Amnesty Hearings — Durban — 1999-06-23

MR MALAN: That's Mngomezulu?

MS MOODLEY: That's Mngomezulu.

CHAIRPERSON: That's Mngomezulu yes and it will be so amended.

MS MOODLEY: Honourable Chairperson, there is one other issue that I need to attend to.  There's the name of the applicant.

CHAIRPERSON: Yes?

MS MOODLEY: He also has, I've been instructed, another surname.  It doesn't appear on the papers or in the bundle.

CHAIRPERSON: What other surname does he have?

MS MOODLEY: He wants to disclose to the Commission that he's also known as Happy Aubrey Mjali.

CHAIRPERSON: Mjali?  He was however convicted and sentenced as Happy Aubrey Mngomezulu.  Yes, we'll take note of that.

ADV DE JAGER: Has he got an I.D. number at present or not?

CHAIRPERSON: Whilst you are dealing with your application for an amendment, will you also address us with regard to which acts Mr Madlala will seek to apply for amnesty which are not included in his formal application?

MS MOODLEY: Yes 3 and 5.

CHAIRPERSON: 3 and 5, yes.

MS MOODLEY: Count 3 and 5, 42 yes.

CHAIRPERSON: The amendments have been accordingly granted.

MS MOODLEY: Thank you.

HAPPY AUBREY MNGOMEZULU: (sworn states)

MS MOODLEY: Honourable Chairperson, shall we mark the affidavit as Exhibit A?

CHAIRPERSON: Has it been read to Mr Mngomezulu, the affidavit?

MS MOODLEY: Yes.

CHAIRPERSON: Yes, do you wish to read out the entire affidavit for his benefit?

MS MOODLEY: I think so.

CHAIRPERSON: You may do so.

MS MOODLEY: Thank you.  Affidavit marked Exhibit A
"I, the undersigned, Happy Mngomezulu, do hereby make oath and say
(i)	I became a member of the ANC in the early 1990s whilst living in Wembesi.
		(ii)	On or about 1989 violence erupted in Wembesi due to the lack of essential services.  The problems included the absence of proper toilets whereby the community had wanted the bucket system of toilets to be changed.  
	   (iii)	Our councillor at the time was Mr Stanley Gumbi.  A series of meetings were held between the community members.  The youth formed a structure called WYCO.  WYCO then held meetings with Mr Gumbi and forced him to address the community.  At this meeting many misunderstandings arose resulting in problems between the community and Mr Gumbi."

ADV DE JAGER: Mr Gumbi, was he a member of the ANC?

HAPPY AUBREY MNGOMEZULU: I do not know.

MS MOODLEY: The Honourable Member of the Panel, I think that has just been put for effect because it doesn't really relate to the application that we are charged with.

ADV DE JAGER: So he was a councillor there and there was now trouble between the councillor and ...(intervention)

MS MOODLEY: Well we are going back in time and we now ...(intervention)

ADV DE JAGER: Okay then proceed to this incident.

MS MOODLEY: No, but I think ...(intervention)

MR MALAN: Ms Moodley, can't we answer the questions?  You put information before us, if we need information just answer it and let's continue.

MS MOODLEY: No, I understand that, what I'm simply saying ...(intervention)

MR MALAN: Continue please, let's not argue, let's just understand each other?

MS MOODLEY: I know that time is of the essence for the Commission but I do believe that if an affidavit has been drafted and if something in it is not relevant then it's proper for me to say so.

MR MALAN: It would have been proper then from the beginning not to have inserted it.  Please continue.

MS MOODLEY: Will do so.
(iv)	Mr Gumbi then formed his own personal gang and recruited some of the youth as members of this gang.  The community then decided to boycott Mr Gumbi's businesses and after a certain meeting for which the local chiefs were present, Mr Gumbi' businesses were looted and burned.  Soon thereafter the IFP squads went around the area enquiring into which organisation people belonged to.  As a result most boys who did not want to associate with the IFP left Wembesi and those who remained were made to join the IFP.
		(v)	The son of Mr Teaspoon Bulle Mkhize, the chairperson of the ANC in Wembesi was also killed.  He was shot whilst being accompanied to school by Mr Mkhize.
		(vi)	When I returned to Wembesi after my father's death the area was divided into IFP and ANC camps.  The misunderstanding which arose between Mbeki Msamanga, the commander of the ANC in the area, and Mr Teaspoon Mkhize, the chairperson in the area resulting in the ANC being divided into two organisations.  Mr Msamanga took some of the ANC members with him together with weapons which belonged to the community.  His group was called Amabumvu, referred to as the SACP which took occupation of the 5 room section.  Following the division within the ANC, the SACP and the ANC became enemies.  
	  (vii)	The fights between these two parties reached a point where the late Mr Harry Gwala came to Wembesi to explain to the people that these two organisations, that is the ANC and the SACP were allies.  Mr Blade Msimande also approached the people explaining same.  Attacks and counter-attacks continued from both sides.  Mr Harry Gwala attempted to establish peace in the community but to no avail.  The fighting continued and resulted in more people being killed.

ADV DE JAGER: Could you kindly give us a time span here?  When was Mr Teaspoon's son for instance killed, was that in 1989, 1990, so that we could get a ...(intervention)

MS MOODLEY: Yes, surely, if you could give me a minute?

CHAIRPERSON: May I request because this, we don't to have evidence coming from you, you are just reading the affidavit of Mr Mngomezulu.  After completing reading the affidavit, we'll then put questions on issues of clarity because if you were to respond now, it will be your evidence and we don't want you to be a witness.

MS MOODLEY: Thank you.  To continue
"The fighting resulted in Mr Zuma of the ANC being killed in a bomb attack and Thulani being shot.  Mr Phewa and Mr Gcaba from the opposite camp were also killed.
	  (viii)	On a certain Friday morning, Gweni Nglovu, that is Thulani Madlala's uncle, was shot.  Mr Nshlovo was taken to hospital where we went to visit him.  On the way back we went to the taxi rank where the deceased approached us in the company of other SACP members.  I was carrying a 7.65 firearm and Thulani was in possession of a 9 mm firearm.  An argument ensued between the deceased and myself.  The deceased approached me in a threatening manner and I realised that if I did not act in self defence my life would be in danger.  I therefore shot the deceased.  
		(ix)	I shot the deceased once more.  The deceased's friends fled abandoning the deceased.  I thereafter fired a further four shots at him and left him with Thulani.
		(x)	I request the Committee to take note of the fact that I committed the offence to advance a political objective of my organisation, the ANC. I acknowledge with hindsight that the murder of Phewa was wrong but I considered him at the time to be my political foe.  I am deeply remorseful for the unnecessary loss of life and I wish to communicate the remorsefulness to the Phewa family."
The affidavit is attested.

CHAIRPERSON: Mr Mngomezulu, do you confirm the correctness of the facts stated?

HAPPY AUBREY MNGOMEZULU: Yes.

CHAIRPERSON: This affidavit will then be accepted by us as Exhibit A.   Ms Moodley do you wish to lead evidence on any issue which has not been covered by this affidavit, do you wish to highlight anything?

MS MOODLEY: Yes Honourable Chairperson.  If I could take the applicant to paragraph 8 of the affidavit?

CHAIRPERSON: Yes.

MS MOODLEY: For the benefit of all of us, Mr Mngomezulu, you say
"The deceased approached me in a threatening manner and I realised that if I did not act in self defence my life would be in danger and I therefore shot at the deceased."
I want to afford you an opportunity to actually clarify or qualify anything that you want to in relation to that particular sentence that I have drawn your attention to.