Amnesty Hearings — Durban — 2000-08-31

CHAIRPERSON: Ms Mohamed?

MS MOHAMED: Thank you Mr Chairman, I call Mr Sifiso Malevu.

CHAIRPERSON: I didn't hear the name?

MS MOHAMED: Mr Sifiso Malevu.

CHAIRPERSON: I can hear you now.  What did you say the name was?

MS MOHAMED: Sifiso Malevu.

MS THABETHE: Sorry Mr Chair, Mr Nel would like to know whether he could be excused?

CHAIRPERSON: I am in your hands until when?  Mr Nel, do you want to leave Durban?

MS THABETHE: No, no.

MR NEL: (Indistinct)

CHAIRPERSON: Well, can we reassess the situation at about quarter past eleven?  Is that convenient for you?  Okay.  Yes, Malevu, what language would you like to use?

SIFISO MALEVU: Zulu.

SIFISO MALEVU: (sworn states)

CHAIRPERSON: Please be seated.

MS MOHAMED: Thank you Mr Chairman. Mr Malevu, isn't it correct that you are presently serving a term of imprisonment at Westville prison?

SIFISO MALEVU: Yes, I am.

MS MOHAMED: What were you convicted of?

SIFISO MALEVU: I was sentenced for armed robbery.

CHAIRPERSON: You were present when Mr Mpanza testified?

SIFISO MALEVU: Yes, I was present.

CHAIRPERSON: Were you convicted for the same offences?

SIFISO MALEVU: Yes, we were.

CHAIRPERSON: Yes.

MS MOHAMED: Thank you.   What term of imprisonment did you receive?

SIFISO MALEVU: Eight years imprisonment.

MS MOHAMED: Mr Malevu, did you  make an application for amnesty?

SIFISO MALEVU: Yes, I did.

MS MOHAMED: When was that?

SIFISO MALEVU: In 1997, around May.

CHAIRPERSON: Now you see, tell us, did you make it on a separate form and did you sign that form, or what is the position?

SIFISO MALEVU: I used a separate form, which I signed.

CHAIRPERSON: What did you tell your Attorney then about that?

SIFISO MALEVU: Please explain which Attorney you are referring to?

CHAIRPERSON: The one that is presently representing you.

SIFISO MALEVU: I did explain it to her.

CHAIRPERSON: Yes, what did you tell her?  That you made the application on a separate form, or that you associated yourself with the application of Mpanza and you thought that his application was sufficient to cover you as well?

SIFISO MALEVU: I filled in my own form.

CHAIRPERSON: Now, we have two versions here, as to how we are not in possession of a completed form as required by the Act.  Are you telling us that in fact the correct version is one, that you in fact completed your own form?

SIFISO MALEVU: What happened was, I filled my own separate form.

CHAIRPERSON: Yes, and what did you do with it?

SIFISO MALEVU: I submitted it to Capt Mkhize.

CHAIRPERSON: Where did the story about you associating yourself with one application form, come from then?

SIFISO MALEVU: I do not have knowledge of where that came from.

CHAIRPERSON: But you heard yesterday how we were arguing about it, did you not approach your Attorney and tell your Attorney exactly what the position was?  You were sitting here in the hearing, she made an application at the beginning of this hearing, asking for condonation for you and Shandu to be joined as applicants, despite there being no formal application form, an application before us, and she explained one time, that you believed, you were one of the people who believed that Mpanza's application was in fact an application on behalf of all of you?  Admittedly there was a second version, that seems to suggest what you are testifying now, but that gives us problems.
	We would like you to tell us how this came about.

SIFISO MALEVU: With regards to our applications, sometime last year, I think in July, Mr Cele and Mrs Mkhize arrived at prison to inform me that Mr Mpanza had made an application for amnesty and they enquired if we were also applicants in the matter, or we were just implicated persons.
	At that point, I impressed on them that we were applicants, because from what I knew, we were all applicants in that matter.   I was not aware that I was implicated, just implicated in the matter.  They then explained to me that they could not locate our forms.  They said I was then required to make a statement, so that the matter could be processed.

CHAIRPERSON: Look, all I am asking you is where this other story about a globular application arose from.  Isn't that what you told your Attorney?

SIFISO MALEVU: I think that that must have come from the people who took the statement from me, because I am not aware of it.

MR LAX: Mr Malevu, have you read the statement of yours, that appears at page 6, 7, 8, 9 and 10 which was signed by you on the 7th of July 1999?  If you look at page 10, is that your signature there?  Page 10?  Is that your signature?

SIFISO MALEVU: Yes, it is.

MR LAX: Right.    Just bear with me for one second.

CHAIRPERSON: Page?

MR LAX: Page 10 he signed.   Have you read that statement?

SIFISO MALEVU: Yes, I read it.

MR LAX: And is that what you told Mr Cele?  You told him the story and he wrote down the statement for you?  Is that right?

SIFISO MALEVU: I would like to explain that Mr Cele was writing the statement in English, but I was conversing with him in Zulu.

MR LAX: He is a Zulu speaker, isn't he?

SIFISO MALEVU: Yes.

MR LAX: So you didn't have any trouble understanding each other?

SIFISO MALEVU: We did not have a problem communicating.

MR LAX: Precisely.  So you related the story and he put it down in English?

SIFISO MALEVU: That is correct.  He would write it in English and I would be telling him the story in Zulu.

MR LAX: When he finished writing the story, he asked you to sign it?

SIFISO MALEVU: After completing writing, he asked me to sign it.  He also asked me if he should read it back to me before I sign it, but I opted not for him to do so, for several reasons.

MR LAX: Why?

SIFISO MALEVU: I will just explain that.   The circumstances under which we live in prison can sometimes make you not to think clearly.   For example, at the time at which Mr Cele was supposed to read the statement back to me, I was supposed to go and get my meal.  In that way, I entrusted the statement with Mr Cele, for the reason that had I missed my meal at that time, I would not have had anything to eat for that day.
	The reason why I did not ask Mr Cele to read the statement back to me, was that I trusted him.  For example whatever you are noting down now, I believe that it is correct.

MR LAX: Yes, well, even if you didn't believe it is correct, it is being recorded on the machine and we can always play you back the tapes, but that is irrelevant.  What is important here is has he recorded accurately, apart from this business about your application form, has he reported everything else accurately?

CHAIRPERSON: As you told him?

MR LAX: Just a yes or no is good enough.

CHAIRPERSON: Let me ask you this, have you been able to read that document, that statement?

SIFISO MALEVU: No.  Are you referring to today?

CHAIRPERSON: No, any time after it was   ...

MR LAX: Mr Malevu, I asked you earlier, had you read this document and you said yes, you understand what is in this document, you have read it?

SIFISO MALEVU: I did read it, but at the time I did not specify when I read it.

CHAIRPERSON: Were you satisfied when you did eventually read it, that it was properly recorded as you told Mr Cele?

SIFISO MALEVU: After we received the statements from the Attorney,  I complained to her about the portion which pertained to the application.  That is why the matter was taken to the  High Court.

CHAIRPERSON: Is that the first time that you read this document?

SIFISO MALEVU: Yes, it was for the first time.

CHAIRPERSON: When was that?

SIFISO MALEVU: It was in March, before we went to the High Court in Pinetown?

CHAIRPERSON: In March?

SIFISO MALEVU: Yes.

MR LAX: My question to you was, apart from that last portion, everything else in this statement is accurately recorded, is that not correct?

SIFISO MALEVU: I believe so, yes.