Human Rights Violation Hearings — Mooiriver — 1997-05-28

WITNESS:  We were in court on that particular day, and he approached the Magistrate or the Judges.  He said that he wanted to be released so that he could go to his brother's unveiling of the tombstone.  And there was A C Mnikathi was wanted, and they said A C Mnikathi was a missing witness.  As a result the matter could not go on.  He was not known.  His whereabouts were not known.  That's where the matter ended, and I have never been notified of any proceedings.

CHAIRPERSON: You say that Walter Mchunu was ... (inaudible) ... in the death of your son?

WITNESS:   Yes, that is correct, because he is the one who made a request, and he's the one who was in the witness box.  I think he was the accused.

CHAIRPERSON: Is that the same Walter Mchunu who worked for the Brandville Council and who was a member of the IFP?

WITNESS:  That is correct.  But he made a request that the Court release him so that he can go to his brother's unveiling of the tombstone, and they said they wanted A C Mnikathi, who was suspected to be a hostel dweller.  And they looked for him but the couldn't get hold of him.   Nobody knew as to his whereabouts, and the matter ended just there.

CHAIRPERSON: (Inaudible) ... anything which your grandmother has said which you want add to about your father's death?

WITNESS:   Yes, I would like to add something.  I would like to explain as to the circumstances before my father's death.  He was a councillor but he resigned later on, and they formed a Civic Association together with other members, and he was chosen as the chairperson, or elected as the chairperson of the Civic Association.  And thereafter, after the ANC had been unbanned in South Africa, they organised themselves and they wanted to launch a branch of the ANC in Brandville.  But before that could happen there was a conflict between the hostel dwellers and the people in the location, who were led by Walter Mchunu.  There is a certain house that was burnt, the gas matter, and Walter Mchunu said my father was a suspect because he was the leader.  And he said my father should pay for the house that had been burnt and the gases that were stolen.  And my father approached members of the community and they collected money, and on this particular day that he was attacked, but survived, NUSI(?) were not in speaking terms with my father.  But they couldn't shoot him on that particular day, he survived the attack.  And there is a person who came and asked as to what was happening, because he is the one who was picking the bullet that had missed my father.  He didn't want to hand over the bullet, and I think my grandmother was confused on that aspect.  When they phoned the police station Niehaus is the one who answered the phone, and Niehaus asked as to whether my father had died, and we said no, and we reported that people had run away.  Then he said there's nothing he could do.  He will only come when my father is dead just to take his body.  And after some time thereafter, that was in 1991, just before he died, the police who came to our place gave wrong names to my father.  Because we ultimately got the names through JJ, who is a member of the Parliament, to get the names of these policemen who came to our place.  They went to fetch him at his workplace, and they said they were looking for guns, and when they couldn't get the guns they took the car.  After having taken the car - I think after three weeks they instructed my father to come and pick the car up, and he said he was going to open up a case because he doesn't  know what they had done to the car.  He didn't want to take it back, he wanted it to be checked by AA because he suspected that they might have probably planted something or a bomb in the car.  Then after he died they continued with their story and said the car was stolen.  And at that time that they attacked a small child, Nogu, that is the last-born at home, who was four years old at that time, she was shot four times.  And I do have a photo of her when she was in the hospital, and the people who were arrested - or who were suspects at that time, was a certain person by the name of Duke Mbongwe, China, who is working at the firm - I don't remember the other ones.  And there was an inquest held, and there's a certain person who was a State witness by the name of Hadebe, who testified that he had been bought.  He was going to be paid for killing my father.  And they - he said he was going to be paid for killing my father, and they took him to the firm and he saw my father and identified him positively.  And probably they had put him somewhere to hide.  And at some stage he came across my father.  He greeted my father, and when my father greeted back he felt bad about killing my father and he ended up not killing him at that stage.  And when he gave testimony at the 'Maritzburg Court he said the who came to him to report that they had already killed my father, because he could not kill my father because at that time he was sick.  And Walter Mchunu, as well as Alec Zokela came to report to him that they had already killed my father.  At the inquest the suspects - Niehaus was one of the suspects, that he colluded with the other suspects in the killing of my father.  And at the inquest they said they were looking for Ace, and I think his surname is Mchunu, and he was a hostel dweller, A C Mnikathi.  And the police came to identify him, and when they got to the hostel they found his bed well made, that they did search the place.  Mchunu prevented them from continuing to search the place.  He is the one who denied and said he is no longer living there.  And that's where it ended.  And when I met that policeman who was handling the case at a later stage - I met him at Estcourt and asked him as to what was happening with regard to my father's case.  He said he was no longer involved in that matter, and if I wanted to know more I should go to the police station and find out as to who took over my father's case, because he was dealing with car thefts now.  I told him that if he had stopped he should have reported to us so that we would be able to get in touch with the person who was dealing with the matter, and that was the end.

CHAIRPERSON: (Inaudible) ... the person who said that Zokela and Mchunu had said that they had already killed your father?  Who was that person?

WITNESS:   The surname that I remember because he was a State witness is Hadebe.  If you could check in the records of the inquest from the Regional Court in 'Maritzburg I think you can get his name.

CHAIRPERSON: But Walter Mchunu and Alec Zokela were ... (inaudible) ... or were they charged and the ... (incomplete)

WITNESS:   I only last saw them at the inquest, because the report that we got after the inquest was that the Magistrate said that the only person who could be accused with regard to that was Walter Mchunu, because there was evidence that he was connected with the murder, or he had something to do with regard to my father's murder.

CHAIRPERSON: You've referred all the time to your father's death, your father's case.  Was Mavis Majola - was that your mother?

WITNESS:   I am talking about both of them, because according to me I cannot separate the two incidents that took place.  They are just like one incident.

CHAIRPERSON: Was that in fact your mother, or was that another - was that your father's second wife?

WITNESS:   Ja.

CHAIRPERSON: Mavis Majola is your ... (intervention)

WITNESS:   Yes, that is true.

CHAIRPERSON: (Inaudible) ... so it's not your mother?

WITNESS:   Ja.

CHAIRPERSON: It's your stepmother?

WITNESS:   Yes.

CHAIRPERSON: Bonginkosi, how old are you at the moment?

WITNESS:   I was 23 years.

CHAIRPERSON: How old were you at the time?

WITNESS:   17.

CHAIRPERSON: And is your mother still alive?

WITNESS:   Yes, she is still alive.

CHAIRPERSON: And are you working, or what is your position?