Human Rights Violation Hearings — Empangeni — 1996-11-05

WITNESS:   It wasn't like the houses that you see in townships.  It was different.  The house that was burnt was my father's house and it was fully furnished.  What led to this event was that the chief of the area got involved in a conflict with my brother.  Zakhele - Zakhele Khanyile.  The name of the chief is Zakhele Khanyile.  He got involved in a conflict with my brother Samson.

KHOZA MGOJO:  What was the reason?

WITNESS:   They were in a certain house which belonged to my neighbour and my brother was called to come over to that house because they had a party.  What my brother told me is that they quarrelled when they were drinking.

KHOZA MGOJO:  And what led to the house - I mean the conflict between the chief and your brother?  What made it go as far as to your house?

WITNESS:   When they were in quarrel the chief and his brother ... (intervention)

KHOZA MGOJO:  Who was the chief's brother?

WITNESS:   The chief's name is Zakhele and the chief's brother's name is Ntosana.  They grabbed sticks and they started beating my brother nearly to death.

KHOZA MGOJO:  Were they fighting or were they just beating him?

WITNESS:   No, they were beating him.  They beat him and then he fell and people ran and then they beat his sister-in-law as well because she's the one who was trying to cool down the fight.  After they beat him, I was at home at that time, and his sister-in-law came together with two men who were carrying my brother and then my father asked me to go to the chief and ask what happened.  I  went to see the chief.  I didn't find him at his house and then I went to a shop which belongs to Sikhumbuzo Mdlalose, that's where I found the chief.  I greeted them.  I told the chief what my father had asked me to.  The answer that he gave me was he started beating me now.  (Audience become vociferous.)

KHOZA MGOJO:  Quiet please.  You mean they started beating you after you asked them what your father sent you to do?

WITNESS:   Yes.

KHOZA MGOJO:  And then what happened afterwards?

WITNESS:   I lost control.  I've forgotten that he was the chief and he was old.  I beat him back.  He fell down.  His brother stood up and then when they were coming for me I grabbed a bottle.  I faced them and then they started going back.  And my other brother, the one who is working in Johannesburg, came at that time and he asked me what's going on.  I told him to run away because these people are fighting with me and then my brother grabbed me and said to me we must to back home.  As we were going back home my brother's brothers-in-law came.  They said, "Now we are really fighting," because they were also standing up for their sister.   (Further clamour from audience)

KHOZA MGOJO:  Now, please, quiet.  Can we please listen to what we came here to listen to.  We are recording here and you are disturbing us.  Thank you.

WITNESS:   And then they started beating the chief using the sticks.  They beat him nearly to death and I was the one who stopped them because I realised that he was going to die.  We left for home.  What I was expecting was that police will come for us because we've beaten the chief.  What we heard afterwards is that the chief said he's not going  to report the matter to the police, he will come back for us.  It was on the 16th of December when we beat the chief and we heard that he was coming for us.  On the 22nd of December we didn't see any police.  Nothing happened.  The owner of the shop Sikhumbuzo Mdlalose organised people that they must burn the Cele family's house.  On the 26th of December, my house was burnt.  After they burnt my house, we were stranded.  We didn't have a place to stay.  We went and stayed with my sister.  What surprised me was that Sikhumbuzo had shops there and he wasn't there when we started quarrelling or fighting with the chief - is that he was the leader now of the people who were coming to burn our house.  There were no people who came from far who burnt my house, my father's house, but they were people who were staying with them.

KHOZA MGOJO:  Help us here, I just want to check one thing from your statement so that we're correct.  I will try and lead you from what is written on your statement.  In your statement there are allegations which are related -which I don't understand whether they are related to the burning of your house.  On the 22nd of December Mdlalose came, the one who killed Malusi Khambule.  Who's this Mdlalose?

WITNESS:   Mdlalose is a neighbour.  He also has a shop.

KHOZA MGOJO:  Why did he chase you?

WITNESS:   It's because he was a friend of the chief.

KHOZA MGOJO:  And how is Malusi Khambule affected here?

WITNESS:   Malusi Khambule was my brother-in-law.  I was involved with his sister.

KHOZA MGOJO:  And then they killed Malusi?

WITNESS:   Yes, they did. How did they kill Malusi?   ---   When they were chasing us, we ran.  Unfortunately Malusi was drunk and he couldn't run fast and they started shooting five bullets and Malusi got hit.  Some of them had guns.  After we checked and when we checked Malusi's body we found out that his private parts were removed.

KHOZA MGOJO:  In your statement it also says your mother and your father were attacked.  How were they attacked?

WITNESS:   After they chased us, they came back at night and when they came I was outside and I saw them.  I hid behind a toilet and I heard Mdlalose saying, "We're looking for Bongi," and my father said, "I don't know where he is," and they said, "We want all your sons," and they said, "You've beaten the chief.  You are Mandela's sons.  You stayed a long time in Johannesburg.  It means you are clever."  And at that time they started beating my father and then Mdlalose again said, "No, leave him.  He's too old.  He doesn't know anything."  And they found my brother who came from hospital who was beaten by the chief.  They started beating him and my father told them, "I'm not moving from here until the chief tells me to do so."

KHOZA MGOJO:  When these things were happening what did the chief say?

WITNESS:   He told us that we should be beaten but they were looking for me more than anyone.  The person who was talking for the chief, he said he was there.  He called the mbiso to talk for the chief.

KHOZA MGOJO:  Who's the chief's name?

WITNESS:   Unfortunately he died.  His name is Basuwayi Shani.

KHOZA MGOJO:  And then you denied to move and leave your house then?

WITNESS:   Yes, we did.  On the 26th of December, it  was during the day, we saw many people.  They came like soldiers.  They had weapons, all types of arms.  I ran inside the house.  I told my mother and my father to take the kids and run away because these people were here and we ran, me and my other brothers, the three of us.  Their aim was to surround us but fortunately we saw them first, so we ran and then that's when they started firing guns.  And all we saw, our houses were on fire.  My mother ran to the neighbour with the kids.  She ran to Shaba family and they went there as well and they started beating Mr Shaba and told him that he has hidden us.  And his wife was expectant and she had an abortion after that because ... (incomplete).  He went and reported this matter to the police.  We also went and reported the matter to the police.

KHOZA MGOJO:  What did the police say?

WITNESS:   They said this matter, it's really difficult and three detectives were investigating this matter and this matter had been suspended for three years.

KHOZA MGOJO:  Do you know the detective's name?

WITNESS:   Yes, the first one was B I Zulu from Eshowe Police Station.  Another one, he has been transferred now, his name is Bonginkosi Shange.  The third one, unfortunately he's now dead.  His name is Mr Dlamini.  I can't remember his first name.  He was shot at his house at KwaMashu and these two are still alive.

KHOZA MGOJO:  In other words, we can get hold of them.  There was no court case?