Human Rights Violation Hearings — King William's Town — 1997-05-12

REV XUNDU: How many are there?

MR JEQEKA: I have five children.  I also have twins who are still very young.

REV XUNDU: How old are they?

MR JEQEKA: The first one is doing standard ten.  She is 18 years old.  The other one is doing standard eight and the other one standard four.  My twins are doing Sub B.  I would like to be helped to educate them and to support my family, because my wife is not well.  She is in Grootte Schuur Hospital.  I am alone at home and I am not working.

REV XUNDU: You would like a social grant?

MR JEQEKA: Yes.

REV XUNDU: Is there anything else?

MR JEQEKA: Because I am 57 years of age I would like the Commission to help me to get a pension grant.

REV XUNDU: I thought that you were still a very young man.  You could get another wife, because you are a handsome man.  Lastly, you also support Mr Ndlovu for the project?

MR JEQEKA: Yes, I would also like playground and I would like the Commission to help us to build a community hall so that we can have our meetings there.

REV XUNDU: Thank you very much.  Thank you Mr Chairperson, I will hand over to you.

CHAIRPERSON: Mr Sandi.

ADV SANDI: Thank you Mr Chairperson.  There are names of the police you mentioned in your statements, both of you.  When we were preparing for this day we had a problem to get these police.  Are there any police you have mentioned in your statement, the police you know where they are, Mr Stoltz and Mr Mgedeza and others?  Do you know where they are?

MR JEQEKA: Mr Chairperson, I would not know, because I last saw them in 1963.  When we were in prison we did not know what was happening outside.  Charles, who was together with them, passed away.  I do not know where they are.

MXOLISI DESMOND KIVITI: Mr Chairperson, I do now know where Mr Stoltz is.  I last him at that time.  He was from Queenstown at that time.  He came to prosecute us.

ADV SANDI: Was he from Queenstown?

MXOLISI DESMOND KIVITI: They said that he was from Queenstown.

ADV SANDI: Let me then ask this way.  The officers of the security police were here in King William's Town or were they in East London at the time?

MXOLISI DESMOND KIVITI: We were not aware of this special branch when we got arrested.  I think all this happened when we were arrested, but the police would be sent to arrest us.  I do not know whether Mr Stoltz is still around.

ADV SANDI: Do you know that, of whether there were police from East London during this time?

MXOLISI DESMOND KIVITI: No, they were police from here.  Charles was from here together with Stoltz.

ADV SANDI: Thank you.  Thank you Mr Chairperson.

CHAIRPERSON: Mr Kiviti, you said that the story you brought to the Commission is the same story brought forward by Mr Jekeqa?

MXOLISI DESMOND KIVITI: Yes, that is correct.

CHAIRPERSON: When these statements were taken did you make a mistake, because in the statement in front of us in your story it is not clear that you were on your way to the police station to try and release the leaders who have been arrested.  Mr Jekeqa's statement clearly states that, but in your statement this does not appear.

MXOLISI DESMOND KIVITI: I think it was a mistake, because we were arrested on the same day.

CHAIRPERSON: Who were these PAC leaders which were arrested on that day.  I know that this happened in 1963, but we have to have the peoples' names.

MXOLISI DESMOND KIVITI: It was Tembikile Nyopo, Maliso Nyopo and Kente.

CHAIRPERSON: Were they regional leaders or national leaders?

MXOLISI DESMOND KIVITI: They were regional leaders of the PAC.

CHAIRPERSON: In other words when we consult our records we would find out who the regional leaders were at that time.  Was there any attorney representing PAC members?

MXOLISI DESMOND KIVITI: We had one attorney, Mr Mtshizana.  He was representing us.  He told us that he was going to find another attorney for us.

CHAIRPERSON: The attorney Small Becker who appeared in the Supreme Court, was he an advocate?

MXOLISI DESMOND KIVITI: Yes, he was not an attorney, he was an advocate.

CHAIRPERSON: Are there any other questions?  We thank you Mr Kiviti and Mr Jekeqa for coming before the Commission and telling us your story.  We are going to meet with you, Mr Kiviti, in order for you to clarify certain matters in your statement.  For now we would like to thank you.  Tomorrow we are going to listen to other issues concerning PAC people.  Not tomorrow, but on Wednesday, when Mr Kati will be here, but for now we thank  you.