Human Rights Violation Hearings — Vryheid — 1997-04-17

MR LAX: Thank you, Mrs Mcetywa.  A lot of the stuff you have been telling us about happened really after the time - well, some of the later stuff happened after the time that we can look at.  We have allowed you to continue to tell that story because it is a continuation of the earlier story.  I just want to take you back a little bit to clear up one or two things.  Firstly with regard to the attack on your house, you've said that a policeman by the name of Ndlovu was injured in that attack.  I can also tell you that from our investigations a white policeman, a white defence force - or a soldier was also injured.  Were the people who were defending your house - have they ever been charged in a court?

WITNESS:   No, they were not.

MR LAX: Do you know why the police launched this attack at your house?  What were they wanting to do there?

WITNESS:   No, I don't know why they came to my house.  They never answered me back when I asked them.

MR LAX: What they've told our investigators is that they were wanting to conduct a search for unlawful firearms.  It seems a bit of a funny way to conduct a search, to attack your house.  Now, I understand that you have made a case against the police through lawyers in Durban.

WITNESS:  That is correct.

MR LAX: Is that case for the death of your husband and the damage to your house, or what?

WITNESS:   It is for the damages of my house.  For my husband I couldn't because the suspect or the person who killed my husband was sentenced.

MR LAX: Thank you.  One other area I thought I would just clear up with you.  When I asked you about the violence and how it had started what was interpreted was that the violence was started by your husband because he started an ANC branch in the area.

WITNESS:   That is correct.   (Inaudible)   ---   According to my knowledge he never conducted any violence.  He was always negotiating with people, and he couldn't suspect that he has got enemies.

MR LAX: (Inaudible) ... violence started in response to the ANC forming a branch in the area?

WITNESS:   That is correct, it was in response, because he was the one who was recruiting members for ANC. Apart from the case against the murderer of your husband have you laid any other criminal charges against the police or any other people?   ---   No, because I used to report all matters to the people in Durban, and the Truth and Reconciliation people came and took a statement from me.  I am still waiting to know what to do.

MR LAX: Okay.  Our investigators are busy looking into the case, and we are making quite good progress in getting to the bottom of it.  Thank you, Mrs Mcetywa, thank you, Chairperson.

WITNESS:   There is one thing I want to tell you about a policeman called Mkwanazi.  He is the one who started these allegations that there were guns in my house, and I also suspected that he was the one that was driving that 4x4 which followed me and shot at my car.  Even today I am not safe here in Natal.  I am not going anywhere, I am scared to go out.

MR LAX: Mrs Mcetywa, we did give Mr Mkwanazi notice that you had accused him, and through his lawyers he has replied.  He denies being involved in any conspiracy to kill your husband, and he denies being involved in any activities against you personally.  However, his lawyers have asked us for more details, some of which we refused to give him because we wanted to protect your safety, and they have said that because we wouldn't give them more detail they could not answer the allegations, all of them.  So I just place that on the record at this stage.

WITNESS:   I have to say this about Mr Mkwanazi because he is the one who usually came to my house with this white policeman, and when my husband died, even though he was working far from Piet Retief he was here all of a sudden.  When my house was burnt he was there.  That's why I am saying I am very much sure that he is the one who was behind all this violence.  And also Mr Mavuso said the gun that he used to kill my husband he got the gun from Mr Mkwanazi.

MR LAX: (Inaudible) ... further allegations about Mr Mkwanazi please.  We are investigating this matter, and we will be discussing it further with his lawyers and with himself, and we want to give him an opportunity to respond to the allegations that you have made.  So I will ask that you don't say anything further about him at this stage.

WITNESS:   Thank you.

CHAIRPERSON: Mrs Batshabulile(?), we compliment you for the courage that you have above everything what happened to you, and you still have the courage to come here and talk about these things.  It's so sad to realise that before people who tried to stand for the truth, and people who fought for justice, were so unfortunate, were the ones who suffered most.  At the time even the people we had our hopes on that will protect us they failed us, because the way they went on with things was not satisfactory to us.  Even your children we do trust and hope that they will be fine, and we can tell that they are brave enough because they have stood all what has happened to you in the past.  And we do trust and hope that as we are entering into this new era, or rather have entered into this era, the Commission will do its best to disclose of all what has happened, and tie the past with the present and the future, and see how we'll go on, how will we carry on in the new era.  I would like for you to respond in as far as ... (incomplete - end of Side B, Tape 1)

WITNESS:   Since their dad passed away they experience problems, especially that we are destitute, and in the place where we reside we from time to time encounter problems.  Even now this very term they are not back at school.  I don't have money to pay for their fees.  Only the last one is at school.  And the other one who is suffering from asthma, each time he talks or thinks about his father he gets affected.

CHAIRPERSON: What about the one who is at school?  How old is the child?

WITNESS:   She or he is 10 and he's in standard three.  He or she is right here at Eshowe, and the other two are in Pretoria since this year.  Those are the ones I am referring to when I say I could not pay for their fees.  They are still at home and could not go back to school.

CHAIRPERSON: We have heard that you lost about R10 000,00 worth of stock and other harassment that you've made mention of.  Tell us about you.  How are you faring as far as your health is concerned?

WITNESS:   I have suffered a great deal in the past.  I went to Baragwanath Hospital in Johannesburg and I got treatment from the doctors there.  I am still hurt inside, and I have this wound right deep inside.  However, I am faring better.

CHAIRPERSON: Have you tried to get in touch with the psychologists, those who look into the traumas that people suffered?

WITNESS:   I haven't gone to the psychologist because I have heard that I will have to have a certain amount of money, and money I don't have so that has discouraged me.  As for now I can't afford to consult with the psychologist.  I go to any general practitioner for a day's treatment and that's all.

CHAIRPERSON: We will kindly ask you to get in touch with the briefers.  The lady seated right on your left will help you and advise you as to how to go about to receive help.  Even your children need attention, and we are concerned that you get in touch with the briefer so you get all that help.  Thank you for your bravery, and also thank you for standing for the truth, and for being so determined and coming up to this Commission and render your testimony.   Yes, these things did transpire.  We know about those things and we do trust and hope that in the future things like that won't emanate again.  Thank you.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: Our next witness is B J Buthelezi, and may he come to the witness stand.  Good morning, Mr Buthelezi.

MR BUTHELEZI: Good morning to you.