Amnesty Hearings — Richards Bay — 1998-04-14

BRIAN QUNA MKHIZE: We looked for him that night because Captain Langeni on the phone was very angry, he was concerned about the damage that this would have on the image of the organisation.  This would have very bad political repercussions and we undertook to look for him.  He wanted him dead before the end of the day.
	We looked for him until we came across him at the main road next to the College.  He was actually headed towards his home, and we were moving towards the opposite direction.  We made a U-turn and followed him.
	There was myself, Romeo and (indistinct) Matenywawya in the vehicle in which we were travelling.  On following him we realised that he was headed for his place and we took a different road whilst he proceeded straight ahead towards a school that was painted yellowish, a school that taught people sewing.
	He proceeded on that road because that is where his house was, and we took the road to our right and met him ahead.  (Indistinct) Matenywa offered that he was going to shoot him and we indicated to him that he is armed, you will not be in the position to do it and he insisted that he would shoot him.
	We asked him what certainty he has and he said he would wish to be given a chance.  We knew that he was very good with firearms but unfortunately he had only five bullets.  We tried to give him another pistol, but he wanted this one particular AK47 that had five bullets.
	When we reversed, there is these electricity transmitters, the ones that you find in the streets, (indistinct) Matenywa himself was shot and he hid himself behind one of these electric transmitters, the one that was just next to Sergeant Khumalo's gate and Sergeant Khumalo would have to park at the gate and wait for the gate to be open and (indistinct) hid himself behind this electric transmitter.
	We proceeded, dropped Matenywa and came back and went back to the school, parked the car at the school to which I referred earlier and we walked back, approaching and as we were approaching, we heard gunshots, single shots were being fired.
	On shooting him, he did not give him a chance to withdraw his own and as Sergeant Khumalo was still waiting for the gate to be opened, there came two men.  They seemed to be from the same family, the Mabiga family and as the other one was getting nearer to Sergeant Khumalo, who was still sitting inside the car holding the steering wheel, Mabiga approached to speak to Khumalo.
	(Indistinct) Matenywa started shooting when Sergeant Khumalo was shooting to this Mabiga person, and the other one was standing at a distance.  As Matenywa was shooting it hit Khumalo and Mabiga.  Both of them were hit.
	The aim was not to shoot Mabiga, but instead to shoot Khumalo.  I had also lost control because we were still approaching, we were not within the immediate place so that I was not in the position to say this is not the opportune time to shoot because we have a second person on the scene.
	Before I arrived on the scene, he started shooting.  Sergeant Khumalo did not exchange fire, he had two firearms, a pistol and a rifle, and he was still talking to Mabiga and as a result he just died there in the car.
	Matenywa ran away towards our direction and we too were at the kind of direction where Matenywa was on the other side of the electricity transmitter and we just stood there.  We did not even get nearer, but yes, indeed the two of them were shot that way.

MR WILLS: Now, you say that you reported this again to Major Langeni?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: What was his response?

BRIAN QUNA MKHIZE: He was delighted about this, because he had earlier on indicated how dangerous Khumalo is at a meeting and he was quite unpleased.  He went on to say if Khumalo is not stopped, he would continue and the organisation would be hurt.

MR WILLS: Yes, now is this another one of these unsuccessful kwaZulu Police investigations?

BRIAN QUNA MKHIZE: Yes, this case was not prosecuted.  I would say no one was prosecuted for this case, it is something that just disappeared, nobody was arrested.
	It was ourselves who was responsible for it as I have just explained.

MR WILLS: Do you think that there was a knowledge amongst the Policemen at the kwaZulu Police station that you and other persons were involved in the activities that you have been describing over the last few hours?

BRIAN QUNA MKHIZE: Yes, as I have already explained that the ANC had already planted certain persons at the Police station, and at that way there were Policemen who knew what was happening, but it was difficult for them to speak out or expose it, because people knew what dangers that would involve.
	But yes, indeed there were Policemen who knew what was happening.  They saw what was happening.

MR WILLS: I am not just referring to the Policemen who might have been or were alleged to have been sympathetic towards the ANC, I am referring to the Policemen who were just normal Policemen in the kwaZulu Police station, did they know, do you think, what you were doing, or generally what you and your group were up to?

BRIAN QUNA MKHIZE: Yes, there were some Police who knew that there were Israels, but they didn't have the necessary details.  Such ordinary Police would not have all the necessary information.

SISI KHAMPEPE: Mr Wills, may I interpose?  Was this incident, this is the Khumalo murder, ever reported at all at your Police station to your knowledge?

BRIAN QUNA MKHIZE: Yes, it was reported at the kwaZulu Police station.  It was reported because if I still remember very well, after having killed him, I remember I went to the Police station that night, and from the Police station we went to check at the scene of the murder.

SISI KHAMPEPE: And was Mr Mbambo involved at all in the cover up operation for this particular incident?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: Mr Mkhize, we are going to proceed now to the incident on page 117 of the record, your paragraph 87, that is the murder of the COSATU bus driver, Myale.
	What was the attitude of the persons, the leadership that you were dealing with in the IFP, what was their attitude towards members of COSATU and COSATU as an organisation?

BRIAN QUNA MKHIZE: They did not perceive COSATU as a trade union, they saw it as a wing of the African National Congress because it was a structure that involved a lot of people and this is where the ANC got their support.
	Within the IFP we knew COSATU as just another wing of the ANC, it was actually the ANC itself, realising the objectives and the aims of the African National Congress.

MR WILLS: Now, you talk here about in your affidavit, that in early 1993 you were at Mrs Mbuyasi's house when Chief Mataba arrived and he wanted to speak to you specifically.  Can you proceed from there?