Human Rights Violation Hearings — Durban — 1996-05-09

WITNESS:   The day they took me, they have not yet arrested Bongani, because they wanted me to take him out and they dropped me off the road and I went back home.  Sikumbuzo arrived at home at 12 o'clock.  He couldn't walk.  When he was coughing, he would cough blood.  I said to him, "Sikumbuzo, what happened?", and he said, "Mom, they've picked Bongani".  I gave him money and he went to the hospital.  When he returned from the hospital, he was so scared and he said, "Mom, I'm now going to Izingolweni.  I want to go and stay there.  I'm afraid the police might come back and harass me and torture me once more".  We tried to find Bongani at the police and every time they would say no, they don't know his whereabouts.  I went to Mr Mlaba.  Mr Mlaba tried to search for Bongani.  They took Bongani in May and it was June - towards the end of July the police arrived.  He was handcuffed, heavily chained on both the hands and the feet.  They said he should take out the weapons, because his uncle gave him those weapons.  They searched, but no guns were found and he pointed at a furrow where the water pass.  They left and they told me that Bongani will never be seen again.  I was sleeping.  It was Wednesday morning at 9 o'clock.  I heard people knocking at my door.  It was a harsh knock and I could realise that it was the police, because they used to come to my place.  I woke up and I opened the door.  A policeman gave me a card and he said Bongani had been shot by the police.  "If you want to know everything, details, you'll go the police station".  I wasn't alone in the house - I was alone in the house, because my children all ran away.  They were scared.  I

MR LYSTER: /sat quietly

MR LYSTER: 12A/5 sat quietly down, because I was also scared of the neighbours.  One of my neighbours who used to help me was not present at that moment, he was at work.  I dressed up and I thought of Mlaba on that day.  I went to him.  On my arrival at Mlaba I showed him this card that Bongani had been killed.  Mlaba gave them a call.  You would think that at that moment they were just behind the house, because in a few minutes they arrived.  Mlaba asked them questions.  He asked them, "Had he been shot?".  They said, "Yes, we are only here to give you the message that he'd been shot.  We don't know what really happened".  Mlaba asked me whether will I be able to go and see him.  I said, "Yes".  They said they will take me with their car.  I said, "No, I will walk".  I walked on my own and I found them sitting there, waiting for me.  They said I should sign.  I said, "No, I don't want to sign".  I went inside.  I saw my son and I came out.  They first pulled two shelves out and then the third one I could identify Bongani.  When I arrived at home I sat down and I waited for any person who might come in.  My next-door neighbour was not present.  He was the person who used to help me a lot.  In the afternoon my daughter arrived.  They were crying and they found me sitting, waiting, reading my Bible.

MR LYSTER: Mrs Cele, can you tell us what explanation the police gave for Bongani's death?

WITNESS:   I didn't talk to the police myself.  I went to Mr Mlaba, because he was an ANC lawyer.  I was expecting that there would be a court case, because of the whole situation, because I thought my son would be arrested like anybody else and would be sentenced and would come back home, but they released him  - according

MR LYSTER: 12A/7 - according to the information that I got, I was told that the policeman left with Bongani and he shouted, he said, "The dogs are now leaving with me.  It might happen that I don't come back", and it is true, he never went back to the cell he was in.  This disturbed me a lot.  I've been going to Mlaba for a few times, because I wanted to know the reason why had he been killed.  Mlaba searched for evidence all over.  Because the police would come to my home with heavy chains on Bongani's legs and hands, searching for guns and they couldn't find any gun.  I never heard what was the reason for Bongani's death, why had he died.  I so much wanted to hear the information that led to his death.  After Bongani's funeral it was almost a year.  We received a call that we were to appear in court.  Two young men came in and they put a map on the table.  I didn't know were they magistrates and prosecutors, because I'd never been to a court before.  They were reading this map.  After reading that map, Mlaba said can he please go out.  We went out and when we arrived outside he said, "Bongani's charge has been dropped.  You know that the ANC cases are not listened to".  I asked Mlaba.  I said, "Mlaba, what am I going to do with Bongani's son, because I am very poor?  How is this child going to survive with the education?"  Mlaba said, "The ANC doesn't have any help.  It is only allowed to help people who are married".  I went back home, because there wasn't anything I could do.  Ultimately, when the truth came out I wanted to come here to speak about this thing, because I've been carrying this burden, not knowing who could help me, who could explain everything to me about the brutal killing of Bongani,

MR LYSTER: /because

MR LYSTER: 12A/10 because I even asked at home why did they attack my house only.  I've been to Mlaba many times, but I never received any help and that's where I gave up.  I was wondering what am I going to do with Bongani's son, because he has to go to school, because he would come to me and say, "Granny, could you please give me money.  I want to go to school", and I wouldn't be having a penny in my wallet.

MR LYSTER: Mrs Cele, I was going to ask you what you felt that the Commission could do for you.  Can you just tell us how old Bongani's son is?

WITNESS:   He is doing standard 5.  He is 9 years old.  He was born in 1984.

MR LYSTER: And is he living with you?  Are you looking after him?

WITNESS:   But that doesn't mean anything because I don't have money.

MR LYSTER: Mrs Cele, I'm very sorry to have to interrupt you here.  We have another five witnesses to hear before lunch.  We've heard your very, very tragic story and we express deep sympathy for you.  We've heard you tell us that you feel unable to look after Bongani's son and we have made a note of that and we will see whether we can make recommendations as to whether you can be assisted in his education.  If there is anything else you would like to say before you leave the stage, as to what you think the Commission may be able to do for you, please do so, but if you feel that you have said enough then thank you very much.

WITNESS:   What's really very difficult and painful for me is the education of Bongani's child.  This child is not alone, but the other one I don't know where is the mother, because it's not in the statement.  I cannot find the mother of the other child.  Apparently the mother was taken by her aunt, but it's not easy for us to  /see the

MR LYSTER: 12A/14 see the other child.  What is very, very hurtful for me in my heart, I'm a suffering woman, I cannot fulfil the achievement the way I would like to.  My child is lying there.  I couldn't even put a tombstone on his grave as a memory to him.  I couldn't do that.  It was very difficult for me, because I do not have means, but I would really appreciate if they can just educate Bulelani, Bongani's child until he's an old man.

MR LYSTER: Thank you very much, Mrs Cele.

CHAIRPERSON: Siyabonga, Mama.  Any questions?  Dr Mgojo.

KHOZA MGOJO: Mama Cele, there's something I'm going to ask you about Bongani's grave.  You had wanted to put a tombstone.  Where is this grave?

WITNESS:   He was buried at Mgijima.

KHOZA MGOJO: I think the Commission will also have a look at that request - the tombstone request.

CHAIRPERSON: Dr Boraine.

DR BORAINE: Mrs Cele, Mr Mlaba was your attorney.  Is that right?

WITNESS:   Yes, Mr Mlaba was an ANC lawyer.