Human Rights Violation Hearings — Durban — 1996-08-29

DR MAGWAZA: Now, we come back to you, as well as your son-in-law.  Are you working?

WITNESS:   No, I am not working.

DR MAGWAZA: How is your health?

WITNESS:   I stopped working due to ill health because I got injured in a bus accident.  I was hit by a bus and I could not stand at work, and I was using a sewing machine, and the doctor told me that I should stop it because I was suffering from arthritis and I would get swollen every time.

DR MAGWAZA: Is your husband working?

WITNESS:   No, he was working, but he is no longer working.

DR MAGWAZA: Is he on pension?

WITNESS:   Yes, he is getting pension from work.

DR MAGWAZA: Then what about Bhuwile's children?  How old are they now?

WITNESS:   The one is 16 years old.  The other one was born in 1979, the other one in 1980, and the last one in 1985, as well as 1980.  The other one is 16 years old, the other one is 15, the other one is 12.  The one who was born in 1985 is 12, the other one is five years old.

DR MAGWAZA: As you have already said, are you the one who is maintaining the children?

WITNESS:   Yes, I am.

DR MAGWAZA: This is a pathetic story, but I have a little problem because I would have appreciated it if Bhuwile had come before us so that we can get the full story, as well as the background or the circumstances surrounding her husband's death, as well as get knowledge as to what is happening to the monies that she was supposed to receive after her husband's death, so that we could pass on full information to other wings of this organisation.  Is there any way in which Bhuwile could come to us?

WITNESS:   Yes, I believe so, but there are so many instances during which I have requested her to come and appear before this Commission.  Each time she would tell me that she is fed up with the whole thing and she wants to go and look for work.

DR MAGWAZA: Thank you very much, because it's very difficult for your daughter to come, but you took the initiative to come and speak on her behalf.  We appreciate that very much.  Thanks.

DR MAGWAZA: Are you still staying with Bhuwile?

WITNESS:   That is correct.

DR MAGWAZA: Who is maintaining her?

WITNESS:   I am.

DR MAGWAZA: As well as her children.  There's nothing that she can offer them.

WITNESS:   No, she is not working.  There's absolutely nothing that she can offer her children except when she gets certain temporary job.

DR MAGWAZA: What about the money that she was supposed to earn?

WITNESS:   Yes, she would buy certain foods in the house, and I would tell her to buy school things and she would tell me that the money is not enough to buy school clothes.

DR MAGWAZA: Now, what about the 16-year-old?  In what standard is he or she?

WITNESS:   He's in standard seven.  The one who is 15 is in standard six, the one who is 12 years old is in second year, and the five-year-old is at pre-school.

DR MAGWAZA: In KwaMashu?

WITNESS:   That is correct.

DR MAGWAZA: Is it correct - it is true that your daughter should come to our offices and submit a statement.  We believe that she needs psychological help.  She has been traumatised.  Her behaviour denotes that she needs psychological help, and she should get some attention even from the social workers or psychiatrists.

DR FAIZAL: Just one question please.  You say that when these people - in your statement you say that the two people who came knocking on the door identified themselves as policemen.  This is what your daughter said to you.  Were they in uniform or in plain clothes, or did they identify themselves with ... (incomplete)

WITNESS:   I was told they were wearing police coats.

MR LAX: Mrs Khawunda, was there ever any case in relation to your son-in-law's death, or an inquest of any description?

WITNESS:   (No reply)

MR LAX: Can I repeat the question.  Can you hear me?  Turn it down a little bit.  Volume down please.  That's why it's feeding back.  Can you hear me now?

WITNESS:   Yes, there was.  No, we never went to court, but Bhuwile went to report to the police about her husband's death, but no further steps were taken.  Only the statement was taken, and nothing further was done.

MR LAX: (Inaudible) ... make a statement.  Which police station?

WITNESS:   At KwaMakutha Police Station.

MR LAX: Now, which hospital was your son-in-law taken to?

WITNESS:   At King Edward Hospital.

MR LAX: Thank you.  Thank you very much.

COMMISSIONER: Mrs Khawunda, thank you very much for telling us your story.  We could see how difficult it was for you, and we can see that you are carrying a heavy burden.  Not only are you raising your daughter's children, but you have to raise them with the memory that their father was murdered in tragic circumstances, and this will be difficult for them to accept and understand.  Also you have the problem of your daughter, and it is quite clear that she has been very badly affected by this incident.  Most of the stories that we have heard, that you have heard today, took place many - not many years ago, but several years ago in the eighties.  This one took place only six or seven months before our first free elections in this country, in late 1993, and it reminds us that we still have to be very vigilant about the terrible political intolerance that affects our province because these things are still continuing in parts of this province.
As you know, and as you have heard me say today, we don't have the power to make recommendations - we don't have the power to assist you directly, financially or otherwise, but our job is to make recommendations to the Government, and we will be making recommendations to the Government on your behalf and on behalf of the children that you are raising, because it seems clear that your son-in-law was killed as a result of political intolerance and political violence.  
So thank you for coming and speaking on behalf of those small children today, and we hope that your daughter will be able to come and talk to us as well.  Thank you very much.

S M MNGUNI: (Inaudible) ... yes, I do.

COMMISSIONER: You have come from KwaMakutha, like other people today, and you have come to tell us about the death at the hands of the KwaZulu Police of your son, Mbongeni, in 1991.  Before you tell us that story please can you take the oath.

S M MNGUNI: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Dr Randera will help you.

DR RANDERA: Mr Mnguni, good afternoon.  Thank you for coming.  Before I ask you to relate the story about your son can we just clear something up.  Was your son killed, or was he paralysed and he's still alive?

WITNESS:   He is still alive, but paralysed.  He is confined to the wheelchair.

DR RANDERA: Thank you very much.  Can you go ahead and just tell us about what happened to your son?

WITNESS:   My son was going to school at the age of 12.  Each time he gets back from school he had a friend who had a taxi, and he would help him when he was on duty.  Now, one day after hours, when they had stopped working, he took the bottom of cold drink, an empty bottle of cold drink, going to go to the Spaza shop to buy some cold drink, and yet there were people already waiting for him outside.  And they shot him.  They shot him from the back, and the bullet went through and came out from the front.  And one other on the head, but fortunately it did not penetrate into the head.  And some people who saw this they took him immediately to the King Edward Hospital.  When he got to the hospital he's been there since 1991 to May 1995.  He is at home presently.  He is lying.  He can't do anything.  He cannot do any chores.  He'll just be lying or be taken back to  the wheelchair.  That's his life.  That's what he does.

DR RANDERA: (Inaudible)