Amnesty Hearings — Durban — 1998-04-09

BEKHISISO ALEX KHUMALO: When we parked outside the post office, Msisi got out of the car as planned and went to check inside the shop.  He returned and told us that everything was okay.
	Because we had agreed that if he was there, he would be in his office.   We got out of the car and Msisi disappeared.  Then we went separately into the shop.   I and Vela were the first ones to go in and pretended to be buying something.
	At that time, Pumlani Mshengo and Spo Bengu appeared, passed us and then disappeared.  At that, when they passed us, we went to position ourselves by the entrance.  I then heard gunshots.  After that Pumlani and Spo emerged, passed us and then we followed them.
	When we left this place, when we already on the street, I heard gunshots behind me.  When I looked back, I saw Vela's gun pointing upwards, then I realised that he was shooting in the air and I proceeded.
	Before I got to the car, I also heard gunshots.  I turned back, but I couldn't see anything.  I was the last one to get into the car.  We then agreed that we should go straight to Mpumalanga.
	We then arrived at Mpumalanga and I am not sure who amongst us phoned Yamile's house to inform them that everything had gone well.

MR STUART: If I can interrupt you Mr Khumalo, where about in  Mpumalanga did you go to, to someone's house?

BEKHISISO ALEX KHUMALO: We went to a certain house although I can't remember whether it was Lieutenant Macatini's house or Mrs Quno's house at Woodyglen.

MR STUART: Why did you go to one or either of those houses?

BEKHISISO ALEX KHUMALO: Pumlani Mshengo and Spo Bengu used to stay at Mrs Quno's house.  As regards to Macatini, the car that we were using, I heard that it belonged to him.

MR STUART: You said that one or other of you phoned back to Yamile's house to report.  What was the response which was received from Yamile's house?

BEKHISISO ALEX KHUMALO: Even though I am not the one who made the call, I heard that they will try means of fetching us.  We were eventually fetched, although I don't remember who collected us.

MR STUART: And did you return to Claremont?

BEKHISISO ALEX KHUMALO: Yes, Vela, myself and Hleganpani.  Spo and Pumlani remained at Mpumalanga.

MR STUART: Did you see Samuel Yamile on returning to Claremont?

BEKHISISO ALEX KHUMALO: Yes, I did.

MR STUART: Did he speak with you?

BEKHISISO ALEX KHUMALO: Yes, he spoke to us.

MR STUART: What did he say to you?

BEKHISISO ALEX KHUMALO: He was happy and said that we had done a good job for him and he shook our hands.

MR STUART: Did he give you anything?

BEKHISISO ALEX KHUMALO: If I remember correctly, he gave me R100-00 and said it was a gift to thank us.

MR STUART: Mr Khumalo, you are aware that Mrs Khuzwayo is here today.  Do you have anything to say to her about this murder of Zazi Khuzwayo?

BEKHISISO ALEX KHUMALO: Yes.

MR STUART: What do you have to say?

BEKHISISO ALEX KHUMALO: I would like to say to Mrs Khuzwayo and relatives of the family, and those who were affected by his death, I ask for their forgiveness.  I know that it is difficult, but at the time I did not do this voluntarily.
	I was compelled by the political situation at the time.  I do wish today that maybe there was another way that even if Mr Khuzwayo was an IFP enemy, I wish there was another way in which he could have been dealt with without killing him.

MR STUART: That is the evidence, Mr Chairperson.

CHAIRPERSON: Yes, thank you.  Thank you Mr Khumalo.
	As  I said earlier, at this stage we are just leading by consent of Mr Khumalo and with the agreement of people present here, the evidence in chief relating just to the incident relating to the death of Mr Khuzwayo.  
	Cross-examination on that incident will of course be allowed when Mr Khumalo gives evidence later, and in fact when he gives evidence later, he will also be free to repeat again what he has said here today.
	That then brings the proceedings here at an end.

MR STUART: Mr Chairperson, sorry to interrupt, just in regard to Mr Mpshe's question earlier about the attempted murder of Pam Tsabalala.
	I notice there is still a little time, if I could be given just one minute to confer with the applicant, it may be that we can deal in the same fashion with that incident.

CHAIRPERSON: Yes.

MOKOTEDI MPSHE: Mr Chairman, I have no objection to that.

CHAIRPERSON: Yes, I think if we could do that, I see that there is some time, so perhaps we can take a short adjournment and then if you could let us know Mr Stuart and Mr Mpshe, what the situation is, thank you.
	We will take a short adjournment.
COMMISSION ADJOURNS

BEKHISISO ALEX KHUMALO: (still under oath)

CHAIRPERSON: Lead then with regard to the incident relating to the attempt on Mrs Tsabalala, thank you.

MR STUART: (continued)  Thank you Mr Chairperson.  Mr Khumalo, we are now going to deal with the incident as it has been said, of the attempted murder of Mrs Pam Tsabalala, do you recall that incident?  You explain in your affidavit that before that took place, you were collected from Mpumalanga and taken to Claremont, do you remember that.  Who fetched you from Mpumalanga?

CHAIRPERSON: There is an interference on the sound system.

MR STUART: Okay, Mr Khumalo, you said that Mhlanduna fetched you.  Who else was with you when you went to Claremont?

BEKHISISO ALEX KHUMALO: It was Zweli Dhlamini, Dan Molefe.  Those two are the ones that I remember.

MR STUART: Where did you go to in Claremont?

BEKHISISO ALEX KHUMALO: We went to Mr Yamile's house.

MR STUART: At the time of going there, did you know that you would be subsequently going to attempt to murder Pam Tsabalala?

BEKHISISO ALEX KHUMALO: Even though I did not know what we were supposed to do, but I knew there was something that we were going to be doing.

MR STUART: Who told you and when were you told what it was that you had to do?

BEKHISISO ALEX KHUMALO: When we arrived at Mr Yamile's house, Mhlanduna came and told us that Mr Yamile wanted us to kill Mrs Pam Tsabalala for him.

MR STUART: Was it explained to you why Mrs Tsabalala should be killed?

BEKHISISO ALEX KHUMALO: Yes, it was said that because she was also involved in the UDF.

MR STUART: Did you know her?

BEKHISISO ALEX KHUMALO: No, I did not know her, but I had heard about her.

MR STUART: What had you heard about her?

BEKHISISO ALEX KHUMALO: I heard that she was active in the UDF and was opposing the existence of Inkatha and Mr Yamile's presence in Claremont.

MR STUART: In what way was it planned that she would be murdered?

BEKHISISO ALEX KHUMALO: We would kill her when she went or when she left her shop in the evening.

MR STUART: What did you then do to put that plan into operation?

BEKHISISO ALEX KHUMALO: When Mhlanduna dropped us, just before we went into the shop, a police truck came by in the opposite direction.  We couldn't go into the shop at that time, because even if we had proceeded, there was this police truck around.
	Mrs Tsabalala and others went into a car and the car drove off and passed near us, where we stood.
	When they passed, one of us fired.  I also fired  but I couldn't see who else was firing their gun.

MR STUART: Did you see whether anyone was hit?

BEKHISISO ALEX KHUMALO: I couldn't see because the car drove off, it sped off.

MR STUART: Did you subsequently  hear whether anyone was hit?

BEKHISISO ALEX KHUMALO: No, I didn't hear anything.

MR STUART: Is it likely given the circumstances, that someone was hit?

BEKHISISO ALEX KHUMALO: It is difficult to say.

MR STUART: That is the evidence Mr Chairperson.