Human Rights Violation Hearings — King William's Town — 1997-05-14

CHAIRPERSON: We request that Tembega Gladys Bata come forward please.

TEMBEGA GLADYS BATA: (sworn states)

CHAIRPERSON: We request that Ntsikii Sandi lead you in evidence on behalf of the Commission.  Thank you Mr Chairperson.

MR SANDI: Mrs Bata, I also welcome you.  You are going to talk about Lizo Desmond Bata, is that so ?.

TEMBEGA GLADYS BATA: Yes.

MR SANDI: The late Mr Bata was your husband, is that so ?.

TEMBEGA GLADYS BATA: Yes, Sir.

MR SANDI: Could you tell us fully what happened to him.

TEMBEGA GLADYS BATA: It was in 1992, on a Monday that, at about, before 9 o'clock, we were watching TV and we heard a sound.  Something was being thrown, we thought.  My husband got up to peep  He opened the door, the front door, he did not see anything.  He closed the door but there was a funny smell, like smoke.  He then went towards the back to see what was happening.  As we were running towards the bedroom.  We went towards
the bedroom, running from the smoke.  We got into the bedrooms then one of the children shouted that we should go outside because we are going to suffocate from the smoke.  We ran over the fence and we went to our next-door neighbour's house.  We did not know what was going on.  An ambulance was called and I was taken to hospital.  I heard at the hospital the next day that my husband had passed away.

MR SANDI: Were there people  Mrs Bata, who were arrested for this ?.

TEMBEGA GLADYS BATA: No.

MR SANDI: Before this happened, were there incidents at home like this ?.

TEMBEGA GLADYS BATA: No.

MR SANDI: Were there people perhaps from the Ciskeian Defence Force or Ciskeian Police Force who would come to your house looking for a particular person ?.

TEMBEGA GLADYS BATA: The Ciskeian soldiers would come looking for Xembisi Bata but they would not go to home,  but to the other house.

MR SANDI: Who was Xembisi Bata?.

TEMBEGA GLADYS BATA: That is our Nephew.

MR SANDI: Therefore its a member of the family ?.

TEMBEGA GLADYS BATA: Yes.

MR SANDI: According to your statement you suspect the perpetrators, you have an idea.

TEMBEGA GLADYS BATA: Yes, I do.

MR SANDI: Would you tell us about these people?

TEMBEGA GLADYS BATA: I suspect the Ciskeian soldiers.

MR SANDI: Do you have reason to suspect the Ciskeian soldiers ?

TEMBEGA GLADYS BATA: Yes, I do.

MR SANDI: Could you give us these reasons ?.

TEMBEGA GLADYS BATA: First of all, when the bomb was exploding, this, when the bomb, after the bomb exploded the soldiers were there in the yard.

MR SANDI: Did you get any treatment from the doctor ?

TEMBEGA GLADYS BATA: I used to go to the doctor in 1992 and 93.

MR SANDI: Did you have children with Mr Bata ?.

TEMBEGA GLADYS BATA: Yes.

MR SANDI: How old are the children ?

TEMBEGA GLADYS BATA: My eldest was born in 1973, the second born 1976 and the, and, and my third 1977, my last one 1985.

MR SANDI: Are they all at school ?

TEMBEGA GLADYS BATA: Yes, they are.

MR SANDI: Could you tell us how the children were affected by this incident.  Surely they were affected cause they were quite young when the father passed away.

TEMBEGA GLADYS BATA: I did not notice anything.

MR SANDI: How do they feel about the way their father died ?

TEMBEGA GLADYS BATA: They were very hurt.

MR SANDI: What was your father doing, your husband doing ?.

TEMBEGA GLADYS BATA: He was a taxi man.

MR SANDI: How long had he been a taxi man ?

TEMBEGA GLADYS BATA: Quite a while.  More than 11 years.

MR SANDI: Why do you think that the Ciskeian Defence Force killed Lizo Desmond Bata ?

TEMBEGA GLADYS BATA: I think that it was a mistaken, they were looking for Xembisi.

MR SANDI: Are these house, are their houses next to each other ?

TEMBEGA GLADYS BATA: Yes.

MR SANDI: Where were you staying at the time ?

TEMBEGA GLADYS BATA: At Xue Xue.  Xue Xue township.

MR SANDI: Next to Bisho ?

TEMBEGA GLADYS BATA: Yes.
MR. SANDI: Is that all the evidence that you have, Mrs Bata ?

TEMBEGA GLADYS BATA: Yes.

MR SANDI: Do you have a request in connection with this incident ?

TEMBEGA GLADYS BATA: I would like to know the perpetrators.  Who they are.

MR SANDI: You have a request according to your statement, about your children.

TEMBEGA GLADYS BATA: If I could be helped with the children, so that they can be educated.

MR SANDI: Was Mr Bata politically active.  Did he belong to any political organization ?

TEMBEGA GLADYS BATA: No, he did not belong to any political organization.

MR SANDI: Thank you Mrs Bata.  If, perhaps there's something you have left out, maybe it will be revealed as the other panelists ask questions.

CHAIRPERSON: Calls June Crichton.

JUNE CRICHTON: Can you hear me, Mrs Bata ?

TEMBEGA GLADYS BATA: Yes, I can hear you.

JUNE CRICHTON: Just one question.    Did  you  get  any  legal advice about this at all,
make a statement to the police or approach an attorney ?

TEMBEGA GLADYS BATA: I gave a statement to the police.

JUNE CRICHTON: Did anything happen as a result of that ?.

TEMBEGA GLADYS BATA: There was a investigation, but no results came of it.

JUNE CRICHTON: Your husband was a member, well not a member, but he was a taxi driver for 11 years.  He belonged to Bata.  Was there any assistance from them when this happened ?

TEMBEGA GLADYS BATA: We were not helped at all.

MR SANDI: Mrs Bata I just need clarity.  What was the taxi association that your husband was a member of ?

TEMBEGA GLADYS BATA: It was Begita.

MR SANDI: At the time of  the incident, Mrs Bata, was there perhaps unrest with, especially the taxi men.  Were they fighting at the time ?.

TEMBEGA GLADYS BATA: No.

MR SANDI: You said you reported this at the police.  Who as a policeman was leading the investigation ?.

TEMBEGA GLADYS BATA: I do not know, but it was at Zwelitsha police station.

MR SANDI: Did the police come to you to take a statement ?.

TEMBEGA GLADYS BATA: Yes, they did.

CHAIRPERSON: Are there any questions ?.
     Mrs Bata, we thank you very much.  We'll remember this day that you're talking about when your husband Lizo was shot.   The  Commission  will  look  into  your 
request that we've investigate what the contribution of the police was in investigating this
matter.  As you say according to your statement, you say you would like to know who the perpetrators are, so that you can forgive them.  We trust that our investigative unit will be able to fulfill this need.  Thank you for having forward with this statement.  If there's more details we need, we will come to you Mrs Bata.  Thank you for now.