Human Rights Violation Hearings — Newcastle — 1996-09-11

MR LAX: Just for the record, you have given us a copy of a provisional death certificate for you son, in other words not a final death certificate.  Have you ever received a final death certificate?

WITNESS:   Yes, this is the one I submitted.  I never got the original copy.

MR LAX: (Inaudible) ... the death certificate you've given us is one that you get when a death is still being investigated and it hasn't been finished yet, so clearly there's been no further investigation of this case.

WITNESS:  No, there hasn't been any.

MR LAX: Mr Nkosi, we will follow up why the police didn't investigate this case any further, particularly when you say there are witnesses who could give them better information, and we will see what we can do about that.  Now, in your statement you've told us that what you would really like from us is for this thing to be properly investigated so that, in your own words, justice can be done.  Is that right?  Do you confirm that?

WITNESS:   Yes, I do confirm that, because I want to know the circumstances surrounding my attack, why was I being singled out?  As well as this granny and Doreen.  They also know something, and I want them to explain as to why they did this to me.

MR LAX: These people, the granny and Doreen and Ndlovu, are they still living in Osizweni?

WITNESS:   They are no longer at Osizweni.  When my son died Doreen was staying at that granny's place, and when my son died they moved out of that place.

MR LAX: (Inaudible) ... do you have any idea?

WITNESS:   I think the granny went to Madadeni, and Doreen is working.

MR LAX: Do you know where she works?

WITNESS:   She is working at Vega.  It's a factory which is situated in Nova.  It's opposite Nova.  They are opposite each other.

MR LAX: Mr Nkosi, thank you for telling us this difficult story.  I know that it's very hard for you, and it has been quite painful for you, and I hope it has been helpful for you.  I hand back to the Chairperson.

WITNESS:   May I just ask something?  I want to say to the youth I do not know whether these youths had anything to do with this, or maybe my involvement with the COSATU led to my child being killed.  Because COSATU had nothing to do with politics, and I want to apologise to my children, as well as my wife, because I think this is the whole thing that led to the attack.  They used to ask me a lot about the 1976 uprising, and I used to explain to them.  And later on they saw things for what they were.  I want to apologise to the youth, as well as to my children, because they could not continue with their education because of the things that took place, and at times I blame myself for whatever happened, because later on my children did not want to continue.  The way they had been traumatised and harassed they never wanted to go back to school later on, and I keep on blaming myself for whatever has happened to my children.  And I am saying this to my children as well as the youth at large, that education is very important.  In whatever circumstances they should continue with their education, because that's how they'll get their liberation.  I am saying to my children, sorry, and I am saying to my wife, I am really sorry.  I did not realise that by being a member of COSATU I was spoiling my children's future as well as my children's - I am saying to them they should persevere.  I am saying to them they should keep on fighting the oppression, but they should never forget where they come from, and they should never forget that they should continue with their education in whatever they do.  They should not allow circumstances to disturb or trouble them.  So I just want to say it might probably have been a mistake for me to be a member of COSATU.

COMMISSIONER: Mr Nkosi, we thank you very, very much for telling us what you feel, and for those very moving and profound words that you have just spoken to us.  You were also struggling during those years, and you were doing what you felt and what you believed was best, so it would be wrong to blame yourself for everything that happened to you and your family.  You are one of many, many parents who has come to the Commission and have told these frightening stories about your house being attacked, your door being chopped down, and a family member - this time your 14-year-old son, being killed in front of you, and we can only imagine the terror that you must have felt then, and we are very glad that you feel sufficiently recovered to come and tell us that story today.  As I said to Mrs Nkabini, who was the previous witness, that violence is wrong from whichever side it comes, and it drives people apart, and it makes the task, the very big task of  reconciliation in this province so much more difficult.
It's also necessary to comment on the behaviour again of the KwaZulu Police.  These are people whom we should have been able to rely on to do the right thing, to do the proper thing to assist you in your time of need, and to arrest the people who were responsible for killing your son, but they didn't do that.  And we hope that we are moving to a stage now where we can have a police force that we are proud of, and that every citizen, irrespective of their view, can turn to in their hour of need.
We are also grateful that you were able to receive assistance from Mrs Mntambo, who you mentioned in your statement, who was the first person to come to you after you son had died and after your house was - had been reduced to chaos by your attackers, that she could come and give you assistance, and we want to thank her on your behalf as well.
Thank you very much for telling us that story.  It gives us a very clear picture of what things were like in that area only three years ago.  This is not a story from the eighties, this is only three years ago, and we hope that Osizweni and Madadeni never have to go through those experiences again, and by telling your story to the public makes us even more determined that we should not go backwards again into that sort of situation.  Thank you very much for telling us your story and for coming here today.

COMMISSIONER: We welcome you here today, Mrs Mntambo, and you are also from Osizweni township in Newcastle, and you have come to tell us about an attack and burning of your house by members of the IFP.  Before you tell us that story can you stand to take the oath please.

HARRIET MNTAMBO: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Now, Mrs Mntambo, if you can just tell us briefly you have - how many children do you have?  You've mentioned six of your children here, Nkosimphile, Xelokuhle, Vukani, Sipho, Xolani and Nonkululeko.  Is that right, do you have - is that all your children?

WITNESS:   That's all.

COMMISSIONER: Are you married?  Is your husband still alive?

WITNESS:  Yes, he is still alive but we are separated.  He is staying in Jo'burg, I am staying alone.

COMMISSIONER: (Inaudible) ... which was in February 1993, were you alone with your children?

WITNESS:   Yes, I was with my children alone.

COMMISSIONER: Now, before you tell us about the attack on your house which was, as I have said, in February 1993, perhaps you can just tell us what was happening in Osizweni at that time.  Was there fighting?  Who was attacking who?  What was going on?

WITNESS:   What I would like to explain is that they started attacking me in 1990, then in 1993 they burned down my house.

COMMISSIONER: (Inaudible) ... who are you talking about?  You say "they" started attacking you in 1990, and then in 199 "they" burned your house.

WITNESS:   I know them because I saw them.

COMMISSIONER: What political group are they from?

WITNESS:   IFP. From Osizweni IFP, or from Madadeni, or ... (incomplete)   ---   Yes, Osizweni.

COMMISSIONER: And do you know why they were attacking your house?