Human Rights Violation Hearings — Port Elizabeth — UNKNOWN

WITNESS: You understood the Xhosa culture and you are allowed to speak in the Xhosa language.  They both loathed apartheid.  I will repeat it, they both loathed apartheid and the violence and inequality in the country that apartheid led to.  Allister in particular worked timelessly at ending apartheid because he understood the people's cries and had great sympathy for the people.  Glen and Allister were my brothers.  My brothers were ambushed at Sonongwana in the Transkei on 13 April 1993.  My brothers were travelling with a friend, Keith Rundle and two young boys aged 11 to Sonongwana after returning from a day's fishing at Port St Johns.  They were ambushed shortly before arriving at their cottage at Sonongwana.  Their assailants used automatic riffles and in the attack my brothers were killed.  Five assailants were arrested shortly thereafter.  Two months after the attack all the five assailants appeared in court and were granted bail of R500,00 each.  I do not know why bail of such a little amount was granted and at the time of the hearing of the bail I felt shock and despair at the amount.  Ever since this murder took place the court case in which they were accused of murdering my brothers has been postponed over and over again.
During the initial stages of the case a special trip was made by the Attorney-General of the Transkei, Mr Chris Nel, to Canada to interview Keith Rundle who was a friend of my brothers and was a survivor of the ambush.  Keith then made a special trip to South Africa to give evidence in the Umtata Court.  Despite the efforts made by the Attorney-General and Keith the court case did not come to an end.  I have now learnt that the earliest is that it is expected to end in September of this year.  I cannot understand why it will take more than three years to bring the trial to an end when their assailants were arrested so soon after the attack.  My family understands, from press reports, that one of the Accused is presently out on bail for R1 000,00 on another murder charge.  This month one of the murderers was shot dead by police in [Inaudible...] after he left the Magistrate's office.  The police wanted to speak to him on another charge.  On seeing the police this Accused and a friend pulled out an R4 riffle and a pistol and in the insuring gun battle he was shot dead.  What kind of people are these?  Why are they still allowed bail?  They do not show any attitude of responsibility towards mankind at all yet they are allowed to run freely on an inadequate bail.  My brothers lost their lives a few days after Chris Hani's senseless killing and the Commissioners will be well aware that the Accused in that case were brought to trial without bail very very quickly.  
Why is justice so slow for my brothers?  My family and I have to wander what justice is all about and if one has to be an important public figure in order for justice to be served.
Earlier this year in response to outcries of justice with regard to the reparators, bail conditions, our President and the Minister of Justice said on National Television that people on serious charges would not be granted bail and allowed to be free until the respective court cases were heard in a competent court.  We viewed the charges against the assailants in the killing of my brothers as being extremely serious.  Is this Transkei above the National laws of our country?  Is so, why?  Do you not think that it makes life seam so cheap?
The matter of the delay of the trial have been raised on two occasions in Parliament and replies have been forthcoming that the case would be proceeding in the future.  My family has felt so helpless and request the Truth and Reconciliation Commission to assist in firstly assuring that the Accused are held in custody or have a realistic bail set in relation to the charge.  Secondly, to assist in bringing this case to finality.
My family and the wider families of Glen and Allister are infuriated, hurt and absolutely frustrated about the inconclusive court case and the obvious disregard for the laws of our land.  We as a family have to start the healing process and this cannot effectively begin when one is continually reading about the delays in the case.  I have forgiven these unfortunate men who were unaware of what my brothers stood for, but believe that justice must be done.  Even they are fined a negligible amount I will not harbour the thought that justice delayed is justice denied.
I thank you, the Commissioners, and for listening to my requests and I trust the Commission will do everything in its power to assist me.
(?) Thank you very much, Mrs Stratford.  To try and put your story in context, may I ask you a few questions.  What was happening in Panda at the time?

WITNESS: At that time it was quite...  They actually...  There was nothing on the go at the time.  My brothers were not aware of Chris Hani's death.  They obviously have gone out quite happily fishing and  were returning from a fishing trip, happy to get home to talk about the day's events when they were ambushed by these five men.  
I just believe that it could have possibly been a political motive because they were the first two Whites attacked after Chris Hani's assassination.
(?) Before I go to the next question. Could you tell us a little about your brothers?  How old were they when they were killed?  Were they married?  Did they have any children?  How old were the children?

WITNESS: My eldest brother Glen was 48 years old and he had two children, Trevor and Debbie.  Allister was an attorney, a very well figure head in the Grahamstown/Eastern Cape area who was very much for the Peace Commission.  He actually on the day of his funeral was due to attend a meeting with regard to the Peace Accord.  He was very well respected by the Black people.  I just believe that if the people only knew who they had shot, they would have realised they made a terrible mistake.
(?) You say they were both well-known in the Black community?

WITNESS: Especially Allister.  He understood their culture.  He actually was a Xhosa teacher at St Andrews College for three years and then he became an attorney and he was very much, as I said in my statement, very supportive towards peace.  He was anti-apartheid.  In fact both were very strongly anti-apartheid.
(?) I know you may not have an answer to this question, but in your opinion, do you think that their killing was a coincidence that they were perhaps at the wrong place the wrong time, or do your think they were direct targets?

WITNESS: I believe serious deep in my heart that they were targets, yes.
(?) This investigation, how long has it been going on?

WITNESS: The investigation has been going for three years.
(?) And no progress has been made on the case?

WITNESS: No progress other than the court cases keep being delayed and there have been tremendous outcries about this delay of the court cases.  Newspaper headlines, justice is too slow for the weaklies.  There has been numerous and numerous reports in the newspapers, when is this court case ever going to come to an end.
(?) From your statement you are requesting that the Truth Commission facilitate the court hearing?

WITNESS: I would be very grateful, yes.
(?) Mr Ntsebeza is here today and I believe he will confirm that we will request that our lawyers facilitate the conclusion of the case perhaps of an estimate of about June/July.  I am just giving you an estimate.  
Mrs Stratford, is there anything else that we have not covered in your story that you would like to share with the Commission?

WITNESS: No, I just would like to really say that this Truth Commission has been a most wonderful experience and my husband and I were saying over lunch time it is such a pity that this hall was not as packed with Whites as it is with Blacks because I think the Whites need to have heard to what was said today.