Human Rights Violation Hearings — East London — 1997-06-09

BONGANI FINCA: Thank you Mr Mgikelana.  We have given you a lot of time and we wanted to stop you but we couldn't because you were giving us an overall context of what was happening at that time here.   Above all, I think that it's the first time that we've received a submission, a substantial submission from the perspective of the Trade Unions concerning what happened in this region. We thank you for coming here to give us this perspective.  We know that there are many leaders who were leaders from 1990 up until this period who were very militant, the leaders who appeared from 1990 but you've spoken about what happened in 1983 and even before that.  That was a very dark period where leadership demanded a price and we know that you are one of those people in this region, those who sacrificed their lives at a time when it was expensive to do that to your life and to your family.
 We thank you for the background you presented to us and we thank you for giving us a picture regarding the link between the big businesses and the Government as well as the past regime.  You answered a question which was in my mind and that is, would there be a full reconciliation if those who were perpetrators at the time, came and clarified this matter to us so that we can accept what was happening and forgive them.  You have made a very clear call at the big business to-day but if we are going to build on a solid foundation for the future, the past history needs to be exposed, acknowledged and forgiven.  
 Thank you for the advice you have given us regarding what should be done and we will forward your advice to the President of this country so that he can be the one to try or to answer what you have put forward.  You spoke to us a leader and as an analyst as well as a patriot.  We thank you.  Unfortunately, we have given Mr Ngikelana a lot of time so we will have a short break of fifteen minutes and we'll come back here at a quarter to twelve.  Thank you.

REV XUNDU: Mr Chairperson, may I swear them in?   I will start with Nobantu Tshangana.

UNKNOWN: (sworn states)

REV XUNDU: Thank you.  Nozipho Xofa?

UNKNOWN: (sworn states)

REV XUNDU: Zingisile Mhlanga?

UNKNOWN: (sworn states)
Thank you, Mr Chairperson.  They have been properly sworn in.

BONGANI FINCA: Mr Sandi?

MR SANDI: Thank you, Mr Chairperson.  We will start with Mrs Tshangana.  Mrs Tshangana, without going into detail about the background of this incident because Mr Ngikelana has already done this, you are going to talk about your husband.  What is his name?

UNKNOWN: Cifi.

MR SANDI: Was he shot in Mdantsane?

UNKNOWN: Yes, he was shot on the fourth of August.

MR SANDI: Before we talk about his shooting, could you briefly tell us about your husband Cifi Tshangana?  Was he working?

UNKNOWN: Yes, he worked at Botha Bus Company.

MR SANDI: Would he use a bus to commute?

UNKNOWN: No, he would use a train because he came from Fort Jackson.

MR SANDI: Let's talk about the day of his shooting.  What happened?

UNKNOWN: He was going to work.

MR SANDI: Can I hand over to you, Mrs Tshangana to tell us about this incident, without interrupting you?

UNKNOWN: He got up in the morning to go to work.  We heard the sound of bullets.  He went to work and as he was walking in our street, he came across police vans.  The police accosted them, saying that they should not walk any further.
The police just shot at them and he lost his leg.  Our neighbours called an ambulance but when it came it was chased away.   He was put in a car where there were corpses and taken to hospital.  
 We did not see him at the time he was admitted to the hospital, we were only able to see him on the third day.  He had a caste on his leg.  They had tried to put the leg together but the leg started to rot and it had to be amputated.  After having been shot, he'd been beaten whilst he was lying down.  Some men came and beat him up and his forehead caved in.  They left him for dead.  
 He was then released from hospital after staying in the hospital for about three months.  I had a one year old child and I then had to go and look for a job because nobody was working.  I got a job and as we were working we were arrested by the South African Government of the day.  I paid money to an attorney, Clark, who was helping us but I could not afford to continue paying.  People came to take our furniture in order to pay the attorney off.

MR SANDI: What workers are you talking about?  Are you talking about SAWU?

UNKNOWN: Yes, I am.

MR SANDI: Could you please go over this again. You say that you were arrested.  By whom?  Were you arrested by the Government of the day because that's what the documents stated?

UNKNOWN: Yes.

MR SANDI: Was this as a result of your present charges against the Government for having shot your husband?

UNKNOWN: Yes.

MR SANDI: Did you have a legal representative?

UNKNOWN: Yes, but Pringle ended up handling our case.  Pringle then said we must pay what the Government is requiring us to pay and they would give us the money back.

MR SANDI: You say that something happened in 1992.

UNKNOWN: He started suffering from diarrhoea.  There was nothing wrong with him but he would just mess himself up.

MR SANDI: The men who beat him up after he had been shot, was it the police?

UNKNOWN: It was not the police.  It was the Lindikaia Group, security guards.

MR SANDI: Were these the people who would torture people and the Government would do nothing about it?

UNKNOWN: Yes.

MR SANDI: Were the soldiers and the police there?

UNKNOWN: It is the soldiers that shot the people.

MR SANDI: Your legal representative, Mr Pringle, what did he say the results of the entire case were?

UNKNOWN: He said that it was too late and the Ciskeian Government did not have enough financial resources to help us.

MR SANDI: Did you start paying off the Ciskeian Government as they demanded?

UNKNOWN: I only paid twice.  I paid fifteen rand twice.  Maybe it was three times, then I stopped.

MR SANDI: You would pay fifteen rand a week?

UNKNOWN: Yes, I would pay fifteen rand a week.

MR SANDI: Where would you pay?

UNKNOWN: At Clarke's office.

MR SANDI: As Mr Ngikelana was giving us the political background at the time, he referred to people's salaries that were very low at the time.  If you do not mind, I would like to know how much you were earning at the time of you paying the Ciskeian Government fifteen rand a week?

UNKNOWN: I was earning fourteen rand a week.

MR SANDI: And you had to pay fifteen rand to the Ciskeian Government a week?

UNKNOWN: Yes.

MR SANDI: My co-panelists would like to know something.  You say that you earned fourteen after you paid this fifteen rand?

UNKNOWN: No, I was earning fourteen rand a week and I would have to pay fifteen rand at the attorney's office.

MR SANDI: Would you pay this fortnightly?

UNKNOWN: I earned weekly.  They required me to pay weekly as well but I could only pay every two weeks.

MR SANDI: You did not earn enough to pay the fifteen rand weekly?

UNKNOWN: Yes.

MR SANDI: Is that all Ma'am?  Before I ask if you have any requests before the Truth Commission, you spoke of children who are at school.  How many are there?

UNKNOWN: There's three of them.  Two have passed Matric and the one is at Border Tech.  I cannot afford to send the other to a tertiary institution.

MR SANDI: Do you have a request in connection with these children.

UNKNOWN: If I could b helped to educate these children because I suffer from high blood pressure, I had a stroke and I have a heart ailment.

MR SANDI: According to your statement Mrs Tshangana, you say this incident of people being shot as a result of the bus boycott, you request in your statement that we should investigate this matter again in order to find out who it was that not only shot him but beat him up as well.

UNKNOWN: Yes.