Amnesty Hearings — Durban — 1999-06-24

CHAIRPERSON: Mr Sardiwalla, are we in a position to proceed with the application of Aaron Zibuse Zulu?

MR SARDIWALLA: I confirm that I appear on behalf of Aaron Zibuse Zulu and that we are in a position to commence with the proceedings.

CHAIRPERSON: Ms Thabethe, what is the position with regard to the victims?

MS THABETHE: Madam Chair, I have consulted with the victims and I've got an instruction to oppose the application.

MR SARDIWALLA: Chairperson, I have prepared a supplementary affidavit for the benefit of the Committee and the hearing.  The affidavit has been signed by my client and is dated today and with the leave of the Committee, may I hand up the original signed copy?

CHAIRPERSON: You may and it will be marked as Exhibit A.  Where is your client, Mr Sardiwalla?

MR SARDIWALLA: My client is in the audience.  Aaron Zulu.

AARON ZIBUSE ZULU: (sworn states)

CHAIRPERSON: Mr Sardiwalla.

MR SARDIWALLA: Thank you, Chairperson.

MR SARDIWALLA: Mr Zulu, are you a resident of the commonly known Tugela Mountain area, where you were  resident of that area during 1987?

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: And did you belong to any particular organisation?

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: What organisation did you belong to?

AARON ZIBUSE ZULU: The ANC.

MR SARDIWALLA: What was your involvement with the African National Congress?

AARON ZIBUSE ZULU: I was a member.

MR SARDIWALLA: Can you give us a brief description as to what the situation was at Maqonqo, commonly known as Table Mountain, during 1987?

AARON ZIBUSE ZULU: In 1987 the conflict between the IFP and the ANC started.

MR SARDIWALLA: And were you a party to this conflict?

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: In what sense were you a party to the conflict?

AARON ZIBUSE ZULU: I was involved because I was also in the fighting, fighting for my organisation the ANC.

MR SARDIWALLA: You are the applicant today and you've submitted in your application brief facts relating to your request for amnesty.

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: You also, on perusing your initial application, noticed certain errors in the application?

AARON ZIBUSE ZULU: Yes, there were several mistakes.

MR SARDIWALLA: Yes.  The one aspect was that you referred to the date of the incident as being the 2nd of February, was it?

AARON ZIBUSE ZULU: Yes, that was a mistake.

MR SARDIWALLA: In a subsequent affidavit you corrected that to be the 2nd March.

AARON ZIBUSE ZULU: Please repeat the date.

MR SARDIWALLA: In a subsequent affidavit that was filed today in court, you corrected the date to read the 2nd March 1993.

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: You also referred to Nkosenye Majola as being one of the persons that fled after the incident, in your initial application.

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: And you, in today's affidavit, have amended that and you advise the Committee that Nkosenye Majola was not present at the incident itself, but that Khumbu Shangase whom you omitted, was in fact present.

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: What was the reason for that change?

AARON ZIBUSE ZULU: Nkosenye was present when we planned the act, but I actually made a mistake when I said he was present when the actual act was carried out.

MR SARDIWALLA: Now as a member of the ANC did you receive any formal training?

AARON ZIBUSE ZULU: Yes, I was trained.

MR SARDIWALLA: Can you elaborate what training you received?

CHAIRPERSON: We don't need that evidence Mr Sardiwalla.

MR SARDIWALLA: Thank you.

CHAIRPERSON: We are satisfied with what is contained in his affidavit.

MR SARDIWALLA: Thank you Chairperson, I would not pursue that further.  I will now go on to the aspect relating to events leading up to the incident.  It appears that, from your affidavits, there were repeated attacks and counter attacks between the ANC and IFP.

AARON ZIBUSE ZULU: Yes, that did happen.

MR SARDIWALLA: And after the death of Chief Mapumulo there was a certain level of escalation in this violence.

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: Now, were you a party to the ANC when various attacks and counter attacks had taken place?

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: In 1993, around the date when our erstwhile Pres Nelson Mandela was released, there was a further escalation of violence.

AARON ZIBUSE ZULU: That is correct.

MR SARDIWALLA: Can you very briefly tell us what was the nature of the violence.  What was happening at Table Mountain, or Maqonqo?

AARON ZIBUSE ZULU: At the time the IFP disapproved of the presence of ANC members inside the area.  There was fighting going on between members of the ANC and the IFP in that regard.

MR SARDIWALLA: On the 26th February there was a major incident that took place.  Can you elaborate what happened on that date?

AARON ZIBUSE ZULU: Yes.  There was an attack and some of our colleagues in the ANC were injured, although I do not remember all of their names, I can just remember two or three.

MR SARDIWALLA: Who were these people that were injured or killed?

AARON ZIBUSE ZULU: They were killed.  It was Joseph Mlambo, Johannes Bengu and Themba Ngwenya.

MR SARDIWALLA: Sorry, can you repeat the names please?

AARON ZIBUSE ZULU: Joseph Mlambo, Themba Ngwenya.

MR MALAN: And Johannes Bengu, did you say?

AARON ZIBUSE ZULU: And Johannes Bengu.

MR SARDIWALLA: After this incident, were the tensions flared as a result of this incident?

AARON ZIBUSE ZULU: Yes, the tensions were very high, such that we also met and discussed that we attack the IFP members.

MR SARDIWALLA: You held a meeting on the 1st March, on the evening of the 1st March 1993.  What happened there?  What was discussed?

AARON ZIBUSE ZULU: We were discussing the fact that IFP members were able to attack us, therefore we should make a plan of how we should also attack them.

MR SARDIWALLA: And what was the plan that was discussed?

AARON ZIBUSE ZULU: We discussed the fact that we cannot get them at their homes, therefore it would be easier to get them along the road, maybe we should just go and block the road and get them there.

MR SARDIWALLA: Yes, go ahead.  What else was discussed?

AARON ZIBUSE ZULU: We then discussed that we would go the following morning and proceed to that spot where we would block the way.

MR SARDIWALLA: Was there any specific target discussed?

AARON ZIBUSE ZULU: Our intention was to look for Makeke, not everybody else.

MR SARDIWALLA: Who is Makeke?

AARON ZIBUSE ZULU: He was one of the leaders in the IFP.

MR SARDIWALLA: And how did you plan to get hold of him?

AARON ZIBUSE ZULU: We would get him because he used to drive a vehicle.

MR SARDIWALLA: Was there any specific vehicle that he drove?

AARON ZIBUSE ZULU: Yes, we knew his vehicle.

MR SARDIWALLA: What was the vehicle?

AARON ZIBUSE ZULU: It was a cream-white bakkie with a white canopy.

MR SARDIWALLA: So what was your plan?

AARON ZIBUSE ZULU: We planned that as his vehicle approached, we would come out and stand quite near to it and shoot at it.

MR SARDIWALLA: And when you say we, who were the we involved in this process?

AARON ZIBUSE ZULU: I was with Saul Mkhize, Sishe Madlala, Khumbu Shangase.

CHAIRPERSON: Please be slow when you speak.  Please repeat.

AARON ZIBUSE ZULU: Sishe Madlala, Khumbu Shangase.

MR SARDIWALLA: Yes, so the decision was that you were to attack the vehicle on that evening?

AARON ZIBUSE ZULU: Yes.

MR SARDIWALLA: How did you proceed to execute this plan?

CHAIRPERSON: Are you saying - I thought the evidence was that it was the following morning they were to attack.

MR SARDIWALLA: Thank you Chairperson, yes, may I just correct that evidence?  This incident took place - you proceeded to execute this plan the following morning, is that right?

AARON ZIBUSE ZULU: That's correct.

MR SARDIWALLA: Just before we get on to the incident itself, about how many people were present at that gathering that made this decision?