Amnesty Hearings — Durban — 2000-08-30

ZIBA GERALD MPANZA: Yes, we did.   We went to Empangeni and I saw that area.  Sifiso then took me to the city centre, in that way he was trying to show me where Steyn was, but we could not locate him at that time.  We then went to Avocas Wholesalers, and I also realised that it was suitable,  because there were not many people around that place.
	We did some reconnaissance as to how we would conduct our mission.  We did not see Steyn on that first day.  On the following day we went back to the city, looking for Steyn, but we could not locate him there.   We then went to a Spar that was near the Empangeni court. Sifiso then recognised Steyn there and he showed him to me.   We followed him and I was able to identify him.
	We thereafter left.  We then went back to the area we were going to attack, to do some further reconnaissance.

MS MOHAMED: After your reconnaissance work was carried out, did you then return to kwaMashu?

ZIBA GERALD MPANZA: Yes, we returned to kwaMashu.

MS MOHAMED: Okay, and what did you do on your return to kwaMashu?

ZIBA GERALD MPANZA: After we had returned to kwaMashu, we decided to go back to Empangeni, to do some further reconnaissance as well as to ensure that indeed the situation was as we had thought.
	We did not see any difference to what happened there previously.   Eventually we discussed as to who could assist us in this mission, and I informed Sifiso that I did not want him to identify prominent people, because this was an underground mission.  If we were to be seen in the company of prominent comrades, somebody may suspect something.  Sifiso then suggested Tekozani Ngema, Nmezela Mkungu and Mzwake Shandu.  He then told me that comrade Shandu was in the Police Force, but he was sympathetic, he was supporting comrades and he would be in a position to assist with the firearms, to carry out the operation at Empangeni.

MS MOHAMED: Did you discuss this progress with Mayibuya and Lindani Nteani?

ZIBA GERALD MPANZA: I informed Lindani Nteani that I would contact him when everything was ready, I did not give him the details of what I would do.
	With regards to Mayibuya, I did not inform him when and where I would carry out the mission.  He was more involved with administration, and it would be safer not to involve him in this type of activity, so he would only hear from me when I had completed the mission.

MS MOHAMED: I am going to take you to the point where, the day of the incident, can you just tell us how it is that you proceeded to the scene?

ZIBA GERALD MPANZA: After all of us had met, we left Durban on a Saturday and we ...

CHAIRPERSON: Ms Mohamed, we are terribly hot in here, can we take a break for 10 minutes?

MS MOHAMED: Yes, Mr Chairman.
COMMITTEE ADJOURNS

ZIBA GERALD MPANZA: (s.u.o.)

MS MOHAMED: (continued)   Thank you Mr Chairman.  Mr Mpanza, the time that we have broken for the short adjournment, you were at the stage where you were saying that you had left Durban on the Saturday and you had arrived at Empangeni.

ZIBA GERALD MPANZA: That is right.

MS MOHAMED: Okay, now, who was with you at the time?

ZIBA GERALD MPANZA: It was myself, Mzwake Malevu, Tekozani Ngema, Nmezela Mkungu.

MS MOHAMED: Why did you leave for Empangeni on that Saturday?

ZIBA GERALD MPANZA: We left for Empangeni on Saturday so that we could show comrades Tekozani as well as Mzwake the area, because they did not know that area.  We also were avoiding arriving on the same day that we were going to carry out the mission.

MS MOHAMED: Which day had you chosen to carry out the mission?

ZIBA GERALD MPANZA: We decided on the Monday.

MS MOHAMED: Did you choose any particular time?

ZIBA GERALD MPANZA: We decided on the morning when the place was not yet busy.

MS MOHAMED: Okay, now I am going to take you to the morning of the incident.  If you could briefly tell us what happened?

MR LAX: Sorry, before you do.  Can I just clarify, I had looked for example in paragraph 10 of your affidavit, I am just trying to clarify exactly who was with you.  It was yourself, Malevu, it was Mzwake Shandu, Nmezela Mkungu and Tekozani Ngema, is that right?

ZIBA GERALD MPANZA: That is correct.

MR LAX: Okay, because it was translated as Mzwake with another surname, that is why I was a bit puzzled.  But you are confirming that now?

ZIBA GERALD MPANZA: Yes, it is.

MR LAX: Thank you.

MS MOHAMED: Thank you Mr Lax.   Mr Mpanza, on the morning of the incident, can you tell us what happened when you arrived at Avocas Wholesalers?

ZIBA GERALD MPANZA: We left that morning, there were four of us in the car, myself, Mzwake Shandu, Nmezela Mkungu and Sifiso.  Tekozani Ngema was going to wait for us in a different car, some distance away, so that the people who were going to carry out the mission, were just the four of us.
	Tekozani then went to that predestined point.  Myself, Mzwake Shandu, Sifiso Malevu and comrade Mkungu went to Avocas Wholesalers.  On arrival there, Sifiso and Nmezela Mkungu went inside.  I and Mzwake Shandu remained outside on the lookout.
	The main reason why I remained outside was that if Steyn and his colleagues from the Murder and Robbery Unit arrived, I would be in a position to kill him.  Sifiso and Mzwake Shandu then went inside.  There were security guards on the outside, one had a two-way radio and another had a firearm.
	We tried to stop the one who had the firearm, but he tried to flee.  We pursued him, got hold of him and sat him on the ground, as well as the few people who were outside, we also told them to lay down.  After a while, Sifiso and the other comrade returned with the money.  Mzwake was next to the door, and I had concentrated on the passage where we were expecting Steyn and them to approach from.
	A security van then arrived, by that time we had already put the money inside the car.   It stopped outside the gate,  one person who was driving, alighted from the vehicle and produced a firearm.   On realising that these were not the people we were expecting, it would be unwise and it would run counter to our mission to harm innocent people.  As they had produced firearms, there was a chance that he could perhaps shoot at us, and innocent people would be harmed.
	We then decided to leave.   There was no way that we could go through the gates, because they had used their vehicle to jam that route.   I then told Mzwake to inform the others that we should leave.  This was done, and we fled by jumping over a fence around Avocas Wholesalers.
	We then went onto the road.  Mzwake Shandu went in a different direction, I and Sifiso Malevu and Nmezela Mkungu went towards the main road, and went into a bush.   We, Sifiso was then stung by bees there, and we did not know how big or how far this forest stretched, so we decided to come out and try to hide elsewhere, inside the town.
	We then came out ...

CHAIRPERSON: So you were arrested at the end of the day?

ZIBA GERALD MPANZA: Yes, we were arrested on the following day.

CHAIRPERSON: By whom, the following day?

ZIBA GERALD MPANZA: Yes.

CHAIRPERSON: By whom?

ZIBA GERALD MPANZA: The Empangeni Murder and Robbery Unit police, but however Mzwake Shandu was arrested on the same day.   I saw Mr Steyn when the investigation was already underway, but I did not recognise him when I was being collected.

MR LAX: You were able to escape, get back to kwaMashu and you were arrested there?

ZIBA GERALD MPANZA: Yes, I was arrested at kwaMashu.

CHAIRPERSON: And the others?