Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

FAITH MBATHA: In your statement we found that policemen from Loop Street came to your house.  What did they say?

WITNESS:   Yes, they came and they wanted to get statement from me.  And I just told them what I have just told this Commission now.

FAITH MBATHA: Did they tell you after the investigation who killed your husband?  Did they tell you after the investigation who killed your husband?

WITNESS:   They just told me that there was a lady who was an eye witness, but at that night this lady - I am just not quite sure whether this lady went and reported to Awetha or to the police, but what I know is that Awetha and Hussain went to the lady's house looking for this lady, and this lady ran away.  Hussain, Awetha and Zero.  I am just not sure whether it's Zero Mnyandu, but those were the two suspects.

FAITH MBATHA: Your husband, where he was shot?  Where?

WITNESS:   It was at Windsor in Victoria Street.

FAITH MBATHA: Please go on until the funeral, take us to the funeral service.

WITNESS:   After that we prepared for the funeral until the following week on Saturday.  The funeral took place on Saturday, and it went on very well even though we were left with a big wound.

FAITH MBATHA: Do you remember on the newspaper that was written by Kaunda in 1992 June where it said they were called in front, Awetha, Pikalela Ndlovu, Owai, who was the mayor of Imbali, and one boy, in connection with Sikhumbuso's death in 1992?  Do you still remember that?

WITNESS:   Yes, I do.

FAITH MBATHA: Do you still remember what the newspaper said about his death?

WITNESS:   They said he was killed because they were paying revenge because Awetha was shot.  When Sikhumbuso was in Jo'burg Awetha was shot near the office, and at that incident a child died.  They said he was the one who sent those people to shoot Awetha.  But the case, the whole case - the guns which were found were Awetha's guns, and they were bought by Imbali councillors for them to defend themselves.

FAITH MBATHA: Mrs Mbatha, I trust that this thing has disturbed your family.  I know your husband very well.  I also know his death, and at that time at Imbali we had a group named - a group which was responsible for rehabilitation, and I can understand that this thing has disturbed you.  Is his daughter in school?

WITNESS:   Yes.  They are all four - my children, they are all at school.

FAITH MBATHA: Who is taking them to school?

WITNESS:   This one, Hlengiwe.  Hlengiwe, it's my husband's daughter from another woman, and I also have another one, Zandile, from another woman, and my own one are only two.  Hlengiwe is in standard eight, Zandile in standard eight as well, Mabhuye in standard two, Siphamandla in standard one.

FAITH MBATHA: Do you work?

WITNESS:   Yes, I am at Avis.

FAITH MBATHA: The time when your husband died, and you didn't know now to continue schooling?

WITNESS:   No, I didn't, because we planned that the following year I was going to go to Duwiso College of Education, and I just couldn't.  I was supposed to take care of the children now, so I stopped schooling after Sikhumbuso died.

FAITH MBATHA: How is Mandla's health - Amandla?

WITNESS:   Amandla is the youngest, and I think he is the one who was really harassed.  I even had an idea of taking our lives after our husband died.  I wanted to kill all my children and myself.  I couldn't take it.  And he kept on asking me about his father, and when I used to tell him he won't come back, and my life was just miserable.  And he was his father's favourite, and he used to love his father very much.  Even now it still hurts me to see him playing with the other kids and other kids asking him, "Where's your father?"  And sometimes I just don't have answers.

FAITH MBATHA: Do you have any assistance or help from psychologists and therapists?

WITNESS:   No, we don't.

FAITH MBATHA: Mrs Mbatha, we've heard and we are very sorry that you were tortured in this way, and we will try to do by all means whatever we can.  We will try to help, and we will try to pass this to the State President.  If there is any help that you need, or your kids need to go to therapy, and if you need to get in touch with the Minister of the KwaZulu-Natal Health Department, we can help by so doing.  Thank you.

MR LAX: Mrs Mbatha, I wonder if you are able to remember the name of this eye witness?  Did you know who she was?  Do you have any idea where she might be at the moment?  Sorry, I will repeat the question so that you can hear it.  Do you know the name of the eye witness, and perhaps where she might be?

WITNESS:   Yes, I do know him, and I can easily identify him.

MR LAX: Later on you can give us that information and we can try and follow it up for you.  Thanks.

MR LYSTER: Thank you, Mrs Mbatha, and other members of your family for coming here today and having the courage to tell us this terrible and tragic story.  I think we have all been moved by what we have heard and by the suffering that we observe you are going through, and have been going through since your husband's death four years ago.  He was a well known person, and this province and this city is a much poorer place without him.  What is also tragic is that the people who did this are still walking the streets today, and if there is one thing that we will attempt to do it is to ensure - is to try to ensure that this matter is investigated further to see whether the people responsible for this cannot be prosecuted.
So thank you again very much for waiting so long to give your evidence, and for coming up here and being brave enough to do so.  Thank you very much.

MS GWALA: (Sworn, States)

MR LYSTER: I am going to ask my colleague and fellow Commissioner, Dr Mgojo, to assist you with your evidence.  Thank you very much.

KHOZA MGOJO: By the way, where do you stay?  Just tell us briefly about your family.  Where do you stay?  How many children do you have?

WITNESS:   I stay at the GG Section.  My children have already died.  They were four, four who died.  Now I am left with three children, one girl, who has got a daughter also.

KHOZA MGOJO: What happened to the four?  Did they get ill?

WITNESS:  Yes, they did.

KHOZA MGOJO: Where do you stay?

WITNESS:   I stay at GG.  Nkosinathi was killed during the violence.  Elvis is my daughter's son.

KHOZA MGOJO: Is she around?

WITNESS:   No, she isn't.

KHOZA MGOJO: Is your daughter still alive?

WITNESS:   Yes, she's alive.

KHOZA MGOJO: Are you staying with her?

WITNESS:   Yes, I am staying with my daughter.

KHOZA MGOJO: How old was Elvis when he died?

WITNESS:   I am sorry, I don't know anything, I am not literate.

KHOZA MGOJO: Can you brief us as to what happened that preceded Elvis' death?  Did he belong to any political organisation at the time of his death?

WITNESS:   He was a comrade.

KHOZA MGOJO: You also knew that he was a comrade?

WITNESS:   No, they told me that he was a comrade.

KHOZA MGOJO: How did Elvis die?  Just give us a brief explanation.

WITNESS:   It was on a Friday when he went out.  He said he was going to see his friend.  I told him that I didn't want him to go to that particular area because members of Inkatha had control over that area.  He said, "No, I am coming back.  I am very sure that I am going to come back."  He stayed at home with his friend.  They were busy conversing, talking.

KHOZA MGOJO: What was his friend's name?

WITNESS:   I've forgotten.  I don't have a clear recollection, but I know he's from the Hlongwa family.  I have forgotten his name.  They went.  They said they were going to visit another friend of theirs, and it was now dark and he wasn't coming back.  I decided to go to sleep.

KHOZA MGOJO: Was he not used to being away from home until late?