Human Rights Violation Hearings — Durban — 1996-08-29

DR MAGWAZA: Thank you very much, Mr Mthembu.  We have heard your story.  You have touched something about your wife, that your wife was also affected from this.  I would like to know if your wife was attended by psychologists or doctors since she was affected in this?

WITNESS:   Yes, she went to King Edward Hospital.  It was at night she went to King Edward and she got treatment, and when she went to the specialist they said something like the eardrum blast.  Yes, that's what she said, that her eardrum punctured.

DR MAGWAZA: Where did she go for this help?

WITNESS:   When she was running away she was crawling.  You see, her story is also pathetic.  She said it was raining, pouring, and she was crawling all the way - all the way to one of our friends, neighbour in the neighbourhood, but I cannot mention her name, and she is also here, the very neighbour that my wife crawled to.  Because we don't know these marauders if they are here, some of them, or what.  But I just think that she is also here.  That's where she went, and the neighbour enlisted some help.  She knocked at the door and she was on her knees.  The lady of the house was not there, but the husband was there, and the husband said, "You drunkard, what do you want here?" and he suddenly said, "No, but I think you are clean.  Oh, by the way it's you."  Then he recognised her and opened the door.  Fortunately my son was there, because he had already heard that the house was attacked.  They tried all they could to get the ambulance to take my wife, and from my wife the ambulance came to me and took me.  We went together to the hospital in the same ambulance.  But the truth is she was affected from this, and the sister in charge at the hospital was so troublesome to my wife.  And that sister is our neighbour at Clermont, and she took an early retirement, that sister who was so troublesome to my wife, waking her up and telling her, "You go and wash the bathroom," and giving her such ill-treatment.  Nevertheless we prayed to God that God should let this pass.

DR RANDERA: You've mentioned this Mr Jamile several times in your story.  Just for the sake of completion can we please have his full name?

WITNESS:   It's Samuel Bhekisizwe Jamile.

DR RANDERA: You've also mentioned ... (inaudible) ... connected to your shooting?

WITNESS:   No.  I was trying to give you the background of something that took place.  These people were killing people, and it took so long for them to be discovered, as even in Clermont this went on. Children died in Clermont.  Assaulted, children were assaulted.  Some died in Clermont, and the police hid this, hid all these evil deeds.  I don't even think anyone was accused of this.  They were shot.  And the perpetrators were known, using the kombi and grabbing the children and do all sorts of things to them.  Now I was trying to give the picture that even so and so will be known, because even the Indian, Beleni, who was in town, was discovered as well.

DR RANDERA: My third question is you said earlier on that you are a man of peace, and that you belong to a business group in Clermont.  Did you belong to any political party?

WITNESS:   Yes.  When Inkatha was formed I was recruited by my neighbour, and told me all the beautiful good things about Inkatha, telling me that Inkatha was trying to imitate the ANC, fighting for the rights of the blacks.  That sounded so good and wonderful I felt maybe I should join Inkatha, and thus I joined.  Many people were afraid, did not want to join any of the political organisations, especially Inkatha, but when we heard that they were - IFP and ANC were having some altercations and so forth then I started doubting IFP, and the UDF was formed, but I never thought and I did not want to be the member of UDF.  I just decided I should withdraw from all these political organisations and just be myself and live my life.  When the ANC was unbanned I joined ANC.  I am just a member of ANC, not to say I am probably active or something.

DR RANDERA: You said earlier on that your wife had asked you many a time what the motive was behind the shooting of your and your wife.  I mean it's now eight years since it happened.  Perhaps you can just tell us again, as briefly as possible, why you think this happened.

WITNESS:   I don't know really, but what I could say is that since Clermont was against the fact that we shall be under the KwaZulu Government, so there were those understanding and conflicts.  I think all the people who belonged to my group were harassed severely, because there was a time where at Clermont we formed a group and we had these two-way radios, that when there was something you suspected you should get in touch with your other friends, so that we could have this network and be able to overcome what they were trying to do.  When all this transpired, and after that, after all this transpired the situation got back to normal.  I was - and we were against those who wanted Clermont to be under the KwaZulu Government.

COMMISSIONER: We have heard several witnesses from Clermont - not at this hearing, but at the previous hearings, who told about the shootings and killings in that township in 1988, and all of the people that we heard evidence from were opponents, as you have said, of the incorporation of Clermont into the KwaZulu homeland.  And, as you know, that campaign to have Clermont incorporated into KwaZulu was run by the then Deputy Minister of the KwaZulu Government, Samuel Jamile.  He attacked and killed some of his political opponents, and he was sentenced to life imprisonment for those murders, and he was pardoned and released after serving less than three years of his sentence.  It's terrible to hear how ordinary, law-abiding, peace-loving people like yourself and your wife were shot at like animals, and had their house burned down and lost all their possession, and we hope that those days have passed now in Clermont, although it's clear that in many other parts of KwaZulu-Natal those days have not passed.  We hear your request, and we will certainly do everything that we can to find out why this happened to you, who ordered it, and we will - if at all possible we will subpoena the people that we think are responsible so that they can tell you and others why they did it and who sent them to do it.  So we thank you very much for coming in today and telling us your story.  Thank you.

COMMISSIONER: Mrs Mthembu, we greet you and welcome you here today.  You have come also from Chesterville, like many other witnesses this morning, three other witnesses this morning, and you have come to tell us about the murder of your son, Joseph Russell Mthembu in 1986.  Before you tell us that story can you stand and take the oath please.  Russell Mthembu was you son, thank you.  Not Joseph - Russell.  Thank you.  Can you stand, Mrs Mthembu, and take the oath.

A MTHEMBU: (Sworn, States)   (Through Interpreter)

COMMISSIONER: (Inaudible) ... now help you in leading your evidence.

DR RANDERA: Mrs Mthembu, good afternoon.  Will you introduce the young man who is with you?

WITNESS:   It's my youngest son.

DR RANDERA: Welcome.  I see, Mrs Memela is also on the stage.  I welcome her as well.  Mrs Mthembu, you're going to tell us about Russell Mthembu, who was 20 years old I understand at the time when he was killed.   I want you to just take your time and tell us the story.  I will interrupt from time to time if it's necessary, but this is your time, so make what you want of it.  Thank you.