Human Rights Violation Hearings — Newcastle — 1996-09-12

WITNESS:   Yes, she is an ANC member.  I have tenants in my yard.  Now Nora was telling my tenants that they must leave my place because they are going to die.  They are going to be burned because I am Inkatha.  Then my tenants told me.  Others didn't.  I kept quiet.  One day early in the morning, I think it was about 10 o'clock, I was standing outside my yard.  Two people came.  They were wearing ANC T-shirts.  One was tall, the other one was wearing a shirt.  And they asked me if I am Mr Maphumulo and is this No 147, and I said to them yes, so they said they are looking for someone.  And this person told them they must come to 147, that's where they'll find this person.  I asked them what person.  They said a Swazi person.  So I told them that, "No, I don't have a Swazi tenant, I only have Zulu tenants."  They said, "Okay, we will see."  They left.  On Sunday I left at 7 o'clock, I went to Mr Mhlongo's house to tell him that I was going to Newcastle.  Before I could even finish telling Mr Mhlongo I heard gunfire.  I said to Mhlongo, "Mhlongo, I heard gunfires coming from my house," so Mhlongo said, "No," but I insisted to Mhlongo that it's in my house.  Mhlongo said, "You mustn't go to your house."  I said, "No, I have to go and see.  My children are dying."  I didn't know what to do, and then eventually Mhlongo and Mrs Mhlongo let me, and then I went to my house.  As I was going there my children were lying down, and the youths was coming out from my house.  They went opposite my house, to the direction opposite my house, and I didn't know where to go.  And I heard someone crying from my house.  I didn't go to my house, I followed these people.   At the corner one person by the name of Magubane told me I mustn't follow these people because they'll kill me.  I was confused.  When I arrived there I heard my wife calling me.  I didn't say anything, and it was burning.  I saw Dumalile, my child, lying down, and her child as well next to him.  When I looked I saw a kombi taking them, two ladies and their mother. Whose kombi was that?   ---   Zimani's kombi.  It was a taxi.  When I went inside Nzimande's room everything was messed up and electricity was ... (inaudible) ... I went outside.  It was like I was dreaming.  My neighbour said to me I must calm down, and I said to one of my neighbours we must take a car and go and fetch the person from the mortuary.  They said "No, police are coming."  Police came, came by Hippos.  They came and searched our house.  I stood there and I was looking at them.  Then they left.  They told me that the mortuary car is coming.  They came and they took Nzimande's body and my child's body, and then we went to hospital.  I found one still alive.  Sizeni and Gushiwe were already dead, and she had a child.  Her child didn't die even though she was shot.  I was confused.  I didn't know why my children were killed.  Nora left, and the next day she wasn't there, and the next day as well she wasn't around.  And then I asked neighbours why Nora left.  They said no, they didn't know.  And then one day - nothing came to help me.  I heard people are being helped by Red Cross, but not with me.  I went to the police station, and then that's when I discovered that people are harassing me because I am Inkatha member.  Then I asked the police to come and guard us because I wanted to do a funeral for my children.  I didn't get any assistance from them.  People from the hostels, and neighbours who were Inkatha members, and neighbours who were ANC, came and assisted me, and they also came to the funeral.  After that I left everything, everything in my house.  I left as I am, and then I sent someone to go to my house and take my refrigerator and use it, because I didn't want to waste that refrigerator.  But Nora came and stopped that person from taking the refrigerator.  So I left just like that as I am today.

MR DLAMINI: Thank you, Mr Maphumulo.  You have just told us a very sad story here.  There's just one thing that I want to clarify.  This child that you said he has fits, is there any pension that he is receiving?

WITNESS:   No.

MR DLAMINI: Did you try to talk to the social welfares?

WITNESS:   No.  I tried to send him to Johannesburg to some people who were helping him, and they sent him to hospital.  And they said his mother must take him to police and to the social welfare.  They also asked for my receipt, my pension receipt, but I couldn't give them because now I am receiving my pension at bank.  I have to go back to Johannesburg to ask for it.

MR DLAMINI: Maybe this thing can be fixed right here, there's no need for you to go to Johannesburg.  If we can only try and talk to the social workers and social welfare people maybe they can try and do something rather than going to Johannesburg and waste money.  Maybe people - social workers from Blaauwbosch can help you.  Another thing that I'll like to know, where were this Nzimande family coming from?

WITNESS:   From Zakele, the wife from Nqutu.

MR DLAMINI: You also said that your neighbour, Nora, said you were IFP member and this is what led to this attack.  Are you an IFP?

WITNESS:   Yes, I am because I am a Zulu.  They told me that I wasn't supposed to go to work, and I told them that I came to Johannesburg to work.

MR DLAMINI: Let's just clarify one thing, Mr Maphumulo.  To be a Zulu doesn't mean you are an Inkatha.  You can be Zulu and not be Inkatha.  You can be PAC, ANC, AZAPO, or even NP.  What I want to know is that are you an IFP member?

MR DLAMINI: /--- I am

MR DLAMINI: ---  I am because I am not affiliated in any party.  I am an IFP member.

MR DLAMINI: One other thing that I would like to find out from you is I want to get to the roots of what caused the fight between yourself and your neighbour.  Is there anything which took place between the ANC and the IFP where you were staying?  Maybe you got involved in those attacks.

WITNESS:   No, I was helping the ANC instead, because I would be taken by members of the ANC and they would say I should go and talk to the youth of the ANC, maybe they would understand me because I was an elderly person.  And at times I would tell them that I should not be treated as if I was a member of IFP as well as the ANC.  I was a member of the IFP, but I would go and sort their problems out for them.

MR DLAMINI: As we've already said we've noted your request that, even though compensation will not bring back your children, but you would like to be helped with regard to your grandchildren who were left by your children, and that you need medical attention, as well as your wife, and that one of your children needs medical attention with regard to epileptic fits.  We've noted these requests and we shall pass them over to the Government, who will make a final decision as to how you should be helped.  And after we've done the work for the Commission we are going to file a report, as well as recommendations and suggestions to the Government.  But what I can stress is that a fight between the neighbours ends up being a political issue and some lives are lost in the process.  I think it was a good idea for you to be able to quell the violence between ANC as well as the IFP.

WITNESS:   I thank you very much because it is true.  I will not try to drag the ANC's name through the mud, because the President is not involved, he is not doing what the youth of the ANC is doing.  He is preaching peace.  And I cannot make ends meet with the money that I am getting for my pension.  This country is being ruled by children, and Mandela does not approve of whatever they are doing.

MR LAX: Thank you, Chairperson.  Mr Maphumulo ... (inaudible)

WITNESS:   Yes, I can hear you.

MR LAX: (Inaudible) ... on one aspect, and that was, was there ever a case or an inquest that you know about arising out of this killing?

WITNESS:   Yes, I did open a case.  I went to report the matter to the police.