Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

MR LAX: (Inaudible) ... in your statement that there was a problem about the funeral because the police refused to allow you to have the funeral in Mpumalanga or Hammarsdale, and that's why you had to have it in KwaDabeka, is that correct?

WITNESS:   Yes, that's correct.

MR LAX: After this happened you then buried your son, is that right?

WITNESS:   I did, because I asked Archie to help me and he found a place in Clermont township, not Mpumalanga.  That's where I buried my son, and it was painful because at the funeral whites came and they were jumping my son's coffin, and I was quiet with a cross.  At the night vigil when people were there to console me, and the police came and they chased them away.

MR LAX: (Inaudible) ... now to the second incident, which took place on the 10th of April 1989, which involves the death of your son Nthokhozi Fox Dladla.  You told us in your statement that he and his friend, Bongani Khomo, had gone to visit a girlfriend in Mpumalanga.  Is that right?

WITNESS:   Yes, that's true.

MR LAX: On that way at about 6 o'clock at night they met a group of IFP people.

WITNESS:   Yes, that's true.

MR LAX: Can you tell us what happened as far as you know?

WITNESS:   Yes.  I was at home at that time.  Bongani came and he said, "Oh Daddy, they've arrested Fox."  And I asked Bheki where did they take him.  He said they took him down the street.  And when we went to the police station, ZP Police Station at Mpumalanga, when we arrived there we told the police and they came.  And then we asked Bongani, "Bongani, can you identify those people who took him?" and Bongani said, "Yes, I can."  And then the police took us.  They asked Bongani if he knows Nginga, and Bongani said, "Yes I know Nginga."  When they came they said we must stand aside and then they let them pass through, and then one policeman asked Bongani if these are the people that you saw, and Bongani said, "Yes, these are the people that I saw."  And they refused, they refused all of them.  And at about three the police started hitting them, kicking them, and then one said, "No, talk.  You must talk, Nginga.  We are tired now of being beaten."  And one of them was my relative.  He went to Nginga and he kicked Nginga, hit him, and then Nginga said, "Okay, now I can go "and show you where I have hidden him."  And then they left and they came back with him, they brought him back.  And this policeman was now swearing and he said to me, "I am sorry, your son has passed away."  I felt dizzy, and I looked at Nginga.  I wanted to hit him and he ran under the van.  I wanted to take a gun because I felt like shooting him.  And when I saw my son my son was been cut like a goat, and that hurt me very much.  I even felt that it was better if they shot him rather than cutting him.  There was no case.

MR LAX: (Inaudible) ... after about four weeks somebody ordered their release.

WITNESS:   They were arrested the same day, these four people.

MR LAX: (Inaudible) ... four weeks later?

WITNESS:   Yes, they were released.

MR LAX: (Inaudible) ... and no inquest that you know of.

WITNESS:   No, absolutely nothing like that.  I asked, but nothing happened.  I asked the detective who was responsible for this case.

MR LAX: Now, besides Mr Nginga, whose name you have mentioned here, do you know any of the other names of the four, the other three accused, or suspects we should say?

WITNESS:   Yes, I do.  Nginga, Mputha, Masikhane and the last one I just don't know his name and surname.

MR LAX: Now, let us move to the third of these incidents please, which is on the 3rd of September 1989.  Your son, Zakhele, was shot dead by a KwaZulu Policeman whose name is Mfanafuthi Ngubane, is that correct?

WITNESS:   Yes, that's true.

MR LAX: You've told us that your son, Zakhele, was sitting at home, and there was someone next to him, and this policeman arrived at your house.  Tell us what happened as far as you know.

WITNESS:   What I will clarify here it's what I've heard from the lady who was staying with my son, because my son was not staying with me, my son was staying in another ward.  I was in my neighbour's house and I received a message from someone who said to me, "Would you please come aside.  Do you know that your son is no longer alive?  Would you please go home, hurry home."  I went home and I saw candlelight, so I knew at that moment that Zakhele is gone.  And when I asked what really happened they told me he had been shot.  And I said to myself, "Zakhele is someone who plays guitar.  Who will kill someone who is playing music?"  And someone told me Mfanafuthi Ngubane, who is the ZP, the Zulu Police, has shot him.  I asked why and I asked how, and they just told me he is shot, and the bullet came from the back and came through his eye and hit the wife.  And I realised that they were being shot, both of them, my son and his wife.  And there was no case even there.  When I tried to search about that one detective told me that, "Because you know no one will be arrested, this Mfana, the person who shot him, won't be arrested.  Just do it like a man."  And I said to myself, "This is a policeman's advice."  So it was just like that up until today.  And I would like to thank you because ... (incomplete)

MR LAX: (Inaudible) ... you said that was Zakhele's wife, the other person.

WITNESS:   No, it wasn't his wife, but it was somebody else's wife.

MR LAX: (Inaudible)

WITNESS:   No, I don't know her name.  And I suggested that maybe we should bury them same place, and her husband said no. Would you be able to give us details of her husband, so that we can perhaps find him and speak to him and confirm what their situation is?   ---   I don't even know this woman's husband because this was the first time we had seen each other because of that situation.

MR LAX: If we can then move on to the last of these terrible incidents, which happened on the 3rd of November 1991, and this was also again in Mpumalanga township when your son Figo was killed by what are referred to as "com tsotsis."  Those are criminals who masquerade as political people.

WITNESS:   This one was outside fixing a car with his friend, Themba, and he was inside the car.  This is what I've heard.  This is what someone told me.  And I heard that he was stabbed and they rushed him to hospital, and I tried to call him and he said, "Yes."  And then one of his friends said, "Let's just leave him behind because we can't wait for him, we need to rush this person to hospital."  So they rushed him to hospital.  They rushed him to police station instead of hospital.  And then when I went to the police station I heard that he is in now Pinetown Mortuary.  And when we followed later on we found out that these people were disguising to be Inkatha or tsotsis.  They were all together.  This is where I would like to end because this is as far as I know.

MR LAX: Now, just to go back to the ... (intervention)

WITNESS:  I would like to say something.  There's something that I would like to tell you about because you didn't ask me about myself, because I was also harassed and tortured by boers.  I would like to also - I would like to express about myself and explain to you how I was tortured and harassed by boers, because you didn't ask me about myself. (Inaudible) ... that story about the guns and how they came to look for guns.  It didn't find its way into your main statement, but I was able to pick it up elsewhere.  You've told us in another part of your statement that the police used to come and look for guns, and that during one of those occasions they assaulted you quite badly.  When was that exactly?  Can you remember the year or the month?   ---   I can't remember the year because I am not educated, I am illiterate.

MR LAX: (Inaudible)

WITNESS:   They were still alive all of them.

MR LAX: (Inaudible) ... 1988.

WITNESS:   Yes, this is before.