Human Rights Violation Hearings — East London — 1997-06-10

MRS GUSH-NKULA: The police vans and cars were around all the time on the Friday as we were going to bury on the Saturday.  We were called to the police station and they said we should not have a night vigil in the evening on Friday because there were going to be problems.  We said that if the people wanted a night vigil we had to and the Station Commander said he's warning us and we should not complain if something happens.   There was a night vigil but it was disrupted.  They took down people's names and we were told to stop the night vigil within an hour.

MS MAYA: Did you lay charges as you seem to be aware of who the perpetrators are?

MRS GUSH-NKULA: No, there was no court case.  I cannot remember whether three or four months had elapsed after the funeral and we were called because there was going to be an inquest.  We went there and after a minute they asked if the Gush family was there and we said yes.  The Magistrate said the inquest concerning your son nobody can be held responsible for his death.

MS MAYA: Therefore the inquest proceedings were not in your presence, you were just informed of the conclusions?

MRS GUSH-NKULA: Yes, I did not know what was happening as I thought we would be part of the investigation because we had information as well.  This Magistrate went back to his chambers and I thought we should approach him.  I approached him asking him who he was and he said he's Mr Matwana.  We asked him if this was the normal procedure for an inquest and he said he didn't know but he'd been sent to give this conclusion.   We asked him from where and he said he could not divulge that information.

MS MAYA: Was this Magistrate from the area or from another area?

MRS GUSH-NKULA: I have no clue but because I was dealing with him at the time I had to ask his name.  I don't know whether he works in the area.

MS MAYA: Had you seen him prior to that?

MRS GUSH-NKULA: No.

MS MAYA: And after that?

MRS GUSH-NKULA: No.

MS MAYA: Did you got to an attorney?

MRS GUSH-NKULA: No, but we have a friend who is an attorney and we asked him what the legal proceedings would be.  How would we deal with this and he said that if members of the Government Civil Service were perpetrators it would be difficult to deal with the case.  We asked the White man in West Bank what the corpse was doing there and he said that it was there for a post-mortem and we said that as a family we didn't ask for a post-mortem to be conducted.

MS MAYA: Do you know who this doctor is?

MRS GUSH-NKULA: I don't know but we got results from the post-mortem.  They said that the cause of death was a bullet that entered from the posterior to the anterior.

MS MAYA: Your brother was thirty one years old did he have a wife and children?

MRS GUSH-NKULA: He'd had a wife but they were separated.  He has one son who was nine years old in 1990 and the other one was born in 1990 after he died.

MS MAYA: Who stays with these children?

MRS GUSH-NKULA: They stay with my mother.  The eldest ...

MS MAYA: We'll ask for the details later.  Does Naledi's mother have anything to say?

MRS GUSH: I just want to take over.  The eldest child was terribly affected by this incident.  He was very close to his father and his lifestyle deteriorated.  He is in a reformatory in Cape Town.

MS MAYA: How old is the child?

MRS GUSH: He turned sixteen on the second of March.  He'd say that if his father was alive things would be different at home.  Another calamity that befell our home is that my husband's health deteriorated terribly after my son's death.  He was a teacher and that was his last year.  The students were requesting that he resigns because he was not of good health.  On the Monday the twelfth of February there were celebrations at Thabakandota.  There was a voice on the radio that day and this voice was saying that Gush was not at the celebration even though I was doing everything for him, feeding him and supporting him he was biting the very hand that was providing for him.  He gave a command that the Ciskeian Police in Mdantsane must shoot those people that do not appreciate what he had done for him.  He was heartbroken.   His will to live was no longer there.  In December 1995 his heart stopped.

MS MAYA: Thank you Ma'am.  Do you have requests that we can present to the State President?

MRS GUSH: Two requests that are strong in my heart.  I am not bitter I do not want revenge but my eyes long to see the man who killed my eldest son, my only son.
 Secondly, he has children the eldest being in a reformatory has no direction at all.  I am  his father and I am his mother.  If I die to-morrow this child will have no parents.  He must be able to stand for himself in life.  How is he going to be able to do that without parents.  Even the younger one is disabled and has been for the last four years.  I support that child and I'm helped by my daughters who are married.  I want my grandchildren to stand as dignified men in society.

MS MAYA: Thank you Ma'am, thank you Naledi.  I will hand you over to the Chairperson.  There may be further questions.

BONGANI FINCA: Mr Gush and Naledi thank you so much for having given us this report.  Losing your son Naledi's brother and sharing with us how this unfortunate incident touched your lives.  Your last words Mrs Gush .............. words that were spoken at Thabakandota.   It is not for me to say whether they are true or not as I am not here for that but we are used to such statements that we'd hear at that mountain Thabakandota.  We would like to extend our compassion to you thanking you that even through your pain you are able to forgive and say that you are not bitter or angry and your only desire is that the perpetrators come before you that you may be able to see them so that there may be a two way forgiveness.  We thank you.

BONGANI FINCA: There are requests before us that Mtozami Madikane and Sitile Gola would like to appear before the Commisison.  Could you please step down Mr Mtozami Madikane first of all accompanied by his legal representative Dudley van Heerden.  Mr van Heerden welcome would you like to confirm your name, the name of your client and the reason for appearing before the Commission.

MR VAN HEERDEN: Thank you Mr Chairperson and fellow Commissioners.  I am Dudley van Heerden from the firm Smith Tabata Barnes and Gross in King William's Town.  Mr Chairperson I am representing Mr Madikane at the hearing that is scheduled for to-day.  My client has had sight of the statement made by the Claimant in this particular matter Mr Chairman and he is prepared to relate his side of the story regarding the events of the statement.  The statement has been prepared and I take it is in possession of the Commissioners.

BONGANI FINCA: Thank you Mr van Heerden.  We will have to swear Mr Madikane in.  His full name is Mtozami is that correct?  Mtozami Madikane?  We would like you to take the oath so that you can testify before the Commission.

REV XUNDU: Thank you Mr Chairperson.  Mtozami Madikane please stand up.

UNKNOWN: (sworn states)

BONGANI FINCA: You may sit down Mr Madikane.  Before I hand over to Mr van Heerden I would like to ask the people in this hearing to be well behaved so that our proceedings can be done with dignity.  Our work here is to give respect to everybody appearing before the Commission no matter how we feel about that particular person.  If he is here we have to protect him by all means and we have to show him respect.  He does not have to feel intimidated.  I urge the people from Mdantsane, the lovely people from Mdantsane to have respect for the witness and to our proceedings so that it can proceed with dignity, thank you.   Mr van Heerden you are going to lead your client and you can do seated because this is not a court.