Amnesty Hearings — Durban — 1998-10-22

CHAIRPERSON: Good morning everybody.  We have two matters on our roll today, and I am informed that we will start with the application of Mr M.C. Ngema.
	Before we start, I would just like to briefly introduce the panel.  On my right is Mr Jonas Sibanyoni, a member of the Amnesty Committee and an Attorney from Pretoria.  On my left if Mr Ilan Lax, also a member of the Amnesty Committee and an Attorney from Pietermaritzburg.  I am Selwyn Miller, a Judge from the Transkei Division of the High Court.
	I will ask the legal representatives please to place themselves on record.

MR MBANDAZAYO: Thank you Chairperson, my name is Lungelo Mbandazayo and I am representing the applicant in this matter, thank you.

MOKOTEDI MPSHE: Thank you Mr Chairman and members of the Committee, J.M. Mpshe for the TRC, particularly the Amnesty Committee.  I will be representing victims in both incidents.

CHAIRPERSON: Thank you Mr Mpshe, Mr Mbandazayo.  The proceedings will be translated and if you wish to benefit from the translation, you must be in possession of one of these devices.  They are available from the sound technician.
	Mr Mbandazayo?

MR MBANDAZAYO: Thank you Mr Chairperson, the applicant is Zulu speaking and may he be sworn in Mr Chairperson.

CHAIRPERSON: Mr Ngema, do you wish to take an oath or do you wish to make an affirmation to tell the truth?

MDUDUZI CYRIL NGEMA: Yes, I will take an oath.

MDUDUZI CYRIL NGEMA: (sworn states)

MR MBANDAZAYO: Thank you Mr Chairperson.  Mr Chairperson, unfortunately in this application, I do not have an affidavit which will facilitate these proceedings, and I will lead the applicant from the cuff Mr Chairperson, on important aspects.
	Mr Ngema, is it correct that you were a member of PAC and also a member of APLA?

MDUDUZI CYRIL NGEMA: Yes.

MR MBANDAZAYO: Can you tell the Committee when did you join the PAC?

MDUDUZI CYRIL NGEMA: I joined in 1989.

MR MBANDAZAYO: When did you join APLA?

MDUDUZI CYRIL NGEMA: In 1992.

MR MBANDAZAYO: Now, can you tell the Committee where were you trained as a member of APLA?

MDUDUZI CYRIL NGEMA: I was trained in Tanzania.

MR MBANDAZAYO: Now, after you had been trained in Tanzania, I understand you came back, and what were you doing as a member of APLA inside the country?

MDUDUZI CYRIL NGEMA: What I did, I was an Organiser of the Pan Africanist, APLA in Umlazi.  As well as active in the security and in the VIP protection.

MR MBANDAZAYO: Now, Mr Ngema, having said that, let's come to the incident, the killing of Christopher Meheza.  Am I correct to say that he was a member of PAC?

MDUDUZI CYRIL NGEMA: Yes.  He was a member of PAC as well as APLA member.

MR MBANDAZAYO: Now, can you tell the Committee why did you kill Mr Meheza?

MDUDUZI CYRIL NGEMA: The reason why Ndlandhla was killed, it was because he was colluding with the SAP, South African Police and Ndlandhla, we got a message that Ndlandhla should be killed because of this reason that he was colluding or collaborating with the enemy.
	That happened as I was instructed, the instruction I had to kill Ndlandhla.

MR MBANDAZAYO: Can you tell the Committee who gave you the instructions to kill Ndlandhla?

MDUDUZI CYRIL NGEMA: The instruction of killing Ndlandhla, I got from Thompson, who gave me a call on the 31st of August 1992 telling me that we should meet some place, somewhere at the University, Durban Westville, that is where there was a meeting of PASO.
	That is a student wing of PAC.  There was that gathering, particular gathering at the University in this day, then we met there with Thompson.

CHAIRPERSON: Sorry, Mr Ngema, Thompson, was that a code name or was that the person's real name or don't you know?

MDUDUZI CYRIL NGEMA: I wouldn't know as to whether it was his real name or a nickname or a code name for instance, but we used to refer to him as Thompson.

MR MBANDAZAYO: Mr Chairperson, just for the benefit of the Committee, I have investigated and I was given the name as Mandla Tshikilana, but I understand he is late, he died in 1996.

CHAIRPERSON: Thank you.

MR MBANDAZAYO: That is the name of Thompson, the real name, he was a member of the High Command of APLA.

CHAIRPERSON: Yes, thank you.

MR MBANDAZAYO: Mr Ngema, who else was present, was there any other present in your meeting with Mr Thompson?

MDUDUZI CYRIL NGEMA: The other one who was present there was Innocent Khumalo.

MR MBANDAZAYO: Tell the Committee what did Thompson tell you.

MDUDUZI CYRIL NGEMA: What Thompson said was an instruction had been given that Ndlandhla must be killed because of the evidence that surfaced that he was colluding with an enemy and he wanted myself and Innocent to mobilise that mission.

MR MBANDAZAYO: Did he tell you what kind of evidence he has, they had in order to come to this decision that he must be eliminated?

MDUDUZI CYRIL NGEMA: What he said, Thompson that is, he made an indication about the death of Themba Nxapayi, who was killed by the Police of South Africa in 1992.

CHAIRPERSON: What was the surname, Themba, I didn't catch the surname?

MDUDUZI CYRIL NGEMA: Nxapayi, Themba Nxapayi.  The death of Themba Nxapayi led to the evidence he gave us that Ndlandhla sold Themba Nxapayi to the Police of South Africa, in other words he informed the Police about him.

MR MBANDAZAYO: Mr Chairperson, also Themba Nxapayi was a member of the High Command of APLA from (Indistinct) in Transkei.

CHAIRPERSON: Yes.

MR MBANDAZAYO: Now, tell the Committee what role did you play then in the killing of Mr Meheza.