Human Rights Violation Hearings — Tzaneen — 1997-04-10

MR NKWAMBA: Thank you.  It was during 1970.  We were staying in the Sotho Homeland at Palaborwa Magushane, Mashege, Masimali, Namagalin .   During that time, it was the beginning of the homeland system.  I left the place because I was not on  good terms with the people in the community.  It was during 1980.   Later I reported the matter to the Palaborwa Magistrate Court and the Commissioner gave me the place by the name of Farm Kwagga.  While I was at Kwagga many people started arriving, stay in my place and those people used to ask for transport.  Normally this place was donated by the Tsonga speaking people.  I helped these people by transporting them from their different areas and take them to Farm Kwagga.  Because people started arriving in numbers and I couldn't afford to help them, I requested the Gazankulu government to come and help.  The government refused or failed to help.  They said they were afraid that the government cars might be destroyed by the Lebowa people.  They promised to pay me in helping those people.
 In 1981 an advisory committee was formed to run the community.  Me, myself personally, I was the Chairperson of the Board, however things didn't go well because we were not in good terms with the other members.  At the very same time, we had a problem involving two children who disappeared.  Their disappearance was so mysterious.  The station commander by the name of Mr Fourie and Mr Nyati came to me to report the matter.  I told them that I'm not going to take the matter because Jordaan is the person who's responsible and I will take the matter to him.  I took the matter to Jordaan and he said I must go and inform all the people and I did inform the people.  We had a meeting at Nkatego High School.  After we had the meeting we were told that one old woman took those children but I think those were all lies and rumours.  My wife, when people started having gatherings, she also went to these meetings to find out exactly what was being discussed there and I'll also like you to give her a chance to give exactly what was happening in those meetings.  What I did is that I informed the police, because Farm Kwagga at that time...  we didn't have police, a police station in this place.  The only police station was in Palaborwa and that's where I reported the matter.  Up to the tenth of June 1985, people came in big numbers to our place and they started burning my house and my cars and other properties,  my businesses.  My mother died.  She, she wasn't sick but she was affected by what happened to me.  What surprised me is that Jordaan sent policemen to guard my family but they never did help us and they were present while all these things were happening.  This is the truth that I'm telling here the way he, there and after the burning of my property, I had to take these policemen and go with them to town.  While I was at the police station in town, I asked Constable, Mr Grobbelaar to call the Chief Minister of the Homeland Gazakulu, Mr Ntsanmisi and I talked to him, tried to explain to him exactly what happened.  He was also surprised as to how come these things happened.  However, what surprised me is that while I was in the police station, while talking to Mr Grobbelaar,  Grobbelaar said to me, Chief Nkwamba, how did these things happen?  Chief Tzangwisi said to me, take the phone from the constable and I took the phone from the constable and he asked me, tell me who is this person who's saying Chief Nkwamba there at your side?  And I said to Chief Tzangwisi, you better ask Mr Grobbelaar and I took the phone back to Mr Grobbelaar.  Tzangwisi asked Mr Grobbelaar, why are you referring to Nkwamba as Chief Nkwamba?  Grobbelaar just dropped the phone.  
 As all these things happened, four young men were arrested and the case was had at the regional court.  The magistrate asked me, as to whether you saw the people who burnt your house?  And I told the magistrate that I didn't see the person that burnt the house but there were many people and the magistrate said to me, those young men who were here, we are trying them because they killed someone by the name of  Olossi Kumalo.  They killed this person inside his house and the person was burnt right inside the house and they said that your case you'll  have to be compensated.  This was said by the regional magistrate, Mr Coetzee.  Those who were arrested, those young men, something surprised me.  They were given bail by the state to be out of prison.  They were sentenced eight years and out of eight years the case was taken over by the state and the matter was decided and they have to spend four years in jail.  This worried me a lot and I couldn't understand as to how the government have intervened in such a case like this.  
 After, up to a stage where a newspaper was published which said, this newspaper report stated that I am a Mozambiquan citizen and I also came from Mozambique.  This is the newspaper document.  He said I am from Mozambique because this troubled him in his mind.  The cause of his trouble is that when I got Farm Kwagga people of Farm Kwagga wanted me to be their Chief and this worried the Chief Minister and this led to him publishing this document and I'll be very pleased if the Chairperson of this Committee might like to see what's written in this document and this what's destroyed my whole life.  
 What also worried me a lot is that, the old regime, apartheid parliament.  When the Chief Minister wanted to become a Chief, he should not have destroyed my life.  The whole parliament should have asked me and sit with them around the table to discuss the matter so that there might not be  any violence or confusion.  They're supposed to have heard this side of my story.  They didn't do that, they went underground and destroyed my things.  This had worried me a lot.  The parliament didn't have any opposition.  They had to take whatever the Chief Minister was saying.  In other ways  I can say, if the house didn't have any power to oppose, that means that one person had to rule and he destroy whatever possible.  
 After all this, they sent Mr Matchimane, Mr Langa and Magistrate Chahoke to go and collect me.  They said I must be brought alive to parliament.  When they arrived, I said, to ask them, what are you coming here for?  They said the Honourable Minister have sent me to come to, and fetch  you to go and talk to him and I told them that I don't have any problem with him.  If I have any problem, it's me, between me and God because I've done all my work.  I managed to fight for the rights of the people and I took them from the other lands and bring them to one place.  I managed to talk to them.  I didn't do anything wrong to them and I haven't, they haven't done anything bad to me and he's the one who's troubling me in my life.  Mr Chairman, I would like to ask you to take this into your hearts and understand that this is painful.  I would like again to ask you, Mr Chairman.  My house has been burnt down.

DR RANDERA: Mr Nkwamba, I'm going to ...Sir , can you listed to me?

MR NKWAMBA: I can hear you, the Honourable Chairperson.

DR RANDERA: .We will take whatever documentation you have afterwards.  I would just like to ask you some questions please.

MR NKWAMBA: Thank you.