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

MR DLAMINI: Mr Buthelezi, let me thank you before I hand you over to the Chairlady.  We've heard your grievances, and also that you are destitute, and also that you want that Constable Malinga should be investigated, and the treatment he gave you.  We will try our best to follow just that.  With regard to your home or place to stay, we don't really have the prerogative.  The only prerogative we have is that we will compile a recommendation and a report for the President, and the President will look into the Commission's report, and how people were tortured and harassed and their requests, and he will thereafter see what shall be done, and your recommendation as well will be forwarded to the President.  The President will respond to all of these matters.  And also about your view of uMondlo Police Station, that it should be newly managed or organised in a better way.  That we will pay attention to.  And one thing I would like to compliment about you.  According to your statement you do say that in spite of all this you still don't hate anyone, and you don't hold any grudges against anyone, and you are prepared to forgive everyone who comes to you.  That we appreciate a great deal because only a few people think that way.  After all the ordeal that you have gone through you are still prepared to shake hands and talk to people and look at things positively.  I will now hand you over to the Chairlady.

CHAIRPERSON: Mr Buthelezi, you said that there were people that alleged you are an informer.  Do you know those people?

WITNESS:   Briefly I will say - although I am not certain about this I will say one of them who said that in a group, and I heard him - I know him, I won't disclose his name.

CHAIRPERSON: Now, that's what I wanted to hear.  We've heard your story, and it's not different from all other stories we've heard, especially what the youth went through during those years.  We just thank you for being such a hero, together with those who were working with you, your colleagues so to speak, to stand up for the truth even after all what you went through and the ordeal you've suffered.  One other thing that I appreciate in your statement is where you say although you were harassed you don't have a place to stay right now, you are destitute, and you once was a civilian or a citizen in uMondlo, but you are prepared to reconcile and tie the past with the present, and you hope for the best, that things will get better and so on.  It's good to have hope because hope keeps one going.   We thank you in that regard.

CHAIRPERSON: About the other statements you wanted to refer to, we will gladly tell you that there are statement-takers that you could contact, and we will emphasise that you see the statement-takers and lay your story as well.  Thank you.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: The next witness who will come forward to the witness stand is Jabulani Buthelezi.  We will afford him an opportunity to render his testimony.  Good morning, Jabulani Buthelezi.  You are with somebody there.  Would you tell us her name.

MR BUTHELEZI: This is my sister.  I am with my sister.

CHAIRPERSON: Will she say something or she is simply accompanying you?

MR BUTHELEZI: Yes, she will like to say something, a word or two.

CHAIRPERSON: Did she submit any statement at all?

MR BUTHELEZI: Yes, she has submitted a statement.

CHAIRPERSON: What's your name?

MS BUTHELEZI: My name is Monica.  Monica is my name.

CHAIRPERSON: According to our procedure and programme you are not anywhere in our list.  However, you will sit right next to Jabulani and give him moral support.  At this point we'll kindly ask Jabulani to stand up and raise his right hand so he can take the oath

JABULANI BUTHELEZI: (Sworn, States)

CHAIRPERSON: You are here about your story and what happened to you.  You have two children.  Is Nthobeko at school or what?

WITNESS:   Yes, Nthobeko is at school and she is in standard six.

CHAIRPERSON: What about Lindiwe?

WITNESS:   Yes, Lindiwe is at school as well and doing her first year.

CHAIRPERSON: Do you still have a wife?

WITNESS:   Yes, I do.

CHAIRPERSON: What about the parents, do you have your parents still?

WITNESS:   Yes, I do.

CHAIRPERSON: How many are you in your family?  We mean your mother's children.

WITNESS:   We are five.  There is five of us.

CHAIRPERSON: Are you all working?

WITNESS:   No, I am not working.

CHAIRPERSON: Who is not working?

WITNESS:   I am not working.

CHAIRPERSON: Oh, you are the one who isn't working.

WITNESS:   And also my younger brother isn't working.  My younger brother isn't working.

CHAIRPERSON: You are here about an incident that took place in 1994.  Would you kindly relate to this Commission as to what happened and what was happening at that point in time?

WITNESS:   In 1994 it was on the 20th April, it was in the morning around seven, I saw my neighbours.  I was at the neighbour's house.  I saw a group of people approaching, and my ... (intervention)

CHAIRPERSON: What is the bride's name?

WITNESS:   It's Thembi.  Oh, my wife is Thembi Gloria.  She is also here.

CHAIRPERSON: What is Gloria's surname?

WITNESS:   Her surname is Ndlovu.  She woke me and I woke up, and I saw the school children running and I went to the door to see as to what was happening.  I realised that those were not school children, they were elderly people, and the neighbours said, "We don't know what will happen to those that we leave behind.  We are heading forward and we are going to fight and we are going to the battle."  I was surprised, and especially I didn't know - I was in the dark, I didn't know what was happening.  I didn't know whether it was a fight, a battle, or what.  I went to ask as to what was happening and tried to inquire.  I thought probably they were running after some animal, or perhaps they were running after a thief.  I went to inquire as to what was happening, and some said, "Come here.  Come here, we will tell you."  Some said this, and the other said some other things, and they all had weapons.  I didn't have one.  I asked as to why they were calling me to join them because I wasn't armed.  They were divided.  Some went across the river and others now they tried - they were now forming a circle of some kind.  I tried to move back and they started right away hitting me, assaulting me, using the traditional weapons, the knobkerries as well.  I tried to run as fast as my feet could carry me.  I saw the other group of people approaching suddenly.  They were attracted by what was happening there.  The other group from the other side had guns, and the other group of the other side said they were not fighting, but there were only two people that were after this.  I don't know if I should say this or disclose this, especially the names.  I don't think I am safe if I do that.

CHAIRPERSON: Do you know their names?

WITNESS:   Yes, I know their names.  And some could be present here, and I am afraid, I don't think it's ideal for me to disclose of any names.

CHAIRPERSON: Well, if you are not free to disclose the names just tell the lady who is sitting right next to you, but not now, the names.