Amnesty Hearings — Durban — UNKNOWN

CHAIRPERSON: Yes Mr Alberts, are we ready to begin?

MR ALBERTS: Yes Mr Chairman I will then call the second applicant Mr Ndlovu.

CHAIRPERSON: Mr Ndlovu are you prepared to take the oath,  give evidence under oath?

NKANYISO WILFRED NDLOVU: (sworn states)

CHAIRPERSON: You may sit down.  What are your full names?

NKANYISO WILFRED NDLOVU: Nkanyiso Wilfred Ndlovu.

CHAIRPERSON: How do you spell that first name?

NKANYISO WILFRED NDLOVU: N-K-A-N-Y-I-S-O.

MR ALBERTS: Mr Ndlovu, how old are you?

NKANYISO WILFRED NDLOVU: I am 27 years old.

MR ALBERTS: And where were you born?

NKANYISO WILFRED NDLOVU: In Camperdown.

MR ALBERTS: Where is that?

NKANYISO WILFRED NDLOVU: In the rural area in Pietermaritzburg.

MR ALBERTS: And where did you grow up?

NKANYISO WILFRED NDLOVU: I grew up there.

MR ALBERTS: Is that a rural area or is it a suburb?

NKANYISO WILFRED NDLOVU: It is a rural area.

MR ALBERTS: And when you grew up were you brought up in a western way or more in a Zulu traditional way?

NKANYISO WILFRED NDLOVU: I grew up in a rural set up.  When I grew up, we used to look after the cattle and play the games of fighting sticks.  The manner in which I grew up even taught me that my friends is independent upon me as much as I depend on him.  So, if he is attacked ...[intervention]

MR ALBERTS: Mr Ndlovu, did you also practise the Zulu ceremonies, slaughtering animals for your ancestors etc.?

NKANYISO WILFRED NDLOVU: Yes.

MR ALBERTS: And you were an IFP member as well, is that correct?

NKANYISO WILFRED NDLOVU: Yes.

MR ALBERTS: How did you come to join the IFP?

NKANYISO WILFRED NDLOVU: In the area where I grew up all the people were IFP members.  I then became fond of the IFP and I then joined it.  I followed all the policies of the IFP.

MR ALBERTS: Why did you like the IFP?

NKANYISO WILFRED NDLOVU: Firstly, it abides by the Zulu values and the culture of the Zulus.  It likes all the traditional ways of the Zulus and that is what we were following even at my house.  I then liked it.

MR ALBERTS: You are currently serving a sentence for ten counts of murder and other counts of attempted murder and the possession of firearms committed on the 5 March 1993, is that correct?

NKANYISO WILFRED NDLOVU: Yes, that is true.

MR ALBERTS: And you committed these offences together with the first applicant Mr Dladla?

NKANYISO WILFRED NDLOVU: No, only Mabhungu.  The only person who has already testified and was with me on that day was Mabhungu.  A third person is not here.

CHAIRPERSON: What was the name that you mentioned?

NKANYISO WILFRED NDLOVU: Mabhungu Absolon Dladla.

MR ALBERTS: Mr Dladla yesterday gave evidence regarding a third person that was involved in the shooting.

NKANYISO WILFRED NDLOVU: That is true.

MR ALBERTS: Who is that third person?

NKANYISO WILFRED NDLOVU: He is late Siphiwe Zondi.

MR ALBERTS: You heard the testimony of Mr Dladla yesterday, is that right?

NKANYISO WILFRED NDLOVU: Yes, I did.

MR ALBERTS: And what he told us, is that correct?

NKANYISO WILFRED NDLOVU: Yes, that is true.

CHAIRPERSON: Perhaps your question should be a little more specific.  What he told us about the commission of the offence and matters relating to that, do you confirm his evidence in that regard?

NKANYISO WILFRED NDLOVU: There are some other things that I cannot confirm because I was not present when those things happened.

MR ALBERTS: The shooting at that mini bus and the killing of the people, were you present at that time?

NKANYISO WILFRED NDLOVU: I was present.

MR ALBERTS: And as far as the aspects where you were mentioned by Mr Dladla, his testimony in that regard, correct and the truth?

NKANYISO WILFRED NDLOVU: Yes, but I want to put my own version.

CHAIRPERSON: Yes, tell us your role?

NKANYISO WILFRED NDLOVU: In Nkanyezini where I was now staying, because my family had to leave eMboni where we used to stay because of the violence, violence erupted also there.  I was already a grown up when we arrived at this place because I was already attending school.  I realised after some time that there were people who were now disgruntled and did not want to support the IFP and longer.  The secretary of the IFP, Mr Shelembe then died.  Before he died, Mr Mkhize's kombi, the one who gave evidence yesterday, was seen driving past there.  I ignored that...

CHAIRPERSON: I think you should confine yourself to what you saw and what your experience was rather than tell us what others told you, please.  I think that the general background of the conflict in the area generally between people who were in the IFP and those who were against the IFP we have heard evidence about that generally, you understand.  I think that counsel is trying to get information from you about what happened on the day when the passengers in this kombi were shot at.  How did it come about that you were involved in that incident?

NKANYISO WILFRED NDLOVU: On the 4th, Thursday 1993, I was sitting at a shop, having a rest when Mr Makhekhe's car stopped there.

CHAIRPERSON: Whilst you were just sitting where?

NKANYISO WILFRED NDLOVU: It was at Ngidi's shop.

CHAIRPERSON: Carry on.

NKANYISO WILFRED NDLOVU: A white car, belonging to Makhekhe then came there.  makhekhe was with Mabhungu Dladla in this car.  We belonged to the same party, and they said that they were looking for me because they wanted to talk to me.  Makhekhe then asked me to get into the car and we then drove off.  Makhekhe then told me that they were planning a revenge for what happened to the children.  He also told me that they were now suffering in eMboni.  They told me that they were no longer free.

CHAIRPERSON: Yes.

NKANYISO WILFRED NDLOVU: Yes, I heard that children had been shot.

CHAIRPERSON: Talk slowly because what you are saying, we want to try and make notes of what you're saying, so they told you that they want to avenge the killing of school children that had taken place, is that what you've said?

NKANYISO WILFRED NDLOVU: Yes.

CHAIRPERSON: Yes, but that conflict had been there before the children had been shot, isn't it?

NKANYISO WILFRED NDLOVU: They told me that they wanted to attack Thembinkosi Mkhize's kombi because it is known that this is the kombi that was used to attack IFP members.  I felt very determined when I heard that because he also tried to kill me and I survived.  Another person who was with me in that taxi was killed by them.

CHAIRPERSON: Yes, now well let's talk about, they told you that children had been shot.  Until they told you, did you know that some children had been shot?

NKANYISO WILFRED NDLOVU: Yes, I heard that through the radio.

CHAIRPERSON: So now they tell you that they want to avenge that killing?

NKANYISO WILFRED NDLOVU: Yes.

CHAIRPERSON: Now tell us what happened then?

NKANYISO WILFRED NDLOVU: They told me that they wanted to avenge and attack Nofo's kombi because it was known as the kombi that was carrying people who were attacking IFP members.

CHAIRPERSON: Which very same kombi?

NKANYISO WILFRED NDLOVU: Ja, it is the kombi belonging to one Nofo.

CHAIRPERSON: When was this attack that you survived?

NKANYISO WILFRED NDLOVU: I think it was in August 1992.

MR ALBERTS: At the time, did you see the kombi or did you just suspect that that kombi was involved?

NKANYISO WILFRED NDLOVU: I saw it with my very own eyes.  I also saw three people alighting from that kombi.  It was not very far.

MR ALBERTS: And who was the driver of that kombi at the time?

NKANYISO WILFRED NDLOVU: It was far.  I think it was between 500 to 700 metres from me.  I therefore could not see who were the people in the taxi.  I could only see that three people alighted.

CHAIRPERSON: You're talking about the attack on you at this stage, when you were attacked in August 1992, is that what you're talking about?

NKANYISO WILFRED NDLOVU: Yes.

MR ALBERTS: What happened on that day in August 1992?