Amnesty Hearings — Durban — 1999-11-16

BONGNKOSI ELVIS ZULU: The reason I got involved, it was because I was one of the residents of that area where there was violence.  I saw the reason for me to be involved.  I saw the need that I was supposed to be involved in order to protect ourselves.

UNKNOWN: Who planned this incident?

BONGNKOSI ELVIS ZULU: Mr Hlongwane and Commander Nzimande.

UNKNOWN: Do you know where Commander Nzimande is now?

BONGNKOSI ELVIS ZULU: I heard when I was incarcerated that he had been killed in the violence.

UNKNOWN: And what was it that Mr Hlongwane told you or how was it that he planned this incident?

BONGNKOSI ELVIS ZULU: Mr Hlongwane approached us and he said we were going to go and rob the factory and get guns in order to protect our community.  We agreed because we saw the need for us to get guns in order to protect ourselves and the community.

UNKNOWN: Did Mr Hlongwane ever mentioned to you as to whether he received any specific instructions from anybody?

BONGNKOSI ELVIS ZULU: Yes, he did.

UNKNOWN: And who was this that he got instructions from?

BONGNKOSI ELVIS ZULU: Mr Msheshe Nzimande.

UNKNOWN: Did Mr Hlongwane ever mention to you about any other plan that may have been in place?

BONGNKOSI ELVIS ZULU: Yes, he mentioned two plans, one was the police station and the other one was the Natal Luggage.

UNKNOWN: Were you carrying any weapons in regard to this particular incident that took place at the luggage factory?

BONGNKOSI ELVIS ZULU: Yes, I had a knife.

UNKNOWN: And where did you get this knife from?

BONGNKOSI ELVIS ZULU: Mr Hlongwane brought two guns and one knife.

UNKNOWN: And did he tell you when or how these guns or this knife was to be used?

BONGNKOSI ELVIS ZULU: The intention of carrying those weapons was to frighten the people that we were going to rob so that they would be more inclined to hand over the money.

UNKNOWN: And where was this money going to be taken?

BONGNKOSI ELVIS ZULU: It was going to be taken to the Commander Mr Nzimande and he would thereafter arrange for the acquisition of firearms and ammunition.

UNKNOWN: Since you've been imprisoned in this matter, have you had contact with Mr Hlongwane?

BONGNKOSI ELVIS ZULU: I last had contact with Mr Hlongwane in 1994 or early 1995.

UNKNOWN: Is this after the trial was ...(indistinct)?

BONGNKOSI ELVIS ZULU: Yes.

UNKNOWN: Since then, have you ever been in contact with him?

BONGNKOSI ELVIS ZULU: No, we are in different prisons.

UNKNOWN: Which prison were you in?

BONGNKOSI ELVIS ZULU: At Ncama prison, near Vryheid.

UNKNOWN: Have you applied for amnesty in regard to this incident?

BONGNKOSI ELVIS ZULU: I did not have information.  I was expecting for somebody to inform me that we could, thereafter I would have.

UNKNOWN: So you did not apply for amnesty, is that it?

BONGNKOSI ELVIS ZULU: No.

UNKNOWN: Thank you, I have no further questions.
NO FURTHER QUESTIONS BY MR HARKOO

CHAIRPERSON: Thank you Sir.  Mr Mapoma, questions?

MR MAPOMA: I have no questions Chairperson, thank you.
NO QUESTIONS BY MR MAPOMA

CHAIRPERSON: The Panel?

UNKNOWN: Yes, just one.  Do you know Mr Maibooi Vincent  Mahlahla?

BONGNKOSI ELVIS ZULU: Yes.

UNKNOWN: What do you know about him?

BONGNKOSI ELVIS ZULU: He was from our area.

UNKNOWN: Was he involved in any political organisation as far as you know him?

BONGNKOSI ELVIS ZULU: As far as I know, we were together in the same organisation, the ANC.

UNKNOWN: Do you know Mr ...(indistinct) Khosana?

BONGNKOSI ELVIS ZULU: No.

UNKNOWN: Thank you.  Thank you Chair.

ADV BOSMAN: I have no questions.

CHAIRPERSON: Re-examination?

UNKNOWN: I have no re-examination.
NO FURTHER QUESTIONS BY MR HARKOO

CHAIRPERSON: Yes, Mr Zulu, you're excused, thank you.
WITNESS EXCUSED

CHAIRPERSON: Yes, Mr Harkoo.

UNKNOWN: I have no further evidence to lead.

CHAIRPERSON: Is that the case for the applicant?

UNKNOWN: That is the case for the applicant.

CHAIRPERSON: Very well.  Mr Mapoma, any witnesses?

MR MAPOMA: Chairperson, I have no witness, but I would at this stage indicate, Chairperson, that one of the persons who was affected by the armed robbery is Mr Naresh Shruland who has indicated, upon having been notified, that he won't attend the hearing, but he has sent a document dated 16 November 1999, a fax, and has asked the Committee to take it into account when making a finding.  I would, for that purpose, hand in this document, Chairperson, and asked it to be labelled as Exhibit A.

CHAIRPERSON: Yes.  Have you got that Mr Harkoo?

UNKNOWN: Yes, I do have it.

CHAIRPERSON: Have you got any objection to this being Exhibit A?

UNKNOWN: I have no objection.

CHAIRPERSON: Very well.  Exhibit A is the letter dated 16 November 1991 from Naresh Shruland.  Yes Mr Mapoma.

MR MAPOMA: As the Chairperson pleases.

ADV BOSMAN: Mr Mapoma, may I just inquire, the other victim Mr Rystoff, was he notified of the hearing?

MR MAPOMA: Perhaps I may help to explain.  The thing is,
Chairperson, the Investigative Unit identified these victims but the problem that it had is to locate them and we ended up notifying them through the media and it is out of that media notice that Mr Shruland responded, so they have not responded, the others.

ADV BOSMAN: Thank you.

CHAIRPERSON: Yes, Mr Harkoo, have you got any argument on the merits of this case?

UNKNOWN: Yes, thank you Mr Chairman.