Human Rights Violation Hearings — East London — 1997-06-09

MRS NGWENYA: In 1983, I was a student at Nowawe in Berlin.  I used the half past six train to go to school.  On the 4th of August I was getting ready to go to school.  While I was going to the kitchen I heard gunshots and I fell down as a result of the gunshots.  I don't know who did this.  I tried to ask for help.  I went to the toilet where I lost consciousness.  I think people found me there and took me to Cecilia Makiwane Hospital where I spent a week.  I had been shot in my shoulders as well as my arm and I had a cut in my ear.   I was treated in hospital and discharged after that.  I was not feeling well and in 1984 I went back to Cecilia Makiwane Hospital where they operated on me.  They found another bullet which was left behind after 1983.
 In 1984 I received a letter saying that I have to pay a certain amount of money for the costs of the court.  I went to Mr Siwisa because I needed help and told him that I was the one who was shot but I had to pay money.  Siwisa said I have to pay this amount of money because I didn't appear in court and the people who were supposed to represent us, didn't.  I paid the money.  
 In 1987 I went back to Mr Siwisa because I wanted to go back to school.   I had to pay Fifteen Rand per week during that period.  I asked Mr Siwisa to help me to go back to school and after I completed my schooling I would pay this money back.  He wrote letters asking for permission for me to go back to school.  After three years, I was working for the DEC when I received a letter saying that I had to pay the balance of this money.  I then went back to Mr Siwisa and requested him to write a letter to these people to inform them that I can only pay Fifty Rand per month.  In 1993 I finished paying this money.

MS MAYA: How much money was this, Lindiswa?

MRS NGWENYA: It was Eight Hundred and Twenty Rand at the beginning but it increased because of interest and it was over Two Thousand Rand.  I do have a salary advice with me showing that they were deducting Fifty Rand from my salary.

MS MAYA: Did you stay away from school for three years because of this injury?

MRS NGWENYA: Yes, and I requested these people to wait until I had completed my studies.  When I started working I received another letter saying that I have to pay the balance.

MS MAYA: Your attorneys Mr Siwisa, did they explain to you why you have to pay this money?

MRS NGWENYA: He said that these were the costs of the court.  If you didn't appear in court you would receive certain letters, warrants, because he was arrested at that time and didn't appear in court so I was the one who was supposed to pay this money.

MS MAYA: Let us now go back.  How old were you at the time of this incident?

MRS NGWENYA: I was born on the 26th of November 1962.  I'm thirty four years old now.  I'm thirty five years old now.

MS MAYA: Did you manager to complete your studies after this break?

MRS NGWENYA: Yes, I did because Mr Siwisa was trying to help me while I was still at school.  I then managed to complete my studies.

MS MAYA: Did you see the people who shot you or were you inside the house and they were outside?

MRS NGWENYA: I was inside the house, in the kitchen.  I heard a gunshot and that's when I was shot.

MS MAYA: Is that all you wanted to say or do you have something else to add?  What are your requests to the Commission?

MRS NGWENYA: My request to the Commission is, because I was the one who was injured and the one who got shot, I would like to get my money back.  The money that I paid.

MS MAYA: As you had bullets in your shoulders, how do you feel now?

MRS NGWENYA: There are certain days when I feel pain in my arm.  When I went to the clinic they told me that I had arthritis.

MS MAYA: Would you like some more medical treatment?

MRS NGWENYA: Yes, because I still go to the clinic to get treatment for my arthritis.

MS MAYA: Is that all you wanted to say Ma'am?

MRS NGWENYA: Yes, that is all.

MS MAYA: Thank you.  I will now hand over to the Chairperson.  There might be questions from my colleagues for you to explain certain issues.  Thank you.

BONGANI FINCA: Mr Sandi?

MR SANDI: Thank you, Mr Chairperson.  My first question is to Lindiswa.  You were shot while you were inside the house?

MRS NGWENYA: Yes that is correct.

MR SANDI: During this conflict in Mdantsane, when people were shot by the police, was it a normal or unusual thing that a person would be shot inside the house?

MRS NGWENYA: No, it was not normal.  It happened to me.

MR SANDI: Don't you find it strange that while you were shot inside the house and you had to pay the Government because you were shot?

MRS NGWENYA: Yes, this is strange to me.

MS MAYA: This is very strange to you?

MRS NGWENYA: Yes, it is very strange to me Sir.

MR SANDI: Thank you.  I have another question for Mr Mose.  Mr Mose, accept for the man you mentioned, the one who said that he saw your brother in exile, is there anyone else who saw him in exile.

MR MOSE: No, it's only Cindele who came from exile and he saw my brother.  It was only Cindele.

MR SANDI: There are no other young men who left the country at the time that your brother left the country, who came back?

MR MOSE: On the day of his disappearance, we didn't know where he was.  We just heard that he was in Lusaka.  He left home alone while we were sleeping.

MR SANDI: Are there any people who belonged to the same organization who left during this same period?

MR MOSE: No, I don't know but as Cindele explained to us, he left after my brother but he managed to see him in exile in Angola.

MR SANDI: Where is Cindele now?

MR MOSE: He is working in Bisho.

MR SANDI: Thank you.  Thank you Mr Chairperson.

BONGANI FINCA: Mrs Frances Njoli and Lindiswa Ngwenya, I would like to thank you when I thank all the people who were affected by the bus boycott but the case of Luyanda Eric Mose is different from your cases.  It's concerning a person who disappeared in exile.  I would like to thank you for coming forward with your story and I would to assure you that when the ANC appeared before the Commission for the second time...  Are you listening?

UNKNOWN: Yes, we are listening.

BONGANI FINCA: Mr Mose, are you listening?

MR MOSE: Yes.

BONGANI FINCA: I'm saying that you made a request for us to investigate the disappearance of Luyanda.  He disappeared in exile, in the hands of the ANC.  I was saying that when the ANC appeared before the Commission for the second time to answer questions, it gave out a document which consisted of people's names who were injured in the camps in exile.  I'm not sure whether Mr Mose's name is there because all the documents are in Cape Town.  Even if the name is there or not, the ANC assured us that they would try to help us as a Commission together with the people who's relatives disappeared in exile.  Whether they were killed by the enemy, whether they were killed by their own Comrades, whether they were killed in the camps or whichever way they were killed, the ANC said they would help us to try and answer questions of parents like you because it is very painful that your child went into exile trying to fight for the liberation and when others returned, yours doesn't and there's no explanation as to what happened to him in exile, whether he was killed or not.  We would like the truth to be known and we will be in contact with you.  We will try to investigate and if we can we will come up with an answer and we'll inform you of our findings from the ANC organization.
 I thank you alone because although your case was at the same time as the bus boycott, it deals is about a person who disappeared in exile.  Thank you.  Our Logistics Officer had an announcement.  Where is he?  All the people who are here who came to make statements ...  We will take a lunch break and we'll come back at two o'clock.