Amnesty Hearings — East London — 1998-10-14

CHAIRPERSON: Ja, but was she an activist?

DANIEL MAHAYIYA: I can say her children were taking part and she was helping them.

CHAIRPERSON: Mr Mahayiya, do you understand the question?  Was she an activist, the person you killed?

DANIEL MAHAYIYA: Yes, there were things that she was doing at the time and in the toyi-toyi's she would be seen there toyi-toying.

CHAIRPERSON: Did you see her?

DANIEL MAHAYIYA: Many times - I've seen her many times.

CHAIRPERSON: Toyi-toying?

DANIEL MAHAYIYA: On this day of Chris Hani's funeral, she was among the women who were there.  I cannot say that that was the influence because people would be harassed by youth and even the mothers would be harassed by their own sons.

CHAIRPERSON: Look, let's not play around with words.  The deceased, your brother's wife that you say you shot because you were angry because she prohibited you entry into the house, all I'm trying to find out was whether she did anything to you before that day or did you think she was a threat to your political position, before that day when you shot her?

DANIEL MAHAYIYA: What made me to say like this, her husband sometimes if he happened to visit me he would attack Ngonyana and he would also ask him what was he doing there at my place because the people did not want me.  I could see that there was a division among my relatives, that other people were supporting the ANC.

CHAIRPERSON: Mr Mahayiya, do you understand my question?  That lady you shot that day because you were angry with her, before that day did she do anything to you in your capacity as a headman?

DANIEL MAHAYIYA: Nothing.  She did nothing.

CHAIRPERSON: So there was no reason for you to feel threatened by her, before that day?

DANIEL MAHAYIYA: There was no reason.

CHAIRPERSON: And your headmanship was not threatened by anything she could or would do, not so?  Correct?

DANIEL MAHAYIYA: I cannot say that because many people were harassed by their sons and they turned, they changed and each and everyone changed and they did not trust the headman, and I was also among those.

CHAIRPERSON: But by the time you shot her you had no reason to believe that she would do anything to you in respect of your headmanship, correct?

DANIEL MAHAYIYA: Yes, that is correct.

CHAIRPERSON: So the simple thing that happened is that you went there wanting to see your brother and she told you: "You're not welcome here, you are being prohibited from entering this house".  You got angry and you shot her.  Do I understand you correctly?

DANIEL MAHAYIYA: Yes, that is correct.

CHAIRPERSON: Yes, thank you.

MS COLLETT: Thank you.
	Did you consider her as an enemy towards the headmanship that you held?

DANIEL MAHAYIYA: Yes, because each and everyone in the community were regarding headmen as enemies.

CHAIRPERSON: What about those people you used to help then?  If each and every person in the community were regarding you as an enemy, why didn't you give it up?  You told me that you didn't give up this headmanship because there were people who relied on you and you were helping, is that not so or did I misunderstand you?

DANIEL MAHAYIYA: Please repeat the question, Sir.

CHAIRPERSON: You say that you thought that the deceased was an enemy because each and every member of the community had a problem with your headmanship, but yet earlier you told me that you did not give up this headmanship despite all these problems that it gave you because there were still members of the community who relied on your assistance, now what is the truth?

DANIEL MAHAYIYA: Yes, that is correct.

CHAIRPERSON: Now how can you say that this lady, the deceased, could be regarded as your enemy when you in fact said she did nothing to you and you at the time you shot her had no reason to believe that she was a political threat to you in your capacity as a headman?

DANIEL MAHAYIYA: I did not have a problem with Mrs Gangqa but the situation was getting worse all the time because it did not end there, when the headmen's houses were being burnt down.  Everything was just out of control and even the public servants were in problems.  Most people changed because of the situation.

CHAIRPERSON: But you never shot her because of that, you shot her because you were angry when she told you you were not allowed into the house, correct?

DANIEL MAHAYIYA: Yes, that is correct.

CHAIRPERSON: And that is the only reason you shot her, am I correct?

DANIEL MAHAYIYA: Yes, that is true.

CHAIRPERSON: Yes, Miss Collett?

MS COLLETT: Did you feel rejected by her?

DANIEL MAHAYIYA: Yes, it became clear on that particular day that she did not like me.  She didn't like me.

MS COLLETT: Why was she rejecting you?

DANIEL MAHAYIYA: Perhaps it was the influence from what was taking place because the youth would come back and attack the people who were supporting that group of people.

MS COLLETT: You mean supporting the headmen?

DANIEL MAHAYIYA: Yes, the people who were collaborating with the headmen.

MS COLLETT: Now prior to you becoming a headman, had you been rejected by this family?

CHAIRPERSON: Even if his answer is "yes", of what relevance is it whether they rejected him or not?

MS COLLETT: If I could be given some latitude I will try and establish some link here.

ADV DE JAGER: Sorry, could I just ask a question.
	Mr Mahayiya, the deceased was also in a dilemma wasn't she?  If she would allow you to enter the house, her children or people, the youth, seeing her allowing you into the house would regard her as a collaborator with you and her life would have been in danger, isn't that so?

DANIEL MAHAYIYA: Yes, that is true.

ADV DE JAGER: And wasn't that perhaps the reason why she rejected you?

DANIEL MAHAYIYA: That could be the reason.

ADV DE JAGER: But then we've still got the problem, why did you kill her?

DANIEL MAHAYIYA: The time when I arrived there at that time I did not think that I would seen and identified because I was not going to spend more time there, I just wanted to get something clear from Mr Champion and I would go back to my place.

ADV DE JAGER: Ja, but I've asked you to give me the reason why you killed her, why did you kill her?

DANIEL MAHAYIYA: I got angry when I was not given an opportunity to get in and see Champion.

ADV SANDI: If you were angry Mr Mahayiya, why didn't you go and vent out your anger to those people who were making a noise and coming onto your way?

DANIEL MAHAYIYA: That did not come to my mind.

ADV SANDI: Was anyone else shot in that house?

DANIEL MAHAYIYA: Yes, and Mr Champion got injured.

ADV SANDI: Okay, you shot Nomutile Gangqa, what followed next?

DANIEL MAHAYIYA: I got the report from the police that Champion was in hospital.  He was injured on that particular day.  I could not see because it was dark and the lamp that she was holding fell down.  I was not sure as to how many people were in the house during the incident.

ADV SANDI: How many times did you pull the trigger?

DANIEL MAHAYIYA: If I'm not mistaken I think it was about four times and the spring broke and two bullets were left.

ADV SANDI: Didn't your firearm jam at some stage?

DANIEL MAHAYIYA: Yes, it did jam after that and I realised that the bullets were not the same size.  One bullet was shorter than the others.

ADV SANDI: What happened, did you try to get another firearm?

DANIEL MAHAYIYA: No, I did not because no-one could give me a gun.

ADV SANDI: This gentleman who was in your company, what was he doing, what did he whilst all this was happening?

DANIEL MAHAYIYA: He was standing outside.  He did not get into the house.

ADV SANDI: Thank you.

MS COLLETT: Do you maintain that your action was politically motivated?