Amnesty Hearings — Pinetown — 1999-03-08

MR WILLS: Yes, and he did that task.  I mean, clearly in respect of the Ermelo, he was known to be Zulu speaking.  He got the reputation of being a KwaZulu policeman there.  He didn't obviously know Ermelo at all, so had it not been for the local IFP leadership pointing people out, he wouldn't have known what to do.  They provided him with cover, they provided him with transport, they provided him with arms and ammunition and they pointed out the targets.  And basically he was more or less their fire power and that was about it.
Just the only other incident that I want to refer to that occurred within the Mpumalanga province's jurisdiction, is the issue of the murder of Japie Teledi, which involved applicants five and seven.  It involved applicant five only in a very minor respect in that he was originally involved in a conspiracy together with applicant five, to kill Japie Teledi, but for reasons that Japie Teledi was not in Bushbuckridge at the time, that mission was aborted.  You will recall that the evidence was to the effect that later after the death of applicant five's, that Mbambo's, mentor, Siphiwe Ungayani, his co-accused in that trial, Wiseman Ngxongo, came to Izingolweni and the mission again was revisited and eventually it was successful.  
	There was some controversy raised by initially Mr Hewitt and later on by Committee Member Judge Khampepe, regarding the fact that in the application Mbambo had not stated the involvement of Mrs Umbuyazi, and he'd only said that in evidence, the implication being that this was a, sort of a post event fabrication.  I'm able to refer the Committee to the judgment which I didn't have available at that time, but  I can state that the judgment in the matter where Mbambo was convicted was handed down by his lordship I think Mr de Klerk on the 22nd of June 1996.  I'm just going to check that date.  Yes, sorry, the 22nd of July 1996, and it was on that date that Mbambo appeared in Court and he pleaded guilty to this charge and he explained in mitigation the circumstances surrounding the killing, and the mitigation is recorded in the amnesty application of his co-accused, Mondli Wiseman Ngxongo, my pronunciation is bad but the spelling is N G X O N G O, and the amnesty reference number is AM4034/96.  34 of 96.  
	Now you will see from the affidavits in respect of this matter that they were only signed in December of 96, so it is clear that before the application was signed, Mbambo had already testified to the effect that Mrs Umbuyazi was involved in these matters, and essentially, to say ...(intervention)

CHAIRPERSON: In that extract in mitigation it is mentioned that Mrs Umbuyazi was involved in this.

MR WILLS: Yes, exactly.  In fact, the evidence in mitigation that is transcribed, follows almost to the letter of the mitigation, or sorry of the evidence, that was led before this Commission, the viva voce evidence.  And it's my submission that this lends credence to Mr Mbambo when he indicated in answer to those questions, that he did indicate this in Court and that there was no mala fides or an attempt to not disclose the facts on his part.
	Regarding that murder, clearly, taking into account and on the basis that Mrs Umbuyazi was involved and had ordered the, or had sanctioned the attack, when basically the evidence is Wiseman Ngxongo came to Izingolweni, he found Mbambo, Mbambo together went with Ngxongo to Mrs Umbuyazi's house.  Mrs Umbuyazi then made a phone call to the IFP contact in Bushbuckridge or Mpumalanga, she spoke to, we think, the chairperson there, and then she came back off the phone and she said, you guys must go and, in a hurry, and perform this mission.  That is borne out in the transcript of the record in the criminal proceedings, and is reflected as I say at pages 58, 59 and 60 of the bundle that I mentioned earlier, that is amnesty, the Ngxongo matter 4034/96.
	I submit in those circumstances, again, the applicant has satisfied both the requirements of full disclosure and the fact that this act was an act committed, associated with a political objective.  Again, to emphasise this, the representative of Mr Tuledi's family, attorney Ntuli from Nelspruit, was present at the proceedings at Ermelo, and he made no suggestion that one, Tuledi was not an active member of the ANC, and secondly, that Tuledi was not involved in the smuggling of weapons for the IFP, for the ANC, as was alleged by initially Sipho Umviyani as being the reason why Tuledi had to die.  I submit that had that not been the case that, particularly in the light of the fact that that family was represented, would have brought to the attention of the Committee.  My submission obviously being that one must at the very least assume that Tuledi was an active ANC person and in that sense he was a legitimate target and an obstruction to the IFP operations in that region.
	Turning now to the Mandini matters.  On the completion of my Heads I realised that I should have actually placed these within the context of the Izingolweni matters because they occurred at the same time.  Again, these involve applicant seven, in the main, and to a lesser extent, applicant six.  The reason for this being that the prime mover of these operations, the evidence suggests, is the, is chief Mataba from the Inyoni district in northern Natal, which I think adjoins the Izingolweni town boundaries, it's in the Umtinzini district.  Now you will recall from the evidence and the statement of Mbambo, that chief Mataba was listed as one of the person who he regarded as being one of the hit squad commanders.  Basically what occurred was that chief Mataba, in the main, made certain requests of applicants six and seven, to perform certain deeds.  Should I rather be, sorry I withdraw that statement, he essentially ordered six and seven to take out certain people.  Amongst them a Cosatu bus driver, certain indunas who were allowing free political association areas, and a number of others.  
	Now not only did he enlist their assistance in these matters, he also provided most of the logistical requirements.  In fact in the, on the one occasion chief Mataba himself pointed out the house where the target lived, and on other instances he provided certain persons to do that for him.  But in all instances, his blue Toyota Cressida vehicle was used in the incidents.  I submit in that context these matters must be seen, the ones specifically ordered by Mataba, as being act with, associated with a political objective.
There are a number of other acts which are directed against what appear to be Cosatu individuals in the Sundumbili area.  These also relate back to chief Mataba's concerns.  And those that don't, I think there's two that don't, I cannot specifically ...(intervention)

CHAIRPERSON: Which is the one with the mother and they used to come and eat food at the house, which one's that?  They used to come, the ANC children would come and eat at the mother's house.  What incident was that again?

MR WILLS: I'm sorry I don't remember that specific portion of the evidence, with respect Mr Chairperson.  I'll just try and ...

CHAIRPERSON: She wasn't really the mother.  Although I think that was Izingolweni, was it?

MR WILLS: I'm instructed that it's the murder of ANC member  Ginvenga in the Mandini area.

CHAIRPERSON: Yes, that's.  Yes, it's not referred to in, Gadinga.

SISI KHAMPEPE: Four point, I think it was

CHAIRPERSON: Four point three.

SISI KHAMPEPE: Page 12.

CHAIRPERSON: Yes, that's right.

MR WILLS: I don't recall that aspect exactly, if you could just bear with me very briefly.

CHAIRPERSON: It doesn't matter, I just didn't recognise it by reading your description of the Mandini events, although I remember there was this one with this house where they used to come and eat, etc. etc.  Now that it's been pointed out that it's the Gidini one, I know it's there.  I thought it might have been overlooked.