Human Rights Violation Hearings — East London — 1996-04-18

MR SANDI: What did the court say, did it say with the evidence put forward one has to be prosecuted so that there can be a case, because the inquest would only concentrate on the fact that is there a person that can be prosecuted about this whole matter?

MIKE KOTA: Yes the inquest found it very clever to prosecute Mr Willi and the others.

MR SANDI: Now when did the case end?

MIKE KOTA: No prosecutions took place thereafter, besides the fact that we only heard after that the case would be taken to the Supreme Court, it was discovered at the Supreme EAST LONDON HEARING TRC/EASTERN CAPE
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Court that there was not enough evidence and the case was withdrawn.

MR SANDI: Did the case all in all just end nowhere?

MIKE KOTA: Yes.

MR SANDI: Mr Kota, Mr Mayor do you have anything you want to say with regard to this whole incident?

MIKE KOTA: There isn't anything that I want to say, but I want to put forward before this Commission, we, the people of Seymour, even if this thing happened that time we were really expecting Gqozo's government to open the case and carry on, we would like the Commission to investigate this matter about Sister Mahonga.  Can you please search deeply because one thing the police who we suspect killed Sister Mahonga they are still police and they are still police at Seymour, and in that case there will never, ever be peace at Seymour.  We now ask the Commission, these policemen they have to be removed because they were involved in Sister Mahonga's case.
 One other thing we are aware it's a long time now since this thing happened.  Sister Mahonga's children are struggling.  Well because of the contributions from the community they have been looked after but they cannot carry on anymore because Sister Mahonga was the breadwinner.  The community realised we can employ them in the developmental organisation so that they can earn some living.  She is now working at the offices of those organisations.  That is what we have to say before this Commission today.

JUNE CRICHTON: Mr Kota I just want to ask you one question, when that ambulance was called, the sister that called the ambulance received a threat on her life, now is that sister still in Seymour?
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MIKE KOTA: Because of the threats and everything which was done she left Seymour because she was afraid of her life.  She realised that her life was at stake because she used to receive many death threats.  She is still working but she is no longer in Seymour.

JUNE CRICHTON: The sister's name?

MIKE KOTA: I cannot remember well but I think if we can find out we can know who that sister is.

JUNE CRICHTON: Can you give the name at a later stage?

MIKE KOTA: Yes.

MEMBER OF PANEL: I'd like to ask this question, how many children does Sister Mahonga have?

MIKE KOTA: Sister Mahonga has four children.  The eldest is in Cape Town, he is working and he is married.  He got married before Sister Mahonga died.  The second one felt that after passing her matriculation she should get employment because she could not go further with her education.  She is presently at Bisho.  She was very keen to continue with her education.  Nonkuthalo Mahonga also is working.  She also discontinued schooling because there was a problem with finances.  She was here in East London.  She was doing administration, but because of inadequate funds she couldn't continue further.  Nozuku Mahonga is at home, she is unemployed, she is not attending school.  This also is due to lack of means.  Their father is also deceased.

MARY BURTON: Thank you Chairperson.  Mr Kota in your statement you mentioned that there was a witness who had sen the car that you later identified and that was being driven at the time that the witness saw it by Constable Willi, that witness also identified another person who was in that car as a Mr Betane, is that the same Mr Betane who was also a
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committee member of World Vision and about whom there was a dispute?  Not the same person?

MIKE KOTA: It is the same person.  That is the same person Mr Betane.  He was seen in this car with the police.

DESMOND MPILO TUTU: Any other questions.  Thank you very much Mr Mayor.  We are really very happy to see young people who were involved in the struggle still carrying on as leaders of the people.  We are really happy again to hear the way you tried to develop the community of your area.

DR BORAINE: Just before you leave could I just mention that we know that there are additional witnesses and when the Commission takes up the investigation they will be in touch with them so that they can get their testimony as well.  We will follow that up.  Thank you.

DESMOND MPILO TUTU: Thank you.  We are going to take a break.
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