amntrans AMNESTY HEARINGS 2000-05-16 JOHANNESBURG 2 NKULULEKO FREEDOM SIDIYA AM7850/97 https://sabctrc.saha.org.za/hearing.php?id=54203&t=&tab=hearings https://sabctrc.saha.org.za/originals/amntrans/2000/200516jh.htm 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