Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

WITNESS:   I came back home in 1992.  I couldn't go back to school, I had to stay with my mother at home for about a year.  I stayed until September.  In the community there was sort of a conflict between the ANC and the IFP.  The other place is called - there was an ANC place and the Inkatha people were trying to infiltrate our place.  During September at night some people came to attack my home.  I get out and ran away.  I didn't think these were police because I just heard of guns and I started to run away.  When I passed my neighbours they couldn't open for me.  I just ran.  I heard some gunshots.  I ran to my uncle, who is about eight kilometres.

MR LYSTER: When these people arrived at your place, you were asleep, what did they do?

WITNESS:   We were asleep.  It was about half past one in the morning.  It was very dark.  I just heard the noises of guns.  I thought maybe these were attackers from the Inkatha people.

MR LYSTER: Was the door closed?

WITNESS:   Yes, the door was closed.  I just opened the door and ran away.  I just saw something, some dark shades, and then I started to run away.  I couldn't see the people because it was dark.

MR LYSTER: While you were running you said they shot at you.

WITNESS:   Yes, they shoot me from the back.  I ran to my uncle.  I fall into a hole, where like I broke my arm, but I was able to crawl and sort of get into my uncle.  Fortunately there was a car, and then they took me to a place called Newspaper, where they found a kombi which took me to Durban.  When we arrived in Durban ... (intervention)

MR LYSTER: When you arrived in Durban then you were shot in the back and your hand was broken.

WITNESS:   Yes.  When I arrived in Durban it was about dawn.  I started to search for people whom I know.  I went to a place called Dikonia.  I looked for Jenny Irish.  I knew her.  She took me to a doctor at St George's Street.  The doctor called Zothini.

MR LYSTER: Do you know the doctor?

WITNESS:   No, I don't remember his name.  The doctor came to me.  He told me that my mum is late.

MR LYSTER: During the time while you were running what did you have in your possession?  What were you wearing?

WITNESS:   I had nothing in my possession.  I wasn't even dressed.

MR LYSTER: Were you wearing some pyjamas?

WITNESS:   I was just wearing a short pair.

MR LYSTER: You can continue.

WITNESS:   The doctor told me that my mother has died.  They took me to hospital at Addington Hospital

MR LYSTER: Since you left your mum at home what did he tell you what killed your mum?

WITNESS:   They told me that the attackers had killed my mum, and then he wrote me a letter that I can be transferred to Addington Hospital.

MR LYSTER: Well, do you think was your mother ever in conflict with the Inkatha people?

WITNESS:   Never.

MR LYSTER: In your statement you say between 28 and 29 February there was a meeting of the IFP people where your mum was called in to attend.  Can you tell us more about that?

WITNESS:   About the meeting, my mother was called by the leader to attend the meeting so that she can tell me to stop to organise the ANC in that area.

MR LYSTER: Is it true that she was told that there's some people which you bring into the community?  Which people are these?

WITNESS:   They said I am bringing the white people with guns into my home.  There used to be Mary de Haas coming to my place, and Lady Jenny Irish.

MR LYSTER: Just to find out exactly what was happening there, when they arrived to visit you were they coming with arms?

WITNESS:   No.

MR LYSTER: You may continue.  You heard that your mum was killed, and then what happened?

WITNESS:   While I was at Addington they took me to an x-ray just to find out if my bone wasn't broken.  After that the late Nduli had to contact the branch at Mbumbudlovu, and he contacted Mr Harry Gwala.  He tried also to contact the people to tell them that they must go and pick me up and took me to Pietermaritzburg.

MR LYSTER: At your place was your family the first place to be

MR LYSTER: /harassed.

MR LYSTER: harassed, or there were some other families were harassed?

WITNESS:   My family was the second one to be harassed.  In 1991 the Kothos family they killed the parents.  We didn't know who killed them.  Yes, we didn't know.

MR LYSTER: Did they ever investigate, or was there ever an inquest about the death of these people or of your mum?

WITNESS:   Yes, that was done in 1994.

MR LYSTER: At Mshwati?

WITNESS:   At New Hanover.

MR LYSTER: What did they say who were the perpetrators?  Did they find out who they were?

WITNESS:   Yes.  They found out these were the members of the Internal Stability Unit from Durban.

MR LYSTER: Did they find out their names?  Who were they?

WITNESS:  They did find their names, because they appeared before the inquest.

MR LYSTER: It means they are staying around here in Durban.

WITNESS:   Yes, they are staying around here in Durban, because what makes it possible for there to be an inquest is because they are representative.

MR LYSTER: Were they prosecuted?

WITNESS:   What I can say is that I was not impressed by the way the matter was handled during the inquest.  I used to come, and the police used to come too.  They used to sit with the Magistrate and the police who was investigating the case.  One case they had they started with a braai, and then the case have to start at about 3 o'clock, and then they have to postpone it because it was late.  I appeared many times and they were always postponing the inquest.  And later we had to resume and we started.  What I can say about that is I don't believe that the course of law was followed.

MR LYSTER: What did the Attorney-General say about the inquest during that time?

WITNESS:   The Attorney-General refused that the other people must be there.

MR LYSTER: Was there a reason why he said so?

WITNESS:   What I noticed is that he refused that the accused should be there.  I didn't understand why he said they mustn't come.

MR LYSTER: Do you know the name of the Attorney-General?

WITNESS:  Yes, I know him.

MR LYSTER: What's his name?

WITNESS:   His name is Tim McNally.

MR LYSTER: Tim McNally?

WITNESS:   Yes, Tim McNally.

MR LYSTER: All the people who did this, do you know their names?

WITNESS:   Yes, I know their names.  I have just forgotten them.

MR LYSTER: Your children, your father is not there and your mother is not there, are they still - those who are still young who were there who need some help?

WITNESS:   My younger sister before me she is staying with me, she is not working, and the other one it's at school, and there are other three children who were not at home the day we were attacked, they were also staying with my mum, I am also taking care of them at the moment.

MR LYSTER: About your parents, did they have any insurance policy?

WITNESS:   Yes, they had an insurance policy.

MR LYSTER: Have you been paid out of the benefits?

WITNESS:   The company - the insurance company refused to pay because they said my mum was the one who was attacking the police.

MR LYSTER: They refused to pay because they said your mum was attacking the police?

WITNESS:   Yes.

MR LYSTER: Did you find a lawyer to try and help you in this case?

WITNESS:   In the inquest we were represented by Advocate Palmer.

MR LYSTER: Wasn't he able to help you?

WITNESS:   He just represented us at the inquest only.

MR LYSTER: Didn't you find a lawyer to investigate about your mother's insurance policy, and it was said that they couldn't give you the benefits because she attacked the police?

WITNESS:   Yes.

MR LYSTER: Which simply means the other thing which you would like the Commission to investigate for you it's about the insurance policy.

WITNESS:   Yes, that's true.

MR LYSTER: You said that like you were studying B Comm and you had to drop out?  When do you wish to finish your degree?