Amnesty Hearings — East London — 1998-10-14

DANIEL MAHAYIYA: Yes, it was my livestock that was left behind.

MR MAPOMA: And you were no longer carrying out the headman's duties in Diketigana at the time, is that so?

DANIEL MAHAYIYA: We were still working as headmen because our time had not, we were not finished our term yet.

MR MAPOMA: Yes, apart from that you were not practically doing the duties as a headman for Diketigana at that time.  That's what I'm saying.

DANIEL MAHAYIYA: We would go to the offices to help people because we'd meet people at the Magistrate that needed help, therefore our duties were continuing.

MR MAPOMA: Now why did you go to the Gangqa family at night?

DANIEL MAHAYIYA: Because I was scared and I wanted to protect myself from the community and the youth.  I had to go at night then.

MR MAPOMA: Now your companion, was he armed?

DANIEL MAHAYIYA: No.  He just had a knife.

MR MAPOMA: Was he not a member of the Defence Force?

DANIEL MAHAYIYA: No, he was a member of the peace force but because there was no longer a peace force, he then lost his job.

MR MAPOMA: No further questions, Chairperson, thank you.
NO FURTHER QUESTIONS BY MR MAPOMA

ADV SANDI: Mr Mahayiya, is it true from what we have read in some these statements we've been supplied with, is it true that soldiers were assaulting people at your house?

DANIEL MAHAYIYA: I can't say it is so, Sir because what happened is the police would find these people in school halls and they were told not to do that.  They had their meetings there.  The police would then call the soldiers who were at the police station in Dimbaza and they then would come and chase everybody away.

ADV SANDI: Do you know Xolisi Maneli?  Was he killed in the same evening?

DANIEL MAHAYIYA: Yes, I do know him.

ADV SANDI: Was he killed on the same evening?

DANIEL MAHAYIYA: I heard about Xolisi Maneli after I was in jail, during my trial.  I heard that he died on the same night when I was there.

ADV SANDI: Thank you.

CHAIRPERSON: Mr Mahayiya, do you remember in the criminal trial you were defended by Mr Taljaard?

DANIEL MAHAYIYA: Could you please repeat the question, Sir?

CHAIRPERSON: Do you recall that you were defended at your criminal trial by Mr Taljaard?

DANIEL MAHAYIYA: Yes.

CHAIRPERSON: And you pleaded guilty to murder and two counts of attempted murder.

DANIEL MAHAYIYA: Yes.

CHAIRPERSON: And you signed a statement setting out the facts upon which you were convicted.

DANIEL MAHAYIYA: Correct.

CHAIRPERSON: In that document, that statement, do I understand it correctly that you said that you held this old man, I assume it is Champion Gangqa, responsible for you having lost your house and perhaps some of your stock and you went to that house to find him?

DANIEL MAHAYIYA: I have no - I never made such a statement.  I only heard from the police that Champion was also injured that night.

CHAIRPERSON: No.  You know you made a statement to Mr Taljaard and you signed and he handed in to the court.  I'm talking about that statement, where you said you had a problem with this old man who seemed to be related to the people living in the house where you shot this lady.

DANIEL MAHAYIYA: I don't remember such a statement.  Maybe I'm confused but I don't remember it.  Even about Mr Champion being in hospital I only heard during the trial.

CHAIRPERSON: Well, let's put it this way, that the Judge there in passing sentence indicated that you had a vendetta against a person who was apparently related to these people who were injured as a result of your actions that night.  Do you recall the Judge saying so?

DANIEL MAHAYIYA: Sir, I'm confused now.  I don't remember being asked such questions.

CHAIRPERSON: Okay, well let's leave it.  Let me ask you this, is it not so that you went to that house looking for a person with whom you had a problem?

DANIEL MAHAYIYA: No, Sir.

CHAIRPERSON: Why did you go there?

DANIEL MAHAYIYA: I went to Mr Champion ...[intervention]

CHAIRPERSON: For what?

DANIEL MAHAYIYA: I wanted to find out about my livestock, if he knew of anyone who had taken my livestock.

CHAIRPERSON: Why did you think he would have known?

DANIEL MAHAYIYA: He was always next to me.  When everything happened he would advise me.  We used to go to work but he didn't go to work and therefore he was overlooking our home.  I trusted him more than anyone in the community that time.

CHAIRPERSON: Mr Mapoma, have you got an address of Mr Champion Gangqa and Nokupumla Gangqa?

MR MAPOMA: Chairperson, I don't have it here now with the documents but they are here themselves.  I can just consult with them to get that.

CHAIRPERSON: Do that please.

MR MAPOMA: Okay.

CHAIRPERSON: Miss Collett, was Nokupumla injured?

MS COLLETT: Mr Chairperson, I believe she's one of the persons who had the attempted charge against him.

CHAIRPERSON: Was she physically injured or don't we know?

MS COLLETT: I don't know, it wasn't apparent from the record but she definitely did have a charge of attempted murder.

CHAIRPERSON: Ja, I know that.

MR MAPOMA: Thank you, Chair.  It's: P O Box 452, King William's Town.

CHAIRPERSON: Both of them?

MR MAPOMA: Both of them, yes, Chairperson but the correct name for the person who is referred as Nokupumla is Nozinzo Gangqa, the daughter-in-law to Champion and the deceased.

CHAIRPERSON: How do spell the name?

MR MAPOMA: N-O-Z-I-N-Z-O.

CHAIRPERSON: Miss Collett, I haven't given you an opportunity of further questioning if any.

MS COLLETT: I have no further questions.
NO FURTHER QUESTIONS BY MS COLLETT

CHAIRPERSON: Yes, Mr Mahayiya, thank you very much.
	Miss Collett, are there any other witnesses you'd like to call?

MS COLLETT: No, further witness, Mr Chairperson.

CHAIRPERSON: Then is that the application?

MS COLLETT: That is the application.

CHAIRPERSON: Mr Mapoma, have you got any witnesses?

MR MAPOMA: Chairperson, I don't intend calling the victims.

CHAIRPERSON: Miss Collett, would you like to address us?

MS COLLETT: Mr Chairperson, I think what I said at the beginning of my client's, upon what the application is based.  I have nothing further than that to add.

CHAIRPERSON: We'll adjourn for a brief period and will return.
WITNESS EXCUSED
COMMITTEE ADJOURNS
ON RESUMPTION