Human Rights Violation Hearings — Empangeni — 1996-11-04

WITNESS:   Since 1992 the police used to frequent my place and they would threaten us with guns, up to such time that I had a very vivid memory of that day on which my husband died and I decided to buy a house in Ngwelezana.  We escaped to Ngwelezana, but because the damage that was done to the house was never repaired so when I look at it, it always reminds me of the day on which my husband was killed and I cannot sleep, especially at the time that my husband died.  Each time about half past four I woke up screaming and feeling very scared, as if I was reliving the day on which my husband died and I suffer from insomnia and I get panic attacks and get very scared.

PROF MAGWAZA:  Is there any help that you are getting with regard to your health?  Are you getting any help?

WITNESS:   No, I'm not.

PROF MAGWAZA:  What about the children?  Are they getting any psychiatric help?

WITNESS:   The eldest one is the one who is problematic, because he always talks about his father.  Whenever there is a problem in the house, he would say, "If my father was here, this wouldn't be happening" or, "If my father was here, I would be getting this or that".

PROF MAGWAZA: We can hear your requests and we do understand, but at the moment we can see that you are still very traumatised.  We shall try to get you to see people from the Health Department, so that they can see as to how they can help a person in your position.  We thank you very much.

CHAIRPERSON: Mrs Mthethwa, thank you very much for coming in today, for reliving that story.  It's a very sad story and we know from evidence which was given at the trial of this person that killed your husband that it was exactly as you said it, that on the way to - I'm not sure whether they were going to the hospital - in fact, I think they  were going to the police station - the vehicle stopped and your husband was taken out of the vehicle and he was shot and it was that crime for which this person, Steyn, was convicted and sent to prison.  The fact that he was sent to prison must be of some comfort to you, but it can never bring your husband back and we hope that coming here and talking about it in public and expressing your emotions does help you a little bit.  As Dr Magwaza has said, we will make recommendations to the Government as to how you and your family may be assisted, and we hope that you have found this to be a beneficial experience, coming here, tell us about your husband's death.

WITNESS:   I have a question.  I just want to speak to the person who killed my husband.  I have no grudge against him.

CHAIRPERSON: Yes, we understand that.  It may be possible for that to be arranged.  We have a programme which is run by the Reparation and Rehabilitation Committee by Dr Mgojo and Dr Magwaza, which is a victim-perpetrator mediation programme and the purpose of that is to bring together the people who carried out these terrible violations, together with the victims of the violations and if that is something that you want to do we will try and arrange that for you.  Thank you again very, very much, Mrs Mthethwa, for coming in.

CHAIRPERSON: /CHAIRMAN

CHAIRPERSON: 6A/0

CHAIRPERSON: Good afternoon, Mrs Nyawo.  Can you hear me and understand me?

NOMTHANDIZO NYAWO: Yes.

CHAIRPERSON: Thank you.  We welcome you here this afternoon.  You've come to us from Richards Bay and you've come to tell us about the death of your sons, Dumisweni and Bhekinkosi Shangase.  Can you please stand to take the oath before you tell us that story.

NOMTHANDIZO NYAWO: (Sworn states) (Through Interpreter)

CHAIRPERSON: Thank you very much.  Dr Mgojo will now assist you.

KHOZA MGOJO: Good afternoon.  Who are you sitting there with?

WITNESS:   It's my son.

KHOZA MGOJO:  Is he also going to give testimony?

WITNESS:   Yes.

KHOZA MGOJO: We shall request him to stand up, so that he can take the oath.

MOSES DUMISANI NYAWYO: (Sworn states) (Through Interpreter)

KHOZA MGOJO: Thank you very much, Mrs Nyawo.  I'm going to ask you to just give us a brief structural history of your family.  That is from your son-in-law.  We are aware that he also died.  Then we come to your offspring.  How many were there and how many are there now?  How old are they, if you do remember, but if you don't remember your son will help you.  You have both taken the oath so he can help wherever you cannot recall.

WITNESS:   My husband is still alive.  I do have children.  I have four boys and two girls.  That is the children that I'm left with at the moment.

KHOZA MGOJO:  You have four boys and two girls?

WITNESS:   That is correct. Which means before you had eight children.   ---   No, I had seven all in all.

KHOZA MGOJO:  Who is Dumisweni?

WITNESS:   He is the one is deceased.  Bhekinkosi is my brother.

KHOZA MGOJO:  Your brother's child?

WITNESS:   Yes, he is my brother's child.

KHOZA MGOJO:  Which means you had seven children, that is before your son died?

WITNESS:   Yes.

KHOZA MGOJO:  And is your husband employed or not?

WITNESS:   He is no longer employed.  He stays at home.

KHOZA MGOJO:  Was he working before?

WITNESS:   Yes, he was.  He was working at Richards Bay.

KHOZA MGOJO:  Is he on pension now.

WITNESS:   He was at Richards Bay.

KHOZA MGOJO:  Did he get pension or did he just stop?

WITNESS:   Yes, he receives pension.  He was supposed to be getting his pension, but he's not getting it and we don't know the reason why.

KHOZA MGOJO:  Amongst the four children that you have, there's four boys and one girl is married.  Just give us their names according to their ages.

WITNESS:   It's Mdumiseni.

KHOZA MGOJO:  How old is he?

WITNESS:   He was born in 1961.  It's Moses.  He was born in 1963.

KHOZA MGOJO:  Who comes after Moses?

WITNESS:   Model.

KHOZA MGOJO:  How old is Model?

WITNESS:   He was born in 1969.

KHOZA MGOJO:  1969, yes, and then?

WITNESS:   And Thandiwe.  Thandiwe was born in 1968, that is before Model.

KHOZA MGOJO:  You said Model was born in 1969 and Thandiwe in 1968.

WITNESS:   (Inaudible) ... was born in 1970.

KHOZA MGOJO:  We have only two left now.  Who comes after Thandiwe?

WITNESS:   Nelisiwe. How old is Nelisiwe?   ---   Nelisiwe was born in 1972.

KHOZA MGOJO:  And the last one?

WITNESS:   The last one is Bongamusa.  Bongamusa was born in 1976.

KHOZA MGOJO:  What is Mdumiseni doing?

WITNESS:   He was employed but now he is no longer employed.  He was retrenched.

KHOZA MGOJO:  What standard did he pass?

WITNESS:   He passed standard 7.

KHOZA MGOJO:  And you, Moses?

WITNESS:   I was working at Vryheid.  I completed standard 10.

KHOZA MGOJO:  Are you presently working?

WITNESS:   Not at the moment.

KHOZA MGOJO:  Why aren't you working?

WITNESS:   I am trying to open up my own business or be self-employed.

KHOZA MGOJO:  And what about Model?

WITNESS:   Model is not working and he's no longer attending school.

KHOZA MGOJO:  What standard did he pass?

WITNESS:   He passed standard 7.

KHOZA MGOJO:  And what about Thandiwe?

WITNESS:   She is married and she's not working.  She passed standard 4 or standard 5.  I'm not really sure, but she's married.

KHOZA MGOJO:  And Nelisiwe?

WITNESS:   Nelisiwe is working.

KHOZA MGOJO:  What standard did he complete?

WITNESS:   Standard 7.

KHOZA MGOJO:  Bongamusa?

WITNESS:   Bongamusa is still at school.  He is doing standard 9.

KHOZA MGOJO:  Do you have any grandchildren?

WITNESS:   Yes, I do.  They are the deceased's children.  That is Dumisweni.  Dumisweni was not married.

KHOZA MGOJO:  How many children did Dumisweni leave?

WITNESS:   Two children.

KHOZA MGOJO:  What are the children's names?

WITNESS:   It's Mkululeko.  The eldest one is Mkululeko.  He was born in 1984.

KHOZA MGOJO:  Is he at school now?

WITNESS:   Yes, he's attending school.  He's in standard 4.

KHOZA MGOJO:  After Mkululeko?

WITNESS:   It's Bongani.  He was born in 1986.  He is at school.  He is in standard 2.