Human Rights Violation Hearings — Durban — 1996-08-28

WITNESS:   ... memorial service, and then they were knocked by the Inkatha Freedom Party group that  was outside.  They even went into the cinema.  They were trying to burn the cinema.  Unfortunately for them it's all concrete, cement.  They could not burn the walls of the cinema.  (Speaking English)

COMMISSIONER: And you confirm that there were police and soldiers present at the time?

WITNESS:   Yes.  (Speaking English)

COMMISSIONER: Mr Dlamini, thank you very much for coming in an sharing your story with us.  As a result of the political violence you have lost not only your business, your means of earning a living, but you have also lost your son Jacob, and your other son in the Transvaal, and we extend our deep sympathies to you because of that.

WITNESS:   Thank you very much.  (Speaking English)

COMMISSIONER: You have also confirmed what one of the other witnesses has said about the event at the Umlazi Cinema.  As I said earlier this was a very, very important event in that period of history of Natal, and your evidence there is also very important.  As you know, as Mrs Gcabashe has said, it's our job to make recommendations to the Government as to how you might be assisted.  We are not in a position to assist you directly, but we will take those recommendations to the State President, and he will act on them as he sees fit.

WITNESS:   Thank you very much.  (Speaking English)

COMMISSIONER: Thank you very much for coming in today.

COMMISSIONER: We welcome you here today, Mr Mbambo.  Can you hear me through the earphones?  Can you hear me and understand me?

B V MBAMBO: Yes.

COMMISSIONER: You are also from Umlazi, Malugazi North near Umlazi, and you have come to tell us about the death, shooting, burning, killing of your friend Bongani Xebexulu in 1991.  Before you tell us that story can you please stand and take the oath.

B V MBAMBO: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Mr Lax will help you with your evidence.

MR LAX: Good morning, Mr Mbambo.  Thanks for coming again.  What Mr Lister also didn't mention was that you're coming to tell us about your own injury as well, is that correct?

WITNESS:   (No reply)

MR LAX: Can you hear me through these earphones?

WITNESS:   Yes.

MR LAX: Speak up so we can hear your voice please.  Now, just for the record, you were born on 4 March 1972, is that right?

WITNESS:   (No audible reply)

MR LAX: Sorry, if you could just speak up a little bit so the people in the audience can hear you, because everything you say goes through the microphone in front of you.

WITNESS:   It was on the 28th of February in 1991.  It was on Tuesday.  The previous day there were fightings around in the neighbourhood.  The shacks which were called Malaza were attacked before by Inkatha members at Malaza, and then the following day things were still not right, and the situation was still volatile.  As we were still confused about the situation the soldiers approached.  They were running, going up the road.  I am talking about the road that separates the two locations.  They were using that road.  Still we were standing on the hill sort of place called Masizini.

MR LAX: (Inaudible) ... a little bit closer to that mike.  Maybe move your chair a little bit forward.  That's much better, thank you.

WITNESS:   Right at that time the soldiers were coming running, approaching us.  We were standing there and scared, wondering what was happening.  You know we were preparing to go to school.  I was attending school.  I was schooling at Shumayela at section Q, Umlazi.  At that time when the police approached those who were in front of us, we saw them running, coming back, and we also ran.  We ran to section Z, because now they were shooting, they started shooting.  When we got there we could not - they closed the door.  They closed the gate.  We could not get through the premises.  And when we were looking around we could see the soldiers now.  They were there.  They told us that we should just climb up and come up to them.  There was an open space there like a parking - like a park sort of place.  That's where they told us to go to, and they told us to lie down on our stomachs and sleep, and just lie there.  And there was a lining where you hang your laundry on, and they used that lining and they were hitting us, assaulting us, beating us.  They took us into Malugazi, where we were, and there were police already who were in there.  They were SAP using some vans.  They were also driving one white Sentra.  Those soldiers came and they handed us over to the station commander, and he is still a station commander at Umbilo Police Station.  And they handed us over to two policemen by the name of Naidoo and Reddy.  We went with three other soldiers whom I could not see their names, because they did not have their name tags on.  They took us home.  On the way they were assaulting us still using the guns, the back of the guns, and still that wire that they were using, electric wire.   When we got home there were no people there.  There was no one at home.  The house was just to let.  They kicked the door and they could not find anyone at home.  We went on to Bongani's place, who was mentally disturbed already at that time from the assault.  You know, each time they asked him questions he could not answer, he could not even understand what they were saying.  I had to answer on his behalf.  When we got to his place the house was to let.  There was on one at home.  We went back to where the vehicles were parked, and they told Naidoo, who was the driver driving one of the vans, telling him to get into his van and he will follow us.  He was driving in front of us with other police and other soldiers that he was with.  And they went to the people that we were fighting, that is Inkatha, and the van that we were in followed.  We found them so many, numerous in number, and that place was a playground before, and there was an Indian school just around that place.  And it's still there even now.  When we got there the Inkatha members were there packed.  There were weapons like butcher's knives, and guns as well.  The van drove in and parked there, and there were soldiers that just arrived, who were not there where we were coming from.  You see we were with Mr Nxumalo, who was a constable, a black constable, and Mr Reddy, who was an Indian police, and also Naidoo, who was driving.  We were in this van.

MR LAX: /Mr Haripersad