Amnesty Hearings — Durban — 1998-10-21

M R NDLOVU: After we were released on bail on the 3rd June 1992, police arrived, the SAP police and they were with some ANC members from Kaluza.  They said they were looking for Tabani because they'd heard that he was the one who had killed Gumede.  I told them that Tabani was in town.  They also asked if I was present during that incident.  They said I should pass the message to Tabani that they were looking for him.  Amongst the people who were there was Skiza Zuma, an ex IFP member and they said Tabani should be killed because he was responsible for killing ANC members.  I told that we had already been arrested and charged for this crime, what more do they want because we have been charged for that crime.
When Tabani arrived I told him that the police and ANC 
members had been to our house and they were looking for him and we could see that they were looking out for a fight.
	On the 4th at about 1.30 a.m. some people who called themselves police knocked on our door.  My mother enquired what did they want because they were kicking all doors.  They said we should open the house, they're looking for Tabani.  My mother refused to open the door because it was early in the morning.  They should return in the morning.  They insisted that they were the police, if we do not open the door they will kick the door down.  I said that we should not open the door.  They kicked the doors, broke the doors down and then they also threw petrol bombs and fired shots.  We could realise then that these were not the South African Police because police could not behave in that way.  We all went into the dining room, the house was burnt and they were firing shots.  One of the girls was shot in that incident.  I tried to run away.  I went outside into the veranda and they started firing at me.  I even saw one person who was with these people from kwaKaluza.  Skisa was saying they should kill me but I managed to break away and run away.  They continued firing.  I phoned the police from the one house, the Mabizela house, I phoned the police, the ...[indistinct] police, informing them of this incident.  When the police arrived we went to my home and we discovered that my mother had been shot and also my sister as well as that the house had been burnt down.  Tabani had also been shot and he was at a neighbour's house temporarily.  We picked him up from that house.  His girlfriend, Kyansile, had also been shot.  We took him to the Grey's Hospital.  
	On the following day Tabani was dead.  We buried all my family members and we continued staying at my aunt's house in Westgate because our home had been burned down.

CHAIRPERSON: Sorry, you said Mr Ndlovu that you buried all your family members.  You said that your mother was shot, did she die?

M R NDLOVU: Yes she did die.

CHAIRPERSON: And your sister, did she die?

M R NDLOVU: Yes.

CHAIRPERSON: And Tabani's girlfriend, did she die?

M R NDLOVU: No, she did not die but she sustained injuries because she was shot as well.  It is only Tabani who died at hospital.

CHAIRPERSON: So the three people died, your mother, your sister and Tabani who died the next day?

M R NDLOVU: Yes that is correct.

MR DE KLERK: Thank you Mr Chairman.  Mr Ndlovu, just to clarify a few aspects.  Firstly do you have in this time, this incident in 1991, were you also a member of the kwaZulu Police?

M R NDLOVU: Yes I was.

MR DE KLERK: What was your rank?

M R NDLOVU: At the time I was a special constable awaiting training.

MR DE KLERK: Where did you go to, to be trained as a special constable?

M R NDLOVU: I was trained at Cape Town Training Centre.

MR DE KLERK: At Koeberg?

M R NDLOVU: Yes.

MR DE KLERK: Okay Mr Ndlovu, remember that you filled in an annexure form 1 as an application for amnesty?

CHAIRPERSON: What page are you referring to Mr de Klerk.

MR DE KLERK: I can assist the Commission, there is two form 1's.  I just want to explain why there's two.

CHAIRPERSON: Which pages are you on there?

MR DE KLERK: The first form is from page 2 to page 4 and the other one starts on 5 to 11.  There's two of these forms, why is there two?

M R NDLOVU: I first filled a form at Westville Prison.  When I followed up the process, I'm enquiring if the form had been sent or not and it was discovered that it was not clear whether the form had indeed reached the TRC or not or maybe it had been lost.  I then wanted to proceed with the matter and I did not know what was going on.  I then filled in another form so that if the first one got misplaced the second one could be used.

CHAIRPERSON: I just might say, Mr de Klerk, that we're missing and I think you probably are as well, a page from one of these forms.  If you take a look at page 8 of the bundle, in response to the question contained in paragraph 10(a), 10(b) at least, the applicant writes out his version and then at the bottom it says p.t.o. separate page and that separate page isn't there.

MR DE KLERK: Yes I also noticed that Mr Chairman.

CHAIRPERSON: Bottom of page 8 Mr Mpshe.

MOKOTEDI MPSHE: Is he perhaps not referring to the affidavit, Mr Chairman?

CHAIRPERSON: You can see this sentence is incomplete, yes.
So maybe the original will have the separate page which was omitted to be photocopied.

MR DE KLERK: May I proceed Mr Chairman?

CHAIRPERSON: Yes indeed, thank you.

MR DE KLERK: Okay, Mr Ndlovu, if we look at page number 3, that is the second form that you filled in.  I just want to clarify one aspect.  In the nature and particulars it was written down and it seems that it was not your handwriting
	"The deceased had been supporting ANC by supplying them 	with firearms.  ANC was fighting with IFP and they killed 	my brother."
Am I clear that your brother was killed after the incident of Mr Gumede?

M R NDLOVU: My brother was indeed killed after we had killed Mr Gumede.

CHAIRPERSON: Was Tabani your only brother?

M R NDLOVU: He was my elder brother.  There are other younger brothers but he was older.

CHAIRPERSON: Where any of the younger brothers killed before the Gumede incident?

M R NDLOVU: No.

MR DE KLERK: Then Mr Ndlovu, on page 9 of the original application which you wrote out in your own handwriting.  The question was asked and that is point 11(a)
"Was the act committed in the execution of an order or on behalf of, or with the approval of the organisation/institution/body liberation movement/State Department or Security Force concerned?"
Then you answered there in your own handwriting:
"I was participated in the offence with the approval of the kwaZulu Government because they were employed me to defend and protect the IFP members whom they were attacked by ANC."
Can you just explain, what did you mean by this paragraph?
On whose behalf did you act and who did you want to protect when you killed Mr Gumede?

M R NDLOVU: What I did, I did under the banner of the IFP.  The kwaZulu Government and the IFP are regarded as one and the same thing.  I knew them to be one.  Whatever I did, I did under the banner of the IFP, that is what I was trying to explain.

MR DE KLERK: Did you receive any moneys or any benefit from this act?

M R NDLOVU: I have never received any money or any reward for this action.

MR DE KLERK: If you could just clarify the following?  When you were charged in the High Court and subsequently convicted, during that stage, as I went through the notes and the judgement, am I correct that at that stage you did not mention to the High Court that this was a politically motivated attack, is that correct?

M R NDLOVU: That is correct, I did not mention it.

CHAIRPERSON: In fact I think the applicant pleaded not guilty in the High Court.

M R NDLOVU: Yes.

MR LAX: Why was that?

MR DE KLERK: Can you just explain to the Commission why at that stage you did not tender the excuse of political violence?