Amnesty Hearings — Durban — 1999-11-15

MR KHUZWAYO: I made attempts to trace those people but I was unsuccessful because on my return from Mozambique I had to undertake another task.  At that time we were running short of bigger firearms in our area so I had to go to Mozambique to fetch bigger firearms so that our area and other neighbouring areas could receive such weapons for protection.

ADV SANDI: Sorry, just explain one thing, this list, did it have names and addresses of people or was it just a list of names without addresses?

MR KHUZWAYO: Their addresses were not important because they were names of people I knew who resided in the area.

UNKNOWN: Mr Khuzwayo, on the Exhibit in front of me, the affidavit, point no 6 you mention an informer, Bheki Zitha, wherein you say he used to supply you with information on IFP movements.  Can you please expand on that?

MR KHUZWAYO: Mr Mahletsha had put me into contact with Bheki Zitha because he used to supply us with information with regards to IFP movements.

UNKNOWN: So did he in fact help you to trace the members on the hit list, is that what you're saying?

MR KHUZWAYO: As I explained before, I was forced to undertake the task of fetching firearms from Mozambique.  After a while, after we had collected sufficient material, I then had to stop so that I could now embark on the task of attacking the persons who were on the list, that was after the elections.  When that incident happened on the 3rd of May, I think I had just begun to undertake the task because prior to that, there'd been a lot of road blocks so I could not have undertaken it before.

UNKNOWN: With the hit list in your hands, how did you all decide who was to accompany you to carry out eliminating the people on the list?

MR KHUZWAYO: Because of my trips to Mozambique, I was not always around, so I was normally in and out.  There were other people who had started embarking on the task of killing the people on the hit list and these are the people who helped to stabilise the situation because the people on the list were responsible for killing members of the community and they would kill indiscriminately.

UNKNOWN: Mr Khuzwayo, my question actually is, who assisted you, who chose the people to assist you in eliminating the people on that hit list?  You had people to help you, how did you decide who was going to help you?

MR KHUZWAYO: I decided on those persons, because I knew they had knowledge or training of handling firearms.

UNKNOWN: Was Mr Nkwanyana a part of your list on that day?  Sorry, I'll put the question again to you.  Was Mr Nkwanyana assisting you in this attack on the 3rd of May 1994?

CHAIRPERSON: That's your co-applicant.

MR KHUZWAYO: No, he was not present.

UNKNOWN: He is known to you, is that correct?

MR KHUZWAYO: Yes, he was also a refugee like myself.

UNKNOWN: Do you know if he was in the vicinity of the Sibiya kraal on that particular day?

MR KHUZWAYO: He came upon us at the tea room, so we exchanged greetings and he informed us that he was going to the shebeen at Mandla Dlamini's, we did not ask him many questions because he was not in our company.  We had come there for a specific purpose.

UNKNOWN: Do you agree that he is a member of the ANC?

MR KHUZWAYO: That's correct.

UNKNOWN: Why did you not ask him to participate in this particular event.

MR KHUZWAYO: It was not easy because our adversaries used bigger firearms and explosives so it would not have been easy to use somebody who had not received any training when we were going to face such opponents.

UNKNOWN: Did you receive any financial gain from any of your activities in the ANC party?

MR KHUZWAYO: I had not expected any salary or payment.  What I wanted was to stabilise the area so that ANC members could also be free.  They had fled the area, even young children were being killed for allegedly being ANC members so my duty was to protect the community at that time.

UNKNOWN: To go back a little, you had the hit list with  you.  How did you decide that Sibiya was the gentleman that you chose first to eliminate and what did you do thereafter?

MR KHUZWAYO: Fortunately for him he did not die at the time.  I received information that he died after my incarceration.

UNKNOWN: Sorry to interrupt Mr Khuzwayo.  Let's go to the beginning.  Please tell the Honourable Members what happened on the 3rd of May?  You had the hist list, you decided to attack Sibiya's kraal.  Please tell us what happened from then on, who your co-perpetrators were and how you went about attacking.

M KHUZWAYO: When we arrived, we came to the Majane area.  We walked for about 2 kilometres before we arrived at the eMankwanyane district.  It was during the day so we spent some time around the tea room and we drank some soft drinks.  As we were still sitting around there, Mthembu approached.  He resided in the area and had not fled.
	I then used him to go and check if Mr Sibiya was present at home because our intention was to get everyone, but we could not encounter all of them in one place.

UNKNOWN: Who is Mthembu Mr KhuZwayo?  Who is he?  Is he a member, or is he an informer, who is he?

MR KHUZWAYO: He's an ANC member.

UNKNOWN: Sorry, please go on.

MR KHUZWAYO: He then went to check but he was no aware that we were planning this attack.  When he returned he informed us that Mr Sibiya was indeed present at home.  His car was also parked outside.  The car belonged to Nkosi Mthembu.  We then set out for this via home.  i informed my colleagues that we should not attack any women and children, but Mr Sibiya and the people who protected him or who guarded him but it did not happen as planned.
	As we approached his house, Mr Sibiya saw us from his yard.  He drew his small firearm and started firing.  When this happened we ran towards the gate, his gate, so that we could split into - two would go towards the gate and the others on the other end, so that we could then carry out the attack.
	When Mr Sibiya fired, the car drove right in front of us blocking our aim.  I then shot, firing at the driver who was Nkosi Mthembu.  I then followed Mr Sibiya but I could not shoot him.  I shot once.  He fell and he threw the gun away and thereafter he ran away.  I followed him but only managed to retrieve his firearm and could not get him.  We then regrouped thereafter and went back.  It was not our intention to stop there.  We had intended to go back so that we kill him, so that the people could be free in the area.

UNKNOWN: You first shot at the driver of the vehicle.  What was his name.

MR KHUZWAYO: Nkosi Mthembu.

UNKNOWN: Was it your intention to shoot and kill him on that day?

MR KHUZWAYO: Yes, because he was also on the list.  They were always together with Mr Sibiya and Ntsotsie Mhlethu, the three were always together and they would always be seen to be discussing about the situation.

UNKNOWN: What else did you know about Mr Mthembu?  Was he assisting the IFP cause in any way?

MR KHUZWAYO: He was a business man, so he was instrumental in financing IFP members as well as providing them with food.  IFP members were always in groups and they would be around councillors and other people from whom they received their instructions.  As people who assisted the IFP, they were on the list to be killed because they facilitated the violence in the area.

UNKNOWN: How sure are you that Mr Mthembu was financing Mr Sibiya?

MR KHUZWAYO: As I mentioned before there was an informer by the name of Bheki Zitha.  He's the person who supplied us with such information.  He's the person who also informed us of their whereabouts and what their planned activities were.

UNKNOWN: When you attacked Mr Mthembu's motor vehicle, did you take anything from his vehicle?

MR KHUZWAYO: No after shooting, I followed Mr Sibiya. Because he had a firearm in his possession, he could harm me.

UNKNOWN: Are you aware that some monies in Mr Mthembu's motor vehicle were removed by your co-perpetrators?