Human Rights Violation Hearings — Port Shepstone — 1996-08-13

KHOZA MGOJO: We have heard you, Nonhlanhla, and we will try to take all your requests to the President, that you get a death certificate, and also that you be shown his grave.  It is a painful experience to be married to someone and not even knowing where he was buried.  The third thing is that you get some help with your children.  And also for the Truth Commission to investigate as to who were the perpetrators of this crime.  Is that true?

WITNESS:   Yes, it is.

KHOZA MGOJO: And we will try, as I have already mentioned, to take over these requests to the President.  Will you say the way you were affected by this.  How do you feel at the moment?  Like your children don't know their father, they don't know his grave, and you as the wife you don't know.  How are you and your children affected by this?

WITNESS:   Normally I have got problems with headache, and I normally forget things, and this started at the time when my husband disappeared.  And normally when I pass graves my children will ask me, "Is our dad lying in graves like this?"

KHOZA MGOJO: Did you get any help?

WITNESS:   Yes, we would like to get some help in this regard, thank you.

KHOZA MGOJO: I think that can be done as soon as possible.  We can get you some counsellors.  We don't even have to take this to the President, and you can get that as soon as possible.

WITNESS:   Thank you.

COMMISSIONER: Mrs Shabalala, you said in your statement that your husband, Mbuso, was - you said that he was a member of Operation Vula, an operative in Operation Vula, which was an ANC underground initiative.  Is that correct?

WITNESS:   That's true.

COMMISSIONER: Had he been working inside the country or outside the country before he was part of Operation Vula?  Was he in exile or has he been here during the years of the struggle?

WITNESS:   He was working within.

COMMISSIONER: And what job was he doing at the time of his disappearance?

WITNESS:   He was a teacher.

COMMISSIONER: And were you aware that he was part of Operation Vula?

WITNESS:   Yes, I was aware, but at the time he was hiding.

COMMISSIONER: Now, the other person who you mentioned, Charles Indaba, where is he?

WITNESS:   He also went missing.  The police said he died.

COMMISSIONER: So it's your husband, Mbuso Shabalala, and Charles Indaba were the two Operation Vula people who went missing?

WITNESS:   Yes.

COMMISSIONER: And they've not been seen since.

WITNESS:   That's true.

COMMISSIONER: I'll just ask the other commissioners if they have any questions to ask - committee members.  (Pause)  Mrs Shabalala, we have heard many stories similar to yours over the past month, in the sense that they have been made by people whose family members, or husbands, or children, have simply disappeared, and they have described to us the empty feeling that they have not knowing whether their child or their husband is alive or dead.  So we do have some idea of what you are experiencing and what you are going through, and we will certainly do everything that we can to get the bottom of this.  I recall the Operation Vula incident when it took place, and I recall the two people who disappeared, one of whom now we understand is your husband.  And it is absolutely essential that we get to the bottom of what happened to these people and where they are buried, and I am sure once you know that you will have a sense of - some sense of relief, rather than not to know at all where he is and where he died and how he died.  You heard my colleague, Dr Mgojo, say that our job is to make recommendations to the Government as to how people like you should be assisted.  You have lost your husband, who was the breadwinner, joint breadwinner of your family, and he has left behind you and three small children.  And we will certainly be making recommendations to the State President as to how we thing you should be assisted.  So we want to thank you very much for coming in today and telling your story to us, and we are glad that you were able to share the platform together with your sister, and hope that she was able to give you some support.  Thank you very much for coming in today.

WITNESS:   Thank you.

COMMISSIONER: If there's anything else that you would like to say, please say it, but if you feel that you've said enough then you may go.

WITNESS:   There is nothing.

COMMISSIONER: Thank you very much indeed.

COMMISSIONER: (Incomplete) ... Sibiya, which took place in 1991.  Before you tell us that story can you please stand and take the oath?

SIGQANYA SIBUSISO SIBIYA: (Sworn, States)   (Through Interpreter)

DR MAGWAZA: We greet you, Sibusiso.  We are happy to be with you today.  Sibusiso, we know that it's not easy.  We would like for you to explain the atrocities that you underwent.  Before we get there just concisely tell us about your family.  Where are you parents?

WITNESS:   My father has died, my mother has died.  I don't have a mother, I don't have a father.  It's me and my sisters.  My elder sister is alive, and the others have died.

DR MAGWAZA: You parents have died, that's what you say?

WITNESS:   Yes.

DR MAGWAZA: And the ones who are still alive?

WITNESS:   I have one sister who is alive and myself.  It's myself and my sister.  And she also is - I may not say she is with me because she got married.  I am alone.  I live alone at home.  I also am co-habiting as well.

DR MAGWAZA: You are at home with a girlfriend, cohabiting?  Who is feeding you or supporting you?

WITNESS:   I used to receive pension, but that died off and my brother - I have a few brothers who help me, who see that I am helped and I have something to eat.

DR MAGWAZA: Are you related to the brothers you are talking about?

WITNESS:   No, we just belong to one organisation.

DR MAGWAZA: It's just your brothers in an organisation setting?

WITNESS:   Yes.

DR MAGWAZA: Just tell us now, Sibusiso, about that day which changed your life.

WITNESS:   What I remember quite well, we were coming back from town.  We were drinking up until late in the day, and I said, "I would like to sleep.  I think it's late now."  And I said, "Okay."

DR MAGWAZA: Sibusiso, your story is important.  Won't you please raise your volume .

WITNESS:   You know, I can't raise my volume.  He came back at 12 and he knocked at the door.  He calls me Mthembu.  He said, "Mthembu, are you sleeping already?"  I said, "Yes, I am sleeping."  I said, "We'll see what we haven't finished today tomorrow," and he said, "Well, I am also going to sleep."  I said to him, "Oh, you go well, Kehla.  Sleep well."  He asked, "Are you going to sleep somewhere else, or here?"  I said, "No, I will sleep here at home."  And it looked like he had already left the place, and I slept with my girlfriend here.  And the child woke up at night and was crying, and we attended to the child.

DR MAGWAZA: Let me just bother you, interrupt here.  At the time when you were at home sleeping who were you with?

WITNESS:   I had Bhiyo, who was dating my sister, and my sister, and also my girlfriend whom I was dating at the time, and my child, and my brother who was in another bedroom.  At about 20 to two we heard a knock, and I could not - it could not ring in me to ask who is it.  And I said, "Well, let me ask who is it?"  They said, "It's us.  It's us, the guys."   And the other one said, "Where is Msani?"  And they said, "No, you are inside.  You open the door.  We want you.  Don't disguise here," because I was trying to disguise.  And I heard many movements, and I could tell from the movements that it's not one guy, there are many.  Just when I tried to stand up, trying to peep from the window, I found out that it's enormous people outside, numerous in number, many.  And I was wondering where were they coming from.

DR MAGWAZA: Let's just stop there.  Were you a Qabane?  Did you belong to a Qabane organisation?

WITNESS:   Yes.