Human Rights Violation Hearings — Newcastle — 1996-09-10

COMMISSIONER: (Inaudible) ... does give us a very useful background to this area.  I note that you said that the violence in this area only started much later than in many other areas, in 1986, and this is typical of other towns in Natal.  We were in Port Shepstone some weeks ago, and the people there said that before 1988 and 1989 the place was completely peaceful, but that through the manipulation of certain people, politicians, participation of certain members of the police force, in the space of one year a quiet, rural community was turned into a very, very violent community.  And it seems as though a similar pattern happened in Newcastle, that this place knew peace for many, many years, and it was only through certain incidents, and involvement of certain people, that it became an unpeaceful place, and that many people died.
So again thank you very much for sharing your views with us today, and of course you are welcome to be with us today and the other days if you have the time.
I just - are there any questions that any of the other committee members would like to ask?  Mr Lax.

MR LAX: Thank you, Chairperson.  Father Shange, how would you describe the Newcastle area at the moment?  Is it relatively peaceful?

WITNESS:   (Inaudible - speaking English) ... very peaceful, because in that Peace Office in SA Perm Building you will get ... (Changes to Zulu) ... at the office you get the IFP as well as the ANC sitting.  I remember at some stage where they did not have money to buy food I bought them a bunny chow and they ate together, so I believe that there is peace.

MR LAX: Maybe just to wrap what was being said by Commissioner Lyster.  He was thanking Father Shange for the commentary, the report that he gave us about Newcastle as well as the neighbouring areas.  He also pointed out that this situation in Newcastle is quite like the others, especially the small towns that we have been visiting, just like Port Shepstone, that a rural area or a quiet rural area was now turned into a violent area because of certain elements, politicians, and some which were used by the then Government, who were sowing some seeds of hatred amongst the community so that each political group would not see eye to eye with another political group, and then that blood started pouring out because of these altercations and the violence that existed between these political organisations.

MR LAX: Mr Lax also asked a question as to how the situation is in Newcastle presently, and Father Shange also replied that there is relative peace now, especially with the contribution of the Peace Office that brought the political organisations together and made them negotiate and talk and sort out their differences so that they could live peacefully.

COMMISSIONER: Thank you, Father Shange, very much.  We will now call on the second witness to come and give his evidence.

COMMISSIONER: Mrs Msibi, we welcome you here today.  Can you hear me through the earphones?  Can you understand me?

KATE MASIBA: Yes.

COMMISSIONER: Sorry, it's not Msibi, it's Masiba, is that correct?  Mrs Masiba.

KATE MASIBA: Yes.

COMMISSIONER: And you have somebody with you today.  Who is that with you on the stage?

KATE MASIBA: My sister.

COMMISSIONER: Your sister.  We welcome you both here today.  You are presently residing in Inanda in Durban, is that right, or do you live here in Newcastle?

KATE MASIBA: I am living at Inanda in Durban.

COMMISSIONER: I see.  The story that you have come to tell is about the murder of your husband, Mr Justice Masiba, in February 1991 at Durnacol, is that right?

KATE MASIBA: Yes.

COMMISSIONER: Now, before you tell us that story can you please stand to take the oath.

KATE MASIBA: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Mr Lax will help you now with your evidence.

MR LAX: Thank you, Chairperson.  Good morning, Mrs Masiba.

WITNESS:   Good morning.

MR LAX: It's nice to see you here for a change, rather than where we last met.  Are you feeling comfortable and okay?

WITNESS:   Yes.

MR LAX: Now, before we start if I could just confirm with you that you have five children, is that correct?

WITNESS:   That's correct. And their ages are 21 years, 18 years, 16 years, 11 years and seven years.   ---   Yes, that's correct.

MR LAX: Please take your time.  It's all right.  We really do understand.  We know that it's difficult for you to come and talk to us about these things.  Now, just for the record, your husband, Justice Masiba, was born on the 27th of November 1949.  Do you confirm that?

WITNESS:   That's correct.

MR LAX: (Inaudible) ... of his death he was working as a senior clerk at Durnacol Mine in Dannhauser.

WITNESS:   That's correct.

MR LAX: Now, please just take your time.  When you're ready if you could tell us a little bit about what happened, and how it was that your husband came to be killed in the end.