Amnesty Hearings — Richards Bay — 1998-04-14

CHAIRPERSON: Good afternoon everybody.   I apologise for the late start today.  We couldn't start this morning because it takes some time to set up the room, and then we were due to start earlier this afternoon because my colleagues were coming up on the airplane from Johannesburg, but unfortunately the plane was delayed and that accounts for the late start, so I apologise for the late start.
	Before we do start, I would like to just introduce the panel to you of this sub-Committee.  On my right is Mrs Sisi Khampepe, she is an Attorney from Gauteng, on my immediate left is Mr Johnny Motata.  He is an Advocate from Johannesburg, and on my far left is Mr Jake Moloi, who is an Attorney from the Free State and I am Selwin Miller, Judge from the Eastern Cape, Transkei.  
	I would just like the legal representatives please to introduce themselves.  They are on record already but if they may introduce themselves to the people.

MR WILLS: Good afternoon, my name is John Wills.  I am an Attorney from Pietermaritzburg.  I am here to represent the fourth, fifth, sixth and seventh applicants, that being Mr Bertwill Ndlovu, Mr Romeo Mbambo, Mr Brian Quna Mkhize and Mr Israel Mnyoni Hlongwane.

MR STUART: Thank you Mr Chairperson.  My name is Angus Stuart, I am from the Durban Bar, instructed by the Campus Law Clinic of the University of Natal in Durban.  I am representing the first, second and third applicants, that is Dalaqolo Luthuli, Bekhisiso Khumalo and Zweli Dhlamini.

CHAIRPERSON: The microphone doesn't seem to be working in front of Mr Ngubane.

MR NGUBANE: Thank you Mr Chairman.  My name is Edward Emvuseni Ngubane, Attorney from Durban.  I am representing the victims and the families of the victims, thank you.

MR HEWIT: Mr Chairman, I am Adv Hewit, Attorney Falconer on my right hand side and we represent various persons who will be implicated by the applicants concerned.

MOKOTEDI MPSHE: Mr Chairman and members of the Committee, I am Adv Mpshe, representing the Truth Commission, thank you.

CHAIRPERSON: Thank you very much.  This hearing commenced last week in Durban where we heard the evidence of Mr Luthuli the first applicant.  We heard certain other evidence just in chief, but which will no doubt be repeated at this hearing.
	Mr Wills, are you ready to proceed?

MR WILLS: Yes, Mr Chairperson, just for the sake of the record, I confirm that the arrangements for this week would be that we would be commencing with the evidence of the sixth applicant, Mr Brian Quna Mkhize and then followed later by Mr Mbambo.
	Thank you Mr Chairperson, I call Mr Mkhize.

BRIAN QUNA MKHIZE: (sworn states)

CHAIRPERSON: Thank you Mr Wills, you may commence.

MR WILLS: Thank you Mr Chairperson, and members of the Committee.  Mr Mkhize, you are presently a convicted prisoner being held and serving a 52 year sentence at Westville prison, outside of Durban?  Is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: You were previously a Constable in the KwaZulu Police and you were stationed at eSikhawini?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: You were suspended from duty at the time of your arrest in connection with the matters you will be testifying about?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: You have the affidavit and your application for amnesty in front of you?

BRIAN QUNA MKHIZE: Sorry, Mr Chairperson, there is a disconnection between me and my interpreters here, I can't hear.  We can't get along.

MR WILLS: Sorry Mr Chairperson, for the record, there appears to be a problem with the ...

BRIAN QUNA MKHIZE: Problem is solved.

MR WILLS: Can you hear Mr Mkhize?

BRIAN QUNA MKHIZE: Yes.

MR WILLS: I wonder if you can speak up in an attempt that we can hear your voice naturally in any event.
	You have your application for amnesty in front of you together with the supporting affidavit which is attached thereto, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: That for the record, forms part of the bundle, pages 69 to 126.
	Mr Mkhize, I realise that this is an extensive and lengthy application, and you may refer to it from time to time.  I will be taking you through that affidavit.
	Do you confirm the contents of the application and the affidavit?

BRIAN QUNA MKHIZE: Yes.

MR WILLS: Do you confirm that to the best of your knowledge, that the information supplied therein is true and correct?

BRIAN QUNA MKHIZE: Yes.

MR WILLS: Mr Mkhize, I want to commence today's proceedings with the issue of your personal background.  I am going to take you through that as quickly as possible.
	You were born in the Mpolweni Mission in the New Hanover district?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: You were a staunch member of the IFP by the time you left school after you graduated with matric, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: Can you tell us about the early influences in your life that led you to being a staunch IFP member at that early stage of your life?

BRIAN QUNA MKHIZE: Shortly I can say whilst we were still at school, Inkatha was then a cultural organisation.  It was one of our schooling subjects that we were taught at school.

SISI KHAMPEPE: Raise your voice, because as you speak the interpreter is interpreting in English, but others who are here cannot hear you because they are listening without using the headphones.

BRIAN QUNA MKHIZE: I will try.  At that time, whilst I was still at school, Inkatha was one of the several subjects as school, just like Biology, Maths and other subjects and therefore there was a subject that was called "Ubuntu Ubutu", which is about humanity.  I studied that subject in that way.
	It later became clear that this was a way of contentising people, myself being part of everybody else at the time, I had to learn the subject.

MR WILLS: Is it correct that both your parents were also IFP supporting persons?

BRIAN QUNA MKHIZE: Yes, that is correct because my father died whilst he was a Counsellor at Wembusy at Escort.  At that time he wouldn't be a Counsellor for the KwaZulu government if you were not a member or supporter of Inkatha.
	At that time Inkatha was not yet a party, a political party, it was still a cultural liberation movement.  It was not yet a political party and for a person to be appointed or elected to a Mayor or Counsellor position, a person had to be a staunch supporter of the movement.
	My father was therefore a Deputy Mayor at Wembusy at the time.

MR WILLS: In March 1986, you were approached by a certain Zakhile Mkehle to join the KwaZulu Police, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct, but maybe I would like to explain.  Zakhile Mkehle was a member of the Central Committee of Inkatha, and we did not associate only in so far as politics was concerned, he was also my cousin.  We were relatives, blood relatives.

MR WILLS: This Mr Mkehle was the same Zakhile Mkehle that was referred to by the first applicant, Mr Dalaqolo Luthuli during the proceedings last week, ie the IFP leader from the Mpumalanga area, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: Can you tell the Committee and members of the public here, what you did in respect of the invitation by Zakhile Mkehle, the offer of a position in the KwaZulu Police?