOLANI CUBA: He never told me or explained.

MR LAX: Well did he not tell you that in the context of telling you about his activities and what his operation was and why he was there as you told us he told you?

XOLANI CUBA: Yes he told me as to why he had come but he did not point out that at the very same time we were going to Umbilo.  He only told me about the Umbilo issue at a later stage.

MR LAX: So when did you first meet this man, how soon before this incident?

XOLANI CUBA: I don't remember but it was a few days I think, it could have been four or five days.  It was less than a week.

MR LAX: And you were introduced by the next applicant, Mr Mgengo?

XOLANI CUBA: Yes that is correct.

MR LAX: And what did he introduce you to Mr Namba as, what did he say he was, how was he introduced to you in other words?

XOLANI CUBA: He told us his name as well as our names to him.  He told us that his name is Robert and that he was an APLA member.  He had come to Durban to help the PAC and other organisations that fell under the PAC, so he wanted us to help him whenever he needed help.

MR LAX: When did Mgengo leave for Umtata?

XOLANI CUBA: I don't remember but I should think it was two days before the incident.

MR LAX: Did he come and tell you he was leaving for Umtata?

XOLANI CUBA: Yes he did.

MR LAX: What else did he tell you?  Did he say to you I'm going to be at a certain address or here's my phone number or when am I coming back or what else did he say?  Did he say he'd see you after the holidays, what?

XOLANI CUBA: No he never told us anything.

MR LAX: He just said "I'm leaving"?

XOLANI CUBA: That is correct.

MR LAX: He didn't give you his phone number where you could contact him?

XOLANI CUBA: He never did.

MR LAX: Thanks, Chairperson.

CHAIRPERSON: Yes thank you.  Thank you Mr Cuba, that brings your testimony to a conclusion.  You may stand down now.
WITNESS EXCUSED