Amnesty Hearings — Durban — 1998-03-26

THULANI MZOKHONA MYEZA: Yes.  He told me that he was an ANC member and nobody would change him.

ADV MOTATA: So when initially you said it was known that he was an ANC sympathizer, that could not be correct then?

THULANI MZOKHONA MYEZA: I would not know whether he had an ANC membership card, but the were wearing ANC T-shirts.

MR MALAN: Was this in the location?

THULANI MZOKHONA MYEZA: Yes.

CHAIRPERSON: When he went and prevented children at school, he and his friends prevented children from studying at school you saw it, every other Inkatha member in that area, IFP member in the area would see him doing this?

THULANI MZOKHONA MYEZA: Yes, other people saw them doing it.

CHAIRPERSON: And they did nothing about it?

THULANI MZOKHONA MYEZA: The community could do nothing because it was afraid of the ANC children.

CHAIRPERSON: Yes.

THULANI MZOKHONA MYEZA: Schoolboy, their secretary would be present with other boys.

MR MALAN: The question if I understood it correctly was: did the community, the Inkatha community in the location do nothing when Botha attacked the children?

THULANI MZOKHONA MYEZA: No.

MR MALAN: Who came with Botha to tell these children not to go to school, was he on his own?

THULANI MZOKHONA MYEZA: Schoolboy, their secretary would be present with other boys.

MR MALAN: Were they from the locatio, the other youths?

THULANI MZOKHONA MYEZA: Yes, they were from the location.

MR MALAN: This is the youths with Botha who were ...(inaudible) - just leave that till I have finished. Please leave the microphone till I have finished the question because you won't be able to hear me if you switch on yours.  The people who stopped the children from going to school, they were people that Botha was part of, were the others some of the school children or were they coming from outside the location?

THULANI MZOKHONA MYEZA: Some of them were also attending school there, and were staying in the location.  Some of them had fled the location and were staying in Nyanini.

MR MALAN: So these were people who came in from the Njanini, they weren't people from your area?

THULANI MZOKHONA MYEZA: This is one area under the one iNgoso.  It was a location and a missionary that is rural.

MR MALAN: Thank you Mr Alberts.

MR ALBERTS: These people when they came to the school did they just talk to the children or what did they do to chase children out of the school?

THULANI MZOKHONA MYEZA: They would go to this school when children are on the break.  The car would then drop them there and when the children go to the shops to buy, they would then approach them and attack them.

MR ALBERTS: Okay and at this meeting you later held what was the decision that you came to?

THULANI MZOKHONA MYEZA: We decided that he should be shot dead because he did not want peace in the location.  Mr Nyawuza then took out the rounds from ammunition from the firearm we got from another policeman stationed at Eshowe town.  He gave those rounds to Vusi Myeza.  I am the one who knew where this boy was staying and I then led them there.

MR ALBERTS: Just before we go onto that.  Was that a decision that was taken unanimously by the three of you or was there an order given?

THULANI MZOKHONA MYEZA: We were just followers of the IFP.  The person in charge was Mr Dlulane.

MR ALBERTS: Was an order given?

THULANI MZOKHONA MYEZA: Yes.

MR ALBERTS: How long after this incident was Botha eventually murdered?

THULANI MZOKHONA MYEZA: We did not take a long time, we planned during the day and he was shot that evening.

MR ALBERTS: Okay you said you were to point out the house of Botha, when you left the meeting ...[intervention]

THULANI MZOKHONA MYEZA: Yes, I went to point where he was staying.

MR ALBERTS: What happened after you left the meeting?

THULANI MZOKHONA MYEZA: When we arrived there, we got into the house.  I was with Vusi Myeza.  We talked to him and asked him to show us the room that was to be let.  He did not know the person who was with me.  He then showed us that room that was unoccupied.  He had a candle and Vusi then shot him twice.

MR ALBERTS: Where was he shot?

THULANI MZOKHONA MYEZA: Vusi fired twice.  I think he shot him on the head because Vusi was following him as he was going to show him this room.  We thereafter ran to Mr Nyawuza's house.  We reported this matter to him and he confirmed that he had heard a gunshot.

MR ALBERTS: After a shot was fired what did you then do?

THULANI MZOKHONA MYEZA: Nothing happened after we shot him.  What I remember is that his body was only found by the police the following day.

MR ALBERTS: And did you report to your superiors that the shooting was in fact done?

CHAIRPERSON: Which superiors?

MR ALBERTS: This Dludlani.

THULANI MZOKHONA MYEZA: Yes, we told Mr Nyawuza that we had shot him.

CHAIRPERSON: In point of time when was this killing, do you know?

MR ALBERTS: Mr Chairman I see on the inquest it looks like 21/11 or 21/10/93 the person Mbukazi as far as I can gather.

MR BRINK: 21/11 Mr Chair.

CHAIRPERSON: Where does that appear Mr Brink?

MR BRINK: Page 47 of the papers about, after identification the deceased: adult male 27 years there is: 21/11/93.

MR ALBERTS: If that is in fact the person named Botha. As far as we can gather that is the inquest ...[intervention]

CHAIRPERSON: So if that is correct then this happened the day after Zikhali was killed?

MR ALBERTS: That is correct.

THULANI MZOKHONA MYEZA: As far as I can remember Botha is the first person to be killed.

MR ALBERTS: Did the two incidents happen within a day of each other?

THULANI MZOKHONA MYEZA: I cannot say, but I think we killed Botha first, then Zikhali.

CHAIRPERSON: Where is the date?

MR ALBERTS: I see the date given on the two inquest documents are both 21/11/93.
	What time of the day was Botha killed?

THULANI MZOKHONA MYEZA: Botha was killed at about 8:30 pm.

MR ALBERTS: Was he alone at his home?

THULANI MZOKHONA MYEZA: Yes, he was staying alone.

CHAIRPERSON: How old was this person Botha?

THULANI MZOKHONA MYEZA: Botha was a little older than me.

CHAIRPERSON: Yes carry on.

MR ALBERTS: Can we proceed to the next incident?  The next incident would be the killing of ...(intervention)

MR MALAN: Sorry just before you proceed, just this one last question.  Can you remember that Botha and Zikhali, that you killed them on the same day?

THULANI MZOKHONA MYEZA: I cannot remember.

MR MALAN: Can you remember whether you killed them within a week or was it a year apart, what does your memory tell you?

THULANI MZOKHONA MYEZA: It was the same year, either 1992/93.

MR MALAN: Are you sure that it wasn't on the same day?

THULANI MZOKHONA MYEZA: I am sure it was not on the same day.

CHAIRPERSON: You see the court papers record that they were both shot, they give you the date of death as being the 21st of November 1993.

THULANI MZOKHONA MYEZA: That is not true, they were not killed on the same day.

CHAIRPERSON: Well since you don't have a recollection of whether they were killed within the same month or within the same year your evidence is not very helpful.

THULANI MZOKHONA MYEZA: It was the same year but not the same day.  It could be the same month but definitely not the same day.

CHAIRPERSON: Yes.

THULANI MZOKHONA MYEZA: Yes.

CHAIRPERSON: Very well there is nothing we can do about that.
	Yes will you move on?

MR ALBERTS: The third incident that you are asking for amnesty is Bonginkosi Khanyile. Can you tell us who
Bonginkosi Khanyile was?

THULANI MZOKHONA MYEZA: I was told that Bonginkosi Khanyile was from Vuma area.  I did not know him.  He was accidentally killed.  We were from the conference at Ensingweni.

MR ALBERTS: Who was this Mr Kanyele, was he an ANC member at the ...(intervention)