Amnesty Hearings — Durban — 1977-08-07

MR SHEMBE: Thank you Mr Chairman, on the instructions of the Applicant, the Applicant has instructed me to pass his remorse to the members of the family of the victims to say the way he is so remorseful it's more than words can explain and to the Honourable Commissioner to say whatever he has said to this Honourable Commission today, it was not through the influence or imposition of any person on him to say come today,
let the world know what happened and why did that happen.  	As far as the killing or the death of Mr Makanja it has been clearly stated by the Applicant before this Commission that there was no personal vendetta per say  between the Applicant and the deceased but the political misunderstanding which led them to resolve their differences through the barrel of the gun instead through negotiation around the table.

CHAIRPERSON: ...(inaudible)

MR SHEMBE: That him and the deceased to end up being, the other one being the victim, the other one being the killer to have murdered Mr Makanja.  Other than that they grew up together as during the adjournment the father has stated that he took both of them, his son the deceased together with the Applicant as his own sons or as his own children so it is clear before this Honourable Commission that there was nothing personal between the Applicant and the deceased, only the political difference which would have been addressed, had according to the words of the Applicant, been given the guidance from their leadership including the Chairman as he has specifically said that there was a person who was the Chairman from whom they were expecting to get the guidance as to what is the way for what, only to find that they only took their independent decisions around the street corners whereby each member of the political organisation took his own initiative without having been directed by any member of his or any senior of his political organisation to say go and kill so and so.
	More than that the Honourable Commissioners, the vengeance that was there in the Applicant was aggravated by the attack that had happened to his homestead the previous two days before that.  That was a blanket activity which did not specifically target any individual person but directed against the members of the UDF.  
	The acquisition of the firearms that the Applicant had, he had explained to them how he acquired them, that he bought them from a certain person and he mentioned his name for the sole purpose that because they are being attacked he cannot on his own sit idle and look his home being gutted down.  On his own accord he went to acquire the firearm illegally for the sole purpose of defending his homestead.

CHAIRPERSON: ...(inaudible)

MR SHEMBE: If the Commissioner can bear with me.

CHAIRPERSON: ...(inaudible)

MR SHEMBE: 22 April 1990 Mr Chairman.

CHAIRPERSON: ...(inaudible)

MR SHEMBE: Further than that, the other offences ...(intervention)

CHAIRPERSON: Let's just pause there. When did he say he acquired this firearm?

MR SHEMBE: Though I may not be correct Mr Chairman but somewhere immediately after he was released from incarceration, that was in 1989.

CHAIRPERSON: ...(inaudible)

MR SHEMBE: Before that Mr Chairman, there were other numerous attacks which are not relevant to the situation for which the Applicant is before this Honourable Commission today.

CHAIRPERSON: ...(inaudible)  the firearm was obtained to avenge this particular incident, the firearm was obtained because ...(inaudible) feeling of insecurity because of other trouble?

MR SHEMBE: That is correct Mr Chairman.

ADV DE JAGER: But he acquired two firearms as far as I can recollect, the one before the attack on the house and one immediately after the attack.

MR SHEMBE: That is correct Mr Chairman.  To elaborate on that and to emphasise in that in the words of the sentencing Magistrate, he conceded that their was a climate at that time and it was accepted that there was a climate of violence in the area meaning that there were  -  between the two warring factions, that is the UDF and the IFP and then it happened that Mr Hlengwa was one of these parties.
	Coming to the other offences Commissioners, that the Applicant is facing he's also so remorseful to them to such an extent that if his heart can be opened it can be shown that he regrets to the last inch of his heart and he would like to extend his apologies to the members of the family and to victims who suffered those atrocities, from the bottom of his heart.  
	There's nothing more than that he can do and further than that he instructed me to say whatever the community would require him to do should this Commission deem it necessary and fit for him to be granted amnesty, he would be prepared to serve at any role which would facilitate the bringing about of peace in the area where he comes from.   
	Not unless my Honourable Commissioners, you want me to address on specific issues, those are my instructions and my humble request from the Applicant to submit to you, thank you.

ADV DE JAGER: Simiso was in fact injured on the same occasion when Makanja was killed, was part of the same attack.

MR SHEMBE: That is correct Sir, that is correct.

CHAIRPERSON: Have you had an occasion to look at the Act?

MR SHEMBE: I had the occasion to look at the Act Mr Chairman.

CHAIRPERSON: From what I understand the position this is a revenge killing.  As a result of his house being attacked he made up his mind that he was going to kill whoever he could lay his hands on, it just happened that the deceased was the one who got killed.  What was the political objective?

MR SHEMBE: The political objective Mr Chairman, was that the attack from the UDF shouldn't be a recurring thing on the side of the IFP, they should also be aware that they can defend themselves though it happened that Mr Hlengwa took the initiative to be the one who did the attacking but it was a political thing as he has correctly stated that in the attack on his homestead, they were chanting the slogan that Gova and stuff like that, that were insulting on the side of the IFP by the UDF.  	More than being a revenge killing Mr Chairman, it has a political ... that whilst they were doing the attack, they were not saying we want to kill Mr Hlengwa but they were saying the slogans that are insulting on my organisation as Mr Hlengwa by the opponent.

ADV SANDI: Mr Shembe, we have not received any evidence of Mr Makanja in particular having been involved or can I say, actively involved in these attacks, why him particularly?

MR SHEMBE: Thank you Sir.  It was not Mr Makanja particularly, anyone who could have been found - who could have - when Mr Hlengwa entered the house who could have been in front of him in that area of the UDF might have received the death as might occasioned, might have occasioned the death the way in which Makanja occasioned the death.  He didn't go out across the area of the UDF in order to target Mr Makanja per say but anyone who was going to be in front of him as he entered the door, he could have been fired on.

ADV SANDI: I do not intend to take this any further but can I say Mr Makanja, was it accidental that he was shot, he was the intended target, do you mean to say that it was just accident.

CHAIRPERSON: He wasn't.  He went there to kill any UDF man ...(inaudible)

MR SHEMBE: There was intention to kill any UDF member but not any specific person, individual person to say I would like to go and kill specifically Mr Shembe, if I don't find him I won't kill anyone so but we are the group of UDF supporters in this area so anyone whom I'm going to find in this area, I'm going to shoot.

CHAIRPERSON: ...(inaudible)

INTERPRETER: The speaker's mike is not on.

CHAIRPERSON: Is there anything else you wish to add?

MR SHEMBE: No Mr Chairman, thank you very much.

CHAIRPERSON: Mr Brink, is there anything you wish to say?