Human Rights Violation Hearings — Port Shepstone — 1996-08-13

COMMISSIONER: So I want to thank you, and to thank all the other people who came and told us this story today.  I think that there are some other parents who lost children in that massacre at Nsangweni who we could not fit in today because there were so many people wanting to give evidence, and if they are here we also extend our sympathy to them.  If they would like to stand up and be acknowledged they may do so, so that we know that although they did not give their evidence that we express our same sympathy to them.  Would you like to stand up just so that we can see who you are?  You don't have to if you don't want to.

INTERPRETER: Those who have children who were affected in this massacre who never came forward to give evidence, may they kindly stand up so we may also extend the words  of sympathy to them.

COMMISSIONER: We extend our deep sympathy to you all.  Thank you for coming in today.  Thank you.

INTERPRETER: We thank you for coming today.

COMMISSIONER: Thank you again, Mrs Mzindle, for coming in to tell us your story.

WITNESS:   Yes.

COMMISSIONER: Thank you, we welcome you and greet you today, Mrs Shabalala.  Can you tell me who you have come along with?  There is somebody else on the stage with you.

MAYROSE SINDISIWE SHABALALA: It's my sister.

COMMISSIONER: Thank you, you're welcome, and we greet you as well.  Mrs Shabalala, you have come to tell us about the disappearance and the death of your husband, Mbuso Shabalala.

MAYROSE SINDISIWE SHABALALA: Yes, that's true.

COMMISSIONER: Before you tell us that story can you please stand and take the oath?  I presume it will just be you who's going to give evidence today, not your sister as well.

MAYROSE SINDISIWE SHABALALA: (Sworn, States)   (Through Interpreter)

KHOZA MGOJO: We would like to thank you, Mrs Shabalala.  How long have you been staying at Gamalakhe?

WITNESS:   I started staying there in 1989, and after my husband disappeared I left the place.

KHOZA MGOJO: Where were you staying before?

WITNESS:   I was staying at Umzumbe, at my home.

KHOZA MGOJO: Can you tell us the history about the background of your family?

WITNESS:   You mean the people with me?

KHOZA MGOJO: No, I mean about your family.  How many children do you have?

WITNESS:   I have three children, two girls and one boy.  The daughter is 12 years old, the second one is eight, the boy will be turning six on September.  When I was pregnant by the third boy his father disappeared.

KHOZA MGOJO: Are you working?

WITNESS:   Yes, I am working.

KHOZA MGOJO: Where do you work?

WITNESS:   I am working at Gamalakhe as a teacher.

KHOZA MGOJO: At which school?

WITNESS:   (No reply interpreted)

KHOZA MGOJO: At that time when your husband passed away did you belong to any political organisation?

WITNESS:   Yes.

KHOZA MGOJO: Which organisation?

WITNESS:   ANC.

KHOZA MGOJO: Can you explain before the Commission what happened to your family, starting from July 1990?

WITNESS:   It was during the June holidays, and we were off on holiday to Durban.  One Sunday we decided to go to Port Shepstone, and at the family we didn't find anyone.  We stayed there.  My husband left, saying he's coming back to pick us at 4 o'clock.  4 o'clock struck and he didn't come back to pick us, therefore we went back to M Section.

KHOZA MGOJO: Which township are you talking about?

WITNESS:   I am talking about KwaMashu township.  Then he didn't arrive until the next morning.

KHOZA MGOJO: This uncle, your husband's uncle, where was he staying?

WITNESS:   He was staying in G Section at KwaMashu.

KHOZA MGOJO: What happened thereafter?

WITNESS:   On Monday I went back home because the schools were opening on Tuesday.  I didn't tell them at home what happened because I was afraid.  I thought maybe my husband had gone somewhere.  I thought maybe if I say something I will be mentioning his secrets.

KHOZA MGOJO: Where were you staying?

WITNESS:   We were staying at Umzumbe.

KHOZA MGOJO: And then you arrived home and your husband didn't come back, and you were afraid to mention as to his whereabouts.

WITNESS:   I talked to my younger sister, trying to explain that I can't see him, I don't know what has happened to him.  On Tuesday we went to KwaMashu Police Station to report the matter.  They tried to investigate, trying to look out at the mortuary whether he's not there.  I tried to describe to them how he was dressed, but they couldn't find him, and thereafter we had to go back home.  On Friday the 13th I was coming from school.  I met about 10 cars driven by white people.  I wasn't aware that these people were looking for me.  When I arrived at home and alighted from the bus a car stopped just behind me.  They greeted me.  They greeted me as Mrs Shabalala.  I was so surprised because I didn't know them, and I was afraid.

KHOZA MGOJO: At what time was it?  Was it in the evening or morning?

WITNESS:   It was in the afternoon.  They asked me where was my husband.  I told them, "He has disappeared on Sunday."  They asked me to whom have I reported the matter.  I told them I went to KwaMashu Police Station to report the matter.  I thought maybe they're going to give me the message that he has died, because it has been sometimes a long time after he disappeared.  They said to me they were looking for him.  There was an accident that happened in 1983, and all the people who were in the accident are being sought to be given some compensation.   What do you know about Mr Luthuli?   ---   I went to Mr Luthuli, it was on August, because the car which stopped behind me I just explained has a numberplate registration number of NPS.  I will say that this Luthuli it's a police.  Someone told me about this Luthuli, that I must go to Luthuli, I might get some leads.  Yes, I know this person who told me this.  He's staying in Gamalakhe.

KHOZA MGOJO: Luthuli did came to you to ask the whereabouts of your husband, is that true?

WITNESS:   Yes, it's true.

KHOZA MGOJO: Why was he looking for him?

WITNESS:   He said he was looking for him in connection with the accident which happened in 1983.

KHOZA MGOJO: And he found out that you didn't know where your husband was?

WITNESS:   Yes, that's true.

KHOZA MGOJO: Can you tell us about the two policemen who arrived on the next day?  At what time did they arrive at your place, and where were you at that time?

WITNESS:   Luthuli arrived on the 13th, Friday.  The others arrived it was on the 20th early in the morning.  I was lying on my bed.  They knocked on the door.  My dad asked them who was it and they said it was police, and we opened the door.  They didn't say whom they were looking for.  They get into the house.  They found me sleeping in the bedroom.  They said, "Here is the damn woman we're looking for."

KHOZA MGOJO: Is it the police who were saying this?

WITNESS:   Yes, it were the police.

KHOZA MGOJO: Where were they from?

WITNESS:   I don't remember where they were coming from.  They said to me, "You don't have time to dress, but you have to take off this nightdress."  I took the nightdress off and my mum went to fetch some clothes so that I can wear.  When they were asked where they were taking us they said, "We are going somewhere far."

KHOZA MGOJO: Where were they when you were dressing?

WITNESS:   They were in the dining-room.

KHOZA MGOJO: Where were you dressing?

WITNESS:   I was dressing in front of them.  They said there's no time for me to dress in the bedroom.

KHOZA MGOJO: It means you changed your clothes in front of them?

WITNESS:   Yes, that's true.

KHOZA MGOJO: Were they males?