Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

WITNESS:   These Indian police took me.  We arrived firstly at home.  There was nobody at home because all the people had deserted the place.  I found all the dogs they were dead.  It looked as if they had been beaten up and killed.  There was nothing.  My livestock had been looted and everything.  There was nothing and we had to move on.  We went on.  We went to Mbongwe's store.  When we arrived at Mbongwe's store the whole shop had been burned, and we could even see the smoke coming out from the building, and we passed the shop.  When we passed we saw about five gas cylinders.  It looked as if these were the cylinders that were used to burn the building, but we couldn't - we were not clear as to whether the shop was just burned with everything inside, but it looked as if they looted the shop before they burnt it.  In the house there was a trunk which was burning.  I couldn't see better because they were pushing me around, and they took me and went all over the place.  When we arrived there was a group of people holding some spears.  They were coming towards us.  Johan and Jerome also were coming from the shops, and the Indians they sort of run out, all of them were armed.  They get out of the car.  They asked Johan and Jerome, "What's happening?  Are these people coming to fight, or what?"  They said, "No, don't worry, they're just coming to see," because since they were working together the police told them that they shouldn't allow anybody to come in who is not known here.  And then they started to move back, and me and the Indians came back.  They took me back to the cells and time went on.  We didn't know for what we were arrested.

MR DLAMINI: Just wait a minute, Dumisani.  You were not ever charged for anything, and you were not told about what's happening?

WITNESS:   Yes, they didn't tell us anything.  On the 10th February in the morning we were not charged or told anything.  We were called.  The SB from Greytown - these might be the police.  We thought maybe they're going to release us, only to find that no, that's not the case.  The doctor told us that they have to take us back to the police station.  Some other young guys were released so that they can go home.  And then they leave me and Mfana, Newbridge Khanyile.  They told us that they are charging us, and we were so surprised because we sort of like spent such a long time, "Why didn't you charge us?"  What we know is that when someone is arrested within 48 hours the person much be charged and appear before a Court of law, but we stayed for so long and we've never been charged.  What is - and then we asked them what was the case for.  They told us that they find us with unlicensed firearms and home-made guns, and hand grenades and some petrol bombs.  And then we just listened to what they were telling us.  They took us to the court on Monday and we appeared before the Magistrate.  They asked us and asked for bail for R250,00 per person.  I didn't have the R250,00.  The other person tried to get the money and they were released on bail.  And then they have to take me back to prison.  I stayed there not - I didn't finish a week and my elder brother came.  By luck I managed to sort of give them a message to tell them that they must bring me a trouser, and sort of like my brother brought me the trouser so that I can be able to change.  We appeared in court on the 13th, and from the 13th they postponed the case up to the last week of the month.  We used to appear before the Court just continuously, and we were not working.

MR DLAMINI: Can you tell us about exactly on the court date what did the Court say?

WITNESS:   On the court date they withdraw the charges.  I mean when it comes to me.  And then the other two and then they postpone it.  On the same day when we arrived the whole court was surrounded by police, and the Inkatha supporters were all over the ground.  We were not surprised, because sometimes it happens that it happens at the same time.  When they tell me that my case is withdrawn, when I get out of the witness stand they told me that I mustn't move around, and then they tell me - they took me to the other side and they opened a file.  And then they told me that do I remember what happened 30th of June?  I told them I don't remember anything.  They told us that we killed Tom Khonya.

MR DLAMINI: Who is Tom Khonya?  What position did he occupy in the community?

WITNESS:   He was an old man.  I don't know to which organisation he belonged.

MR DLAMINI: According to your knowledge to which organisation does he belong?

WITNESS:   I don't know exactly.

MR DLAMINI: I am trying to find out why they sort of like suspected that you might have killed him.

WITNESS:   It happened like that that the cases happened to be on the same day.  He also happened to come on the same day when one man by the name of Madondo was killed to appear.

MR DLAMINI: When you were charged for murdering Mr Tom Khonya what happened about this case?  Did they take you to court, and what was the sentence?

WITNESS:   Yes, we ended up in court and we were tried.  On the first day the prosecutor we mustn't be given bail because we are dangerous to society, and Advocate Moola tried to ask for bail for us.  They said they wanted R1 200,00 per person.  One of the lawyers firm tried to pay for our bail.  The case continued until it was transferred to the Supreme Court.  In the Supreme Court they said they will take nine days.  It didn't take nine days, it took one and a half days.  The sentence which came out said found us not guilty.  Even if there is something that we did he said the police failed to investigate the case properly, and that's how the case ended.

MR DLAMINI: At the Trust Feed did you have a place or your home to stay, or were you staying - having a place to stay with other people?

WITNESS:   I would say that I had a family, but in a place which was not mine.

MR DLAMINI: Do you still like the place, you would like to go back if things come to order?

WITNESS:   I would like to, but that is not so easy because the place is now deserted and you can't see - and there are some new people who just came in to build their houses over the places.

MR DLAMINI: We would like to thank you very much, Dumisani, and we also heard your concern.  We will also try, like as you asked the Commission, to ask for compensation from the Government, and also to try to help you, assist you in finding you a job, although we know that it's difficult to find a job.  But we will try, as we told you in the beginning that we will take all these requests to the Government.  I wish to take you back to the Chairperson.

MR DLAMINI: /DR MGOJO

KHOZA MGOJO: I would just like to understand some few things.  When you came out of court you were told that you killed Mr Khonya, and also there's the case of killing Mr Madondo.  Is there anything that can link you to Mr Madondo?

WITNESS:   No.

KHOZA MGOJO: This Mr Madondo, was he from the Trust Feed?

WITNESS:  Yes, he was from the Trust Feed.  He was working far away and he just used to come during the weekends.

KHOZA MGOJO: Did he have a family there, or he just used to come?

WITNESS:   No, he had a family.

KHOZA MGOJO: There were two organisations.  There's the other organisation which you belonged to which they didn't like, and there was the other one too.  To which organisation did he belong?

WITNESS:   I didn't know much about him, but his family was on our side, they belonged to our organisation.  He himself was not staying with us.  He used just to come once in a month.

KHOZA MGOJO: You're saying that his family belonged to your organisation.  This Jerome Gabela was involved in the harassment in that place.  Where is he at the moment?  Do you know where he stays?

WITNESS:   The last time I know him staying there.