CHAIRPERSON: Mr Malowa, are you going to be calling Mr Sidiya?
MR MALOWA: That is correct, Honourable Chairperson.
CHAIRPERSON: Thank you. Mr Sidiya, are you prepared to take the oath or would you prefer to make an affirmation?
NKULULEKO FREEDOM SIDIYA: (sworn states)
EXAMINATION BY MR MALOWA: Thank you Honourable Chairperson.
Mr Sidiya, can you tell this Committee your permanent physical address?
MR SIDIYA: 62 Bulokomo.
MR MALOWA: Where is this Bulokomo?
MR SIDIYA: In Sebokeng.
MR MALOWA: Which party did you or do you belong?
MR SIDIYA: The ANC.
MR MALOWA: From when?
MR SIDIYA: From 1992.
MR MALOWA: Are you still belonging to that party?
MR SIDIYA: Yes that is correct.
MR MALOWA: Are you a member or a supporter?
MR SIDIYA: I'm a supporter.
MR MALOWA: Specifically do you remember when in 1992 were you a member of ANC?
CHAIRPERSON: He didn't say he was a member, Mr Malowa, he said he was a supporter.
MR MALOWA: I beg indulgence from the Chair.
MR SIDIYA: I don't remember the month but I only remember that I started supporting the ANC in 1992 after people died.
MR MALOWA: Can you tell this Committee about your participation or the crime that you have committed upon which you are requesting amnesty?
MR SIDIYA: I'm here before the TRC, I made this application because I was involved on this particular day, that is why I made this application before the TRC. I'm here to tell about my actions that day.
CHAIRPERSON: Yes, just tell us what you did, Mr Sidiya?
MR SIDIYA: That day I was working in the shop but there were patrolling the streets those days and I would take part in those patrols and that day, Mr Gazu, these people apprehended him next to the place where I was working at the shop. So when these people caught him, one man by the name of Ronti came to me and he asked for paraffin. I asked him why he needed that paraffin, he said that I must not ask a lot of questions, I must just give him the paraffin. Indeed I did so as I was working at the shop. I gave him the paraffin and then I followed him.
When I arrived there, I realised that there is this person who was injured, he was caught by the community and he was kicked. I also threw stones, hit him with stones because I heard that he was a member of IFP. I did not know that but I heard that after I was arrested by the police that the person that we killed was from Kwamadala Hostel and the people that were there that day said that that person was from Kwamadala Hostel. I also participated in kicking him and then I gave him this paraffin. After kicking him I went back to the shop. That was my participation in Mr Gazu's incident. I then left the people that were patrolling, I went back to the shop. After a week I was then arrested. It was said I had taken part in burning a person in Kwamachala Street.
MR MALOWA: Did you usually patrol with the people, the residents, as they patrolled?
MR SIDIYA: Yes.
MR MALOWA: Was the participation in killing Mr Gazu politically motivated?
MR SIDIYA: Yes.
MR MALOWA: Can you tell this Committee why you are saying so?
MR SIDIYA: It is because the people that were involved in this incident were the supporters of the ANC and the person that we were injuring that day was a member of IFP. We were fighting with the IFP, that is why I'm saying it was politically motivated.
CHAIRPERSON: Mr Sidiya, you heard the evidence of Mr Tshoko relating to this situation that applied in that area at that time and the relationship between the ANC and the IFP, the tensions that existed between them. Do you confirm that evidence, do you agree with it?
MR SIDIYA: Yes I confirm that.
MR MALOWA: Mr Sidiya, did you benefit any way, anything financially or otherwise by killing Mr Gazu?
MR SIDIYA: No, I did not benefit anything, I was just arrested.
MR MALOWA: In other words, today you are asking this Honourable Amnesty Committee to pardon you for necklacing or participating in killing a Mr Gazu by burning and assaulting him because also you believed he was a member of IFP?
MR SIDIYA: Yes.
MR MALOWA: That is all.
NO FURTHER QUESTIONS BY MR MALOWA
CHAIRPERSON: Thank you Mr Malowa. Do you have any questions Ms Patel?
MS PATEL: No thank you, Honourable Chairperson.
CHAIRPERSON: Judge Motata?
JUDGE MOTATA: None Chairperson.
CHAIRPERSON: Mr Sibanyoni?
MR SIBANYONI: I've got no questions, Mr Chairperson.
CHAIRPERSON: Mr Sidiya, thank you, that concludes your testimony.
WITNESS EXCUSED
CHAIRPERSON: Mr Malowa?
MR MALOWA: Thank you Chairperson.
CHAIRPERSON: There's no further evidence to be led, I take it? Is that correct? Ms Patel, no evidence?
MS PATEL: No evidence, thank you.
CHAIRPERSON: Yes, if you can just make submissions Mr Malowa?
MR MALOWA IN ARGUMENT: Thank you Honourable Chairperson.
I submit that the applicants made a full disclosure of commission of an act upon which they are requesting amnesty. They have clearly disclosed that indeed they have killed Mr Gazu by burning and assaulting him and they've been honest in all material respect and they do so unconditionally.
It was also clear that there was a political motive since there was a political tension and violence between members of IFP and residents of Boipatong who mostly were members and/or supporters of African National Congress. The Committee must take into account the Boipatong massacre after which the applicants committed this crime. There was also a circular distributed by Inkatha Freedom Party members as alleged which appear on page 173 of the amnesty application record upon which the members of IFP were indirectly confirming the linkage, the political linkage, between the crime committed by the applicants. The crime which they have done, had fuelled the political antagonism which were already on this spree. However, the applicants were doing so in view thinking that that will minimise the attack by Inkatha Freedom Party and they were doing so in the interests and furtherance of their political objectives of African National Congress.
The applicants are remorseful and they are hounded and haunted by guilty consciences of their crime against Mr Shadrack Gazu. Even though the charges were withdrawn against them still they've got a burden of shame about what they have done and they have benefitted nothing, instead they have lost by so doing. They have lost their credibility and other related issues pertaining to the crime they have committed.
If there is anything that they have benefitted or gained, it was just a temporary relief which they got by their acts upon that time. The applicants embrace the spirit of reconciliation, not only when it apply for the crime they have committed but also the crimes committed against them and their immediate families by other people. They submit that errare humanum est and forgiveness is love because he who is devoid the power to forgive is devoid of the power to love as Martin Luther King has once said. I therefore humbly ask that the applicants be granted amnesty in relation to the murder by burning and assaulting one Klekuza Shadrack Gazu on that day.
CHAIRPERSON: Thank you Mr Malowa. Do you have any submissions Ms Patel?
MS PATEL: No thank you, Honourable Chairperson, I will leave it in your hands.
CHAIRPERSON: Thank you very much. As is our policy we will hand down a written decision in this matter which we hope will be in the very near future. We accordingly reserve our decision. Mr Malowa, I would like to thank you for your assistance in this matter and the same to you, Ms Patel, thank you very much. We will now - that brings this hearing to a conclusion and we will now adjourn and reconvene to hear the next matter whenever that is ready to proceed. Thank you.
MR MALOWA: Thank you very much, Chairperson.
COMMITTEE ADJOURNS
