Amnesty Hearings — Durban — 1998-03-26

MR BRINK: Mr Chairman this is the application of Thulani Mzokhona Myeza.

MR ALBERTS: Mr Chairman my surname is Alberts: Nel, Coetzer, van Dyk in Durban.   I will be appearing on behalf of the applicant.

CHAIRPERSON: What are your initials Mr Alberts?

MR ALBERTS: H L.

CHAIRPERSON: Are you calling the applicant?

MR ALBERTS: That is correct.

MR BRINK: Mr Chairman just before he does so I may indicate that Mrs Zikhali is here. That is the widow of one of the deceased and I am informed that she opposes the application.

CHAIRPERSON: Well when the time comes you will put forward her views to us.

THULANI MZOKHONA MYEZA: (sworn states)

MR ALBERTS: Mr Myeza tell us where were you born?

THULANI MZOKHONA MYEZA: In Gezinsila location, Eshowe.

MR ALBERTS: Can you tell us something about your family, do you have brothers and sisters.

THULANI MZOKHONA MYEZA: Sorry.

MR ALBERTS: Tell us something about your family, do you have brothers and sisters?

THULANI MZOKHONA MYEZA: I have a mother, two brothers and two sisters.  My brothers are Nicholas and Vincent.  My sisters are Noxolo and Jabu.  I am the eldest.

MR ALBERTS: I see you also mention a brother Mbeki Myeza who died in 1996, how did he die?

THULANI MZOKHONA MYEZA: I was in detention when he died.  I do not know how, but I was told that he was sick.

MR ALBERTS: Tell us how did you get involved with the IFP?

THULANI MZOKHONA MYEZA: There was violence in Eshowe between the IFP and the ANC.  I then got into contact with the IFP leader in the location, Mr Dlulane.  At that time, I ...[intervention]

CHAIRPERSON: Can you just give us the name of this person again, Mr who?

THULANI MZOKHONA MYEZA: Mr Dlulane Nyawuza.  He is the driver of uMntwana Gideon.

MR ALBERTS: Why did you get in touch with him?

THULANI MZOKHONA MYEZA: We planned that we had to attack the ANC  supporters who intended to disrupt the election in the location Eshowe.  We then agreed to do that.

CHAIRPERSON: You talked about doing what to ANC members?

THULANI MZOKHONA MYEZA: We had to shoot them because they were also shooting the IFP members.

CHAIRPERSON: Sorry I didn't get the interpreter.  You talked about doing what to the ANC members?

INTERPRETER: ...(inaudible)

CHAIRPERSON: Stamping out?

INTERPRETER: Yes.

CHAIRPERSON: Thank you.

THULANI MZOKHONA MYEZA: We started attacking them.  Mr Nyawuza would drive me in his Mazda, and leave me at a certain place, where I would shoot people.  I was with another boys from Enseleni, namely Vusi Myeza and Phazimani ...[intervention]

CHAIRPERSON: When you arrived where?

THULANI MZOKHONA MYEZA: When we arrived at Nyanini, we destroyed there because they had killed Mbeshe Mahaye.  He was killed near the bottle store.

MR ALBERTS: Mr Myeza I just want to take you back to your joining of the IFP.

THULANI MZOKHONA MYEZA: I joined the IFP when we were paying for the cards.  That was long ago.  In the beginning of the 90's we were given another card written Inkatha Freedom Party.

MR ALBERTS: What was your reason for initially joining the IFP?

THULANI MZOKHONA MYEZA: I joined the IFP because the people in the area where I was living belonged to the same party.

MR ALBERTS: When you grew up did you grow up in the traditional Zulu way or did you grow up in a western style?

THULANI MZOKHONA MYEZA: Traditional way.

MR ALBERTS: Did you also comply with the Zulu customs for example slaughtering animals and having the traditional ceremonies?

THULANI MZOKHONA MYEZA: Yes.

MR ALBERTS: The first incident that you apply for amnesty for is the killing of Mr Zikhali. Can you give us the detail of how that happened?

THULANI MZOKHONA MYEZA: Yes.  Mr Dlulane who was the leader of the IFP in the location took us to the Security Branch policeman, Thusi's house.  I was with Vusi Myeza ...[intervention]

CHAIRPERSON: I think that rather that we have a sequential account, so if possible put your questions in such a way that you go step by step. I have an idea we are getting a somewhat disjointed explanation.  Let's just talk about when was the decision taken to attack Zikhali, who took that decision, how was it taken, and then proceed as to precisely what was done. Very well.

MR ALBERTS: Yes Mr Chair.

CHAIRPERSON: Will you please do that?

THULANI MZOKHONA MYEZA: The decision to kill Mr Zikhali was taken when we had a meeting.  We had to plan how we were going to shoot him because he was eluding us.  We had been looking for him for some time.

CHAIRPERSON: Just hold on. I want you to understand that what you are saying has to be translated to us in English so you have to talk in such a way that you give the translator time to translate what you are saying. Do you understand?

THULANI MZOKHONA MYEZA: Okay.

CHAIRPERSON: And I think that the translator, she finds or he finds that his evidence is being given too fast he or she should remind the speaker to slow down.

MR ALBERTS: Mr Myeza when you had this meeting ...(intervention)

CHAIRPERSON: He said: "We took a decision to kill him."  I think that you should ask him now who is we.

MR ALBERTS: Indeed Mr Chairman that is exactly my question now.
	When you took this decision who was at that meeting?

THULANI MZOKHONA MYEZA: Mr Nyawuza was chairing the meeting.  The people who were present were Vusi Myeza, Sbu Zuma and myself.

MR ALBERTS: And who was the person leading this meeting?

MR MALAN: Just before you get there ...[intervention]

THULANI MZOKHONA MYEZA: Mr Nyawuza was given instructions.

MR ALBERTS: And what was decided at this meeting?

MR MALAN: Just before you get to the decision, who were these people, who was Dlulane?

THULANI MZOKHONA MYEZA: Sorry?

MR MALAN: Who is this Mr Nyawuza Dlulane?

THULANI MZOKHONA MYEZA: He is the driver of uMntwana Gideon.  He was the leader of the IFP in Gezinsila location.  I reported to him when I came to the location and the IFP members whose houses had been burnt were accommodated by him in his scrap yard.  He was also providing them with food.

CHAIRPERSON: And who was Sbu Zuma?

THULANI MZOKHONA MYEZA: Zuma was just an IFP member.  He was staying at Mandini.

CHAIRPERSON: Very well take it from there.

MR ALBERTS: Thank you Mr Chairman.
	Why was the decision taken that Mr Zikhali had to die, what was the reason for that?

THULANI MZOKHONA MYEZA: Mr Zikhali was the ANC member.  People from Nyanini who were ANC members could no longer enter the location at that time, but Mr Zikhali used to drive his car, fetch the people from Nyanini and bring them in the location.

MR ALBERTS: And when he came into your area what did he do?

THULANI MZOKHONA MYEZA: After bringing these boys in the location, IFP members would than be killed.

CHAIRPERSON: Just explain this to me, because the deceased would come into your area which is an IFP area people would die. What does that mean, how would people die just because a man came there?

THULANI MZOKHONA MYEZA: Mr Zikhali was not the one who was doing the shooting.  This was done by the people he brought in the location from Nyanini.  At 10 pm, Mr Zikhali used to go fetch the Kentucky/Chicken Licken staff members from their place of the employment in town.  He would then visit his girlfriend who stayed at Ntuli cottages.

MR ALBERTS: And did you have information stating that or is it just a suspicion that you had?

CHAIRPERSON: What did you see it?

MR ALBERTS: Or did you see that happen?

THULANI MZOKHONA MYEZA: This was not just a suspicion.  He used to bring people in the location.

MR ALBERTS: Did you see that happen or did you get information from somewhere else?

THULANI MZOKHONA MYEZA: I once saw him doing it.

MR ALBERTS: Okay and what was the decision taken at ...(intervention)

MR MALAN: Sorry just before you. What did you see happening, him bringing people into the area or killing people in the area?