Amnesty Hearings — Durban — 1997-08-04

ZAMASWAZI TANDI MKHIZE: It has never happened that there was a UDF meeting but what used to happen was, there were certainly youths, run-away youths or some youths who were arrested during the State of Emergency,  they were harassed by the police and they used to run to my husband's place.  We used to hide these children because we could not chase them away because that was the situation.   If you could give refuge to any children who were being chased or wanted by the police - because at that time the ANC was unbanned and Mkhize used to sympathize with the UDF as well as the ANC but he was not politically active.

MR DIAZ: To recall, the applicant as having spoken of a red Chevrolet that your husband had, did your late husband had at the time he was killed, would you confirm that?

ZAMASWAZI TANDI MKHIZE: Yes, he did own a Chevrolet but at the time of his death, the Chevrolet had long been sold.

MR DIAZ: Was the Chevrolet sold in February 1988?

ZAMASWAZI TANDI MKHIZE: The last time I got into it was when I had gone to hospital to undergo an operation and the car was sold whilst I was in hospital because I remained at the hospital for quite some time. By the time I came back from hospital the Chevrolet was sold already.  He fetched me in a tax or in a E20 and he told me that he had sold the red Chevrolet and he had bought a Ford Cortina with a sun roof.

MR DIAZ: Your husband died on the 15th of July 1988, is that correct?

ZAMASWAZI TANDI MKHIZE: That is true.

MR DIAZ: And at the time of his death he had a blue Ford Cortina and a maroon Peugeot?

ZAMASWAZI TANDI MKHIZE: That is true.

MR DIAZ: But he used the blue Ford Cortina more often, did he not?

ZAMASWAZI TANDI MKHIZE: That is true.

MR DIAZ: Do you recall the applicant as having said that you called Djamile's house after your husband was shot and made a report to them about the death of your husband as is contained in paragraph 22 of his affidavit?

ZAMASWAZI TANDI MKHIZE: I don't know what time he's referring to because on Friday - whether - because he was shot on Friday the 15th or maybe he's referring to another day, I do not know.

ZAMASWAZI TANDI MKHIZE: But did you ever go to Mr Djamile's house after your husband died to make a report relevant to your husband's death?

ZAMASWAZI TANDI MKHIZE: Yes, after he had been killed I used to go to Djamile's place because at that time we were not aware as to who had killed my husband and Djamile used to phone and ask me as to whether I knew as to who killed my husband.
	At that time I was not aware so I used to go to Djamile's place.  And when I got to Djamile's place, we were buying a vacant stand from him and the installment used to be paid directly to him and I would go every month end to Djamile's place to pay the installment.

MR DIAZ: Mr Chairman and members of the Committee, that's the evidence of this witness, thank you.
NO FURTHER QUESTIONS BY MR DIAZ

CHAIRPERSON: ...(inaudible) questions?

MR SHANGWENI: No questions Mr Chairperson.

MR BRINK: Very briefly, Mr Chairman.
Mrs Mkhize, your husband was an activist, he was an active UDF supporter wasn't he?

ZAMASWAZI TANDI MKHIZE: He used to say that he like the UDF.

MR BRINK: But was he active in the UDF?

ZAMASWAZI TANDI MKHIZE: As a business man he did not have time to go to meetings but whenever the children came looking for cars, he used to give them cars especially after Mrs Mkleni had been killed.  They came and asked for the car keys so that they could go to the memorial service as well as the funeral and they would bring the keys back.  I think what I would say is, he was a sympathizer.

MR BRINK: Do you think his activities and his sympathies were well known in the community?

ZAMASWAZI TANDI MKHIZE: It is possible.

MR BRINK: Thank you Mr Chairman.
NO FURTHER QUESTIONS BY MR BRINK

ADV DE JAGER: As far as you know, was there only one person involved in the shooting or were there more than one when your husband was shot?  Could perhaps your - I see your child begged to save hi life, did he tell you whether he saw more than person or only one person?

ZAMASWAZI TANDI MKHIZE: I do not know because when I got to the scene, I saw no-one and by the time I got there people were now milling around and I came across my brother Bheki, coming towards my direction and he told me that they had already shot my husband and Phiso was screaming asking as to why his father was being killed. And  when I asked as to who had killed his father, he said he did not see but he was begging for his own life.

CHAIRPERSON: Yes, thank you very much, you are excused.
Do you have what we normally call in legal parlance, a short witness we might sandwich in?

MR DIAZ: Indeed, I was just about to concede to that Mr Chairperson.  Mrs Pilesile Kuzwayo.

CHAIRPERSON: Mrs Kuzwayo, will you please just stand and raise your right hand.

PILESILE KUZWAYO: (sworn states)

MR DIAZ: Thank you Mr Chairman.
Mrs Kuzwayo, you are the surviving spouse of the late Zazi Kuzwayo, is it not?

MRS KUZWAYO: That's correct.

MR DIAZ: Your testimony however is relative to Mrs Tandi Mkhize, the surviving spouse of Mandla Mkhize, the late Mandla Mkhize?

MRS KUZWAYO: Yes, that's correct.

MR DIAZ: You were in the company of Mrs Tandi Mkhize, the last witness during the trial relative to the applicant and one Djamile, when you heard the applicant make certain admissions, correct?

MRS KUZWAYO: Yes, that's correct.

MR DIAZ: Will you please tell this Committee about that incident, starting from how it came about that the applicant spoke to you sorry, to Mrs Mkhize?

INTERPRETER: There's a buzzing noise.

CHAIRPERSON: Can she hear if you speak, nobody has talked to her yet?

ADV DE JAGER: Can you hear me?

INTERPRETER: She can't hear anything.

MR DIAZ: Can you hear us now?  Can you hear us?

INTERPRETER: She doesn't seem to be hearing anything.

MR DIAZ: I think it's number one.

INTERPRETER: It's on channel three.  Channel three.  Maybe it might do if we change the channels.

ADV DE JAGER: We have an English on three.

INTERPRETER: Yes, she can hear.

MR DIAZ: Thank you Mr Chairman.  Mrs Kuzwayo, perhaps I should just take you briefly through it.  During the course of the trial relative to the applicant and Djamile, you and Mrs Tandi Mkhize were on your way to the toilets when you heard a voice calling sister Tandi, sister Tandi, do you remember that?

MRS KUZWAYO: Yes, I do remember that.

MR DIAZ: You continued to the toilet and you beckoned to Mrs Mkhize, calling her away from the voice but she insisted on listening to the person who called her, correct?

MRS KUZWAYO: Yes, that's correct.

MR DIAZ: You do not know what the person who called her said to her until much later when you returned from the toilet and you saw Mrs Mkhize on her back, distressed, distraught, hysterical, correct?

MRS KUZWAYO: Yes, that's correct.

MR DIAZ: At that stage Mrs Mkhize made a report to you about the person that spoke to her and what he had said?

MRS KUZWAYO: Yes.

MR DIAZ: What did Mrs Mkhize tell you?

MRS KUZWAYO: I went to the toilet and Mrs Mkhize proceeded to the place where she heard the voice coming and when I came back from the toilet, I found her crying and I asked her as to why she was crying.  She explained to me that the person who called her was telling her that he actually heard her asking him as to why he killed Mr Mkhize, so the person was answering back that he didn't.
	Mrs Mkhize was crying and I comforted her, I told her not to cry and I told her to report this matter to the police.  We went and we told others and I told others that Mrs Mkhize was crying.  I didn't go there, I went inside a certain Kombi which was parked outside and I explained the whole thing to a neighbour of mine.  
	The next day we were asked to put statements as to what happened outside the Supreme Court.  We gave our statements and another day during the same week, I was a witness in court.