Human Rights Violation Hearings — Durban — 1996-08-30

DR RANDERA: Mrs Mdluli, thank you very much, you've done very well in what you've told us already.  It still seems like the memories are very strong.  Can I just help you along in terms of some of the questions that we would like you to help us with.  You said you had only one son, is that right, and he passed away two years ago?  You have only one son?

WITNESS:   He died in '94, May.  He was ill.  I am not done.  The ... (incomplete - end of side A) ... by heart attack, and Dr Chris Barnard responded and said they were not telling the truth, he will come and exhume the body.  They are lying.  They kept quiet after that.  I was called to the court of law in Pietermaritzburg.  They said I should come and explain about the pictures that I had sent overseas, because this was an insult to them.  I took Phyllis Naidoo with.  When we got to Pietermaritzburg they said my son shall come in first and explain the pictures.  Unfortunately my son did not know a thing inasfar as the pictures were concerned, and the prosecutor of Pietermaritzburg said it's my son who wounded the corpse, and now they are saying it's them - and now it looks as if it was them, and that's not true.  I said, "That's not true," and my son said, "Mum, come along with me.  They are not telling the truth inside.  They are just saying their own things."  I went inside the court of law, and one white lady brought many pictures, photos, and put them on the table, and said I should pick my photos.  I did that.  I picked about four or five photos and I left the rest.  And they said, "Those are yours?"  I said, "Yes."  And they asked what had happened to them.  I told them, "I took these pictures so that tomorrow these can serve as evidence against anything that will be said.  Now you are telling me about the heart attack, and there is no heart attack which can cause wounds on the body and injuries on the body," and they kept quiet.  I have forgotten some other things although, but I did not have peace of mind after that.  I was being bothered up to this day, and I had no house after that.  In Lamontville I had a wonderful time.  I had never had any altercations with people around.  The mayor wrote a letter and said I was behaving so well in Lamontville, and said wherever I'll go he had that in writing, saying wherever I'll go I shall be given a house because my behaviour is so exceptionally well.  He had never seen anything or ill things that I have committed before.  I was always a good citizen.  He said I had never had anything that I was commenting or accusing people about, I was always a peaceful person.  I have forgotten other things.  The case went on in 1979 - 1979, March.  Before the case started - I think it was Saturday - I had visited Mxenge.  I was at Mxenge's place.  We got a telephone message and they said they will ask Lydia to be present on Saturday, to come on Saturday.  The case will be on Monday.  Truly we went there on Saturday, and they said, "We do admit that we killed him.  That did happen, but now we would like you not to come and not to stand, because we have already admitted.  We'll give you whatever you want," because I had asked for R39 000,00.  When we got there on Monday they gave me a R10 000,00 cheque, which I did not know what to do with it.  That R10 000,00 got finished.  It's more than 20 years ago now.  All what this means is that they are owing me, especially Jimmy Kruger, because each time I will say something in the newspaper he will respond every time without fail.  This tells me that Jimmy Kruger is owing me R30 000,00.  What I am saying, I want that money, for he is owing me, and he deceived me with a R10 000,00 cheque because I am illiterate.  I have forgotten other things.  I don't know now.  But what I can tell you is that I never had peace of mind thereafter.

DR RANDERA: Mrs Mdluli, thank you very much.  I just want to ask you a few questions.  From what you've told us your husband had been harassed for a long time.  You said he was arrested under the 90-day law, he was sent to prison.  Can you just tell us a little more about his political involvement?

WITNESS:   When he was sentenced he was asked why did he go to Mandela's meeting.  He was sentenced for that reason, that why did he attend Mandela's meeting.  That was it.  We never heard a reason, a sound reason.

DR RANDERA: So he was a member of the African National Congress, was he?

WITNESS:   That's correct, since 1952.

DR RANDERA: And was he looked upon as a leader in this part of the country?

WITNESS:   He was just a middle-man in the middle, but he was not a leader.  But when the newspaper got out they alleged he was the leader.  And that confused me, because that brought about enmity, because there were leaders who were present at the time, but they turned around and said he was a leader.  That was the newspaper.

DR RANDERA: Can you just tell us, in 1976, when he was arrested, was there unrest in the township where he was living?  What was happening in the areas that you people were living in at the time?

WITNESS:   Just like Lamontville, where we were staying at the time, there were unrest.  George Mbele - people were being troubled.  Many were being troubled.

DR RANDERA: I just want to go back to that day when Mr van Zyl and others came to your house after your husband had been arrested.  Did they search the house properly, or did they just throw everything around?  Were you spoken to properly by them?

WITNESS:   When I got back?

DR RANDERA: I am talking about the - on Friday, the 19th of March you said, "Mr van Zyl and others came to my house and ran through and did a thorough search."  On that day after - the day after your husband was arrested.

WITNESS:   They did not get anything.

DR RANDERA: What were they looking for?

WITNESS:   They wanted ANC documents.

DR RANDERA: I know this is going to be difficult, but can you please describe - you said when you saw your husband's body there were brutal wounds on his body.  Can you please describe to us what wounds there were?

WITNESS:   Some appeared like they were caused by the butcher's knife.  I think the obvious ones were the ones that were cause by the butcher's knife.

DR RANDERA: Now, you said earlier on and in your statement that the police said that he died from a heart attack.  What was your husband's health like before he was arrested?  Had he ever been to the doctors with heart problems, or to the hospital?

WITNESS:   He had never got ill before.  He never was ill before.

DR RANDERA: (Inaudible) ... post-mortem that was done at King Edward Hospital or by your own doctors.

WITNESS:   That I cannot explain, because he already was in this glass box.  Is it a plastic or a glass, but something like that, transparent, because when you entered the room you could see him from afar.  It was not the usual coffins.

DR RANDERA: Was there an inquest that was held?

WITNESS:   You mean at the court of law?

DR RANDERA: Yes.

WITNESS:   They said they will not appear in front because they've already admitted to the fact that they killed him.  Now they were asking and pleading with me not to go forward, but they would like to pay the claim.  And still that claim is not the one that I asked for.

DR RANDERA: You say in your statement that certain people, Captain David Frederick van Zyl, Andrew Russell Cecil Taylor, Sergeant Madla Khayise, Patrick Makhanya and Constable Zeblon Ngobese, were found guilty.

WITNESS:   That's correct.

DR RANDERA: Are you sure about that?

WITNESS:   Yes.

DR RANDERA: And were they sentenced for this?

WITNESS:   They were arrested for those days, few days.  I do have their photo. When they were in a car coming from the court someone took the picture and I got that picture.  I still have the picture at Attorney Mlaba's office.

DR RANDERA: Thank you, Mrs Mdluli, I don't have any further questions.  Maybe my colleagues do.