Human Rights Violation Hearings — Durban — 1996-05-10

DR BORAINE: Mrs Dube, you mentioned that your husband was working in a shop and that he was not involved in any political party.  Is that right?

WITNESS:   Yes.

DR BORAINE: Thank you.  But the people who killed him, whoever they were, what did they think of his politics?

WITNESS:   Could you please repeat the question?

DR BORAINE: The people who killed your husband, why do you think they did this to him?  What did they think about his politics?

WITNESS:   At the beginning I thought I explained that there were rumours, as this boy came to explain to him that they were suspicious that he was a member of the IFP, because he was driving a car registered NC, where

DR BORAINE: /there was

DR BORAINE: 16A/11 there was a lot of - that was an IFP stronghold.  They also say they saw an IFP man coming out of the shop the previous day.

DR BORAINE: Thank you very much.  That's very helpful.

CHAIRPERSON: Dr Magwaza.

DR MAGWAZA: Mrs Dube, I have a question to follow up at what you have said just now.  The first one, seeing that you are not working, is it because you don't get employed or is it because of the state of health?

WITNESS:   I tried to get the work, but seeing that I am not educated I cannot get employment, so I am selling, so that I can get some funds.  My sister tells me every time that, "If you ask me to help you with the money, I will, but on top of what you have already gathered".

DR MAGWAZA: You said the child is not at school any more, but the other two are still at school.  Who is really educating your children?

WITNESS:   It's myself.

DR MAGWAZA: Thank you, that's what I wanted to know.

CHAIRPERSON: Dr Mgojo.

KHOZA MGOJO: No questions.

CHAIRPERSON: Thank you very much for coming to us.  We don't know is there a remedy that we can give you, a remedy that will soothe your heart - a remedy that will ease the pain that you have, but you know that there are many people here who sympathise with you.  We've listened to your requests as well and maybe we will try to investigate, so that we get the perpetrators and we know that you would like to meet them, so that they can tell you what really happened.  Thank you very much.  May God bless you.  Thank you.
/CHAIRMAN
16A/12

CHAIRPERSON: You may not take photographs inside.  Thank you.

DR BORAINE: I call to the witness stand, Vuka Mswazi Tshabalala.  I gather that you will not be using the headphones and let me begin, Judge Tshabalala of the Transkei Supreme Court, I want to welcome you very warmly to this Commission.  It's not often that you are being welcomed.  You normally are presiding, and therefore we are particularly glad and grateful that you have seen fit to come to this Commission.  As we have stressed many times, this Commission has its doors wide open and we hope as many people as possible will come forward and we are glad that you are here, but you are here on a very sad mission, because this has to do with the death of your wife, Pearl Tshabalala, in 1988.  Before I ask you to take the oath, perhaps you would be good enough to tell us who is with you today.

UNKNOWN: Yes, this is my son, Ayanda.  He is my second-born, and my daughter, Vuye.  She is one of the twins - the twin girls.

DR BORAINE: We are very delighted to welcome them as well, because, of course, we are talking about their mother and we are pleased that you have them to support you on this occasion.  Would you stand, please, to take the oath.

UNKNOWN: (Sworn states) (Through Interpreter)

DR BORAINE: Thank you very much, please be seated.  My colleague, Dr Mgojo, is going to take over from me now and I hand the mike to him.

KHOZA MGOJO: Our brother, we know that we are opening up

KHOZA MGOJO: /your wounds.

KHOZA MGOJO: 16A/20 your wounds.  We know that the death of Pearl didn't only touch your family and your children, it touched the whole Clermont family.  It touched so many other families and other communities here at KwaZulu/Natal, but we are happy that you are able to come and expose this - expose your pain that you feel inside yourself.  We also thank your children that they are here.  I know your family is a very close family.  I will follow stages as I am asking you to relate this story.  The first thing I would request you to tell us about your family and your children - who are they, and so on.  That's the first thing.

WITNESS:   I have got six children.  The first one it's a boy.  He is Zakiwu.  He is 30 years old.  The second one is Ayanda.  He is 28 years old.  And then two girls - they are twins.  They are 27 years old.  And then there's a boy, Simphiwe, who is 25 years old, and then there is Zanele, the last-born.  He is 13 years old.  The first boy, he was studying at Rhodes.  He was doing B Com in 1987.  The second one, he was here at the University at Westville, doing BA.  The girls, one of them was doing B Journalism at Rhodes and the other one doing B Sc Computer Science at Rhodes, and Simphiwe, he was at Cassim (?) College.  He was doing standard 9.  Zanele, he was not yet at school at that stage, when his mother died.  He was still at pre-school.  He was 5 years old.  We were a very close family.  Even the community knew that.  Even if there were occasions, we used to go together as a family.  Pearl - we've got businesses at Clermont.  My wife, Pearl, was in charge of the businesses.  I was an advocate here in Natal at that time.

KHOZA MGOJO: Thank you very much, Meshengu.  Could you give us a

KHOZA MGOJO: /brief history

KHOZA MGOJO: 16A/25 brief history of Clermont, the background at that time?  What was happening at Clermont just before your wife died?  Just give us a background.

WITNESS:   Clermont, it's a place of people who own their places - they are owners.  They have bought the place, although, as time went on a lot of people were looking for jobs, there were people who had rented there.  The owners would build houses and then they would hire these houses out, so a lot of people then were people who had rented places.  There was an advisory board at Clermont.  The first thing the Clermont community didn't like to unite with this advisory board, but as time went on myself and others we realised that it doesn't help that we don't get in advisory board, because there would be things that would happen at Clermont but we wouldn't know about them.  So I myself and Mr Nyembezi, who was the chairperson, I was the vice-chairperson.  There were other people like Mr Pele, Mr Khuzwayo - Emmanuel Khuzwayo - and Mr Buthelezi.  We discussed that we must be involved in this board, so we were united.  We went to the board and we started campaigning.  The first time we won the election.  The people who were in opposition to them called themselves, "Sofizonke".  All of us succeeded and the others failed.  As time went on it emerged that Clermont was going to be taken by the KwaZulu Government and then there was an inquiry.  There were people looking from Pretoria who came to Durban to make this inquiry.  Many people from Clermont went to this inquiry with evidence and they said they don't want Clermont to be under KwaZulu.  Nyembezi was speaking on behalf of the board, but we were all there.  He gave his evidence, giving reasons why we didn't want Clermont to be under

KHOZA MGOJO: /KwaZulu.  After