Amnesty Hearings — Johannesburg — 1999-02-02

SIDNEY VINCENT NKOSI: Khumalo was a church minister and he was also a member of Inkatha Freedom Party.

MR SHANE: How were the Khumalo gang harassing you?

SIDNEY VINCENT NKOSI: They were killing us.

MR SHANE: When you say they were killing you, had people, can you name people who were actually killed by this gang?

SIDNEY VINCENT NKOSI: Yes.

MR SHANE: Can you give a few names to the learned Committee?

SIDNEY VINCENT NKOSI: I can remember some of them.  At some stage Khumalo killed 12 people in the Tokoza community.  That was New Year Eve, on the night of the New Year Eve.  There is a boy from Tshabalala Street at the corner house, his name was Lucky, and one boy from Mbele family, his name was Happy, and one boy, I cannot remember the names of the others but there's a lot of them.

MR SHANE: What, can you describe the attack, what you did, what actually you did in this attack on the Khumalo gang?

SIDNEY VINCENT NKOSI: We wanted to demolish Khumalo's house and we wanted to kill them also.

MR SHANE: Right, so what did you do?

SIDNEY VINCENT NKOSI: Sorry?

MR SHANE: What did you do?

SIDNEY VINCENT NKOSI: His house was attacked, it was shot at, and the F1 bombs were used to demolish the house.

MR SHANE: Did you use the F1 bombs yourself, or did other people use the F1 bombs?

SIDNEY VINCENT NKOSI: There was a unit that was responsible for handling the bombs, and the other were using the hammer.  There was operation Shiza and operation Delisa.

MR SHANE: And you, what did you use, just a firearm or did you use bombs and hammers?

SIDNEY VINCENT NKOSI: I was handling a firearm.  I was handling a firearm.  I used to carry a firearm.

MR SHANE: And what type of firearm?

SIDNEY VINCENT NKOSI: AK-47.

MR SHANE: Do you know if you caused any death or any injuries to members of this Khumalo gang?

SIDNEY VINCENT NKOSI: No.

MR SHANE: What you do know is that you caused damage to the house?

SIDNEY VINCENT NKOSI: Yes.

MR SHANE: Is there anything else you wish to tell the learned Commissioners about your attacks on the Khumalo gang?

SIDNEY VINCENT NKOSI: How, what do you mean?

MR SHANE: If you, you haven't really, that is all you can tell about the attack on the Khumalo gang.  Is that correct?

SIDNEY VINCENT NKOSI: Yes.

ADV GCABASHE: Can I just ask you, was this an attack on Mr Khumalo's house, or was it an attack on the people who followed him, or who were called the Khumalo gang?  Just help me with that.

SIDNEY VINCENT NKOSI: We wanted to destroy his followers and his house.

ADV GCABASHE: But this particular incident, what does it relate to?  To both Mr Khumalo with his people inside the house, or just a attack on the house itself irrespective of who was inside?

SIDNEY VINCENT NKOSI: The people who were staying there in the house was Khumalo and his boys and the soldiers who were safeguarding him and the other IFP members.

ADV GCABASHE: But on that particular day, was Mr Khumalo there?  Were his followers, his gang, were any members of the gang there on that day?

SIDNEY VINCENT NKOSI: They ran away.

ADV GCABASHE: They ran away as you approached or as you attacked?

SIDNEY VINCENT NKOSI: They had information that there was an attack, that there would be an attack at the house.

ADV GCABASHE: So by the time you attacked they had fled and you attacked the house essentially?

SIDNEY VINCENT NKOSI: Yes, that is correct.

ADV GCABASHE: Now I asked you because evidence was given of this attack in the hearings last year in December and I just wanted to make sure that it's the same incident that you're referring to.  Thank you.

MR SHANE: Okay, now I'm showing you a photograph of a person from an identity document.  Can you identify this person?

SIDNEY VINCENT NKOSI: Yes.

MR SHANE: Who is this person?

SIDNEY VINCENT NKOSI: This is Mlazi Jabulane Dube.

MR SHANE: This is the person you murdered, or who was murdered on your orders, after he was taken from the Blue Light tavern.  Is that correct?

SIDNEY VINCENT NKOSI: Yes, that is correct.

MR SHANE: Are you now at peace with the members of Inkatha and the Khumalo gang, is there now peace between you?

SIDNEY VINCENT NKOSI: I won't say so, but we are staying the IFP members, we are trying the best.

MR SHANE: Now when you were called you were limping, it's quite clear that your leg is injured.  Can you tell how you got those injuries?

SIDNEY VINCENT NKOSI: Yes, I was shot.

MR SHANE: When were you shot?

SIDNEY VINCENT NKOSI: It was in 1993.

MR SHANE: Who shot you?

SIDNEY VINCENT NKOSI: I don't know him but I know that he was an IFP member.

MR SHANE: Thank you Mr Chairman, that is evidence.
NO FURTHER QUESTIONS BY MR SHANE

ADV STEENKAMP: Thank you Mr Chairman.  Just for record purposes, the person who was actually killed, this John Dube, according to the death certificate he was killed on the 6th of September 1993 and his full correct names is Winston Jabulane and I'll spell the surname N Y O N G W A N E.  I beg your pardon Mr Chairman?  Winston, W I N S T O N, and then Jabulane with an E Mr Chairman, and Nyongwane.  This is also the person that was identified from his ID book document which was showed by, ...(intervention)

CHAIRPERSON: ...(inaudible)

ADV STEENKAMP: N Y O N G W A N E.

CHAIRPERSON: ...(inaudible)

MR SHANE: Mr Chairman I confirm that this is the name that appears in the identity document where the photo is that was identified by the applicant.

CHAIRPERSON: ...(inaudible)

ADV STEENKAMP: Mr Chairman according to the death certificate this person. ...(intervention)

CHAIRPERSON: ...(inaudible)

ADV STEENKAMP: Sorry Mr Chairman I beg your pardon.  According to the death certificate Mr Chairman this person was, died in Alberton, of unnatural causes on the 6th of September 1993.  I think the applicant is referring only to September in his application.
	Mr Chairman, the family of the late Mr Jabulane Nyongwane is present today.  His mother is here, Mrs Esther Nyongwane.  She is opposing the application of the applicant on the basis that the deceased was never a member of the IFP ...(indistinct).  I would beg leave to as a few questions with regard to the applicant on the first instance.  In the second instance Mr Chairman I would also beg leave to ask if it will be possible for Mrs Esther Nyongwane to say a few words.  She wants to testify.  I explained to her this is a decision that you have to make, but she instructed me to ask a few questions on the membership.

CHAIRPERSON: We'll cross that bridge when we come to it.

ADV STEENKAMP: Thank you Mr Chairman.
	Sir, according to the mother of the deceased, Mr Jabulane Nyongwane, or Mr Vincent Jabulane Nyongwane, was never a member of the Inkatha Freedom Party, or even a supporter.  Do you have any comment on this?

SIDNEY VINCENT NKOSI: Will you please repeat the question sir.

ADV STEENKAMP: The question's actually quite easy.  According to the family, the mother of the deceased, Mr Jabulane Nyongwane, or you call him Mr Jabulane Dube, they are saying he was never a member of the Inkatha Freedom Party.  Do you have any comment on this?

SIDNEY VINCENT NKOSI: He was an IFP member.  There's nothing else I can say, but we had evidence.  We didn't kill them if we did not have evidence.

ADV STEENKAMP: Can you maybe just indicate to us how did you establish that Mr Nyongwane was actually an IFP member?

SIDNEY VINCENT NKOSI: As I have already explained initially that he would be seen during the patrol during the night at Saville Street with Themba and the others, I cannot remember their names, but they were seen on that particular day and when Jabu's firearm was taken he was also involved.  He was the one who took Jabu's firearm.

ADV GCABASHE: Can you just clarify that for me?  I'm not sure I understand you well.  Jabu was seen patrolling, yes?

SIDNEY VINCENT NKOSI: Yes, that is correct.

ADV GCABASHE: He was seen patrolling with IFP members?

SIDNEY VINCENT NKOSI: Yes, that is correct.