Amnesty Hearings — Durban — 1998-12-01

CHAIRPERSON: Mr Wills?

MR WILLS: Thank you Mr Chairperson, I call Mr Sithole.

SIPHO JOEL SITHOLE: (sworn states)

CHAIRPERSON: Thank you.

MR WILLS: Thank you Mr Chairperson.  Mr Sithole, you applied for amnesty on the prescribed form in that you attested to an affidavit on the 10th of may 1997, in Durban?  Is that correct?

SIPHO JOEL SITHOLE: That is right.

MR WILLS: Do you confirm the contents of that affidavit?

SIPHO JOEL SITHOLE: Yes, I do.

MR WILLS: You then supplemented that affidavit in terms of a memorandum in support of the application, which is a two paged document dealing with three aspects, do you confirm the contents of that document?

SIPHO JOEL SITHOLE: Yes, I do.

MR LAX: Mr Wills, just for the record, that is the document appearing at page 32 and 33, is it?

MR WILLS: Yes, indeed.  Mr Sithole, can I just ask you to move the microphone slightly closer, apparently the Sound Technicians are battling a bit, thank you.
	Mr Sithole, you have been a member of the ANC from 1982 to present, and you have been a member of MK from 1982 to 1994, is that correct?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: In your application at page 25 of the record, that is the first page of your application, you indicate that you have been an ANC REC member from 1992 - 1993, was that Southern Natal?

SIPHO JOEL SITHOLE: That is Southern Natal, that is correct.

MR WILLS: You indicate that you have been an MK Commander between the years 1984 and 1991?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: And you indicate that you were the MK Chief of Staff in the Southern Natal region between the years 1991 and 1994?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: You also indicate in your application that you became a Captain in the SANDF and you served in that role between 1994 and 1996?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: I presume that this position arose as a result of the integration of the various armies into the South African National Defence Force, is that correct?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: Can you indicate to the Committee what sort of training you have had in your capacity as being a member of MK?

SIPHO JOEL SITHOLE: I have been trained in various forms of military activity, one of them being an ordinary soldier, who trained to be able to handle arms.
	I have been trained to be able to gain intelligence, operative, I have been trained in politics, as a political ANC man.

CHAIRPERSON: Where did you receive your training Mr Sithole?

SIPHO JOEL SITHOLE: I received my training in East Germany, in 1986.
	My other training in 1987, 1988 was in the Soviet Union, the then Soviet Union, now Russia.

MR WILLS: When did you return to the country for the first time after your training?

SIPHO JOEL SITHOLE: The first time after my training?

MR WILLS: Yes?

SIPHO JOEL SITHOLE: Besides the work that I was doing, I was doing border reconnaissance as from 1986.  I was put in command of that Unit that was doing border reconnaissance in Swaziland, so I was coming in and out of the country, bringing all the comrades, most of the comrades that you have learned about that were killed by the State, I probably brought them into the country.

MR WILLS: Yes, sorry, I jumped the gun a bit, I am sorry.  Prior to you leaving the country and prior to you embarking upon training in exile, you were a teacher employed by the kwaZulu government, is that correct?

SIPHO JOEL SITHOLE: Yes, that is correct.

MR WILLS: One of the incidents in respect of which you are applying for amnesty, goes back to this time, it is an incident at Empangeni in September 1984, is that correct?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: And that incident occurred immediately before you left the country for t raining, is that right?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: Prior to this incident occurring, you were a member of the ANC, is that correct?

SIPHO JOEL SITHOLE: Yes, underground.

MR WILLS: Can you tell us what happened in regard to that incident at Empangeni?

SIPHO JOEL SITHOLE: Politically at the time I was involved in the organisation of UDF in the northern parts of kwaZulu Natal, especially Empangeni and surrounding areas whilst I was a teacher at the same time.
	I organised for students to come into the rallies in Durban and unfortunately it hurt some of the people in the process, like members of the Inkatha in that area, for instance.
	I was called one day by members of my school committee, especially one of them was related, he used the fact that he was related by closeness of surname with the wife who was also a Sithole, and then he actually (indistinct) into a meeting that was organised by most of the Inkatha, today who are presently MP's and so forth, holding high positions within the IFP.
	They called me into the school at Nhlange, I was teaching at Imanga high school at that time.  I went there ...

MR LAX: Sorry, if you can just talk a little bit slower, someone is translating the proceedings into Zulu and they struggle a bit.

SIPHO JOEL SITHOLE: Okay.  After getting to a van from one of the school committee members, in fact it was the Chairman of the school committee at Imanga, I was teaching at Imanga high school.  He took me down to Welisani, where the meeting was held.
	In fact, I didn't even know that there was such a big meeting that had already been pre-arranged for me to be actually there.  I went in there, there were a number of people, about four or five sitting in front, and the rest of the members sitting around the hall in the desk.
	I was put among them, sitting on the desks.  They started questioning me about my activities, why I was taking students down to Durban, attending rallies, UDF rallies and so forth and so forth and so forth.
	Then it became apparent, towards the end, it started around four, five o'clock, four o'clock in the afternoon, just after I had knocked off at school and it continued till round about seven, eight o'clock at night.  What I noticed what was happening, was that they started gathering amabuthu around this school where I was, and I could see when I was looking out of the windows, they had sjamboks and spears and pointing it at me.
	At that point, I was sure that these people were out to do something, some mischief to me, but unfortunately for them, I had a gun in my jacket.  I attended all these sessions with them which was okay, but I had a gun.
	When they were just about agitating themselves to actually attack me, I just stood up, I took out my pistol, I said anyone who will ever get near me, was going to be on the receiving end.
	I stood up, I pushed all of them into one side.  I went out, some of the warlords that were still outside there, with the spears and guns, I pushed them inside the school and I shot twice into the air.  I warned them that anyone who will ever interfere with those school kids because they happened to be members of the UDF, will be on the receiving end.  That is that, after that moment I left.

MR WILLS: It has come to our attention today that later on that same evening, you were involved in two incidents that related to the attempted murder of a Mr Khumalo and a Mrs Mchunu, is that correct?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: As I understand it, on your return to the country, you were arrested in respect of these incidents?

SIPHO JOEL SITHOLE: Yes.

MR WILLS: And you were charged at Empangeni court in respect of these incidents?

SIPHO JOEL SITHOLE: That is correct.

MR WILLS: Now, what happened to the court proceedings?