Amnesty Hearings — Durban — 1998-10-22

DUMISANI TOKIZANI SIBISI: I think it was towards the end of 1990 and there was violence in that area, people were being attacked and killed and myself as a member of the ANC, an activist of the ANC observed that we had funerals almost every weekend.
	We then decided that ourselves as members of the SDU, we then decided that we should ambush the people who were involved in perpetrating this violence because they used to shout at us and they would tell us that they are coming on such and such a day, we should expect them and they indicated that they are coming.  For example, they would say they are coming on Saturday and they would indeed come and kill people.
	A woman who was eight months pregnant was killed and we felt that something had to be done and we lay in ambush waiting for them to come so that we could attack them.  People had fled their homes, removing their furniture.  All women fled and settled in the bushes and then we decided that they should be attacked.

MR SAMUEL: Are you a member of any political party, Mr Sibisi?

DUMISANI TOKIZANI SIBISI: Yes.

MR SAMUEL: And which political party did you follow?

DUMISANI TOKIZANI SIBISI: The African National Congress.

MR SAMUEL: Are you still a member of the African National Congress?

DUMISANI TOKIZANI SIBISI: Yes.

MR SAMUEL: Now you mentioned that the SDU took a decision to ambush these people, were you a member of the SDU at that stage?

DUMISANI TOKIZANI SIBISI: Yes.

MR SAMUEL: I see.  Now you told this Commission that you wanted to stop the violence because certain persons were telling that they would come on a certain date or a certain day to attack you, could you tell the Commission of the identity of these people?

CHAIRPERSON: Is it necessary at this stage to stir up the past in that way?  Isn't it quite clear from the papers and the bundle you put before us that there was a very tense political situation in that area at the time?  I must say I am impressed by the way that certain of the victims when they made statements, admitted frankly that there was political tensions there at the time.
	The applicant has said the same thing, and I don't know that it would serve any useful purpose to stir up again which we all know hope is something of the past, that we are now working together, living together in the new South Africa and we hope that we will forget the violence of the past.

MR SAMUEL: I withdraw that question, Mr Chairman.
	In this regard then, after the Commission has accepted the bundle of documents, I submit that this is the application on behalf of the applicant in this matter, unless there is any other questions that need to be asked.

CHAIRPERSON: Mr Prior?

ADV PRIOR: Thank you.  It seems clear that he endorses his application and the facts upon which particularly his indictment was framed.  In other words without re-canvassing all the facts, that they were part of this ambush.  I possibly just need to canvass two or three aspects.
	It's common cause, Mr Sibisi, that the vehicle of the deceased and his companions was stopped on the Sykor Bridge by means of a tree or a log that had been placed across the road, is that correct?

DUMISANI TOKIZANI SIBISI: No, that is not correct.

ADV PRIOR: Well how did you stop the vehicle?

DUMISANI TOKIZANI SIBISI: We threw some petrol bombs at the car and we approached.

ADV PRIOR: And the petrol bombs exploded, is that correct, causing a fire?

DUMISANI TOKIZANI SIBISI: That is correct.

ADV PRIOR: How were you armed on that day, did you have a weapon?

DUMISANI TOKIZANI SIBISI: We were carrying the self-made guns.

ADV PRIOR: And your group, was it yourself, Cele and others?

DUMISANI TOKIZANI SIBISI: That is correct.

ADV PRIOR: How many others?

DUMISANI TOKIZANI SIBISI: There were many of us but there were five of us when we conducted this ambush.

ADV PRIOR: And it's correct that you've accepted that Mr Madiba and Mr Mthembu were killed and I think Mr R B Dube sustained burns on his body as a result of this attack?

DUMISANI TOKIZANI SIBISI: Yes, that is correct, some people got injured.

ADV PRIOR: Thank you, Mr Chairman.
NO FURTHER QUESTIONS BY ADV PRIOR

CHAIRPERSON: No further questions by the Committee.

MR SAMUEL: Mr Sibisi, what is your attitude at the present moment, have you changed your attitude, do you apologise for what you have done?

DUMISANI TOKIZANI SIBISI: Yes, I have actually come here before the TRC Amnesty Committee to ask for amnesty.  I'm very sorry and I am appealing to them to forgive me.  I am very sorry about what actions I did.  I feel sorry for the next-of-kin of the deceased.  Thank you.

MR SAMUEL: Mr Sibisi, it was indicated by the convener that one of the victims' wife, spouse, would like to speak to you after this hearing, are you willing to go to her and apologise and speak to her?

DUMISANI TOKIZANI SIBISI: Yes, I would like to speak to her but not in camera.  This is for my own safety.

SISI KHAMPEPE: Mr Samuel, do you intend to lead any further evidence?

MR SAMUEL: No, Your Worship.

SISI KHAMPEPE: Is this the end of your client's case?

MR SAMUEL: That was the case for the applicant in this matter.
NO FURTHER QUESTIONS BY MR SAMUEL
WITNESS EXCUSED

ADV PRIOR: Mr Chairman, would it be opportune for me just to place on record the particulars of the victims?  They are very short particulars.  I do have some notes here, if that could be handed up.

CHAIRPERSON: ...[inaudible]

ADV PRIOR: Can I maybe just place it on record and then hand up the notes.  They were taken by the briefer as correct
MRS MABEL MADIBA whose late husband, JOSEPH MADIBA was one of the deceased.  He had worked for Sykor as a machine operator.  He was the breadwinner.  He left five children behind, they youngest is now presently in Grade 4, the second-youngest is in Grade 7 and the third in Standard 9.
	MRS THEMBISILE MTHEMBU, wife of one of the deceased is also unemployed.  Her husband, KHIJA MTHEMBU was a builder at the Sykor plant.  He left six children, four of them are still schooling, the youngest is in Grade 2.
	MR R B DUBE who is present was a worker at Sykor.  He was a front seat passenger in the vehicle.  He received hospitalisation for two months as a result of extensive burns that he sustained.  He bears the scars today.  His body is from the head to his legs and arms and torso, covered in quite bad scarring.  I witnessed that myself.  He is married with three children.
	Then there are two other gentlemen, MR AFRICA MBELE AND MR AARON MBELE who were supervisors at the Sykor plant, sorry worked for the Supervision Services at Sykor.  They managed to escape the attack.  They were at the rear of the vehicle of the bakkie and they were not injured in any way.
	I would ask leave to hand up that list and ask the Committee to refer these persons to the Committee for Reparations, thank you.
	I have no further evidence to place before the Committee, Mr Chairman.

CHAIRPERSON: Can either of you gentlemen tell me, is there a copy of the indictment anywhere?

ADV PRIOR: The indictment appears at page 44 of the bundle and the Summary of Substantial Facts at page 48.

CHAIRPERSON: ...[inaudible]

INTERPRETER: The speaker's mike is not activated.
F I N D I N G	22.10.1998

CHAIRPERSON: The applicant in this matter seeks amnesty in respect of two counts of murder, four counts of attempted murder ...[intervention]

SISI KHAMPEPE: ...[inaudible]