Amnesty Hearings — Richards Bay — 1998-04-14

BRIAN QUNA MKHIZE: Mr Chair, this is well put, you had to join either the IFP or the ANC.  There is no, any other party, even the National Party, there is only two.

CHAIRPERSON: Thank you.  Mr Wills, when it is convenient we will take the lunch adjournment, because I see it is one o'clock.

MR WILLS: Yes, Mr Chairperson, I will be two minutes hopefully with this.

CHAIRPERSON: Yes, if we can then conclude that, then we can take the lunch adjournment.

MR WILLS: Yes, thank you Mr Chairperson.  Mr Mkhize, I see that in paragraph 61 of your affidavit you report that after this incident, you went back to Mrs Mbuyasi and informed her of these incidents and that later you reported the matter to Major Langeni, who confirmed that this Xele was indeed sent by him and M.Z. Khumalo for the purposes that he indicated, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: And just to complete these attacks, paragraph 62 you indicate that a few days later, Romeo picked you up in the same vehicle and you, Israel and Zweli went and attacked the ANC H2 section, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: Thank you Mr Chairperson, this is a convenient time for me before I move on to the next incident.

CHAIRPERSON: Thank you Mr Wills, we will now take the lunch adjournment.
COMMISSION ADJOURNS

CHAIRPERSON: Thank you Mr Wills, you may proceed.

BRIAN QUNA MKHIZE: (still under oath)

MR WILLS: (continued)   Thank you Mr Committee member.  Mr Mkhize, I want to turn now to discuss the incident on page 106 of the record, that is your paragraph 63.
	You have indicated in this paragraph, that your members of your syndicate were arrested, and by that you later refer to those persons being Mkanlipa Matenywa, Ben Mlambo and Lucky Mbuyasi.
	What were they arrested for?

BRIAN QUNA MKHIZE: They were arrested for attacking the house of Mr Bekhi Ntuli.

MR WILLS: Do you know if they did in fact participate in that attack?

CHAIRPERSON: Sorry Mr Wills, before you proceed, just one point on clarity.  Mr Mkhize, in your affidavit you say it was Lucky Mbuyasi that was arrested, is that Lucky Mbuyasi or Lucky Mbandwa?

BRIAN QUNA MKHIZE: I am speaking about Lucky Mbuyasi now.

MR WILLS: Just to be certain, that is a person distinct from the Lucky Mbandwa who was a member of the kwaZulu Police, is that correct?

BRIAN QUNA MKHIZE: Yes, these are different persons.

MR WILLS: Yes, and Lucky Mbuyasi is in fact related to the Mrs Mbuyasi that you have been referring to throughout your evidence?

BRIAN QUNA MKHIZE: Yes, that is her son.

MR WILLS: And just for clarity, Lucky Mbuyasi is now deceased, is that correct?

BRIAN QUNA MKHIZE: Yes, that is correct.

MR WILLS: Now, what I wanted to know is, you have indicated these people were arrested because it was alleged that they were involved in the attack on Mr Bekhi Ntuli's house.
	My question is, do you know whether in fact they were involved in this attack, which I think occurred if my memory serves me well, on the 26th of August, 1992?

BRIAN QUNA MKHIZE: Yes, I am sure that they carried out the attack.

MR WILLS: Now, were you involved in any way in planning this attack?

BRIAN QUNA MKHIZE: I was not directly involved in the planning of the attack, but I know about what happened.

MR WILLS: Can you just briefly say what happened in that attack?

BRIAN QUNA MKHIZE: They attacked the house of Mr Bekhi Ntuli.  It appears as if when they got there, they realised that the situation was quite tense.  I am not sure how it happened, but when they entered the kitchen or rather when they shot at him through the kitchen, and they entered into the kitchen, and somehow he appeared as if he had been hit, it appeared that they were exchanging fire with Mr Ntuli.
	I don't know how he made it appear as if he had been hit, so when they got into the kitchen, he threw a hand grenade at them.
	The situation was quite terrible because they were severely attacked.  They were with Makwanasi, a Special Constable who was a staunch member of the IFP and he was also a guard at Mrs Mbuyasi's house.
	That is where he was posted.  He resided at the house opposite Mrs Mbuyasi's house.  It was Special Constable Makwanasi who helped the three, he rolled them out of the house and went to report that these boys had been hit.
	They were taken in Mrs Mbuyasi's car, and she was also present.  It became clear that they wouldn't be taken to the Mbulezani hospital because after this incident, the ANC would know that they will be taken to Mbulezani hospital and will wait for them there.
	It was decided that they should be taken to the Eshowe hospital.   When they contacted Nkosi Mataba, I was then involved in that way.  Mataba was asked to claim that these boys had been sent to him and they got injured at Nyoni in his area of jurisdiction, and not eSikhawini.
	That was to be used as an alibi when investigations occurred.  Mr Ntuli did report that the boys were injured at his house.  Eventually an Investigator was called in from Durban and investigations ensued and the boys were eventually arrested.

MR WILLS: Yes, just to confirm, it wasn't as a result of the kwaZulu Police's investigations that these people were arrested, it was as a result of an independent investigation from the South African Police in Durban, that resulted in the arrest of these three, is that correct?

BRIAN QUNA MKHIZE: Yes, that is the truth.  The ANC said that this shouldn't be investigated in eSikhawini, but it was investigated by Captain Somario from Durban.  That is why they could be charged, arrested and had to set bail.
	It wasn't investigated by the kwaZulu Police.

MR WILLS: Yes, and you have indicated that a certain Mr Willis Nkunu gave testimony at the bail application of these boys, that since they have been arrested, things had quieten down considerably in eSikhawini.  As a result of that, you got involved with Victor Buthelezi, Israel Hlongwane, Romeo Mbambo, Zweli Dhlamini in attacks in eSikhawini which would prove that Mr Willis Nkunu's testimony was without substance, is that correct?

BRIAN QUNA MKHIZE: Yes, that is true.

MR WILLS: This decision to attack Mr Willis Nkunu's testimony, that was taken as a result of a broader discussion, it wasn't you alone who took that decision, please can you explain how that decision was arrived at and the parties to that decision?

BRIAN QUNA MKHIZE: At the time we were seeking bail for these three boys, and we were still going to prepare for the trial, we spent quite a long time in the Ntinzeni court, trying to arrange bail.
	Mr Willis Nkunu then testified that on behalf of the community of eSikhawini, he requested these boys shouldn't be granted bail, because since they had been arrested, the killing of people had abated, there was peace in the area ... (tape ends) ... Bebebeyela and the others that I have already mentioned.
	Romeo Khumalo was also in that meeting.  We then tried to find a way of refuting these claims made by Mr Nkuna, because what he had said, seemed to be true, the area was quiet.
	We then planned that we should attack ANC areas, attack the people there, kill them so that if we started attacking the ANC, killing them, the CR at the Police station would increase, we would use that CR to use it to apply for bail.
	We would say from this date, since these boys had been in prison or had been in custody, this is the number of people who have died.  Who has killed these people, because the people who are claimed to be responsible, are in custody?
	This would then be in direct opposition of Mr Nkunu's testimony.  We then did this indiscriminately.  Because we had to raise the CR number quickly, we started shooting or killing people in large numbers, so that we could get bail for these boys.

MR WILLS: Was there a person who professed at that stage to be a lawyer party to this discussion, if so, what was his name or who was advising on the strategy?