Human Rights Violation Hearings — Durban — 1996-05-10

DR BORAINE: Thank you very much.  And the first word to you is a word of warm welcome.  We thank you very much for coming to the Commission, and we look forward to hearing your story, which is about the execution of your son, Andrew, and also some attacks on your house, which happened to you.  Before we hear the story though - a story of great pain - I want you to please stand to take the oath.

LUPINA NOZIPHO ZONDO: (Sworn states) (Through Interpreter)

DR BORAINE: Thank you very much.  Mrs Zondo, we always ask someone to help the witness in telling their own story.  Today I am that person for you, so I'm going to you to tell something about your life.  Can you hear all right?

WITNESS:   Yes, I can hear you.

DR BORAINE: Fine, if at any time you can't hear, just wave at me and I will change that and we'll help you to hear properly.  Now, you live in KwaMashu.  Is that right?

WITNESS:   I live with my family.  It's my husband and four children.  It's Irene.  She's now working.  Sandile, he is studying and Lecon and the other one are at the primary school.

DR BORAINE: You had another son, whose name was Andrew, and he was doing his matric.  Tell us about that.

WITNESS:   Andrew left home when he was 16 and we searched all over for him, but we couldn't find him.  After his disappearance we

DR BORAINE: /stayed at

DR BORAINE: 19A/25 stayed at home.  We were not free.  We did not know whether was he still alive or not.  One day the police arrived and they told us that they got him - they found him.  The police told us it's better to go and see him where he had been arrested.  When we went to see him he was at Westville Prison.  We had been visiting him many times and there was a court case and we went to Scottsville, where the case was listened to for the last time.  Andrew asked us not to come, me and his father, because he said he doesn't want us to be there.  He doesn't want to be sentenced while we are in the same room.  There was a lawyer, Bekker (?), who represented him, and he came back.  He told us that he's been sentenced to death five times, because of what he did at Amanzimtoti.  They took him to Pretoria.  They transferred him to Pretoria.  We visited him quite a few times as well.  He didn't spend quite a long time at that prison.  The police arrived at home to tell us that the day has arrived for him to be hanged, and they said we should go and see him.  We left as a family to go and see him at Pretoria.  We stayed there a few days.  We stayed for the week-end.  They said we can stay in Pretoria, but we will never see his body.  We said, "Yes, that's better.  Can you make it possible that we can see his body?"  They said, "No, you will not see his body.  You won't be allowed to see his body.  You can go and attend the church service, but you will never see the body".  We felt that if we go and don't see the body, because it's our tradition - before a person can be buried we have to have a look at him and be sure that it is the right person and thereafter we came back and they buried him.  They said

DR BORAINE: /they would

DR BORAINE: 19A/29 they would bury him at Mamelodi and they said they would give us a death certificate after that, but we never received any death certificate.  There was this heavy burden in our hearts, why didn't they give us the body, because they already hanged him.  They said no, it's the law, they have to bury him. (End of tape)

DR BORAINE: 19B/0 ... Young and old people attended the service, especially the ones who were UDF during that time, where there were others who did not belong to any organization, but most members of the UDF were there.  A week had gone by before he could be buried.  I don't know whether had he been buried or not, but even after the burial they would come to my house.  One day when they were leaving my house two children were shot dead.  These are the children who attended the memorial service.  And one day, when the memorial service was continuing the police arrived.  On their arrival they surrounded the house, and that time we were singing Nkosi Sikelel' iAfrika.  We were just about to finish the service, and the police came in large numbers.  Others were at the door - all the doors and all the windows.  They beat up the youth.  They didn't touch me.  They assaulted the youth that were in the house.  Mduduzi, my boy - my son - was also there.  He was heavily assaulted.  During that time he had epilepsy.  Since after that incident he gets these attacks, and he passed away.  Every time since that day he would go to bed and he would cry and he would say, "Mom, here are the police.  They are attacking me", and every time when he cried I would go to his room to make sure whether he was all right.  He was attacked by epilepsy till he died.  I was now left with the remaining ones.  They are still alive.  But I must say

DR BORAINE: /during the

DR BORAINE: 19B/2 during the service the police assaulted the youth terribly.  The blood was full in the church and me and my husband were supposed to clean that blood.  Dishes were broken.

DR BORAINE: Don't rush.  When you are ready then you can continue.  Is that your story?

WITNESS:   Yes.

DR BORAINE: Thank you.  I won't keep you long, because you have carried a very heavy load, and you have been very brave.  Just one or two short questions.  I won't be long.  How old was Andrew when he died?

WITNESS:   He was about to finish his 20 years.

DR BORAINE: Mrs Zondo, do you remember ever having a meeting with a Mr Smit, whose child died in the bomb attack in Amanzimtoti?  Do you remember meeting him?

WITNESS:   Yes, I remember.

DR BORAINE: Was that a good and helpful meeting for you?

WITNESS:  Yes, that helped me a lot.

DR BORAINE: Mr Smit came before the Commission in Gauteng, and he told us about what had happened to his child and he said that he had forgiven Andrew and that he had been very pleased to meet with you, so I thought I would just ask how you felt about that.  I want to ask you just one or two short questions about the police and attacking your home and the memorial service.  Where did these police come from?

WITNESS:   They were from KwaMashu.

DR BORAINE: Thank you.  Do you remember any of them?  Did you know them?  Can you tell us who they were?

WITNESS:   I don't know who they were.

DR BORAINE: Mrs Zondo, the Commission is here to share with you in your pain and your distress.  Is there anything that you would like the Commission to do, if the Commission had

DR BORAINE: /the power to

DR BORAINE: 19B/5 the power to do that?  Is there anything more you want to say?

WITNESS:   I would request the Commission to replace the furniture that belonged to the church.  And we don't have a death certificate and we cannot go to the place where my son is buried.

DR BORAINE: Mrs Zondo, we will certainly consider your request and we will very definitely be able to get hold of the death certificate so that you can have it.  We will also make enquiries - I'm really not sure what the law is, but we will make enquiries about your son's body and we will come back to you and we will report to you and tell you what we have found out.  I hand you now over to the Chairperson.

WITNESS:   Thank you very much.

CHAIRPERSON: As Dr Boraine already said, we all feel the same pain.  We will try and help up to a point where we can help.  Thank you very much.
/DR BORAINE
19B/6

DR BORAINE: Chairperson, before I call the next witness, may I welcome Mr Jacob Zuma of the KwaZulu Government, and I'd ask him to please stand for just a moment, and say that we're glad to see him.

CHAIRPERSON: You clap only when I give you permission to do so.  I won't punish you for clapping, but please.