Amnesty Hearings — Durban — 1999-11-15

KETHA MPILO KHUZWAYO: (sworn states)

CHAIRPERSON: Yes, Ms Loonat.

UNKNOWN: Thank you Mr Chairperson.

UNKNOWN: Mr Khuzwayo, for the record, how old are you?

MR KHUZWAYO: I am 31 years old at present.

UNKNOWN: Are you married?

MR KHUZWAYO: Not yet.

UNKNOWN: Do you have any children to support?

MR KHUZWAYO: Yes, I do have one child.

UNKNOWN: How old is the child?

MR KHUZWAYO: Seven years old.

UNKNOWN: Are you affiliated to any political party?

INTERPRETER: Apparently he has a problem with his headset.

CHAIRPERSON: Just help him there please.  While they're doing that Ms Loonat, there's an affidavit here before us, a handwritten document, did you hand it in?

UNKNOWN: I handed one in today, Mr Chairperson, it was because it wasn't photocopied and signed last time, so ...

CHAIRPERSON: Is this the one dated 21st September 1999?

UNKNOWN: That's right.

CHAIRPERSON: Alright.  You've handed that one in you say.  We'll call that Exhibit A.  Perhaps your client wants to confirm this affidavit in which case you don't need to lead all of this information in all this great detail and you could perhaps just highlight what he did.  Is your headset working Mr Khuzwayo?  Alright, you can go ahead Ms Loonat.

UNKNOWN: Mr Khuzwayo, please tell the members of the Committee, what was your role in the party?  You belonged to the ANC, what was your role?

MR KHUZWAYO: I was a member of the ANC.  I still am one at present.

CHAIRPERSON: Sorry Ms Loonat, Mr Khuzwayo, just look at the, can you show him Exhibit A?  Just look at that document.  Do you recognise that document?  Is that your affidavit?  Is that your statement with your signature on the ...?

MR KHUZWAYO: Yes, I do know the document.

CHAIRPERSON: Yes.  Do you confirm the contents of that document?  Is this true?

MR KHUZWAYO: Yes, it is true, I wrote it.

CHAIRPERSON: Yes, Ms Loonat.

UNKNOWN: Mr Khuzwayo, do you have any firearm training and please tell the Committee how much, if any.

MR KHUZWAYO: Yes, I did receive training.

UNKNOWN: Who trained you and in what firearms?

MR KHUZWAYO: I received training on two occasions, once inside the country and once outside the country.

UNKNOWN: Please be more specific.

MR KHUZWAYO: There was a Shadrack Mahletsha who was a chairperson of the ANC at eMakwanene...(indistinct - interference)  He was from exile and he had received training in firearms.  On his return he realised that there was violence in the area and persons who wanted to receive the training, were thereafter trained, so that they could protect the eMakwanene area.

UNKNOWN: Mr Shadrack Mahletsha, you say, was the Chairperson of what? Of the ANC party, is that correct?

MR KHUZWAYO: That's correct.

UNKNOWN: How long had he been your leader, or the Chairperson?

MR KHUZWAYO: He assumed the position in 1988.

UNKNOWN: Where is he now?

MR KHUZWAYO: I received information that he was attacked and killed by IFP members.

UNKNOWN: How long ago was this, do you have any idea?

MR KHUZWAYO: I think it was in 1994.

UNKNOWN: As leader of the ANC besides training you in firearms, what other part did he play?

MR KHUZWAYO: He was of help to the community in terms of explaining the transformation process that was taking place and what the political situation was in the country.

UNKNOWN: Did you take any instructions from him?

MR KHUZWAYO: After receiving training inside the country, there was a need to return to our homes so that we could therefore protect the communities, we had been trained.

UNKNOWN: So you say that you left your home in order to get this firearm training from Shadrack, is that correct?

MR KHUZWAYO: That's correct.

UNKNOWN: When did you return to your home?

MR KHUZWAYO: We returned in 1992, I cannot remember the month.

UNKNOWN: Why did you return to your home?

MR KHUZWAYO: Please repeat the question.

UNKNOWN: You say you returned, roughly in 1992, why did you return at that time?

UNKNOWN: We had completed the training, that is in firearm handling.

CHAIRPERSON: Where did you complete it?

MR KHUZWAYO: It was at Dogodweni, in the Dingidlovu area.  We used to train in a forest there.

CHAIRPERSON: And what about Mozambique that you referred to here in your affidavit in Exhibit A, when did  that happen?

MR KHUZWAYO: in 1992.

CHAIRPERSON: Was this now before you returned home?

MR KHUZWAYO: After I had received training internally, I returned home.  After a while a need arose for us to be able to use bigger firearms, that was the time when we were dispatched to Mozambique, so that we could receive training in bigger firearms as well as in explosives, because our enemies used to attack us using bigger firearms.

CHAIRPERSON: Now who arranged this further training?

MR KHUZWAYO: Shadrack was organising that.  He's the one who organised transport for us to go to Mozambique.

CHAIRPERSON: So you received training there, you say that a Commander that you referred to in paragraph 4 of Exhibit A, gave you the training, is that correct?

MR KHUZWAYO: Please repeat that.

CHAIRPERSON: In your affidavit which is Exhibit A before us, you say that you received this further training in Mozambique from a Commander of Frelimo and you identify the person here, Aron Fernando.

MR KHUZWAYO: Yes, it was Aron Fernando.

CHAIRPERSON: When did you complete this training?

MR KHUZWAYO: It was towards the end of 1992.  That was special training that was provided to us at the time.  We were then informed that our time in Mozambique was complete so we returned to South Africa.

CHAIRPERSON: So did you then go home, or what did you do?

MR KHUZWAYO: I returned and went home and on my arrival there, discovered that the situation was still not good, so I had to go and reside elsewhere where I could hide myself as well as the weapons that were in my possession.

CHAIRPERSON: Yes, thank you.  Now Ms Loonat, you can take it from there.

UNKNOWN: Thank you, Mr Chairperson.  Mr Khuzwayo, you were in the vicinity of the Sibiya kraal on the 3rd of May 1994, is that correct?

MR KHUZWAYO: That is correct.

UNKNOWN: Please tell the Honourable Members of this Committee, who was present with you on that day?

MR KHUZWAYO: It was Simunye Mthembu, Themba Nkosi Mthembu and Prescott Langa.

UNKNOWN: How did you all come about being there?

MR KHUZWAYO: Whilst I was receiving training inside the country, after the training, I received a list of people who were supposed to be killed because they were destabilising the ANC campaign which was geared towards the 1994 election.  I was informed that by the time the elections come, these people should have been removed.

UNKNOWN: Who gave you this list?

MR KHUZWAYO: From Shadrack, the chairperson of the ANC at the time.

UNKNOWN: Why did he particularly give it to you?

MR KHUZWAYO: I was not alone, but other people had also been given a list of who should be targeted.

UNKNOWN: Before we proceed with this list, did you always receive instructions only from Shadrack or from other people to commit these attacks on the IFP members?

MR KHUZWAYO: Shadrack, as the chairperson of the area, was the one responsible for giving reports to the ANC office and he would also give us feedback on the information he had received from the ANC office.

UNKNOWN: How did you get the information from Shadrack?  Was it given personally, or did you have rallies, or how was it communicated to you?

MR KHUZWAYO: I was not alone, but everyone who had been trained internally received a list of people who should be targeted and killed.

UNKNOWN: You say you received a list with certain people who had to be eliminated.  What did you do then?

MR KHUZWAYO: Please repeat that.

UNKNOWN: When you received this list, this hit list of people who had to be eliminated, what did you do with that list?  What did you do next?