Human Rights Violation Hearings — Nelspruit — 1996-09-04

CHAIRPERSON: Mamma Lubisi, can you hear me?

HLABASANE MARGARET LUBISI: Yes, I can hear you.

CHAIRPERSON: Before I ask you to tell your story, I am going to ask Mr Lewin to ask you to take the oath, please.

MR LEWIN: Mamma Lubisi, if you could please stand.

HLABASANE MARGARET LUBISI: (sworn states).

CHAIRPERSON: Mamma, please make yourself comfortable.  We would like to welcome you to the Commission. I am going to help you with your story.  Will you please in your own words tell the Commission about what happened to your son.  Mamma, could you just hold on while we check.  Nothing is coming through - is it okay now?  Thank you.  Mamma, will you talk more loudly so that everybody can hear you, please.

HLABASANE MARGARET LUBISI: 1990, July they shot my son at Matsolo. He was from the shop, from Mayola Shop.  When he was shot he never died instantly.  Some people ran to call Dr Mabusa and he was then removed to Ungondini Hospital.  He was shot on the 27th of that month. On the 28th he died.  I was working during that time. As I was going around, searching for him I could not find him. Then I heard by rumour that someone has been shot and he is unknown. Then we went to Dr Mabuso to check.  The person working there said no, they are alive and is promising that well, those that have been shot, are alive. Then they told another person who was accompanying me that they should not inform me. He did not tell me.  Then we
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went back home. As I was entering my house and then I said to my mother well, my son is alive, it is promising. As I was walking out of my house then the person who was accompanying me told my mother that well, the boy has passed away. Then they said I should not inform him because otherwise I could not be able to take him.
 The following day we went out together with Conrad Moyi. On our way we requested a vehicle from Mr Mayole who went to Ungondini Hospital. On our arrival there we had to ask.  Then they said to us we should wait for one moment.  Then from there we were given a nurse who led us to the mortuary.  They opened there and then he was found there. He was found inside in the mortuary.  I only looked once and I could not, and I fell there.  From there I sat outside and from there they said to us now that he has been found, go back home, we will remove him and take him to Nelspruit mortuary. They need to do post-mortem on him on Wednesday. Then we went back home.
 When we were at home the following day, on Wednesday, we went to the police station.  I was together with my sister who is also present here. They took us to Nelspruit. On our arrival there at Nelspruit we waited at the mortuary. As we were sitting there they called us.  They said to us the one who is brave should come in.  Then we said well, we can come in.  As we entered the mortuary and they were just pulling him from - I looked at once and I fainted there. They took me out.  From there then the funeral was then over.  Then I wanted to find out, those people actually who shot him, should come and see me. No, they don't come. 
 Up to now nothing has happened. Now up to now
nothing has happened. Now all the time if this boy was born 
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in 1973, June.  Then I heard there will be a Truth Commission which could perhaps assist.  Then they gave me the direction.
 So this is the reason - then I went to give my statement to the people.

CHAIRPERSON: Thank you, Mamma. Just to make certain in our minds that we have your story properly I am going to ask you a few questions.  Could you tell me, at the time when your son was shot, what was happening in the township?

HLABASANE MARGARET LUBISI: The time when they shot my son it was during the riot times and but he was not part of the people actually moving up and down. He was from the shop.

CHAIRPERSON: So he had innocently gone to the shop and got shot in the cross-fire?

HLABASANE MARGARET LUBISI: As he was moving out from the shop, he met a group of young people running and then they shot at him.

CHAIRPERSON: Who actually shot him, Mamma?

HLABASANE MARGARET LUBISI: I am not sure actually, I think the sergeant, the sergeant at the police station at Matzulu could know better.

CHAIRPERSON: How many days after he was shot did you finally find him?

HLABASANE MARGARET LUBISI: We found him after five days, as we were going around searching for him.

CHAIRPERSON: After he was buried did you go and see any attorney to help you?

HLABASANE MARGARET LUBISI: No, I didn't.

CHAIRPERSON: Did anybody else in the community not help you to find out what had happened to him and why he was shot?

HLABASANE MARGARET LUBISI: No, no one.

CHAIRPERSON: So to this day you have never been able to
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find out why he was shot?

HLABASANE MARGARET LUBISI: Yes, up to now I don't know the reasons.

CHAIRPERSON: Thank you, Mamma. I am going to ask the other commissioners if they want to ask you any questions.

MS MKHIZE: We know very well that in most cases parents did not know anything why some youth were gathering, more especially during those times when they were activists. As far as we know ...

MS MKHIZE: Was he involved in any activities? Political activities?  Was he actually involved in any political activities?  There is something which I would like to get some clarity on.  The time when you saw him at the mortuary and you saw his eyes widely opened ...

HLABASANE MARGARET LUBISI: No, he was already dead, but his eyes were still opened.

MS MKHIZE: I thank you.

CHAIRPERSON: Thank you. Mr Malan?

MR MALAN: No questions.

CHAIRPERSON: Mr Lewin?

MR LEWIN: Just one qusetion I would like to confirm, the date, it was July 1990?

HLABASANE MARGARET LUBISI: Yes, it was July 1990.

MR LEWIN: And the ANC was not banned at that time, it had already been unbanned. Is that the case?

HLABASANE MARGARET LUBISI: I don't get the question clear?

MR LEWIN: I just want to confirm that the march by the ANC youths was not illegal by July 1990.

HLABASANE MARGARET LUBISI: It is obvious that they were not allowed at that time then.

CHAIRPERSON: Thank you very much, Mamma.  Yours is a very
sad story and one of the unfortunate things that we have 
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heard in our work as the Commission is how many young people have been killed in the time of violence in our country.  The sacrifice that they have made to ensure that we are where we are now has been a big one. We thank you for sharing your story with us and we will try and investigate to try and find out what actually happened.  Thank you for coming.  Thank you, Mamma.