Human Rights Violation Hearings — Venda — 1996-10-04

RUSSELL ALLY: Mr Tom Manthata is going to help you with your statement, but before that I would just ask that you'll take the oath with Commissioner Lyster.

ELELWANI VIOLET MUGUVHELA: (sworn states)

THOMAS MANTHATA: Mrs Muguvhela, who is accompanying you?

ELELWANI VIOLET MUGUVHELA: It is my brother.

THOMAS MANTHATA: What is his name?

ELELWANI VIOLET MUGUVHELA: Leaphi Mashera.

THOMAS MANTHATA: Leaphi, you are welcome, feel at home.  Comfort your sister.  Ms Muguvhela, your husband died.  When did he die?

ELELWANI VIOLET MUGUVHELA: In 1990.

THOMAS MANTHATA: At that time, how long had you been together?

ELELWANI VIOLET MUGUVHELA: Maybe 10 years.

THOMAS MANTHATA: Was he working?

ELELWANI VIOLET MUGUVHELA: Yes, he was working.

THOMAS MANTHATA: And what about yourself?  Are you working?

ELELWANI VIOLET MUGUVHELA: No, I am not working.

THOMAS MANTHATA: And how many children did you have at that time?

ELELWANI VIOLET MUGUVHELA: Four children, four children.

THOMAS MANTHATA: Four children?  What are they doing?  Are they schooling, working?

ELELWANI VIOLET MUGUVHELA: They are all at school.

THOMAS MANTHATA: At school?  And who is maintaining them, Ms
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Muguvhela?

ELELWANI VIOLET MUGUVHELA: It is myself.

THOMAS MANTHATA: How do you do it when you are not working?

ELELWANI VIOLET MUGUVHELA: I used to bake fat cakes and sell something and the little thing that we can get in our orchard.

THOMAS MANTHATA: Can you tell us how your husband died?

ELELWANI VIOLET MUGUVHELA: Yes, I can do.  It was during the violence in the country.  By that time a certain man disappeared, by the name of Mr Magadaghela and we went to the Headmen's place to search for the whereabouts of this old man in the first place.
 No information was received.  Many  meetings were held but on the 24th of March 1990, there was a very big meeting in which the whole country was convened, all people went there, including children and old people who could go there.
 It is there that the people agreed that we must go to Tsangane where the man was last seen.  And then the people went there.  I did not go there.  The information what I have is the information that I received from the people that went there.
 On their arrival they have tried to find all the information from the sister of the old man.  The information was that the man was killed by Mr Tsiqobigana.  They went to Mr Tsiqobigana's place.  They did not bring back Mr Tseqobigana.  In coming back to Tsangane they rested, it was during the evening.
 The witness from whom I have received this information they said that a police van arrived, about ten police vans or more.  When police arrived there, they started shooting, it is then that by the next morning we heard that my husband passed away.
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 The relatives went there at Tsangane to see where the corps was.  When they went there they found it exactly as it is.
 They came to the Tando police and they came and they explained that the police have killed someone there.  In answering that they said that someone might have died due to the stone falling over him.  Because those people were hurt by what they have seen, they went back to where there was this corpse.
 It is there that the police came and take photo's for the corpse and take it to the police station.  It is then that the funeral arrangements were made and it all went like that.
 In 1993 this inquest was made which was not made by the family members, but which was made by the Government.  The inquest was on the heads of Mr Ndama and the representative of the family who was sitting today, Mr Rambane.
 We were given Mr Ledobo to be the representative of the Muguvhela family.  The day in which the inquest ended Mr Ndama came back with three big books and he was just paging them where he was sitting.
 In finishing talking he said, the police were on their duty.  I will end it there.

THOMAS MANTHATA: This is a sad case Ma'am.  Who was this Magadaghela?

ELELWANI VIOLET MUGUVHELA: The old man who disappeared.

THOMAS MANTHATA: Was he not well at the time?  How did he disappear?

ELELWANI VIOLET MUGUVHELA: He was well, I just, I can't say exactly how he disappeared, I cannot say that, I'm afraid.

THOMAS MANTHATA: And you are saying the big meeting that was
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convened, who had called, who had convened that meeting?

ELELWANI VIOLET MUGUVHELA: The Chief had called the meeting, convened the meeting.

THOMAS MANTHATA: The aim of the meeting was to find out where Magadaghela could have been?

ELELWANI VIOLET MUGUVHELA: Yes, just to establish whether he was still alive or not.

THOMAS MANTHATA: And then you talk about Xobishali, who is he?

ELELWANI VIOLET MUGUVHELA: Are you actually referring to the one who gave evidence?

THOMAS MANTHATA: Oh, is he the one who gave evidence?

INTERPRETER: She would like to know if you are referring to the one who gave evidence?

THOMAS MANTHATA: How many Xobishali's did we refer to?  I thought I heard you talking about one?

ELELWANI VIOLET MUGUVHELA: Yes.

THOMAS MANTHATA: Who is he?

ELELWANI VIOLET MUGUVHELA: He is the Chief who belong to the Tsongolo village.

THOMAS MANTHATA: Thank you.  How was this meeting to look for Magadaghela connected with the meeting what seemed to have been political meetings as you put it, it was a period of violence and I understand you to mean political violence.  How are they two related?

ELELWANI VIOLET MUGUVHELA: Yes, they do relate to each other.  Yes, people were doing that because they didn't want people to live like that, just getting disappeared without any knowledge.

THOMAS MANTHATA: If I understand you therefore, you feel that Magadaghela's disappearance had political significance?

ELELWANI VIOLET MUGUVHELA: No.
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THOMAS MANTHATA: As Mr Chairman has pointed out, shall we get all the relevant documents like the inquest and what not, I think I will go so far, thank you Mrs Muguvhela.

MR LYSTER: Thank you.  Mrs Muguvhela, was there ever an inquest after your husband died?  You've said in your statement that you saw your husband after his death, he was clearly killed by two bullets in the chest.

ELELWANI VIOLET MUGUVHELA: Yes, I just omitted that unfortunately.

MR LYSTER: And you said that the conclusion of I don't know whether you said it was the Magistrate, was that the police had been doing their duty, is that correct?

ELELWANI VIOLET MUGUVHELA: The Magistrate is the one who said that the police were on duty.

MR LYSTER: That inquest that took place, or that court case?

ELELWANI VIOLET MUGUVHELA: Right here in Tando.

MR LYSTER: Okay, we will look at those documents.  Now can you give us some idea of the larger meeting, not the meeting relating to Mr Magadaghela, but the other meeting, can you tell us something about that meeting?

ELELWANI VIOLET MUGUVHELA: Do you want me to, I am not clear about the question?

MR LYSTER: The meeting that was held at the Chief's place, the meeting, do you know anything about that?

ELELWANI VIOLET MUGUVHELA: Yes.

MR LYSTER: Tell us something, anything you know about that meeting.

ELELWANI VIOLET MUGUVHELA: The main objective was to make people not just to disappear at random.

MR LYSTER: And who held the meeting, who was co-ordinating that meeting?  Who called it, who called the
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meeting, who put it together?

ELELWANI VIOLET MUGUVHELA: The Chief himself.

MR LYSTER: And are you aware whether you husband attended that meeting?

ELELWANI VIOLET MUGUVHELA: Yes, he attended the meeting.