Amnesty Hearings — Durban — 1999-11-18

MANDLEKAHISE JOSESPH MKHIZE: I cannot be completely certain but he once came to us and informed us that he wanted a few young men who would go and be trained in the use of firearms, that is in the use of G3 firearms.  I declined to join this group, that is one action that convinced me that he was aligned to the IFP.  When we declined, some of us declined to join that group, we were then targeted for attack.

MR PANDAY: Okay, Mr Mkhize I'm going to now take you to the day of the 25th March 1993.  This is the day where the police had come to arrest you, right?  Now could you explain to the Committee the events that took place on that day and why you had launched an attack on the police?

MANDLEKAHISE JOSESPH MKHIZE: I will explain briefly.  The police would regularly pick me up because I had explained to the court that I can no longer go to court myself because some people would lie on the way for me.  The magistrate then advised me to contact the police who would assist me in getting to the court.  I did discuss the matter with the police.
	On a certain day a certain police officer, Mr Mnengbe, informed me that he would no longer be able to fetch me because the people from the farms were complaining and I informed him the reason for their complaint is that they want to kill me.  Mr Mnengbe said he was no longer going to pick me up.  I then realised that I would no longer be able to attend court because I had already informed the magistrate of my predicament, that is people lay on the way for me and they would be in a better possession to kill me if I went by myself.  That was when the warrant of arrest was issued for me.  Nonetheless, the police knew that I could not go to the court voluntarily or on my own because I was afraid for my life.
	So on the day I was supposed to attend court people would wait for me along the way and they would wait for anyone who passed by and if they encountered a person they would kill them.  That is how that warrant of arrest was issued against me for being absent at court but I was not absconding it's just that I had no other way to get to court.

MR PANDAY: Mr Mkhize, before you go on, you mentioned that people were wanting to kill you if you went to court alone. Why were these people wanting to kill you?

MANDLEKAHISE JOSESPH MKHIZE: It was for the reason that I supported the Mkhize group because they showed that they had conquered or they had captured the land after winning the war.  In that way we as the indigenous people of Empangisa who were born and bred there did not align themselves with them.  That is how the war started.

MR PANDAY: You talk about aligning yourself with them, who is them, aligning yourself with who?

MANDLEKAHISE JOSESPH MKHIZE: Mr Tandawasi's men.  He then went back to Bangisa.

MR PANDAY: Is that the IFP you refer to?

MANDLEKAHISE JOSESPH MKHIZE: That is correct.

MR PANDAY: Right now as a result of people wanting to kill you, you then escaped, is that correct?

MANDLEKAHISE JOSESPH MKHIZE: That is correct.

MR PANDAY: Mr Mkhize, now I'm going to take you to the day where you attacked police, where you fired shots at the police and where you threw a hand grenade at the police.  I want you to explain to the Committee why you attacked the police by shooting at them and throwing a hand grenade at them or in their direction?

MANDLEKAHISE JOSESPH MKHIZE: On that day I was keeping guard at Golo Park.  I done this to protect the community because a rumour heard that they were going to approach from a certain forest in the area.  I remained in a ...(indistinct) forest on the lookout for these people.  I waited there until dusk fell.  Thereafter I returned to the Ingite home.  They then prepared tea for me.  As I was still drinking tea I was with Vyasan Luluva.  The dogs started barking outside.  I then thought this must be the people I had been waiting for because the house was along the road so they wouldn't approach from that road.  I then decided to cock my firearm.  A person then kicked the door in.  I then realised this person was in a fighting mood so I started firing and then after that there was a load noise firing from all around.  I told everyone else to lie on the ground and I'd be the only person firing back.  It was obvious to me these people were heavily armed.  When I ran out of ammunition and I could hear from the sound that was going on outside that they were also running out of ammunition, they were changing cassettes.  I then found that the heaviest noise was coming from below.  I then decided to throw the hand grenade in that direction.  I was in a rondawel and I threw the hand grenade from the top of the rondawel and threw it to that direction where the loudest noise came from.  I then fell down to the ground and cocked my firearm again, ready.
	After throwing the hand grenade I heard a woman's voice screaming, "Mandle, these are the police, they are not the attackers."  I was surprised that they hadn't said anything.  Why didn't they announce themselves?  They were aware that there was fighting going on, why didn't they announce themselves and produce their badges?  Why should we have to exchange such gunfire?  
	The station commander then approached and he said "yes, we are the police" and I didn't understand because at the time there were people who went around killing people and they will do this in the name of the police so I did not believe him at first.
	Another police officer, Mr Njangasi, approached.  I knew this Njangasi well so I recognised his voice.  At that time I realised that these were the police and I thought of shooting myself and unfortunately I had run out of ammunition.  They then asked for everybody else to leave the room and I was afraid that they might shoot me because I was an ANC person so I was afraid to come out, I remained in the rondawel but then everyone else persuaded me to come out and not be afraid.  I then did so and I was apprehended outside the rondawel.  They then started assaulting me, asking me where the firearms were I had nothing else besides the one that was in the house.

MR PANDAY: Mr Mkhize, you mentioned that you were afraid that the police might shoot you because you were an ANC person.  Why would they shoot you just because you were an ANC person?  Why do you think they would have just shot you?

MANDLEKAHISE JOSESPH MKHIZE: In the Ambo tribal lands most people, that is the elders even the Inkosi, were all IFP members and the ANC was labelled as terrorists because sometimes you will see helicopters on the lookout for those terrorists so you would be killed if you were found out to be one of them.

MR PANDAY: And Mr Mkhize was there any relationship between the IFP and the police?