Human Rights Violation Hearings — Leandra — 1997-06-03

MS SEROKE: And, like our Chairperson said earlier on, we have that scheme of reburial and in your case it is easier than the previous case of the Simelanes'.  We know where there graves are and they have been identified as 1070, 71 and 72.  That will be referred to the TRC and we hope your request will be attended to.

SULLIVAN P MOLOKOANE: Okay.

MS SEROKE: Thank you very much.  I do not know whether Mama Kayana has anything to say, because I think you have covered everything, maybe on her side.

MRS KAYANA: In 1979, January, Victor Kayana got lost, disappeared.  After his disappearance he left his children behind.  He came back to collect his children.  Thereafter I was ill-treated by the police security, humiliated by securities.  I was being harassed, clapped.  I am asking, underestimating if I can say I saw some glasses such that I have difficulty in seeing now.  I have been treated, but I still have difficulty in seeing.  Thereafter in 1985, November I received a letter from Ermelo Education Department.  As I am working as a teacher that letter stated that I should go to Ermelo to collect my UIF.  Then I understood that that was just a sort of a snare.  That when I left Ermelo, where I was staying in Devon I was running away from the harassment of the police.
 We were raided daily, day and night and we use to have so many visitors, police or soldiers and my disabled child was being beaten by dogs.  When we reported the matter to the police we were not, our statements were not taken.  In 1985 after receiving the letter that I should report at Ermelo I just understood that it was just a snare that I should go to Ermelo.  I then received the telephone from Swaziland that Victor is late.  Then I went to Swaziland trying to connect the death of Victor and Barney's and Victor's death.  Then we met, I met Mr Simelane.  Then he took me to Barney's place.  What I am trying to say is that the statement that was given by Pepu coincides exactly with my statement, because we have been working together trying to trace our kids where they have been buried.  We even tried, we even connected, consulted with Priscilla Jana who assisted us.  Unfortunately, we could not get hold of our children's corpses.  We tried to make memorial services at, I did the memorial service at Flagstaff, because I was in Transkei, because having failed to get the clear statement I stayed.  
 They went to Middleburg.  Unfortunately I was at school, because I received the information, message late.  So I could not go.  Then Mandiswa went there.  After partying with them then I could not anything clear.  I got clarification from Lusaka that I should visit Lusaka.  Then I visited Lusaka as well to see Victor's children.  After I saw Victor's children after the death of Sipho Kayana on the 16th of September 1986.  Victor also died whilst working for ANC.  I tried to look for, I would like to have the death certificate of Sipho, because what I would like to have Sipho's death certificate, because he is, because my police stated that after, the policies had said that we are going to benefit from his policy.  After some time I received the paper that says that soldiers will never die, but fade away.  
 In 1985 when everything was quiet I wrote a letter to  the President, the President of Transkei.  Unfortunately, the President was not available when the letter reached his office.  Then the secretary answered the letter and said that the matter has been referred to Shell House.  Thereafter I have never received anything from Shell House.  My request is more or less the same as what Mr Pepu has requested.  Everything was just the same.  We have been working in co-operation with the Simelane, the Pepu and the Kayana families trying to trace our kids.  My request is that Victor, I have never, my request is that I have never seen Victor's grave.  So my request is that he should be reburied, they should be exhumed and be buried.  
 There is another child whom is said, as it is said that, there is another child that was buried in Swaziland who died whilst fighting for freedom which is now being enjoyed by everybody, but today people that have suffered a lot about their kids and having tears rolling down their cheeks, but we do not see anything, everything is just quiet.  I would request that that person, that child should also be exhumed from Swaziland and be buried where he comes from.  His father died in Bethal, somewhere in Bethal so he should be exhumed from Swaziland to be buried in, he should be exhumed from Swaziland and be buried in Bethal.  His family should be collected from Transkei to come and attend that reburial.  
 My other request is that as Victor is having kids, his kids should be given something.  It should not be just as he said about Vaku.  As we had gone to Lusaka we were promised the bursaries for the kids, but those bursaries were never made available.  So we would request that something should  be done so that we should feel that, should feel for the kids that died for, in freedom as it.

MS SEROKE: Thanks very much Mrs Kayana about the explanation that you have given to us.  As we have indicated that your statement is more or less the same as that of Mr Molokoane, as you have not written your statement you should not, okay, you should be accompanied by the briefer to the statement takers and please put that statement exactly as you put it here, because if you do not have your statement you will not be able to put your, we will not be able to make follow-ups to your requests.  We have heard your story and we understand them.  We would like to thank you for the efforts that you have taken by travelling all the way from Transkei to come and give a statement here.  So what we would like to know from you is how many kids did Victor take to Lusaka.

MRS KAYANA: Victor's kids were four that he took along.  It was, Sipho was the third one who was left here.  Sipho was left in Lusaka, the other three came back.  There were other two that were left again.

MS SEROKE: Who is staying with them?

MRS KAYANA: They are staying here at Bethal with their mother in a shack.

MS SEROKE: We will take up all the statements to the ANC's offices including the bursary issues and regarding the grave issues you must have heard what was being said about the grave numbers and so on.

MRS KAYANA: My request is that even Donald Kayana's grave should also be included when they are being exhumed.  Donald Kayana is also having three kids that grew up in Swaziland.

MS SEROKE: So you will have to write that statement down.  I will hand over the Chairperson.

CHAIRPERSON: Joyce, Wynand.

MR MALAN: Just a piece of information to Mr Molokoane.  Mrs Seroke referred to the programme that we have in terms of exhumations and reburials, but that is a very limited programme.  That only relates at the moment to our own activities on investigations where we find out through amnesty applications, mainly, that people have disappeared, were killed and buried and we exhume the remains in order to identify the victim.  So we do not yet have a programme simply of reburials where the people who have died are known and especially in marked graves.  I do not want you to be under a misunderstanding of that.  That may be part of a policy that we may recommend to the Government for reparations and rehabilitation.  So just as, for you to know about that, if there is no immediate follow-up on your requests on that and then secondly I just have, I mean you really gave us a very comprehensive statement with all the documents as Mrs Seroke has observed, it is very well researched.  The one thing that is outstanding in my mind is simply the knowledge about the incident, the fact that you say there were two cars, the feats credited to your late brother in terms of Sasol, Voortrekker Hoogte and others.  You have only one source in terms of your statement which is Mr Simelane.