Amnesty Hearings — Pietermaritzburg — 1997-02-10

UNKNOWN: During 1990 when we were at school, the ANC organisation was already existing at that place and the IFP members felt that they were not going to be governed or ruled by the Xhosas, so the conflict started there and they
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would come to our school to launch attacks during school hours.  And we kept on running away from the place because in 1990 we could not write our June exams and some of us school kids went back to write the exams, but we could not go back.  The following year we went back to the same school.  	
	Then in March 1991 they came back to launch another attack and that's where they started shooting us and we ran to Durban and an office in Natal got us a place at Inanda where we stayed together with other comrades.  We stayed the rest of 1991 and we discussed as to how we were going to get a suitable school because we wanted to go back to school.   And the offices of the ANC said they would try in 1992 and get us a school.  So we stayed for the rest of 1991 without going to school. 
	The Southern Natal office sent Mr Nduli to accompany us so that we could look for a school.  Then we went to the school and they gave us a car to transport us as members of the ANC.  We got to the school and Mr Nduli went to the headmaster.  We were inside the car at that time.  
	After quite some time members of the IFP came to that school.  They were armed and at that time Mr Nduli was speaking to the Headmaster.  They wanted to shoot at us and the driver kept on pleading with them not to shoot at us and the driver actually was able to dissuade them from launching an attack upon us.  Then the Headmaster came out and told them that they would rather shoot him than shoot us and they ultimately were persuaded ...

ADV DE JAGER: Could you please ask him to go a little bit slower.  We want to take down what he is saying.

UNKNOWN: Mr Nduli went to the Headmaster's office and
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when he came out he discovered that the IFP members were now threatening us and they were chasing us out of the school yard and we were not able to go and register for that particular year.  So we left that place and went back to Inanda. 
	And at Inanda we convened a meeting and we tried to reach a resolution as to how we were going to get a suitable school where we would not be disturbed.

SISI KHAMPEPE: Mr Khanyile, what school is this and in what area was this school?

UNKNOWN: It is at Eskolile Bamshela.  The place is called Oswatini.

MR KUBONI: Sorry Mr Khanyile, try to look also at me.  I will try to direct the speed at which you are giving evidence.  If I am lifting my hand it is indicating slow down.  You can proceed.

UNKNOWN: Then we convened a meeting together with other comrades that we should get a suitable place where we could stay and also attend school.  Then we planned together with the ANC office and they advised us that they did have a place where we could stay and they also borrowed us a car that would take us and we were left at Xele's place.  That's where we stayed together with other members of the ANC.  It is at Bamshayela Oswatini.  The village is called Bamshayela but the place is Oswatini.

MR KUBONI: When was this?

UNKNOWN: It was in 1992, February the 28th.   We stayed there and we waited for the beginning of the year so that we can register and there were some other members of the ANC in that place.  They went to the Headmaster to try and negotiate so that we could start our school term the
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following year.  Whilst we were there IFP members came.  They tried to attack us where we were staying, that was in May.  They fired shots in the air on the 10th May.

CHAIRPERSON: Where did they come to, did they come to Xele's place?

UNKNOWN: Yes.

JUDGE WILSON: The 10th May 1992 they came and attacked you.

UNKNOWN: That is correct.  They shot in the air but nobody was injured.  They came back on the following day, that was on the 11th May and they attempted to attack Xele's place.  And at that time there were many of them, members of the IFP.

SISI KHAMPEPE: Sorry, Mr Kuboni, is the witness telling us what is relevant to his application?  He is applying for the murder which was committed on the 18th March 1992.

MR KUBONI: Honourable member of the Committee, he is was trying to give a background.  I was now going to lead him to the actual incident.

SISI KHAMPEPE: But is this background in relation to the incident of the 10th May 1992.

MR KUBONI: If the member of the Committee can allow me to put this question, maybe it will take us back to track.

CHAIRPERSON: Try if you can and deal with the evidence sequentially.

MR KUBONI: Mr Khanyile, if you are talking about this incident of the shooting in the air, is it the incident that took place before the murder of Nqobofemile?

UNKNOWN: That is correct.

MR KUBONI: If I understand it correctly, that murder took place in March.

UNKNOWN: That is true.
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JUDGE WILSON: /...
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JUDGE WILSON: Do you know that March is two months before May?

UNKNOWN: I am talking about March.

MR KUBONI: ... speak about the incidents before the attack and if you are not sure about the dates it is not necessary to disclose the dates, but what is most important is what happened before the incidents that led to the attack on Nqobofemile.

UNKNOWN: They came on a Wednesday.  They had come to attack.  It was a large group and we were at Xele's house in Bamshayela where we were staying.

MR KUBONI: Was it the Wednesday in March or what month was it?

UNKNOWN: I don't remember quite well, but it was in 1992.  It was before the attack on the Nqobo family.

MR KUBONI: What happened after that?

UNKNOWN: Then a fight broke out and they were attacking us and Mr Xele went out and he came back to tell us that we must come and see, there was a large group of people approaching and this large group was attacking Mr Nqobo's place.  And we went out.  And when we went to the yard, the members of the IFP started shooting.  And this happened up until one o'clock during the day.  They ran away and we also came back.  Then the following day they came to attack in the afternoon.  They even burnt Mr Xele's house.  That is where we were staying and they shot, we ran for our lives.  We went to report to the police station that we were being attacked.  The police took us in a van to go and investigate the matter.  They left us along the road, but they did not go to the Xele house.  They went back without investigating the matter.  They didn't help us in any way and on that day
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we did not sleep in the house.  Then on Saturday whilst we were at the mountains hiding, certain people came and they said we should go and have a look because there was dead men and when we went to look, we found out that he was one of us.  And the police came at that time and said that we should help them carry the corpse in to the car.

MR KUBONI: You are talking about the Saturday of the same week in which the shooting took place.

UNKNOWN: That is correct.

MR KUBONI: You can proceed.