Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

WITNESS:  Yes, I do.  It was on the 11th on a Friday in 1988.

MR LYSTER: Mrs Nxumalo, I will give your daughter an opportunity in a few minutes to say something, but just tell us what happened after you saw your son.

WITNESS:   The police came to take his body, but before they left they called my husband so that he can accompany them.  They went to a place called Webber, and from Webber they turned and come back.  They went to a place where the special constables resides.  When they arrived at the place they find Inkatha people there and they tried to ask them who killed his boy.  And they started spiting them, saying, "We can smell the blood of a Comrade."  And while my husband was inside the van they pointed some firearm muzzles towards them.  They harassed them and they left.  They took him to a mortuary in Pinetown.  While we were still preparing for his funeral we discovered that Emalangeni Cemetery at Hammarsdale they couldn't allow us to bury him there.  They told us they don't bury Comrades in that place, and therefore we had to go to Clermont.  That's where we buried him.  While we were still there they used to come around and harass us, especially the police, black and white policemen.  That's how it happened.

MR LYSTER: Mrs Nxumalo, was there an inquest or a court case of any sort after you son died?

WITNESS:   We went to the police station to report the matter, but nothing came of it. There was no case, we were told nothing.  Thereafter while I was waiting I received a letter where I was told that I should pay R400,00, which was supposedly going to be paid to an attorney.  They said there was insufficient evidence.  I took the letter to R D Sishi, who was a mayor at that time at Mpumalanga.  When I got to his place he wasn't there.  I left the letter with a certain Majoyi, because at that time Mpumalanga was so violent I could not go back to Mr Sishi.

MR LYSTER: (Inaudible) ... of that letter, or do you have the original letter?

WITNESS:   As I am saying I don't have it.  I left it with that lady at that place, because we even moved from that place and we went to Unit Six.  We are not even at Six now, we are at Elangeni village. And as far as you know there was no court case, you never attended a court case.   ---   There's absolutely nothing that came out of it.  I was never called, there was no case.  I just received that letter that said I must page R400,00 for an attorney.  That was the end of everything.

MR LYSTER: (Inaudible) ... a witness.  She was never called to go to any court, is that right?

WITNESS:   She was not called.  We went to make a statement.  When she came out she came out crying.  She said she was being harassed by the police.  There was a certain sergeant apparently who was harassing her.  She knows the name of the sergeant.

MR LYSTER: (Inaudible) ... Police or the KwaZulu Police?

WITNESS:  It was South African Police.

MR LYSTER: I think it would be appropriate now if your daughter could just tell us what she witnessed, and then after she has given evidence my fellow Commissioners and Committee Members can ask both of you some questions.

NOMUSA NXUMALO: (Sworn, States)

NOMUSA NXUMALO: Nomusa, your mother has told us that on the 11th of November 1988 you were at home or near your house and you witnessed the death of your brother, is that correct?  Can you tell us what happened, and while you are telling us can you briefly tell us what was the situation in Mpumalanga at that time.

WITNESS:   We were sitting at home.  He was preparing to leave for work.  His work starts at seven and it was about half past four in the morning.  He used to wake up at half past four in the morning so that he can get to work early.  And he left at half past four.  After some time, a few minutes after he left the house, we heard some car stopping outside.  When we came out we could see that he was shot, and the people who were in his company were calling his name, saying, "Xebo, Xebo."  The car left and we also went up to see what was happening.  When we arrived he was lying down on his face.  From the back I could see a bullet hole.  I hold him up.  People started arriving and my elder sister came.  We tried to resuscitate him, but he was so weak he couldn't even speak.  Then we carried him, and a van which was a Ford came and we asked them to take him to a clinic.  They took him to a clinic.  He couldn't run because the first bullet hit him on his leg.  The people who shot him were special constables.  We used to call them "bloem."  They used to travel on a Toyota Corolla which was red.  It had ND numberplates.  I don't remember the number.  I don't remember the number, but what I remember is that - if I remember well the car was white, not red.  There were four special constables.  One of them was Stanley Nkehle.  He was driving the car.  They were driving around the place and they were pointing their guns throughout the window.

NOMUSA NXUMALO: (Inaudible) ... see them after they shot your brother?  Did you see them as they drove away, and you were able to recognise one of the people as Nkehle, is that right?

WITNESS:   Yes, I did see him.  I don't know the others, but I am sure about Stanley Nkehle, the driver.

NOMUSA NXUMALO: During that period had the special constables been in Mpumalanga for some time before your brother's death?

WITNESS:   Yes.

NOMUSA NXUMALO: (Inaudible) ... reported this matter to the police.  Was that at the Mpumalanga Police Station or the Hammarsdale Police Station?  Which police station did you report it at, Hammarsdale or Mpumalanga?

WITNESS:   SAP at Webber.  Hammarsdale Police Station.

NOMUSA NXUMALO: What sort of reception did you get there?  How did they deal with you?

WITNESS:   The boers who were there, one of them was van Vuuren, and there were other two boers and one black guy who was wearing private uniform.  They were harsh on me.  They just had no time for me.  They didn't question me properly.  They were just harsh, that's all I can say.  They were not sympathetic.

NOMUSA NXUMALO: (Inaudible) ... you had recognised Stanley Nkehle as one of the people who attacked your brother?

WITNESS:   Yes, I told them.  Then thereafter there were attorneys from the Legal Resources in Durban who came to take a statement from me.  Also The Natal Witness was there.

NOMUSA NXUMALO: (Inaudible) ... mother has said you were never called to any ... (intervention)

WITNESS:   No, we were never called to anything.  Nothing happened.  We just received that letter that said we must pay that money.  We were trying to bring civil action against the State as to why, as policemen, they killed a civilian.

NOMUSA NXUMALO: (Inaudible) ... at the time of his death?

WITNESS:   No, he was not married, but he has two children.

NOMUSA NXUMALO: (Inaudible) ... children now?

WITNESS:   The other one is at Scottsville and the other one is at George Cato Primary School.

NOMUSA NXUMALO: (Inaudible)

WITNESS:   It's my mother.  It's my mother.

NOMUSA NXUMALO: (Inaudible) ... your family?

WITNESS:   That is correct.  He was working.

NOMUSA NXUMALO: (Inaudible) ... ask any of the other members if they wish to ask any questions from you or your mother.

NOMUSA NXUMALO: /MRS GCABASHE

MRS GCABASHE: Let me ask you some few questions.  You talked about a R400,00 which was demanded.  Did you pay the money?

WITNESS:   No, we didn't.

MRS GCABASHE: Did you ever try to consult a lawyer to take some civil actions?

WITNESS:   No, we didn't.

MRS GCABASHE: So it means you didn't know anything about this lawyer?  You didn't try to find a lawyer?

WITNESS:   They were just saying that the Legal Resources people were taking actions on behalf of the family.

MRS GCABASHE: Did they demanded the legal costs of R400,00?