Amnesty Hearings — Hammarsdale — 1998-08-11

BHEKISISA ALEX KHUMALO: Yes, we did check because when I was near him, when I was close to him I realised that he is dead.

MR STEWART: Do you know who it was?

BHEKISISA ALEX KHUMALO: No, I do not know.

MR STEWART: You mention in your statement that you had tried first to get Madlanduna to bring you a firearm but he couldn't be reached, do you recall that?

BHEKISISA ALEX KHUMALO: Yes, I do, we did not reach him.

MR STEWART: Why did you try and get a firearm from Madlanduna?

BHEKISISA ALEX KHUMALO: I wanted the gun because we were being attacked and if we were attacked we should have a weapon to defend ourselves with.

MR STEWART: Did you expect that Madlanduna would have a firearm for you?  Is that the role that he usually played?

BHEKISISA ALEX KHUMALO: Yes, as our commander, if we explained the situation to him he would normally advise us on what to do and sometimes he would give us guns, therefore I knew that if we could get hold of him he would be able to give us a gun.

MR STEWART: How was it that you yourself did not have a firearm permanently as an apparent member of the KwaZulu Police?

BHEKISISA ALEX KHUMALO: During that time ...

MR STEWART: You can proceed Mr Khumalo.

BHEKISISA ALEX KHUMALO: The police guns were actually booked when we actually go home.  Thereafter, after the duty whether you are from the patrol or whatsoever we used to leave them in the office.  We never left with the guns.  The guns that we had were actually not the proper guns.  Mine was actually taken by the police.  I didn't have to office one.  I used to borrow or maybe take some from Madlanduna or he would take it or you know, leave it with me.

CHAIRPERSON: Mr Khumalo, when you said you fired at those people, did you hit anybody?

BHEKISISA ALEX KHUMALO: I cannot say that I realised that I did shoot somebody, it was just an ambush and I was just shooting randomly so I wasn't directing it to anyone in particular and then I see that person falling down.

ADV MOTATA: Mr Khumalo, you said in the sixth incident you had a 9mm which you could not use, where did you get that 9mm from?

BHEKISISA ALEX KHUMALO: This 9mm I actually took it from kwaMashu.  We went to kwaMashu, I can't quite remember the section and when we arrived there there was a comrade from that place, he actually showed us this place and actually indicated that these are the comrades, so it was during that day we couldn't actually kill those comrades so we took it from those comrades.  We did not actually take this guy to prison.  I just took the 9mm when we were searching them.

ADV MOTATA: After you had given it to your colleague because of your insobriety, did he give it back to you later, that 9mm?

BHEKISISA ALEX KHUMALO: Can you repeat the question?

ADV MOTATA: You remember when you tried to shoot at those who were on the trees, that is the comrades, you gave it to your colleague and you instead took a knife, after the incident did your colleague give it back to you?

BHEKISISA ALEX KHUMALO: Thereafter yes, he did return it to me.  Yes, it was with me.

ADV MOTATA: Because now when we speak of Incident 7, we can't actually recall the exact month and date, the same as Incident 6.  What had happened to the 9mm when you now were involved in this Incident 7, ambushing the comrades?

BHEKISISA ALEX KHUMALO: This 9mm, when I was actually wanted by the police, I can't quite remember why they were looking for me, they used to come in the house.  Luckily they would come when I'm not around.  I was in Pietermaritzburg when I was a Special Constable, when the police were looking for me I just ran away and I went to Ulundi.
	At Ulundi I knew that the situation is bad at Three Line, people were being attacked.  I decided to leave the gun behind so that they can protect themselves.  I actually left it with Tulani Vilagazi.  When I was at Ulundi I heard that Tulani when he was working on the road, he was shooting randomly, actually he wanted to shoot everyone on the road and he was taken by the police and they took the gun.  That is how I lost that gun.

ADV MOTATA: Thank you Mr Stewart, you may proceed.

MR STEWART: Thank you.
	Mr Khumalo, this incident concerning the attack on Three Lines, when you killed the person on the bridge above the stream, were you ever investigated or charged for that offence?

BHEKISISA ALEX KHUMALO: No.

MR STEWART: Now if we can move on and deal with Incident Number 8 which begins at the bottom of page 364 in the papers.  It's what's referred to as the killing of Mrs Xhaba and it's said to be in 1988, do you remember that incident?

BHEKISISA ALEX KHUMALO: Yes, I do.

MR STEWART: Who was Mrs Xhaba?

BHEKISISA ALEX KHUMALO: I heard of her.  I didn't know her, I only knew that when I was across that it was, I was told that there was the Xhaba place.  She was working in the firms.  I can't quite remember whether at Weber or in Pinetown, but the information that I received is that there was a person Bongo Somi who was our person just across.  He is the one who told us that at Xhaba's, as you see there's always comrades there.  Those are the comrades that usually attack us at night.
	Mrs Xhaba used to supply them with the guns, food and this so that they can go and attack and come back.  When we received that information I was with Musa, Musa Xulu.  We then decided that this person must be attacked.  She is the one then who is destroying us. Instead of destroying or attacking a lot of people we should target the very same person who is supplying them with guns, food and the other materials, to the people who attack us.

MR STEWART: Sorry to interrupt you.  You mention in your application that you verified the information which you had received, in what way did you do this?

BHEKISISA ALEX KHUMALO: I spoke to another group with the other person.  Those people who were the Inkatha members they actually verified this and also Bongo was a person who was trained in the Defensive Group.  The information that she was was brought by him.  I didn't actually have any doubts to such information and I didn't even question because he was trained in the Defensive Group.

MR STEWART: Now you've explain that you and Musa Xulu decided that Mrs Xhaba should be killed, explain what your plan was.

BHEKISISA ALEX KHUMALO: The first thing, we actually went and looked for a gun.  During that time it was not easy to go, we didn't even have the phone and now Noka Dlamini was there just around.  He was also a Caprivian.  We went to him and this person Noka gave us an HMC, the gun, and then we proceeded because we thought that Mrs Xhaba, it will be better if we actually kill her after work.
	On the first day we met her at night, it was in the evening.  When we met here there were other people who were with her, so we left her on that day.  We decided that we should wake up early in the morning, and then we went with Musa Xulu and then we slept in my house and then at 3 a.m. we woke up, we went and then we hid there nearby her house.  We stayed there and then we saw her leaving the house.
	We followed her and she was on a certain passage and this passage was nearby the house called Ekoseni.  On that passage there are a few flights of stairs, about three or four.  On the last stair I was in front and Musa was behind.  Musa had this butcher knife on the last stair.  I was on the first flight of stairs and then I was actually made a noise and then she looked behind and checked who was there.  I suppose the footsteps actually scared her, so then when she looked back I shot her.  I fired twice and then she fell down and then we returned and we ran away and then we went where I live.  I went back where I live and then Musa went back to his place.

MR STEWART: Mr Khumalo, did you receive specific instructions to kill Mrs Xhaba or did you come to that decision on your own, you and Musa Xulu?