Amnesty Hearings — Nelspruit — 1999-02-03

CHAIRPERSON: Mr Claassen?

MR CLAASSEN: Madam Chair?

CHAIRPERSON: We may proceed with the application of Mr Solomon Collen Mtambo.

MR CLAASSEN: I thank you Madam Chair, he wishes to take the oath.

CHAIRPERSON: Mr Mtambo, will you please rise?  Are you going to take an oath?

SOLOMON COLLEN MTAMBO: Yes.

SOLOMON COLLEN MTAMBO: (sworn states)

CHAIRPERSON: You may sit down, you have been sworn in.  You may take over Mr Claassen.

MR CLAASSEN: Thank you Madam Chair.  Thank you Madam Chair.  Mr Mtambo, you are today an applicant before this Amnesty Committee concerning a crime which were committed on the 2nd of April 1994, the killing of Mshenga Phumayo, is that correct?

SOLOMON COLLEN MTAMBO: That is correct.

MR LAX: Sorry Mr Claassen, was the date not the 29th of May 1993?

MR CLAASSEN: Pardon me, that is indeed correct, that was the date of his conviction.

MR LAX: Thank you.

MR CLAASSEN: And Mr Mtambo, you were sentenced on the 2nd of April 1994 to a twelve year prison sentence, for this particular crime, which you are currently serving?

SOLOMON COLLEN MTAMBO: Yes, that is correct, but I was sentenced on the 13th of June 1995.

MR CLAASSEN: Pardon me, Madam Chair, let the record state then the date of sentence.
	Mr Mtambo, could you very briefly just explain to the Court the circumstances immediately surrounding the commission of this offence, what happened the day when you killed Mr Phumayo?

SOLOMON COLLEN MTAMBO: Yes, I can.   I was a Vice-Chairman of IFP youth at Dela in Davel.
	We used to hold meetings at a creche as the youth of Inkatha.  At Dela there were conflicts between the ANC and the IFP, and a decision was taken that some of us were not supposed to use certain streets, and some of us were not supposed to use other streets.
	Other members of the IFP were chased away if they were found in a certain street, which they were not supposed to use.  There were fights between IFP and ANC.
	I stayed there or we held a meeting at the creche with the youth, because I was their leader.  I took a decision, even though I didn't tell them about my decision, and my decision was solely based on how were we going to attack this problem or tackle this problem which we had.
	I took a decision to attack someone who was involved, his name is Phumayo.  I realised that if I shoot Mr Phumayo, it was going to enhance our organisation, because some members of the opposite organisation, which was ANC, were going to be scared and join the IFP.  Therefore I attacked him.
	I was scared after I killed him.  I didn't like what I did.

MR CLAASSEN: Mr Mtambo, could you just please tell us the day that you killed him, what exactly happened there?

SOLOMON COLLEN MTAMBO: On the day when I killed Mr Phumayo, I was at Maria Mthetwa's place.  I think it was approximately twenty past eight, to half past eight.  I saw him, he had a navy jacket and a powder blue trousers.  I saw him through a window.
	Duduza had already informed me that I should watch because he heard from the rumour that I was going to be attacked.  Since I had this information and also it was my plan that if I attacked Mr Phumayo, it was going to help us.  I saw him as I was sitting at Maria's place, and when he was next to an electric box, that is when I approached him and I greeted him.
	What I saw from his face, he got scared when I was near him and I took out my gun and I shot him.  That is what happened on that day.

MR CLAASSEN: Mr Mtambo, could you just clarify, you just now mentioned that you were inside Maria's house and you saw him next to an electric box.  Can you just tell us how this came to be, what happened from Maria's house, or was this in Maria's house, what happened there?

SOLOMON COLLEN MTAMBO: I was with Fanosi July Nkosi, July Mthetwa and Stella Nonqlandla.

CHAIRPERSON: Won't you just give these names slowly, we are taking down your evidence and try and give your evidence at a pace at which the Translators will be able to translate everything you say.  Just be a little slower as you give your evidence.

SOLOMON COLLEN MTAMBO: Thank you.

CHAIRPERSON: You may repeat the people you with at Maria's house.

SOLOMON COLLEN MTAMBO: July Mthetwa, Fanosi Nkosi, Nonqlandla Mthetwa, July's brother-in-law and July's sister, Mercy and Maria Mthetwa, the owner of the house.  I can't remember others who were there.

CHAIRPERSON: Are these people members of your organisation?

SOLOMON COLLEN MTAMBO: Yes, that is correct.

CHAIRPERSON: Were they present there at for any particular reason?

SOLOMON COLLEN MTAMBO: No, there was no particular reason, we were just sitting there inside the house.
	Most of the time, I used to visit Maria's place.

CHAIRPERSON: Was this an IFP stronghold?

SOLOMON COLLEN MTAMBO: Many people who were members of IFP, used to visit Maria's place.  They used to just visit the place.  Most of the people who used to visit Maria's place, were IFP members, because even Maria herself, was an IFP member.

CHAIRPERSON: Do you recall that during your criminal trial, this place was described as a shibeen?

SOLOMON COLLEN MTAMBO: Yes, that is correct.

CHAIRPERSON: Was it not a shibeen?

SOLOMON COLLEN MTAMBO: It was.

CHAIRPERSON: Was it not frequented by people in Davel?

SOLOMON COLLEN MTAMBO: It was, some people, the people that were from local and these people never used to give us the problem.

CHAIRPERSON: And it was frequented by people irrespective of any political affiliation?

SOLOMON COLLEN MTAMBO: Yes, that is correct.

MR LAX: Can I just clarify one thing, just before you go on Mr Claassen, sorry to do so.
	Who told you this person said, he told you that he had heard that you were going to be attacked and you must watch out?  I just didn't catch the name when you were testifying?

SOLOMON COLLEN MTAMBO: That is correct.

MR LAX: Who was it?

SOLOMON COLLEN MTAMBO: Duduza Qaba.

CHAIRPERSON: Don't explain or clarify anything, just answer the question.  He just asked you a question and that is fine, we've got the answer now.

MR CLAASSEN: Thank you Madam Chair.  Mr Mtambo, not who you were in the house with, you said that you saw the deceased at an electrical box.  Can you just very briefly, what happened from the house to the point where you shot him?

SOLOMON COLLEN MTAMBO: We were just sitting there and we were drinking and liquor was full on the table, on the 29th.  Because I have already made a decision as to gain IFP members, because we were the minority in that place, I didn't tell anyone about my decision because I realised that the people who were there, who were present at that house ...

CHAIRPERSON: May I interrupt Mr Claassen, we will also expect you to take charge of your client's evidence in chief please.

MR CLAASSEN: I will do so Madam Chair.

CHAIRPERSON: Please interrupt him if during his evidence, you can hear that it is not being translated the way you want it.  He is not responding to the question, to your question, because now he is giving evidence on an aspect that you have not put a question to, he is not responding to your question.

MR CLAASSEN: Thank you Madam Chair, I will do so.

CHAIRPERSON: May I then just address your client?

MR CLAASSEN: Thank you Madam Chair.

CHAIRPERSON: Mr Mtambo, we would request you to please confine your responses to questions being posed by your legal representative, and only confine your responses to those questions.
	The question which was put to you was to explain what happened from the time you recognised that Mr Phumayo was outside the electric box, what did you do because you explained that you went out, you got to him next to the electric box, you greeted him and then you shot him.
	Your Attorney wants you to explain in detail every step what you did, from the time that you left the house up to the time you greeted him and then shot him.

SOLOMON COLLEN MTAMBO: When I left the house, I turned behind the house, I took the gun from the bag.