Amnesty Hearings — Durban — 1999-11-18

CHAIRPERSON: Yes, we will now hear the amnesty application of Mandlekahise Joseph Mkhize, amnesty reference AM4477/96.  The Panel is constituted as would appear from the record.  Mr Panday, could you just put yourself on record?

MR PANDAY: Thank you Mr Chairperson.  I confirm my appearance on behalf of the applicant Mr Mandlikhize Joseph Mkhize.  Initial S, surname Panday.

CHAIRPERSON: Thank you Mr Panday and then Mr Sibeko?

MR SIBEKO: Thank you Mr Chairperson.  I confirm my appearance on behalf of the victims in this matter.  My initial is M, surname is Sibeko, S-I-B-E-K-O.

CHAIRPERSON: Thank you Mr Sibeko and the leader of evidence?

MR MAPOMA: Thank you Chairperson, my name is Zuko Mapoma the leader of evidence.

CHAIRPERSON: Thank you Mr Mapoma.  Yes Mr Panday?

MR PANDAY: Thank you Chairperson.  Chairperson, the applicant is the first witness to be led in terms of his application he may be sworn in.

CHAIRPERSON: Mr Mkhize, can you hear the interpretation?

MANDLEKAHISE JOSESPH MKHIZE: Yes.

MANDLEKAHISE JOSESPH MKHIZE: (sworn states)

MR PANDAY: Thank you Mr Chairperson.
	Mr Mkhize, is it correct that at present you are a prisoner in the Inkombe Prison?

MANDLEKAHISE JOSESPH MKHIZE: That is correct.

MR PANDAY: And Mr Mkhize when were you first taken to Inkombe Prison?

MANDLEKAHISE JOSESPH MKHIZE: I was taken there in 1994 on the 3rd November.

MR PANDAY: Mr Mkhize, for what offence or offences were you sentenced?

MANDLEKAHISE JOSESPH MKHIZE: Attempted murder, as well as possession of a hand grenade.  It was attempted murder with a firearm, a home made firearm and possession of a hand grenade.  Those are the charges I was sentenced for as well as the ammunition I had in my possession.

MR PANDAY: Mr Mkhize, what term of imprisonment are you serving?

MANDLEKAHISE JOSESPH MKHIZE: In total it was 14 years imprisonment.

MR PANDAY: Now Mr Mkhize is it correct that you are now seeking amnesty in respect of the offences that you've been sentenced for?

MANDLEKAHISE JOSESPH MKHIZE: Yes I seek amnesty for the charges that the court indicted me and also because I did not have intention of doing that act but I was forced by the circumstances.

MR PANDAY: At the time of committing these acts where were you living?

MANDLEKAHISE JOSESPH MKHIZE: At that time I had no fixed residence because I was being sought by the police for the manufacture of firearms so I stayed with a relative.

MR PANDAY: Which area were you living in?

MANDLEKAHISE JOSESPH MKHIZE: It was at Empangeni, the Inkosi of that area is Zwelindale, I also stayed at Matigulu, that is where my father was born.

MR PANDAY: Mr Mkhize, the acts or the offences that you committed, in which area were these offences committed?

MANDLEKAHISE JOSESPH MKHIZE: It happened in the Empangeni in the Embo area.

MR PANDAY: Is that area described as the mid lows area?

MANDLEKAHISE JOSESPH MKHIZE: Mid Low is the town, it is a farm area but the crime happened at the tribal land which is under a chief.

MR PANDAY: Mr Mkhize, during that period of time were you a member of any political organisation?

MANDLEKAHISE JOSESPH MKHIZE: Yes I supported Mr Sepo Mkhize but this was done covertly because the ANC at the time was banned and if you were found out to be a member you'd be killed.

MR PANDAY: So is it correct to assume that you were an ANC supporter?

MANDLEKAHISE JOSESPH MKHIZE: Yes in other words I did support the ANC.  In fact we had held discussions with Mr Sepo Mkhize for me to go receive training but he died, he was killed.

MR PANDAY: Mr Sepo Mkhize, what position did he hold in the ANC?

MANDLEKAHISE JOSESPH MKHIZE: He was the ANC leader in the area and he used to be the one person who informed us on the teachings and policies of the ANC as to what assistance it rendered to Black people.  He would give us these discussions in secret because that organisation was not wanted in Umbumbulu.

MR PANDAY: Now Mr Mkhize, when did you first join the ANC?

MANDLEKAHISE JOSESPH MKHIZE: Around 1983 that is when I got into contact with Mr Sepo Mkhize, that is when we had discussions about this organisation.

MR PANDAY: Mr Mkhize, in the area that you lived or resided in, were there any other political parties in that area?

MANDLEKAHISE JOSESPH MKHIZE: Yes the one active organisation at the time was the IFP because if I'm not wrong it was found around the '70s and the ANC was still operating underground.

MR PANDAY: You mentioned that the IFP was from the 1970s.  Do you know how the IFP came to be a party since the 1970s in the said area?

MANDLEKAHISE JOSESPH MKHIZE: It all started in schools, that is when we were indoctrinated with the organisation.  Some people didn't support it and some of us did not have any regard to it.  The people who were more concerned about it were our parents, the older generation.  Amongst the youth the opinions were divided.

MR PANDAY: Now Mr Mkhize, during the '70s you mentioned the IFP were also a party in the area.  Do you know any event that caused there to be an IFP and ANC parties in the same area?

MANDLEKAHISE JOSESPH MKHIZE: With regards to the ANC there was first the UDF movement.  At that time people used to wear ANC tee-shirts.  At the time the UDF was the operating arm of the ANC.  The IFP was already in existence by then because they operated freely without any problems but the establishment of the ANC was considered by UDF.  After the UDF was disbanded then the ANC operated freely, that was in the '90s.

MR PANDAY: And Mr Mkhize at the time that you became a member of the ANC did you experience any problems in the Ndlovo area?

MANDLEKAHISE JOSESPH MKHIZE: Yes there were serious problems at mid Ndlovo because there were wars that were going on, people were fighting White farmers in the neighbouring areas.  It was actually people who were living, residing inside those farms so they would launch attacks at us in tribal areas.  When we went to report such matters the police would take no notice of the people who were being killed.  That started around 1975, 1976.  People from Lupapa were attacked and they were driven out of the area but the police did not take an action, they did not arrest those perpetrators.  The area Umgugamisa was also attacked.  People from Tamele were also attacked.  A few of them remained near Mr Delongo's area.  It was just a few of us remaining.  After a while those people from the farms returned and they resided in the area.  At that time I was no longer residing at Empangesi but Umbumbulu.  I was then living with Mr Sepo Mkhize's group because of the violence that went on in the area and also for the fact that no one was being apprehended for those acts and the police were clearly aligning themselves with the perpetrators.

MR PANDAY: Mr Mkhize, the mentioned that the police did nothing and were aligning themselves with the perpetrators.  Who were the perpetrators?

MANDLEKAHISE JOSESPH MKHIZE: It was Mr Tandawasi Mtenga's group.  He was their leader.  The reason why I point a finger at the police is because the people of Empangisa would identify the attackers but no one will be arrested.  This affected me deeply because it appeared that we were all going to be finished up and no steps will be taken.

MR PANDAY: And Mr Tembagasi Mtembu, who was he?

MANDLEKAHISE JOSESPH MKHIZE: He was one of the people who resided in Empangisa after conquering that area.  He was the leader of the attackers.

MR PANDAY: And why were the police on his side or aligned themselves with him?

MANDLEKAHISE JOSESPH MKHIZE: They were related by marriage with some of the police because from the police's actions you could see that they aligned themselves.  When we were attacked the police would come to us and look for firearms or weapons from our side and not from them so we would be disarmed so that they can attack us more easily.

MR PANDAY: Did this Mr Mtembu belong to any political party?