Human Rights Violation Hearings — Newcastle — 1996-09-11

MR DLAMINI: Thank you, Mrs Zulu.  You have also stated in your statement that your son by the time of his death he had been expecting a child.  How old is the child now?

WITNESS:  Two years old.

MR DLAMINI: Who is taking care of the child?

WITNESS:   His mother, because I asked her that I'll support the child but she must stay with the child.  I am the one who is supporting the child.  Even at my work they know.  She comes and do grocery for my child.

MR DLAMINI: After the funeral was there any inquest or anything that was done?

WITNESS:   No, nothing happened.  It was quiet.  It was so quiet, nothing happened.

MR DLAMINI: They didn't call you for any inquest or investigation?

WITNESS:   No.  I went to Madadeni Police Station and I asked who was in charge of the case.  I was talking to Mr Mthethwa, and he said he was going to look for the person who was handling that case, and ... (intervention)

MR DLAMINI: You didn't get hold of the person?

WITNESS:   No, I didn't.  Even now - in 1995 they called me and they said to me I must bring a name and everything because now they are investigating all the cases that they were never taken after.  So I went to the police station and then I gave them a statement.  We went to the court.

MR DLAMINI: Who was responsible for this investigation?

WITNESS:   No, no one gave me any details.  The only thing they told me is that they told me that all the cases who were never investigated they are now taking care of them.  The boys who were there, the Inkatha youths, they denied, they said they were not there on that day.  Another thing what happened in court is that on the last day before the case was finalised the boy said he didn't know anything, and one of them is now dead.  And they found them not guilty.

MR DLAMINI: You mean the Court found those people who were accused not guilty?

WITNESS:   Yes.

MR DLAMINI: Who was responsible for the investigation?

WITNESS:   The detective or the sergeant.  I can't remember his name, but the police was from Newcastle Police Station.  I still do have a case number.  I think it's written on my statement.

MR DLAMINI: Thank you very much, Mrs Zulu.  We also heard that you asked for assistance that someone should help you supporting the child.  There's nothing that we as Commission can do.  What we can do, we'll send all the requests or make the recommendation to the President, and they are the ones who are going to look and see if there's anything that they can do.

COMMISSIONER: (Inaudible) ... for coming and telling us this story.  We have heard so many stories from mothers of children, especially of their sons, who died in the political violence over the years.  And those children, those sons, are victims, and the mothers too who are left behind with the memories are also victims, and we extend our sympathy to you.  It's a difficult thing to lose a child, and we thank you for having the courage to come and talk to us today.

COMMISSIONER: Another story that we've heard so often from people at this Commission all over Natal is about the KwaZulu Police, and how they have consistently supported and sometimes assisted the one side, the IFP.  And you have told us that they saw the people who killed your son and they did nothing about it.  They didn't arrest them, and they went on providing them with support and assistance in going to the rally.  And it is behaviour like this from those police that has helped to create an atmosphere of lawlessness today.  If people see the police failing to do their duty, refusing to arrest people, then people have very different and wrong ideas about what is right and what is wrong, and what is law and what is order, and they have a lot to answer for.  They are responsible for a lot of the current lawlessness today which we see in many of the townships. You mentioned that you did receive support from the South African Police from Newcastle, who provided you with assistance when - before you buried your son, and we do commend them for that.

COMMISSIONER: As Mr Dlamini has said, we will try and find out, we will look at the inquest documents to try and ascertain what went on at that inquest and how it was that the people were found not guilty.  We will also, as Mr Dlamini has said, make recommendations to the Government about support for the children that your son left behind.

COMMISSIONER: So again thank you to you and your daughter.  We are glad that your daughter was able to be here today to assist you and support you, and we thank you both very much for coming in and sharing your story with us.

WITNESS:  I would like to say thank you to the Truth Commission.  At least I have got a chance today to tell someone, because I have been living with this thing.  Now I trust that after this day I'll be better than before.

COMMISSIONER: (Inaudible) ... we do hope that this has helped you to - as I said to the last witness, to come to terms with your son's death, and also to get some idea that perhaps you are progressing closer towards finding out why it was done and who did it.  Thank you very much.

COMMISSIONER: Good morning, Mrs Khumalo, and welcome today.  Thank you for coming in.   Can you hear me properly?

CLARA JABHILE KHUMALO: I can hear you.

COMMISSIONER: (Inaudible) ... Madadeni township, and you have come to tell us about the attack on your house and the burning of your house by members of the IFP in June 1993.  Can you stand please to take the oath before you tell us that story.

CLARA JABHILE KHUMALO: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Thank you very much.  Mr Lax will help you.

MR LAX: Thank you, Chairperson.  Good morning, Mrs Khumalo.  Thanks for coming again.  Before we talk about the difficult times that you experienced in June 1993 can you give us a brief picture of your family, your children, are you married, and so on?

WITNESS:   My maiden surname is Mtshali.  I was married to the Khumalo family.  We separated with my husband in 1980.

MR LAX: (Inaudible) ... do you have?

WITNESS:   I have three children.

MR LAX: (Inaudible) ... ages please.

WITNESS:   The eldest was born in 1960, the following one in 1975 and the last one in 1976.

MR LAX: (Inaudible) ... mention a son, Mdeni.  Which one is he?

WITNESS:   Mdeni is my last-born.

MR LAX: And then you mention another son, Xabangani.

WITNESS:  Xabangani was born in 1975.

MR LAX: Your first-born, what is his or her name?

WITNESS:   It's Mhlonipheni.

MR LAX: Now, this story of yours happened on the 8th of June 1993, is that right?

WITNESS:   That is correct.

MR LAX: And at about 11 o'clock that night you were woken up by disturbances, is that ... (intervention)

WITNESS:   That is correct.

MR LAX: Tell us what happened.

WITNESS:   The Inkatha had been troubling us for quite some time.  They had been attacking my children at school.

MR LAX: Why were Inkatha attacking your children?

WITNESS:   It's because we were ANC members.

MR LAX: Thank you.  Please continue.

WITNESS:   When he was coming back from school in May 19 ... (incomplete)

INTERPRETER: I think the witness is listening to me, so she listens to me and waits for me to finish before she starts talking.  There's something wrong I think with the tuning.

WITNESS:   Yes.

MR LAX: Okay, let's continue.  So you were saying your son - on the 19th of May your son had trouble on the way home from school.