Human Rights Violation Hearings — Port Shepstone — 1996-08-13

COMMISSIONER: Thank you very much, Sibusiso, for coming in to talk to us today.  We have heard many other stories, particularly yesterday, from people from the Murchison area, and, as I said to those people yesterday, Murchison - the people of Murchison suffered very, very badly over the past - particular 1989, 1990, 1991.  We heard stories of people whose homes were burnt down, people who were driven out of their homes, people who were forced to go on night camps, and if they refused to go they were killed.  And you were among those people who fled.  Because of that political oppression in Murchison you were forced to flee from your home to KwaGcaba, where again you were attacked and assaulted by the police.  So you have given us a clear picture of what life was like in those days in that part of Port Shepstone, and that is very useful for us because it helps us to write the report which we have to write for the Government.  And when we write that report you can be sure that the stories that we have heard from the people of Murchison will feature very much in that report.  As you have heard Dr Magwaza say, part of our job is to make recommendations to the Government as to how people like you should be assisted, and we will be making those recommendations on your behalf to the Government so that you can be assisted.  So we thank you again very much for coming in today and sharing your story with us.  Thank you very much.

COMMISSIONER: Is that the one in the middle?  Okay, and then who is Sithembiso Nzama?  That's you.  And you are Kayiya Cele on the left.  Sorry, who is Mr Cele?  Oh.  And Thembinkosi Dwayisa?  And who will be talking first?   Dwayisa, okay, thank you.  I think if you - and are you all going to be talking today?  Are you all going to be giving evidence today, or is it just Mr Dwayisa?  Dwayisa, okay.  If there is anything that you want to add you are welcome to.  If you do you'll have to take the oath, but if you're happy that Mr Dwayisa talks on your behalf that's fine.  Okay.  Mr Dwayisa, can you - okay, can you both stand to take the oath.

THEMBINKOSI DWAYISA AND KAYIYA BOY CELE: (Sworn, States)  (Through Interpreter)

COMMISSIONER: You are from the Murchison area again, like the witnesses before you, and like many other witnesses we have heard.  You are from the Mbhayimbhayi area and Nkanyezini area, and you have come to tell us about a lengthy period of harassments, attacks, shootings which you and other members of your community suffered at the hands of the South African Police and the IFP, and this was in 1991.  I am going to ask Mrs Gcabashe to assist you with your evidence.

MRS GCABASHE: I would like you to greet the three of you.  Good afternoon.  You have already explained that Thembinkosi will be speaking mostly on your behalf throughout the story, and I believe that if some few things - if there's something that's left out they can help.  As you were sitting with us together since from the morning listening to other witnesses, all the big things that happened before, as now is your time to come forward to tell more about what you experienced.  It also affects us, and we also get upset to hear all the troubles and the problems that our people have gone through.  I would like to start with you, Thembinkosi.  Can you tell us more about the surrounding area where you come from, and also tell us more about your family.  Tell us about your family first.

WITNESS:   I will say that there is only one person still alive at home.

MRS GCABASHE: May you please raise up your voice.

WITNESS:   I am only left with my dad and my mother, and I am the only child.

MRS GCABASHE: Are you just alone at home?  Were you born alone?

WITNESS:   We were two.  Another one passed away.

MRS GCABASHE: At the present moment what are you doing?

WITNESS:   I am not working.

MRS GCABASHE: When this happened I believe you were still young, still at school.  Where were you schooling?

WITNESS:   I was schooling at a place called Elihlaze at Murchison.

MRS GCABASHE: Up to what standard did you study?

WITNESS:   I studied up to standard five.

MRS GCABASHE: How old were you at the time when you left school?

WITNESS:   I was 17 years old.

MRS GCABASHE: As we have already heard that the issue that brought you here before us is that there was violence in your place.  Can you briefly tell exactly what happened.

WITNESS:  I will say my harassment started at 1987.  During '87 there were some athletics at Murchison in one of the playing grounds.  That's where the police started harassing us.  There had been a problem at the playing grounds.  During the athletics police started shooting at us.  They starting shooting, it was about from half past three until seven in the evening.

MRS GCABASHE: Where were you at that time as it's a long time they have been shooting?

WITNESS:   We were at our homes in Murchison.

MRS GCABASHE: Where they were shooting - they were shooting at the grounds, and what happened?

WITNESS:   Yes, they started shooting at us at the playing fields, and thereafter they followed us to our homes.  Time went on until 1990.  There was some change to us, and also other members of the UDF.  That was the time Nelson Mandela was released.  I think that was the time people began to realise the truth, and they all turned to become members of the UDF.

MRS GCABASHE: In your statement you mentioned that in 1991 you were harassed by IFP and police.  Was it the correct time?

WITNESS:   Yes, that was the correct time.  After the release of Nelson Mandela there has been some change.  We stayed together all as comrades.  In 1991 things started to change.  Even somewhere in the middle of 1990 there was a spirit that we had was moving around that the IFP was preparing to attack us.  We stayed on guard, waiting to see if every they're going to attack us.  Most of the comrades decided to meet and go for camping because we didn't know what was going to happen at any minute.

MRS GCABASHE: You mentioned that it happened that you have to leave Ezikaleni.  Did you get out of that place?

WITNESS:   Yes, we moved of Ezikaleni at that year.  In January 1991, 27, there were some of our friends were sitting together.  They used to call themselves UDF members.  On that night of the 27th January we heard that people have died in a place called Madagala.  Three people died at that place.  We tried to investigate as to the cause of their deaths.  After their deaths we had a meeting where all the members of the congress in Murchison have to meet.  Then the whole community went to that place to find out exactly what had happened as to how the three people were killed.  When we arrived at the meeting there was no resolution, or we couldn't find out the reason why they were killed, and the meeting just dissolved like that.  It happened and happened until 1991, and all those brothers who were attacked were attacked by the IFP.

MRS GCABASHE: You said ... (incomplete)

WITNESS:   I am saying they were attacked by the IFP.  I mean those three brothers or comrades who died.  It's then that we as comrades realised that there is no way out, we have to come together in unity and see what we can do to protect the people.  They started - they continued to attack us in the company of police, and when they came to us they normally say that they were looking for young boys.  We had meetings, trying to find out as to how we can solve the matter.  On April somewhere the IFP attacked us.  They were in the company of police.  That was April the 10th 1991.  After they have attacked us two people died.  It was Mr Dladla and also -Mr Dladla Damkoka, and the other man was Mr Makhanya.   This Mr Dladla and Makhanya, were they injured?  Were they injured during the attack?   ---   Yes.  I think they were attacked early in the morning.

MRS GCABASHE: Did they survive?