Human Rights Violation Hearings — East London — 1996-04-16

MRS MHLAWULI: Yes I'm prepared.  He said, "My daughter, they've killed my son 
bloodily", you know I felt very sorry, I was heartbroken. I went back home, that's the 
whole story.
 My father has never been the same since then.  My mother who was ill at the time, 
became a real cripple because she had a stroke.  My father was talking alone, saying, "The 
Boers killed my son, you Boers killed my son, my real right-hand". My father and mother 
were both on pension and many times would be up and down.  My father was never a 
healthy person since then. 
 The second inquest was not yet over when he passed away. My mum also died.  
Sicelo's brother was very touched by this thing. I asked him why he had lost so much 
weight, he said, "Nolita, this has weakened me, it's because every time I would see Sicelo, 
this is haunting me". He also passed away.  You know it was death in our family, one after 
the other.  We are now left alone. Now after this second inquest, there were no more 
elderly people, only youngsters.

MR SMITH: Now I just want to ask you before you go 
on, are you aware of what the post mortem results were about the cause of death of your 
husband?

MRS MHLAWULI: I read the post mortem documents.  Reading them I was really 
worried, because it has to explain in detail what happened.  I read through and came to 
understand that he had many wounds, in the upper abdomen were five wounds, these 
wounds indicated that different weapons were used to stab him or a group of people 
stabbed him.
 Now in the lower part he also had wounds but the wounds EAST LONDON  
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EASTERN CAPE: 30

MHLAWULI: in total were 43.  One other thing that we understood, they poured acid on his face, after 
that they chopped off his right hand, just below the wrist, I don't know what they did with 
that hand.

MR SMITH: There was an inquest, the first inquest that I'm referring to, where there was 
no finding about the perpetrators that were responsible for the death of your husband.  Do 
you recall that?

MRS MHLAWULI: Yes.

MR SMITH: You also recall that there was a subsequent inquest, where in fact I referred 
to as Mrs Calata and Mrs Mkhonto gave evidence, we have already covered that a finding 
was made by the court to the effect that the security forces were responsible.  You also 
obviously know about that.

MRS MHLAWULI: Yes I do.

MR SMITH: I'm now going to ask you, the inquest court made certain  general findings 
about your husband, would you want the Commission to use its powers to investigate 
further to be able to identify the person or the persons who are responsible?  In other 
words would you like to know who were responsible for the death of your husband?

MRS MHLAWULI: I'd gladly love to know the murderers of my husband and they 
should also come to the fore and tell their story and the reason why they committed such 
brutal actions, and I think, in order to be able to achieve, what we are all hoping for, 
justice should prevail, the law should take its course.

MR SMITH: Is there anything else that you want to request the Commission to do for 
you? You're also involved in that court case which the other two have referred to, the 
action EAST LONDON  HEARING TRC/

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MHLAWULI: for damages?

MRS MHLAWULI: Yes I am.

MR SMITH: So I suppose that you'd also request the Commission to use its offices to 
expedite the settlement in that regard.

MRS MHLAWULI: Definitely, yes.

MR SMITH: Is there anything else that you want this Commission to do for you?

MRS MHLAWULI: If perhaps the Commission can also take care the education of our 
children, because we are here for them and they are also there for us, you know, I think 
their future's quite important, so that they can lead a bright future.

MR SMITH: Thank you, you did well.  That concludes my 
questioning of this witness.

CHAIRPERSON: Thank you very much Mr Smith. Any questions?

PANEL MEMBER: Yesterday I asked a question and it is the same question that I'm 
going to ask now. I was asking about this man whose wrist was mutilated, and also where 
Webber was also injured during the Highgate issue.  If these perpetrators can explain and 
give an account and what would you do if they would request amnesty after the 
Commission has cross-questioned them, and then if the Commission realises that they 
have expressed their views and also giving their explanation for committing these 
brutalities.
And what if the Commission is satisfied that this explanation is satisfactory and it decides 
to offer amnesty, what do you say about this?

MRS MHLAWULI: The fact that they should be excused?  I'm still moved, and I do not 
want to lie, because my family have suffered extremely from this.  My children were 
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MHLAWULI: extremely affected. We have been miserable for quite a long time and it was difficult to 
guide my child alone as a woman without the support of my husband, especially during 
this period when the child is an adolescent.  Even if I say these people should be given 
amnesty, it wont return my husband, but that hand, we still want it.  We know we have 
buried them, but really to have the hand which is said to be in a bottle in Port Elizabeth, 
we would like to get the hand.  Thank you.

SECOND PANEL MEMBER: Mrs Mhlawuli, you have given an account of what has 
happened to your husband, this was terrible, and it is the way in which your husband, Mr 
Goniwa and his friends were brutally exposed to torture, and I was very moved by what I 
heard from you. All these gentlemen were known to me and this moved me and I am very 
affected by what has happened to them. The speaker in Parliament, we were moving 
together, going visiting with the speaker there. If I can just ask two questions, where did 
you obtain the account which I was given, is there any information which you obtained 
from the fisherman. Is there any other indication that you can know who the fisherman 
was.

MRS MHLAWULI: No cannot give full information of his name, maybe my friends 
would remind me who he was.

ONE OF THE ACCOMPANYING WITNESSES: We are not too sure but according 
to the documents of the inquest which has recently been held, because it was confirmed 
that the bodies were found by this fisherman.

CHAIRPERSON: Is there any problem?

WITNESS: We don't have a problem. Even if we don't know the name of the fisherman. 
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SECOND PANEL MEMBER: Can I ask another question?  When you were given details 
about what happened, you said your brother who is available, who is present now, when 
they went to go and search for your husband, the policemen who came arrested him.

MRS MHLAWULI: Yes that is true.

SECOND PANEL MEMBER: Did they explain why they were arresting him, or is 
there any policeman who was there at the time and arrested him?

MRS MHLAWULI: I don't know whether there was somebody who knew about him.  
They didn't even explain at the time because they just grabbed you and pushed you into 
the van 
and no explanation was given.

SECOND PANEL MEMBER: Thank you very much.

MR SMITH: If I may just before you allow the witnesses to step down, Mrs Mhlawuli's 
daughter, Bawuli Mhlawuli, has made a request, that she wants to make a short brief 
statement to the inquest, so I please ask you to allow her the opportunity to do so.  Thank 
you.
 Can I ask for the witness to be sworn or does the Chairperson think that it's not 
necessary?

DR BORAINE: Good afternoon it's nice to see you again and I'm glad you got this 
opportunity. I have to ask you to take the oath.

MS MHLAWULI: (sworn states)

DR BORAINE: It's not very easy, we have listened to harrowing stories, including the 
story of your father, but I hope you'll feel very relaxed and that you'll tell us what is in 
your heart.  Thank you.