Amnesty Hearings — Durban — 1999-09-22

MR MALAN: Ja, from the deceased's brother.  Now just to be fair to this applicant, I think we need to deal with a question or two on this affidavit.
	Mr Mngomezulu, this deceased Phewa who accused you of killing his father, was his father a member of the organisation?

HAPPY MNGOMEZULU: What I know is that he was a member of the SACP, he started being a member of the ANC and later on the SACP.  He is the one who was Chairman at the time.

MR MALAN: Yes, now he took over from Mr Teaspoon Mkhize?

HAPPY MNGOMEZULU: No, I disagree with that, Mr Phewa was Chairman of Amabuvo, the ones against whom we were fighting and at the time of the offence the one person who was acting was Mr Magesa, not Mr Phewa.

MR MALAN: Now this Mr Phewa that died, was he a member of the organisation, the young Phewa, the victim in this case?

HAPPY MNGOMEZULU: Even though I can for certainty say so but I think I would say he attended rallies during marches and he toyi-toyied around with us.

MR MALAN: But you say you can't for certain say so?

HAPPY MNGOMEZULU: Yes that's what I'm saying because I had not seen him carrying a card but yes he was always there during marches.

MR MALAN: Now in this affidavit by his brother, Thulani Patrick Phewa, do you know Thulani Patrick Phewa?

HAPPY MNGOMEZULU: I will be telling a lie before this Commission.

MR MALAN: You don't know him?

HAPPY MNGOMEZULU: I don't know him.

MR MALAN: Now in his affidavit to us in paragraph 6 he says
"I wish to state that my brother was never involved in politics."
He did not affiliate in any parties, he did not follow even if there were marches and toyi toyi?

HAPPY MNGOMEZULU: I did state that he used to be party to much is that we were conducting and therefore I do not find it wise for a person or a father who is occupying a top position and that the son is nowhere.  I am sure that he was part of an organisation because we used to see him, he was quite active among Amabuvo.  I therefore do not believe that a person who did not care a damn about Amabuvo would accuse me of having killed his father.

MR MALAN: I find that very strange.  If I believe someone had killed by father I would certainly say so to him whether I'm involved in politics or not?  Why do I have to be in politics to accuse someone of having killed my father?

HAPPY MNGOMEZULU: As far as I'm concerned I am quite certain that he was a member of either Amabuvo or the ANC the reason being that he used to attend rallies before the conflict, he was always part of the rallies.  I cannot say something about Thulani Phewa because I do not know him.

MR MALAN: Now you say he could have been a member of Amabuvo or ANC because you saw him in the rallies?

HAPPY MNGOMEZULU: Possibly.

MR MALAN: Now you see in this affidavit of Thulani Patrick Phewa, he also says that his father was elected chairperson of the ANC, not of Amabuvo, he might have been a member of Amabuvo but that being alliance, he was elected chairperson of the ANC in the place of Mr Mkhize, Mr Teaspoon Mkhize.  Are you sure that's not right?

HAPPY MNGOMEZULU: Certainly so, because at the time of our arrest the one person that was in charge was Mr Magesa, not Mr Phewa.

MR MALAN: That's exactly so because Mr Phewa was killed before your arrest?  That's why Mr Magesa was acting.

HAPPY MNGOMEZULU: I dispute that.  Mr Magesa was in charge from the start of the conflict.

MR MALAN: At the time of your arrest?

HAPPY MNGOMEZULU: We were arrested at the time when he was the one in charge.  Mr Phewa was chairman of this group, Amabuvo, not the ANC.

MR MALAN: When you were arrested Mr Phewa was already dead, you killed him just before you were arrested?

HAPPY MNGOMEZULU: Mr Phewa died before I was arrested.

MR MALAN: Yes, okay.  Thank you, I have no further questions.

CHAIRPERSON: May I get on a point of clarity.  To your knowledge when Mr Teaspoon Mkhize was removed as chairperson, it's Mr Magesa who was elected as such and nobody else?

HAPPY MNGOMEZULU: As far as I know, it was Mr Magesa who was appointed by the Maritzburg office.

CHAIRPERSON: Yes as chairperson to replace Mr Mkhize?

HAPPY MNGOMEZULU: Yes, that was ad hoc position.  What I know is that Mr Magesa was acting.

CHAIRPERSON: He was appointed by the national office?

HAPPY MNGOMEZULU: Yes.

CHAIRPERSON: Thank you.  Mr de Jager?

UNKNOWN: No questions.

CHAIRPERSON: Mr Mngomezulu, you are excused for the day.
WITNESS EXCUSED