Amnesty Hearings — Johannesburg — 1998-09-16

MR MBANDAZAYO: Thank you.  Mr Chairperson, I'll proceed to read the affidavit.
"I, the undersigned, Sonnyboy Johannes Sibiya, do hereby make an oath and say that I am the applicant in this instant.  The facts to which I depose are true and correct and within my personal knowledge, unless the context states otherwise.  I was born on the 25th March 1965 in Bethal, Emzinoni Township and unmarried, and have three children.  Two of them staying with their mothers, one is staying with my family.  I have two sisters, a mother and father and I left school in 1988.  I joined the PAC through Azania in 1985 and my sole aim to join the PAC was to fight settler colonisation and fight for the return of our land from those who stole it from our forefathers through force of arms.  In early 1991 I joined the task force of the PAC which its duties was to defend the organisation when under attack, and also used as a pool for APLA operations when manpower is needed by APLA.  After joining the task force in 1991 I was sent to Umtata, Transkei for basic military training and I was trained in handling of arms and explosives for about four months.  After completing my basic military training I went to Efolweni in KwaZulu-Natal.  I stayed there for about a month and went back to Emzinoni Township per car.  My activities during this time as part of my deployment was to form a task force and the purpose of the task force was to defend the homes and the members of the PAC.  At the time at Bethal there was a political conflict between ANC and PAC.  This resulted in members of the PAC being chased away and their houses burnt down.  Some of them were killed.  Because of the problem we were facing, I decided to contact the director of operations and I did not manage to get him, but I talked to Comrade Mandla and I explained to him the situation.  He told me that we must identify the culprits and attack them, and they will not attack us again.  On the 15th of October 1992 we went out at night in search of these ANC ring leaders, but without any success.  It was myself armed with .38 Special, Sipho armed with Chinese stick grenade and also Thulani also armed with Chinese stick grenade.  On the 17th October 1992 I went out between 3 o'clock and five 5 o'clock in search of these ANC ring leaders and after an hour I was fortunately to find them.  It was the deceased and another one.  I called them, but only one came and it was the deceased.  The other entered into a house.  I asked the deceased to call the other one because I wanted to speak to both of them.  He told me to speak to him only.  I told him that they must stop attacking the PAC members.  He told me that there is only one organisation which is going to exist in Bethal and it is the ANC.  He also told me that I must leave Bethal if I do not want to die as only one organisation is going to exist there.  As I was armed with .38 Special I shot him about two times and I left.  I did not sleep at home on the day of the incident.  I came back on the 18th and I was told that the police are looking for me.  My uncle accompanied me to the police station and the police told me to come the following day as they were not aware that they were looking for me.  On the 19th I went back to the police station and I was arrested and locked in.  On the 25th February 1994 I was convicted of murder and sentenced to fifteen (15) years' imprisonment.  I respectfully submit that my application complies with the requirements of the Act and that I have made full and proper disclosure of my involvement in this incident."
	Mr Chairman, I will just go back after I've read it, just a certain paragraph to ask him to clarify certain portion.  I will start with paragraph 6, Mr Chairman.
"After joining the task force in 1991 I was sent to Umtata, Transkei for basic military training in handling of arms and explosive for about four months."
	Can you tell the Committee where were you trained in Transkei?  Exactly in which place were you trained there?

SONNYBOY JOHANNES SIBIYA: I was in Port Shepstone.  Oh sorry, Port St Johns.

MR MBANDAZAYO: Now, do you know ... (intervention)

ADV SIGODI: Sorry, just for the record, would it be Port St Johns?

MR MBANDAZAYO: Yes.

ADV SIGODI: Thank you.

MR MBANDAZAYO: Do you know who was your commander during the training?

SONNYBOY JOHANNES SIBIYA: Yes.  I found somebody called Squeeze and I also saw Lihle Mpampahlele, but Squeeze was the commander at that base.

MR MBANDAZAYO: Mr Chairman, I proceed to paragraph 11, the first sentence.  In fact the second sentence that, "It was the deceased and another one".  Do you know who was the deceased, the name of the deceased and the other person you're talking about?

SONNYBOY JOHANNES SIBIYA: I heard his name was Mfriyi.

MR MBANDAZAYO: Who was the second person, his name?  What was his name?

SONNYBOY JOHANNES SIBIYA: Although I'm not sure, I think it was Moss.

MR MBANDAZAYO: Now, can you tell the Committee how did you know that they were the culprits or the ring leaders in what you alleged it was happening at Bethal at the time?

SONNYBOY JOHANNES SIBIYA: Firstly, my commander gave me instruction that we should try by all means to identify the culprits who were responsible for whatever was happening to PAC members.  That is how I eventually learnt who they were.

MR MBANDAZAYO: In the same paragraph, almost the second part of paragraph 11
"As I was armed with .38 Special, I shot him about
two times and I left."
Can you tell the Committee why did you shoot him?

SONNYBOY JOHANNES SIBIYA: I will try to explain because I was also under orders.  As the decision had been taken that I should identify those culprits who were attacking PAC members and that they should be stopped so that they do not attack PAC members again, because it was apparent that some PAC members had already fled the township and some were killed, some of their houses were burnt down.  Therefore I had no other choice but to follow the order to do what I've been ordered to do.

MR MBANDAZAYO: Thank you, Mr Chairman, that's all at this stage.
NO FURTHER QUESTIONS BY MR MBANDAZAYO

CHAIRPERSON: Thank you, Mr Mbandazayo.  Mr Mapoma, have you got any questions?

MR MAPOMA: Thank you, sir.  Mr Sibiya, have you ever gone to school?

SONNYBOY JOHANNES SIBIYA: Yes.

MR MAPOMA: What standard did you pass at school?

SONNYBOY JOHANNES SIBIYA: I failed standard 10, that is when I decided to leave school.

MR MAPOMA: It appears that you have completed three application forms for amnesty.  Do you confirm that?  From page 1 up to page 13.

MR LAX: Just for the record, the first one is from page 1 to page 7.  The second one is from page 8 to page 10.  And the third one is from page 11 to page 13.

SONNYBOY JOHANNES SIBIYA: That is correct.

MR MAPOMA: Did you complete these applications yourself, all of them?

SONNYBOY JOHANNES SIBIYA: Yes.

MR MAPOMA: And on the basis of what you stated there, you sought amnesty?  You seek amnesty, is it correct?

SONNYBOY JOHANNES SIBIYA: That is correct.

MR MAPOMA: Why did you kill Mfriyi Dludlu?

SONNYBOY JOHANNES SIBIYA: I will try to explain.  My killing Mfriyi was because of the action that they carried out against the PAC members, killing them and burning their houses down, as well as various other acts that they committed against the PAC.  Some of PAC members fled the area.  That is why I killed him.

MR MAPOMA: Is it correct that some of your family members were burnt down in the area before this incident of you killing Mfriyi?

SONNYBOY JOHANNES SIBIYA: Please repeat the question.

MR MAPOMA: Is it not correct that your family members were attacked in the area where you stayed?