Amnesty Hearings — Johannesburg — 1998-12-01

MR SAMUELS: Mr Chairperson, the next applicant is Jabu Jacob Nyethe, application number 7285 and his application itself appears on page 166 of I think it's volume 2.

CHAIRPERSON: Mr Nyethe, what language would you prefer to use?

JABU JACOB NYETHE: Zulu.

JABU JACOB NYETHE: (sworn states)

MR SAMUELS: Thank you Mr Chairperson.
	Mr Nyethe, do you belong to any political party?

JABU JACOB NYETHE: Yes that is correct.

MR SAMUELS: You have applied for the amnesty for the offences of murder, attempted murder, kidnapping and possession of an unlicensed firearm, is that correct?

JABU JACOB NYETHE: Yes that is correct.

MR SAMUELS: When did this incident occur?

JABU JACOB NYETHE: In 1993, I don't remember which month.

MR SAMUELS: Now can you describe the incidents - can you describe in your own words the event that you're applying for amnesty for?

JABU JACOB NYETHE: In 1993 in Thokoza Extension 2 we were an Danger Zone near the hostel.  The commander came, his name is Ben.  He told us about Sibongele, that Sibongele was with the IFP.  As a commander, we didn't ask him too many questions and so he ordered us to go and kill Sibongele together with her sibling, I don't know the sibling's name.  We went there together with other comrades, Mogoera, Vuyisile, Jango, Mavi, Mdmase, Doctor, Joseph and others, I don't remember their names because it was too many of us.  We went to Sibongele's place.  Sibongele escaped to Extension 5.  We found her there at Extension 5.  We brought her back.  When we brought her back we went to her place and collected her sibling and Ben ordered us to go and kill her at Unit F at a certain Danger Zone near the hostel.
	When we were on our way Ben stopped us, myself, Mogoera and Vuyisile.  He told us not continue to Danger Zone because we didn't have firearms.  When we were there we looked for another safe place and Ben returned back home.  We waited there to hear firearms or fire shots.  We were surprised because we didn't hear anything until one comrade came, his name was Siphiwe.  When he arrived there he asked us why we were waiting there.  We explained everything to him, we told him that we were waiting for comrades because we were waiting for comrades to shoot Sibongele.  He asked us why we were not at the danger zone so that we see when they kill Sibongele.  We told him that we couldn't because we didn't have guns.  He took one Makarof and gave it to me and he said to me I must go there and see what was going on.
	I went there with Vuyisile, he left behind with Mogoera.  On our way Doctor came and he was running.  We asked him as to where were the other comrades.  He told us that they were busy that side and when I asked him "busy doing what?" he continued telling us that they were busy raping Sibongele and her sibling and I got mad because it wasn't the way to go about it.  
	Me and Vuyisile ran to that place.  When we arrived there surely Mdmase and another guy, his name is Mavi, they were busy raping them.  Because there were too many comrades there, some of them were inside the yard and some were inside the house.  When I arrived there I took out that Makarof and I pointed the gun to the comrades to shoot them and I missed them and Sibongele's sibling got shot and my gun had only four bullets and then I shot Sibongele and Sibongele's sibling was down, she tried to grab me and then I shot at her with that one remaining bullet.  As I was walking outside Mdmase was waiting there, I asked Mdmase to finish them with that AK47 and I heard that gunfire and I told myself that Mdmase has finished them and I went to Spruit to report and the next day they were called and they were shambokked.  That's all.

MR SAMUELS: Mr Nyethe, you mentioned an AK47 a moment ago in your evidence in chief.  Did you have that weapon with you?

JABU JACOB NYETHE: No, I didn't have an AK47, Mdmase had an AK47.

MR SAMUELS: When you told Mdmase to finish the job, what did you mean?

JABU JACOB NYETHE: I meant that he must shoot them.

MR SAMUELS: Did you know with regard to the Makarof pistol that you had that it was illegal to possess such a firearm?

JABU JACOB NYETHE: Yes I knew but the situation forced us to possess those illegal firearms and it wasn't as much as a crime.

MR SAMUELS: Just very briefly, Mr Nyethe, explain why your commander, Ben, Ben Mashanini, is that correct?  Was it Ben Mashanini who was your commander?

JABU JACOB NYETHE: Yes it was Ben Mashanini.

MR SAMUELS: Explain why Ben asked you to attack Sibongele's house?

JABU JACOB NYETHE: As from 1990 Sibongele was a member of IFP and she was running a certain spot and after IFP members have attacked people they will come to Sibongele's place and drink there and they will be happy, celebrate at Sibongele's place.

MR SAMUELS: When you went to Extension 5 with the comrades to collect Sibongele, did she want to come with you?

JABU JACOB NYETHE: No she didn't, we forced her.

MR SAMUELS: Thank you Mr Chairperson.
NO FURTHER QUESTIONS BY MR SAMUELS

CHAIRPERSON: Yes Mr Swanepoel?

MR SWANEPOEL: Thank you Mr Chairperson.
	Mr Nyethe, when you - do you Sibongele's sister, do you know what her name is?

JABU JACOB NYETHE: No I don't know her name.

MR SWANEPOEL: Alright, now let me concentrate on her for now.  You testified that when you initially went to, may I use the word arrest, Sibongele and take her to be executed that she escaped to another section and that you followed her and caught her there, is that correct?

JABU JACOB NYETHE: Yes that is correct.

MR SWANEPOEL: And that at that stage she was alone and you went back and you fetched her sister and you took the two of them away, is that correct?

JABU JACOB NYETHE: Yes that is correct.

MR SWANEPOEL: And that your instructions from your commander, Ben, was to kill Sibongele because she was an IFP informer, is that correct?

JABU JACOB NYETHE: Yes that is correct.

MR SWANEPOEL: Why did you go and fetch her sister?

JABU JACOB NYETHE: Her sister was a girlfriend of a certain member of the IFP, so we took it as someone who is also supporting IFP.

MR SWANEPOEL: Yes, but those were not your orders, your orders were to fetch Sibongele and kill her.  Why did you go back ...(intervention)

CHAIRPERSON: No, I think he said that his orders were to go fetch Sibongele and a sibling is the word used.  I'm not too sure whether the sibling and the sister is being confused.

MR SWANEPOEL: As you please Mr Chairman, I'll rephrase the question.  Let me ask you specifically, did your orders include to fetch both Sibongele and her sister?

JABU JACOB NYETHE: Ben ordered us that we should take both Sibongele and her sister and there were other comrades watching so that Sibongele's sister doesn't escape as well.

MR SWANEPOEL: Alright, now I'll inform you at this stage that Sibongele's sister's name is Doris, Doris Sambo and I will refer to her as Doris as we go along.  Now Doris tells me that at that stage she was a member of the ANC.  What do you say to that?

JABU JACOB NYETHE: No I didn't know that.

JABU JACOB NYETHE: And she further tells me that when you entered her house the first time, that you accused her of being an IFP informer because of the fact that she was Zulu speaking.  What do you say to that?

JABU JACOB NYETHE: We got the information from our commander.  We used to stay at the Danger Zone so they used to come and ...(intervention)

CHAIRPERSON: The question is, would you agree or do you deny that Doris, when you found her in the house, denied that she was a member of the IFP or whatever?  Is that the question Mr Swanepoel?

JABU JACOB NYETHE: She didn't.  When we arrived there she was scared, she didn't refuse that she was an IFP member.

MR SWANEPOEL: I'll take it from there Mr Chairman.
	We are talking about Doris here, did Doris escape as well?

JABU JACOB NYETHE: Would you please explain to me if Doris is Sibongele's other name?