Amnesty Hearings — Durban — 2000-08-29

CHAIRPERSON: ... the legal representatives to identify themselves on record for the purposes of that record.

MS MOHAMED: Thank you Mr Chairman, my name is Ms Mohamed from the firm Dehal Incorporated, on record for the applicant Mr Nyathikazi.

MR PANDAY: Thank you Mr Chairman.  I represent the victims of the Nyathikazi application, namely the Ntuni family and my name is S Panday.

CHAIRPERSON: Mr Panday while you represent the victims, how many are there that you represent?

MR PANDAY: Mr Chairman it's the Ntuni family, that's the mother and the brother who are present.  I'm given to understand that at the time of the incident the deceased was not married.

MR LAX: Did he have any children?

CHAIRPERSON: Ja, he may still have children.

MR PANDAY: No, from what I understand there are no children.

CHAIRPERSON: For what it's worth, I think only the mother then becomes the victim in terms of the definition of the Act, while his brother may very well be an interested party.

MR PANDAY: Yes.

CHAIRPERSON: Are they opposing this application?

MR PANDAY: Yes, Mr Chairman, they are opposing.

CHAIRPERSON: On what basis?

MR PANDAY: On the basis that they believe that the act was not politically motivated and the basis for the non political motivation,  that the family recognises the applicant to have more criminal agendas behind the incident as opposed to political agenda.

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

DANNYBOY NYATHIKAZI: Zulu.

DANNYBOY NYATHIKAZI: (sworn states)

MS MOHAMED: Thank you Mr Chairman.  Mr Nyathikazi, before you have a bundle of documents.  I'm going to refer you to that bundle of documents, okay.  Now isn't it correct that a copy of this bundle was handed to you at prison last week?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Have you read the bundle and familiarised yourself with the contents?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Thank you.  Now I'm going to take you to the bundle itself.  Isn't it correct that you've made two applications for amnesty, you filled in two forms for application for amnesty?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Okay.  Now look at pages 1 to 3 of the bundle.  Is it correct that this is the first application that you filled in and it's dated the 22nd of ...(intervention)

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: It was signed on the 3rd of May?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Look at the signature on page 3, is that your signature?

DANNYBOY NYATHIKAZI: Yes, it is.

MS MOHAMED: Okay.  I'm going to refer you to the next application from pages 4 to 6 and is that your signature on page 6?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Thank you.  Now on pages 14 to 18 of this bundle, there's a hand-written affidavit.  It was drawn on the instructions that you gave to Ms Mkhize when she called at ...(indistinct) prison, isn't that correct?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Now Mr Nyathikazi, isn't it correct that you are applying for amnesty for the murder of Zwelibanzi Ntuni which occurred on the 14th of April 1994?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: Isn't it also correct that you were convicted for this offence?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: What - sorry, what sentence did you receive?

DANNYBOY NYATHIKAZI: I was sentenced to 18 years imprisonment.

CHAIRPERSON: What was the date of the murder?

MS MOHAMED: 14th of April 1994.  Now Mr Nyathikazi, isn't it correct that in the early 1980's you were a member of the ANC?

DANNYBOY NYATHIKAZI: That's correct.

MS MOHAMED: What was your role within the ANC?

DANNYBOY NYATHIKAZI: I was a member of the Street Committee.

MS MOHAMED: Did you occupy this position throughout your involvement with the ANC, or did your membership at any stage change?

DANNYBOY NYATHIKAZI: Yes, I was a member of the Street Committee.

MS MOHAMED: Did your membership of the ANC change at any stage?

MR LAX: Sorry, what do you mean, did his membership change?

MS MOHAMED: Sorry Mr Lax, I'm trying to ascertain whether he remained a member of the Street Committee throughout his membership of the ANC.

MR LAX: When did you join the ANC?

DANNYBOY NYATHIKAZI: During the 80's.

MR LAX: And you remained a member until this incident?

DANNYBOY NYATHIKAZI: That's correct.

MR LAX: When did you join the Street Committee?

DANNYBOY NYATHIKAZI: In 1984.

MR LAX: 1984?

DANNYBOY NYATHIKAZI: That's correct.

MR LAX: And you were part of that structure until this incident?

DANNYBOY NYATHIKAZI: Yes.  I was also involved in other activities for example marshalling during ANC activities.

MS MOHAMED: Mr Nyathikazi, you say in your affidavit on page 11 that you joined MK.

DANNYBOY NYATHIKAZI: Yes.

MS MOHAMED: When did you join MK?

DANNYBOY NYATHIKAZI: In 1989.

MS MOHAMED: Where did you receive your training?

DANNYBOY NYATHIKAZI: In Tanzania.

MS MOHAMED: And when did you return to South Africa?

DANNYBOY NYATHIKAZI: In April 1991.

MS MOHAMED: Now Mr Nyathikazi, I'm going to take you to the day in question of this incident, that is the 14th of April 1994.  Now on the day in question, were you in the vicinity of Road 8 in Chesterville?

DANNYBOY NYATHIKAZI: I was at Road 8.

MS MOHAMED: Who was with you?

DANNYBOY NYATHIKAZI: I was with Jabulani Mzweli.

MS MOHAMED: What were you doing there?

DANNYBOY NYATHIKAZI: We were distributing pamphlets about the upcoming elections.

MS MOHAMED: Okay and then what happened?

DANNYBOY NYATHIKAZI: We were on a motor bike in Road 8 when two men approached.  One was Zwelibanzi Ntuni and the other was Wiseman.  They came closer to us and asked are we continuing with distributing these pamphlets.  They then started shooting at us at which time we fled.

MR LAX: Sorry.  Was the Wiseman, Wiseman Ntuni?  What's his surname?

DANNYBOY NYATHIKAZI: I forget his surname.

MS MOHAMED: And then what happened?

DANNYBOY NYATHIKAZI: Jabulani was hit on the leg. but we managed to flee although we parted ways as we were running away.

MS MOHAMED: Okay now isn't it correct that at some stage you later returned to the scene of this shooting?

DANNYBOY NYATHIKAZI: That is correct.

MS MOHAMED: Okay.  How did you proceed to the scene, in other words?

DANNYBOY NYATHIKAZI: I then went back to the scene.  On my way I met Sitembiso Msimanga and Robert Ngobane walking down the road.  They accompanied me are inquired what had been happening because they had heard gun shots.  I told them what had happened.

CHAIRPERSON: Who were the two people, Robert Ngobane and who else?

DANNYBOY NYATHIKAZI: Sitembiso Msimanga.

CHAIRPERSON: Tembo?

DANNYBOY NYATHIKAZI: Sitembiso.

MS MOHAMED: Okay and then what happened?

DANNYBOY NYATHIKAZI: We later met Mondo Mkhize and they all accompanied me to go look for the motor bike and the pamphlets.  When we arrived at the scene, we could not find that motor bike, so we turned back along Road 13.

MS MOHAMED: Okay.  Then what happened?

DANNYBOY NYATHIKAZI: As we were walking along the road we met Mondo Mkhize's girlfriend.

MS MOHAMED: What's her name?

DANNYBOY NYATHIKAZI: I have forgotten her name.

MS MOHAMED: Okay, then what happened when you met her?

DANNYBOY NYATHIKAZI: Mondo and his girlfriend stopped and chatted for some time.  As they were parting, the girlfriend indicated using her eyes, pointing towards the side.  When I followed her eyes, I noticed some people standing around there.  The people were standing next to a tree in a certain house.  Mondo then went towards that house and went inside the premises.

MS MOHAMED: And then what happened?

CHAIRPERSON: Tell me, why did you go back to Road 8?

DANNYBOY NYATHIKAZI: I went to look for the pamphlets that were left there, as well as the motor bike.

CHAIRPERSON: Now if you had found it what would you have done with it?

MS MOHAMED: I would have taken them back to my home.