Human Rights Violation Hearings — Port Elizabeth — 1996-06-26

DR BORAINE: Chairperson the following witness is  Rejoice Mlungisi Kungwayo.  Could that person please come forward.
 Good afternoon Mr Kungwayo, would you please put the earphones on so that we can follow each other.  I want to just test that you can hear my voice and can hear the translation.

REJOICE MLUNGISI KUNGWAYO: Yes, I can hear properly.

DR BORAINE: Fine.    Mr Kungwayo, just like the previous witness you've had a very long wait and I hope you are not too tired and that you are ready to tell your story.
 Your story is similar in a way to the previous story we've heard.  It involves the whole question of the UDF-AZAPO but there is an element of even greater tragedy, the sense of awful killing by necklace and you weren't even there.
 So it must be very hard for you.  We want you to tell us the story.  Before you do so though, I must ask you to stand to take the oath.

REJOICE MLUNGISI KUNGWAYO: (sworn states)

DR BORAINE: Thank you very much.  Please be seated.  Mr Kungwayo, Calin Xundu is going to lead you and be of assistance to you as you tell your story, thank you.

REV XUNDU: Thank you Mr Chairperson.  Mr Kungwayo, your story is almost similar to the previous one.  I'd like you just to highlight and mention the following aspects.
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 To which organisation did you belong?

REJOICE MLUNGISI KUNGWAYO: I was a member of the UDF.

REV XUNDU: Were you all members of the UDF or was it only you?

REJOICE MLUNGISI KUNGWAYO: No, it was me who was a member.  No my elder brother was also not involved.

REV XUNDU: Why were you arrested?

REJOICE MLUNGISI KUNGWAYO: I can state that in 1985 I was arrested due to the feud which was among the UDF and AZAPO members.
 It was during the time when the community members were assisting the UDF so as to protect their families, especially the leaders who were always terrorised by the AZAPO members.

REV XUNDU: Why were you arrested, was their a charge laid against you?

REJOICE MLUNGISI KUNGWAYO: In the statement intimidation and the possession of dangerous weapons were the charges which were laid against me.

REV XUNDU: How long were you sentenced for?

REJOICE MLUNGISI KUNGWAYO: I had to serve 18 months, it was in 1985.

REV XUNDU: When did you learn about your brother's death?

REJOICE MLUNGISI KUNGWAYO: It was in 1985, I was a prisoner at the time.

REV XUNDU: Did they tell you how your brother was killed?

REJOICE MLUNGISI KUNGWAYO: No, they didn't give me details.  It was just a letter which I received from my family.  My wife used to write me letters so that is how I got this information.  There were other political prisoners who were detained and they also informed me about this.  They also stated that he had been burnt and he was necklaced.

REV XUNDU: Do you think he was just isolated?

REJOICE MLUNGISI KUNGWAYO: Could you please repeat the question?
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REV XUNDU: Was there a fight during this day or do you think he was singled out?

REJOICE MLUNGISI KUNGWAYO: According to the information it was said he was burnt when he was found in one of the streets.

REV XUNDU: Were there any inquest held or was there any post-mortem according to the information?  Did you get any information about an inquest or a post-mortem?

REJOICE MLUNGISI KUNGWAYO: No, nothing was done.

REV XUNDU: Do you have a death certificate to the effect that your brother had died?

REJOICE MLUNGISI KUNGWAYO: Yes, I have it because when I came out of the prison I made attempts to obtain the death certificate, I have it with me now.

REV XUNDU: What would you like the Commission to do for you?

REJOICE MLUNGISI KUNGWAYO: I left my brother in the house and during the time he was not an activist, I was the activist. So I left him with my wife, so what I would like to request is the Commission should please establish the reasons for my brother's murder.

REV XUNDU: Was he married?

REJOICE MLUNGISI KUNGWAYO: No, he was not married.  He just had a girlfriend with whom he co-habitated, they have a child.

REV XUNDU: In other words does he have a child?

REJOICE MLUNGISI KUNGWAYO: Could you please repeat the question?

REV XUNDU: Does he have a child or how old is the child and which standard is he?

REJOICE MLUNGISI KUNGWAYO: I think the child is doing Sub B.

REV XUNDU: Where does she live?

REJOICE MLUNGISI KUNGWAYO: She lives with the grandmother.  The grandmother is frail and aged.
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REV XUNDU: In other words you would like the Commission to assist you with the maintenance of the child?

REJOICE MLUNGISI KUNGWAYO: The problem is that I'm unemployed.  Nobody is employed, my wife is not employed either and usually my niece usually visits us because I've never contributed anything, his father is deceased, the child's mother is deceased and the person who is looking after the child, is aged. We would like to get some assistance and also that there should be some enquiries into his death, my brother's death.  Thank you.

DESMOND MPILO TUTU: Order please.  Any questions?  Dr Ramashala?

MAPULE RAMASHALA: Is your mother receiving any assistance at all?

REJOICE MLUNGISI KUNGWAYO: No, I don't have parents any more.

MAPULE RAMASHALA: Grandmother.

REJOICE MLUNGISI KUNGWAYO: Yes, she is staying with the maternal grandmother.

MAPULE RAMASHALA: You don't know?

REJOICE MLUNGISI KUNGWAYO: No, I don't know.  She gets old age pension.

MAPULE RAMASHALA: Thank you.

DESMOND MPILO TUTU: Thank you very much Mr Kungwayo for your statement.  The Commission will try to find out what happened to your brother, thank you very much.