Human Rights Violation Hearings — King William's Town — 1997-05-13

MEYILE MALCOMESO SIWAYI: Good afternoon.  First of all, why do you cheat me?  These people gave me earphones, and now I can hear well.  I am going to take these earphones home.

MS MAYA: Thank you.  This incident that you want to talk about are things that happened to you in Peelton in 1991?  Won't you tell us briefly what happened.

MEYILE MALCOMESO SIWAYI: I hope that what I am going to say is not going to hurt your feelings, because in court they always say I must not divulge everything.
 In 1991 I worked for the Headmen.  We were called into Bisho by the Gqozo regime.  They then called us and asked if we wanted the government.  I said I have a house and I have livestock.

MS MAYA: What boers are they talking about?

MEYILE MALCOMESO SIWAYI: These are the people that killed me, I need documentation, it is in my pocket somewhere.

MS MAYA: Perhaps you can tell us about this stone that you are talking about.

MEYILE MALCOMESO SIWAYI: I am going to tell you now.  So they said that I was destroying these boys, the (indistinct).  The (indistinct) was against the government.
 I said that I need the government, a body in authority that I can report to if there is damage in my home, which is why I supported the government.
 I had to go give a report.  We said in court that it is the Headmen and the government that is known.  The government does not know anything about the (indistinct).  The (indistinct) boys were against the Headmen and as a head they said I must bring my colleagues.
 I said that they are not there.  They said that I must go to the Magistrate immediately to withdraw.  I said I was not alone, I was with other men.  Then we would go on the Monday.

MS MAYA: Who called you to the meeting?

MEYILE MALCOMESO SIWAYI: The (indistinct) boys, they fetched me from home.  They said I must bring my colleagues and friends to go to King William's Town to withdraw the case.  I said that the offices were not open on Saturday, they open on Monday.
 I said that I would go to them on Monday, first thing.  They said I must go immediately.  That is where the dispute started.  Now these boys were attacking me.

MS MAYA: When were you injured and why?

MEYILE MALCOMESO SIWAYI: Because I could not go to King William's Town on the Saturday or alone, I had to go with the people and report it with them on the Monday.  It was clear that they wanted to attack me.
 This is the time people were being necklaced.  The meeting disintegrated.  Some of them spoke up for me, saying that I was not to be necklaced.
 They carried on arguing.  I stood strong and I said that whoever is going to put the tyre on me to burn me, we are going to die together.
 They cursed me, I cursed them back.  I went home and slept the Saturday night.  In the morning at eleven o'clock the next day, nobody was saying anything any more, my house was just being stoned.  My windows broke down, even the doors.
 There was only one way.  I said my children and my wife must hide under the bed.  They said I must go out, I refused and I said you either will not be able to go into my house whilst I am still alive.
 They hit me with bricks, but my Lord was with me.

MS MAYA: You were injured?

MEYILE MALCOMESO SIWAYI: Yes, my ribs were fractured.  I was taken to the Doctor and I slept at the hospital.  I slept at the clinic and then I was taken to Grey hospital.
 I stayed there for three days.

MS MAYA: Was it your ribs that were fractured?

MEYILE MALCOMESO SIWAYI: Yes.

MS MAYA: When you came back from the hospital, how was the state of affairs at home?

MEYILE MALCOMESO SIWAYI: There were a lot of problems.  When I was being beaten that night, I also fought.  Some of them got in.  They thought that they were going to kill me.  They had left paraffin and petrol behind.  You cannot just put a person alight, even if I come to you now and set a match alight, you will not burn, you need paraffin.
 They tried to set me alight, until their match sticks were finished.  They said that they must go and get some petrol to burn me to death.  Some of them were left behind and the others went and tried to get paraffin.
 The other said they could not be left with me, they were too scared.  I walked around the house, I said to my family they must run away.  I left in pyjamas and went to the police to report the matter.
 The police kept me until twelve o'clock the next day.

MS MAYA: Was there any damage at home?

MEYILE MALCOMESO SIWAYI: Listen, my house was already damaged.  When I came back, the (indistinct) boys were there looking at me.  My children ran towards me, saying I must not come.  The (indistinct) boys were waiting for me.  I said I am going home, there is nothing they can do to me.
 I went home.  They came towards me and I was determined to fight.  I went to the Headman's house and that house was set alight.
 Then I thought this is true, they are going to kill me.  I ran away and I would fall, but get up and run.  I ran about 20 metres and I fell down.
 They did not come to me, but they burnt my house down.  I was still in pyjamas.  They left me.  They went and burn down my elder brother's house.

MS MAYA: You were still in pyjamas?

MEYILE MALCOMESO SIWAYI: Yes, I did not have any chance to change.  My family also ran in night wear.

MS MAYA: When you were being attacked at night, were there people that you saw?

MEYILE MALCOMESO SIWAYI: It was full and people did not want me to go to them, I was all alone.  Nobody wanted me with my pyjamas.
 We were given a place in Donqaba by the police in another village.  I did not want to stay with the police, I built myself a place in Donqaba.
 This is what I am about here.  My house was burnt down.  I have listed these boys.    It is Tabata who reduced the list, it was the whole village.  What I am complaining about, is that they killed me, even the Magistrate acquitted them even though 26 of my goats are lost and my house was destroyed.   Therefore this list ...

MS MAYA: Is it the people that attacked you?

MEYILE MALCOMESO SIWAYI: Yes.

MS MAYA: And there was a court case and they were acquitted?

MEYILE MALCOMESO SIWAYI: No, there was no court case, the case was kept on being postponed and then it was withdrawn.

MS MAYA: Which court was this?

MEYILE MALCOMESO SIWAYI: In Zwelitsha.

MS MAYA: At the Magistrate's court?

MEYILE MALCOMESO SIWAYI: Yes.

MS MAYA: Do you remember the Magistrate?

MEYILE MALCOMESO SIWAYI: It was Richard, the White man.

MS MAYA: Thank you.  What requests do you have before the Commission?

MEYILE MALCOMESO SIWAYI: This is my request.  Apparently they said that there should be reconciliation, I quite like that idea.
 But there should be compensation.  My heart is bleeding.  The law says that a man cannot revenge, I have not revenged, because I respect the government.  I have the right to go into each of their houses, and beat them up.
 But I respect the government.  Even where I live now, it is difficult.  The people don't want me there, they are chasing me away.

MS MAYA: Did you give up your house?

MEYILE MALCOMESO SIWAYI: Yes, I did.  I did not want to go back to Peelton.

MS MAYA: Do you know what the status quo is in Peelton, would you perhaps be able to go back?

MEYILE MALCOMESO SIWAYI: I can't go to Peelton now, I built another house.  Do you think I should go back to my enemies?

MS MAYA: Your requests sir?

MEYILE MALCOMESO SIWAYI: If the government can, the perpetrators  must be arrested.  If they can't arrest them, but the government must do something for me, I had a huge home and I could not save anything.
 They took my livestock, sold it.  If they sold it or ate it.  The policemen that were there at the time, the police did not try to investigate the matter enough.
 It is the people that went to King William's Town, toyi-toying that gave us all the trouble.  They came and burnt out houses down.

MS MAYA: Thank you sir.