Human Rights Violation Hearings — Empangeni — 1996-11-06

KHOZA MGOJO: ... About their torture.  We praise their courage.  There are so many who have been threatened and who are still scared to come before the Commission and testify, but you have come to tell all your stories.  We wish the Lord could help you, give you strength and power and also bless you.  We also welcome the relatives of those who have come to testify, as well as members of the community, who have come to support those who have come to testify, to come and hear the making of the history of the new South Africa.  You will also relate to your children and generations to come and tell them that you were part of the making of that history.  It means you have also taken part in the making of the history and we thank you for your undying support.  Some are working, some are attending school or are students, but you have dedicated your time to these proceedings, to come and give yourselves as to what happened in the past, the reasons why such things happened in the past.  We thank you very much.  I shall hand over to my colleague, Richard Lyster, to also say a few words.  Yesterday I forgot to introduce my colleagues.  On my extreme left is one of the Committee members in Durban.  She is a member of the Human Rights Violations Committee.  On my left is also my colleague.  We are both Commissioners in KwaZulu/Natal, as well as the Free State.  He is an attorney and his name is Richard Lyster.  He was an attorney for Human Rights in Durban before he joined this Commission.  I am Reverend Dr Mgojo.  I was lecturing some priests from the Methodist Church.  Now, I'm in Durban and just working before I retire.  There was a Professor Magwaza yesterday, but she has gone to Cape Town to attend a meeting, sub-committee of the communications.  We are very sorry that the number has gone down, but we shall try to do our best.  Now I call upon Brother Mr Lyster.

CHAIRPERSON: Thank you, Dr Mgojo.  I'd also just like to add my words of welcome to members of the public and particularly to the witnesses in front of us today, who will be testifying.  Unfortunately, because of the bad weather and because of the fact that some witnesses still feel in this area that it's perhaps not safe to come forward, we only have at this time four witness who will be giving evidence this morning.  It's possible that others will come in during the course of the day, but it looks like we may have an early finish today.  The following witnesses will be giving evidence, Khanyisile Mabaso, Nomusa Shandu, Mrs Luthuli and Bheki Ntuli.  So we will start then with the first witness, Khanyisile Mabaso, if she could please come up on to the stage.  Thank you.  Good morning, Mrs Mabaso, can you hear me, can you understand me through your earphones?

KHANYISILE MABASO: Yes, I can hear you.

CHAIRPERSON: Thank you.  You have come to tell us the story this morning about the shooting of your son, Njabula Mabaso and the stabbing of your daughter, Hlengiwe Mabaso.  Is that correct?

KHANYISILE MABASO: That is correct.

CHAIRPERSON: And you are from Esikhaweni Township?

KHANYISILE MABASO: That is correct.

CHAIRPERSON: Before you tell that story, please can you stand up and take the oath?
/KHANYISILE MABASO

KHANYISILE MABASO: (Sworn states) (Through Interpreter)

CHAIRPERSON: Now, before we start with your story, Mrs Mabaso, perhaps you can just tell us something about yourself, your family.  How many children do you have?

WITNESS:   I have five children.

CHAIRPERSON:  You have five, and two of those children are Njabula and Hlengiwe?

WITNESS:   As well as Bongamusa and Thulani and Sibongiseni.

CHAIRPERSON:  Okay, so those are your five children.  And Njabula, is he the eldest child?  Is he the first-born?

WITNESS:   No, there's an elder one, Bongamusa.

CHAIRPERSON:  And are your children schooling, are they working, what?

WITNESS:   They are still at school.

CHAIRPERSON:  And is your husband still alive?

WITNESS:   No, he's no longer alive.

CHAIRPERSON:  And are you working?  Are you supporting your family?

WITNESS:   I'm not working.

CHAIRPERSON:  And how are you supporting your family?

WITNESS:   We received some money where my husband was working.

CHAIRPERSON:  Did your husband - was he ill - did he die - how did he die?

WITNESS:   Yes, he was sick.  He died of a heart attack.

CHAIRPERSON:  Now, the incident which took place when your children were attacked and yourself, took place in March 1993.  Is that right?

WITNESS:   1992.

CHAIRPERSON:  March 1992.  And where was that?  Was that in Machane?

WITNESS:   That is correct.

CHAIRPERSON:  Where is that?  Is that near Esikhaweni?

WITNESS:   It's in Machane, next to Empangeni.

CHAIRPERSON:  Next to Empangeni.  And were you living there at the time?  Were you living in a house in Machane?

WITNESS:   That is correct, I was staying there.

CHAIRPERSON:  And can you just tell us briefly something about what was happening in that area at that time?  Was there violence, political violence, taking place at the time?  Just give us a brief picture of what was taking place at the time.

WITNESS:   There were some fights between political groups at that time.

CHAIRPERSON:  And was your son, Njabula, was he a member of a political party or was your family aligned to one political party or another one?

WITNESS:   My children were members of the ANC.

CHAIRPERSON:  Right, and Njabula, was he schooling at that time?

WITNESS:   Yes, he was at school.

CHAIRPERSON:  Okay, well, then will you tell us in your own words what happened on that day in March 1992?  Just tell us slowly in your own words.

WITNESS:   I shall request not to mention the names of certain people, because some of them are here and I'm scared to mention their names.  They are the people who are written down in the statements, but I don't want to mention their names now.

CHAIRPERSON:  Are you saying that they are here in the hall?

WITNESS:  I do not know whether they are here, but some of them might be here and I am scared to mention their names.  I fear for my safety, but they are the same people who are in the statements.

CHAIRPERSON:  I see, okay, you don't have to mention their names.  You can continue and tell us what happened on that day.

WITNESS:   It was at night and we were already asleep.  Then I heard as if there was somebody knocking on the window and they hit the window.  I could smell some petrol, as if they were pouring the petrol all over the house.  I woke the children up and I told them that I could smell some petrol and I suspected that they were going to set the house alight.  As we were woken up they started burning the house.  They set it alight and we saw the fire coming in through the window.  Then we tried to extinguish the fire.  They went to the front to pour some more petrol and my son tried to extinguish that fire as well.  When I was in my bedroom I saw that my bedroom was also being set alight and petrol was being poured and later on I discovered that I had been shot on my right arm and when I went into my child's bedroom ... (pause).

CHAIRPERSON:  Mrs Mabaso, we know that it's difficult for you to tell the story and to relive that experience, but if you want to take a few deep breaths and just relax for a minute, please do so.