Amnesty Hearings — Durban — 1999-11-15

MS LOONAT: So what was your role when you were instructed to take part in any of the attacks on IFP areas?  What was your role?  What were your instructions?

OSMOND BEKISISA NKWANYANA: When people are attacking, they are not using firearms only.  I will use anything, a spear or a knife.

MS LOONAT: To do what?

OSMOND BEKISISA NKWANYANA: To attack and kill whoever will come my way.

ADV BOSMAN: Where is this question taking us Ms Loonat?

OSMOND BEKISISA NKWANYANA: It's just to establish that he is an active member of a political party.  He does take part, when he was instructed to, but on this particular occasion he was not a party to it, which is why he's applying for amnesty.

ADV BOSMAN: Okay, thank you.

MS LOONAT: Is there anything else you would like to add, Mr Nkwanyana?

OSMOND BEKISISA NKWANYANA: No, I don't have anything to say.

MS LOONAT: I have no further question.
NO FURTHER QUESTIONS BY MS LOONAT

CHAIRPERSON: Thank you Ms Loonat.  Mr Nkwanyana, just look at page 5 of the record, paragraph 9 (c) (i).  Who is Iliakem Nkosi Mthembu, who is that?

OSMOND BEKISISA NKWANYANA: I think it's the deceased.

CHAIRPERSON: You think he's deceased.

CHAIRPERSON: Now under what circumstances did he die?

OSMOND BEKISISA NKWANYANA: He was attacked.

CHAIRPERSON: To what political party did he belong?

OSMOND BEKISISA NKWANYANA: IFP.

ADV BOSMAN: Did you know him personally?

OSMOND BEKISISA NKWANYANA: Yes, I knew him because sometimes I'll meet him at my brother-in-law's house.

CHAIRPERSON: Now who attacked him?

OSMOND BEKISISA NKWANYANA: I was told that he was attacked by Ketha Khuzwayo, Themba Nkosi Mthembu.

CHAIRPERSON: So have you not witnessed this attack?

OSMOND BEKISISA NKWANYANA: No, I didn't.

CHAIRPERSON: Did you just hear about it?

OSMOND BEKISISA NKWANYANA: Yes.

CHAIRPERSON: Why did you put his name in this form?

OSMOND BEKISISA NKWANYANA: It is because he's the one who died when this attack was launched.

CHAIRPERSON: Yes, but what has it got to do with you?  Why do you put his name in your application form for amnesty?

OSMOND BEKISISA NKWANYANA: This was done by people whom I knew very well and we came together, but on this specific day when they did this, I wasn't with them.

CHAIRPERSON: Yes, no, that is what you say.  I hear what you say about that but now why's his name in here?  What has he got to do with your amnesty application?

OSMOND BEKISISA NKWANYANA: Because I was sentenced and convicted because of his death.

CHAIRPERSON: So at the court that convicted and sentenced you, did the witness come there to say that you participated in this attack on this man?

OSMOND BEKISISA NKWANYANA: Yes, they were.

CHAIRPERSON: And what is your response to that allegation?

OSMOND BEKISISA NKWANYANA: I would like you to repeat the question for me.

CHAIRPERSON: The witnesses at your trial, you say that those witnesses came to the court and they told the court that you took part in this, you participated in this attack on the deceased, Mr Mthembu, that's what you told us now.  I'm asking you, what is your response to that allegation against you?  They say that you participated in this attack, so what do you say to that?

OSMOND BEKISISA NKWANYANA: What I can say is that the people who attacked and killed him, were the people who were usually with me and these people, the witnesses, they've seen me with these people, I think that's why they witnessed that I was one of the people who attacked the deceased.

CHAIRPERSON: And are you saying that they're wrong if they say that you attacked the deceased?

OSMOND BEKISISA NKWANYANA: Yes.

CHAIRPERSON: And this other name, underneath that one, in that same place on that form, Herman Sibiya and there's written in brackets (injured).  Now who's that?

OSMOND BEKISISA NKWANYANA: My brother-in-law.

CHAIRPERSON: Is that your sister's husband, or boy friend, or whatever?

OSMOND BEKISISA NKWANYANA: Yes, my sister's husband.

CHAIRPERSON: And why is his name here in your form?

OSMOND BEKISISA NKWANYANA: Same reason that I've already mentioned that the witnesses mentioned my name that I was together with my friends when they launched the attack because this was same case, it happened in one day, same time.

CHAIRPERSON: So Mthembu and Sibiya were attacked at the same time?

OSMOND BEKISISA NKWANYANA: Yes.

CHAIRPERSON: So you were also not part of that attack?

OSMOND BEKISISA NKWANYANA: Yes.

CHAIRPERSON: And those witnesses are wrong again, that came to the court to say that you were in fact part of that attack?

OSMOND BEKISISA NKWANYANA: Yes.

CHAIRPERSON: Yes.  Ms Jelal, have you got any questions?

MS JELAL: Just one, Mr Chairperson.

MS JELAL: Sir, is it correct that your submissions to this Committee is that you knew nothing of the planned attack against Sibiya and Mthembu and that you had nothing to do with the occurrences of that day being the 3rd of May 1994?

OSMOND BEKISISA NKWANYANA: Yes, but what I can say is that usually I would attend meetings, then I will hear about their names coming up as names of the people who were their targets or people whom they wanted attack them, but when I arrived there on that day, I didn't know that they were going to attack them.

MS JELAL: So did you join the party who you believe did attack Sibiya and Mthembu and did you participate in this attack?

OSMOND BEKISISA NKWANYANA: Would you please repeat your question?

MS JELAL: Yes.  Did you know of the attack?  Did you participate in the attack?  Did you join the group of people whom you believe did attack Sibiya and Mthembu?

OSMOND BEKISISA NKWANYANA: If I were instructed to do so, I would have, but I wasn't and there I didn't know anything about it, therefore I didn't join them.

MS JELAL: No further questions.
NO FURTHER QUESTIONS BY MS JELAL

ADV SANDI: Sorry, can you just explain something here, Mr Nkwanyana.  When you heard that the deceased and Mr Sibiya had been attacked, did you agree with that?  Did you feel that your comrades had done the correct thing?

OSMOND BEKISISA NKWANYANA: Yes.

ADV SANDI: Did you complete this form yourself, the application form?

OSMOND BEKISISA NKWANYANA: I didn't myself, but I was telling someone who was helping me, he was the one who was writing.

ADV SANDI: Why did you ask someone to complete this form in your name and for you?

OSMOND BEKISISA NKWANYANA: When I arrived in Westville Prison, I found the amnesty application forms and they were written in English.  There were no Zulu application forms at the time, therefore since I had an English application, I had to ask someone to assist me.

ADV SANDI: Is that to say that you were applying for amnesty?

OSMOND BEKISISA NKWANYANA: Yes.

ADV SANDI: Just try and give me a picture in mind of this area where this attack took place.  You say you were at the shebeen when you heard two shots, how far was the shebeen from the place where the attack had taken place?

OSMOND BEKISISA NKWANYANA: I wouldn't be able to assist you with that but it is not that far.  It can be a kilometre or more.

ADV SANDI: Would you say it is the same street or an adjacent street, parallel street?  Is it more or less the same area, same location?

OSMOND BEKISISA NKWANYANA: It is the same area.

ADV SANDI: Thank you.  Thank you Chairman.

CHAIRPERSON: Mr Nkwanyana, just look again at that page 5 of this bundle.  I referred you to that earlier but I haven't asked you to explain it yet.  That on top of page 5 of the record, the bundle, that last sentence there, or that last phrase,:  "That is when I committed crime".  What crime are you talking about?

ADV SANDI: Maybe it's the person who was assisting me who didn't put correct words.  What I was trying to say is that that's where the crime was committed.

CHAIRPERSON: By others and not by yourself, is that what you explained to him?

ADV SANDI: Yes.

CHAIRPERSON: Yes.  Mr Mapoma, questions?

MR MAPOMA: Thank you Chairperson.