Amnesty Hearings — Richards Bay — 1998-04-14

BRIAN QUNA MKHIZE: We parked the car and alighted.  We entered Sergeant Dhlamini's house, there was a light shining outside.  I think I am the one who shot at the light.  We had parked the car just outside the house.
	Ali remained in the car.  I tried to shoot inside the main bedroom, because I believed that he was in there but I was only shooting at the wall because I knew that as a Policeman he would be armed inside and he was likely to respond, so that I could locate him where he was inside the house.  He didn't shoot back.
	I shot again and he did not respond.  We then took our positions, Romeo was at the back near the kitchen door.  I and Hlongwane were at the front.  Constable Mthetwa took guard at the side near Sergeant Dhlamini's neighbour.
	On realising that Sergeant Dhlamini was not responding by firing, but we could hear his voice inside the house, he was shouting obscenities, it appeared that he knew who was shooting at him.
	From his insults it appeared that he knew who were shooting, saying that we were there to finish him off, sent by so and so.  Saying that we would not succeed today, we should come inside the house and he would show us.
	We eventually managed to kick the door open, both the back and front doors and we fired.  His wife emerged, carrying a baby on her back.  We stopped firing and the wife passed us and she went to the neighbours.
	Then we advanced into the house.  I then remembered that we had not parked the car properly, it was in front of the gate.  As the gunshots were going off, I thought that the neighbours would look out and see the car and take the registration numbers.
	I then told the other guys that I was going back to the car but they should continue.  I got into the car and I told the driver to move off.  I went back to my place and slept.
	On the following day I woke up and went to Romeo's house and he told me that they had eventually succeeded.  He explained how they had killed him.
	The person who eventually shot him, was Israel Hlongwane, but I wasn't there at the time because I had gone back.  I heard this information from Romeo on the following day.

MR WILLS: Is it not also so Mr Mkhize, that you reported again back to Major Langeni and indicated to him that you had, your unit had successfully attended to this mission?

BRIAN QUNA MKHIZE: Yes, that is correct, I reported back to him.  He was very pleased that we had succeeded.

MR WILLS: Is it also not so that a Captain Nquno who was Head of the Riot Investigation Unit at eSikhawini called Romeo and you in to his office in order to question you about this incident?

BRIAN QUNA MKHIZE: Yes, there was a time when I was called in by Captain Nquno about this matter.  When I got into the office Romeo was already there.

MR WILLS: And what was said at this meeting?

BRIAN QUNA MKHIZE: He told us that we are suspects in the murder of Sergeant Dhlamini, who was also known as Mdonono, but he said for the time being sworn statements made that person said he saw Romeo and that in fact would necessitate the arrest of Romeo, but nobody had as yet claimed that they had seen me, so I wouldn't be arrested.
	We then asked why, when did it start that if we carry out these operations, we get arrested and he said that ANC leaders are busy phoning saying that the evidence is there, why are the people not being arrested and they were saying that they were taking this case to the Goldstone Commission because there was evidence that we had killed Sergeant Dhlamini.
	We then realised that Dhlamini must have been an important person in the ANC.  Captain Nquno told us that there were endless telephone calls from the ANC leadership on why we were not being arrested, therefore the matter was no longer in his hands, it was going to the Goldstone Commission therefore we should accept and be arrested and we will try to deal with the case, but I wouldn't be arrested because there weren't as yet sworn statements from witnesses.
	Romeo refused to be arrested and enquired as to who had given the instruction for us to be arrested, and Captain Nquno told us that Brigadier Mzimela had given the instruction.  Romeo then asked for the Captain to take him to Brigadier Mzimela.  They went there and I remained behind.
	I think Romeo can explain better what discussion they held with Brigadier Mzimela.

MR WILLS: I just want you to confirm one aspect of the evidence in this regard.  In paragraph 84, page 116 where you say he and I trust you are referring to Captain Nquno he also informed me that they were going to take some precautions to destroy the evidence because it was suspected that the dockets would be taken to the Goldstone Commission for investigation.
	Did he in fact say that to you?

BRIAN QUNA MKHIZE: We talked about this matter in his office because we didn't, it was the first time that we hear of being arrested.  He assured us that we should do this for the time being so that the ANC leaders will be (indistinct), but afterwards they will try by all means that we are not touched or convicted and we believed him.

MR WILLS: Sorry, Mr Mkhize, my concern is the issue of destroying evidence.  Did he make any statements in this regard?

BRIAN QUNA MKHIZE: This, yes, we did.  We talked about swopping cartridges that is swopping the cartridges on the scene.  He said that maybe we should take cartridges from the scene in J1 and replace them, swop them for this at Sergeant Dhlamini's house.  We protested against this because we had also carried out the murder in J1.

MR WILLS: Sorry, just to be clear for the members of the Committee.  When you talk about the incident in J1, you are now referring to the incident where the four youths were killed at the shibeen, is that correct?  The incident that had occurred earlier in the evening to Sergeant Dhlamini's death?

BRIAN QUNA MKHIZE: Yes, that is the incident I am referring to.

MR WILLS: Now, I also just want to confirm before I leave this incident, is it not so that the area within which this shibeen is situated, where the four youths were killed, is indeed an ANC controlled area?

BRIAN QUNA MKHIZE: Yes, that is so.

MR WILLS: Just to complete this incident, it is also true that you were convicted of the murder of Sergeant Dhlamini and sentenced to a 25 year term of imprisonment for this incident, and so too were Mr Mbambo and Mr Hlongwane convicted and given the same sentence and they also were convicted in respect of the murders of the four youths and also sentenced to 25 years, is that right?

BRIAN QUNA MKHIZE: Yes.   The murder of Sergeant Dhlamini carried two charges, one of house breaking because we had forcefully entered his house.  It was house breaking with intent to murder and the second charge was murder.
	We were sentenced each one of us to 25 years imprisonment, we are serving that sentence at Westville prison.

MR WILLS: Before we go off the issue of the court, the trial and the sentence, it is correct that the cumulative effect of your sentence is in fact that you are serving a term of 52 years, is that correct?

BRIAN QUNA MKHIZE: Yes, that is 25 years for the murder of Sergeant Dhlamini, another 25 years for the murder of Nathi Gomedi and the two years was for checking or breaking into Membula's house at J1.
	Because I entered that house forcefully.

MR WILLS: Is it not so that during your trial in that matter, you did in fact not offer a version in defence of these matters, you simply remained silent in your trial, is that correct?

BRIAN QUNA MKHIZE: Yes, I did not offer any defence.   I only spoke in mitigation of sentence where I requested for reduction of sentence, that is when I started speaking but from the beginning to the end of the trial, I did not offer any defence.