Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

MR LAX: (Inaudible) ... background issues about the community and about the context that gave rise to the violence that happened in Trust Feeds.  Trust Feeds was a freehold area, and still is a freehold area, which was under the threat of removal, is that correct?

WITNESS:   That is correct.

MR LAX: It was one of the many so-called black spots that the previous Government wished to take off the face of the map and consolidate so that there would be wholly white owned areas and wholly black owned areas.

WITNESS:  It's true.

MR LAX: Now, you were a member of a community organisation, and one of the founders of that community organisation in Trust Feeds, one of whose duties, as I understand it, was to show the sustainability of your community by developing it in the face of the failure of the powers that be to provide essential services.

WITNESS:   It's true.

MR LAX: Who was the - or which body was responsible for providing services to Trust Feeds?

WITNESS:   Before the Trust Feeds Crisis Committee was formed there was no body that was legally responsible for development, and then the Trust Feeds Crisis Committee was formed to take that duty.

MR LAX: Trust Feeds was actually administered though by the Development and Services Board, which is a Government body of the Provincial Administration which acts as a local authority in small areas like Trust Feeds.

WITNESS:   It is true.

MR LAX: Now, one of the strategies which the previous Government used to try and force people in a community like yours to move was to withdraw all the essential services - health services, road services and so on, and is that what gave rise to the formation of your Crisis Committee?

WITNESS:   That is true.

MR LAX: Now, when did your community, and how did your community, come to, in essence, win the struggle against removal?

WITNESS:   I say it was in - it started in 1986,but for us to succeed in not being evicted from these areas it was in 1987, whereby the Government in Pretoria promulgated a law that we were not going to be evicted, we were going to be permanent residents in that particular area and we were going to be developed.

MR LAX: Is it correct that in 1987 your Crisis Committee, together with some other NGOs that were assisting you, went and had a meeting with the then Minister of Plural Relations, Piet Koornhof, in Pretoria, where you were able to persuade him that your community should be allowed to remain where it was?

WITNESS:   That is correct.

MR LAX: Mr Mbongwe, in order for the vast majority of the audience present to hear you could you please speak Zulu.  Those that don't understand Zulu have the benefit of the interpretation service.  Thank you.  Now, just by way of context, once your community had won the - or re-established the right to remain where they were, that's when your troubles really started.  Is that right?

WITNESS:  That is correct.

MR LAX: Please tell us briefly about what happened after 1987.

WITNESS:   As from 1987, when we had got an assurance that we were not going to be evicted from those areas, our Committee, that is the Crisis Committee, was working hand in hand with those who were known as "poinant"(?) in Loop Street, 'Maritzburg.  There are many things that our Committee did.  Maybe amongst other things I would point out that its main function was to fight for the rights to  obtain land, then when we got these rights we tried to develop the place.  Our Committee was comprised of the owners of the land, as well as tenants or people who leased the land.  Everybody in the community was involved.  Everybody was accepted, was welcomed, but there were some hitches that took place in other places whereby other people did not like that our Committee should be involved in developing Trust Feeds.  Then they tried to form an opposing group which was led by Mr Jerome Gabela, who was a chairman of the Inkatha in Trust Feeds.  This is the new committee that was formed which caused the harassment as well as the cracks in the community.  They were calling themselves as the Committee of the Owners of the Land.  May I just point out that it was on two occasions now that Gabela had tried to form a group, so that he would form this group which would oppose our group, but our community rejected all his efforts.  But on the third occasion he was able to form, and he didn't form it within Trust Feeds, he went outside and went to Emshuwathi Court.  That is where he started forming this group.

MR LAX: This is an area known as New Hanover, is that correct?

WITNESS:   That is correct.

MR LAX: Emshuwathi Court, that is near to Trust Feeds.

WITNESS:  That is correct.

MR LAX: Just for the record, Trust Feeds is a freehold area where black people have owned their land for many, many years.

WITNESS:   That is correct.

MR LAX: You weren't fighting for the right to obtain your land, but to retain your land.

WITNESS:   That is true.

MR LAX: Briefly tell us a little bit about your family and the piece of land that you own in Trust Feeds.

WITNESS:   At home we were five, then it was my mother and my father.  Both my parents have passed away.  My father was working at the Magistrate's Court.  He was an interpreter.  My mother owned a shop.  I am the last-born at home.  My sisters got married.  The other one is staying at KwaNdengezi and one is staying at Inchanga.  I am presently staying at Eden.  I also have my family, kids as well as my wife - two.

MR LAX: Now this opposing group, predominantly Inkatha and led by these two Inkatha people, was formed in May 1988, and you say that there started being problems thereafter.  Please will you tell us a little bit about those problems.

WITNESS:   All this started, as I have pointed out, it started when Gabela, who was a chairman of Inkatha - he was not working all by himself, he was working hand in hand with the Flying Squad in Greytown.  Their wishes were that whatever development we tried to create must come to an end, and it mustn't be given to the Crisis Committee, because it was believed that the Crisis Committee is a committee of communists, therefore whatever development there is mustn't be given to them.  Now, as Gabela was working with the police, but the main problem that he had was that the community just could not accept or follow him.  They did not believe in his ideologies.  There were so many questions coming from the people that ever since the Inkatha has been there in Trust Feeds what has he done for the community?  There were problems, floods in 1987, and many houses were destroyed, but he did absolutely nothing.  It was our Committee that worked with Poinant in 'Maritzburg, as well as Red Cross, as well as another organisation, Islamic organisation, as well as the superintendent in Hanover.  At that time he was still Warrant-Officer Nicholas.  They helped people to try and rebuild their houses, get food as well as whatever they needed.  He wished that this could have been done by his committee, which was not accepted by the community.

MR LAX: You've told us in your statement that there started being threats and small incidents of violence and so on.  Will you tell us a little bit about that please.