Human Rights Violation Hearings — East London — 1996-04-16

CHAIRPERSON: (Conducting prayer)

BONGANI FINCA: Your Grace, the Chairperson of the Commission, Commissioners and Committee members present. I wish to report that the office of the Commission in the Eastern Cape has received the following applications of persons who wish to testify on violations of their human rights.  The office has looked at these applications and it's believed that they qualify to be placed before the Commission.  I recommend in the order in which they will appear before the Commission today.
 Chairperson may I draw your attention to the fact that there are two matters which were held over yesterday.  We will start with those in the order for Tuesday 16th April, I wish to report that Mrs Nyameka Goniwe has requested permission, and we recommend that it be granted that she appears tomorrow.  The list for today then stands as follows:
 Sindiswa Mkhonto appearing on the matter of Sparrow Mkhonto, the nature of violation is disappearance or murder.
 Nomonde Calata, appearing on the matter of Fort 
Calata,the nature of the violation is disappearance and murder,
 Nombuyeselo Mhlawuli appearing on the matter of Sicelo Mhlawuli. the nature of the violation being 
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disappearance and murder.
Chairperson could I report that those three will be appearing at the same time.
Singqokwana Malgas appearing on the matter pertaining to himself, and the nature of the violation is torture in police detention,                                   Bessie Mdoda appearing on the matter of Xola Martin Jebe, the nature of violation being suspected in ANC camps or by security forces,                           Robert and Cecelia Kohl appearing  on the matter of Bully Aliston Kohl, the nature of the violation being killing by police,                                    Joyce Mtinkulu appearing on the matter of Spioms Mtinkulu, the nature of violation being disappearance and torture and poisoning in detention,                Nonceba Zokwe, appearing on the matter of Sithembile Zokwe, the nature of violation being killing by Transkei police,
and the last matter for today is:
 Billy Shiyani, appearing on a matter about himself, the  nature of violation being ambush and being shot by unknown assailants. 
I present the list to you Chairperson.

CHAIRPERSON: Thank you very much.  Could I introduce the panel, I did not do so yesterday. My apologies. June Chrichton is a member of the Human Rights Violations Committee in this region.  Domisa Nstebeza is a Commissioner and he is head of the investigative unit, nationally, and Tiny Maya is a member of the Human Rights Violations Committee in this region.  Dr Alex Boraine the Vice Chairperson of the Commission and Bongani Finca who is a EAST LONDON  HEARING TRC/EASTERN CAPE
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member of the Human Rights Violations Committee is a Commissioner and he heads up our regional office in the Eastern Cape Province, and Ntkisi Sandi is a member of our Human Rights Violations Committee representing this region, Hlengiwe Mkhize is a commissioner and she is chairperson of the Reparations and Rehabilitation Committee, Professor Piet Meiring is a member of the Reparations and Rehabilitation Committee, representing Gauteng region, and Mcebisi Xundu behind here who is a newly appointed member of the Reparations and Rehabilitation Committee for this region and Dr Ramsahala, a commissioner and member of the Rehabilitations and Reparations Committee.

BONGANI FINCA: Chairperson, the commissioners presiding today are the Archbishop Chairperson, Dr Boraine Deputy Chairperson, and Domisa Ntsebeza.

CHAIRPERSON: Thank you very much, I have not also reported that there would always be three commissioners for each day of the hearing assisted by a panel that would vary but the three would be there for throughout the day. Maditi Nqobela?  MADITI NQOBELA: The thing that I would like to say is that I want to thank everybody who has carried himself very well, you behaved because there was a big audience and I request that you should carry forward and convey this dignity, because we've said we've come here to cry and give support and give condolences to all those who have suffered. And those who are going to give testimony today, we would like them to feel that there is this acquiesence and I
request also that when the person is giving his or her testimony, we should be aware that there should not be people who are going up and down and disturbing all these occasions, because we are unable to hear very well.  But I'm EAST LONDON  HEARING TRC/EASTERN CAPE
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sure that you are going to succeed because yesterday you did I very well.  Thank you.

DR BORAINE: We invite Mrs Feziwe Mfeti to the witness stand please.

BONGANI FINCA: I am really sorry, yesterday I gave the speaker the chair he doesn't belong to. I'm really sorry for that.

DR BORAINE: Mrs Mfeti do you wish to take the oath or make an affirmation?

UNKNOWN: (sworn states)

DR BORAINE: Thank you very much, on behalf of the Commission I send to you a very warm word of welcome today and to say immediately that we appreciate very much your cooperation.  You were waiting all day yesterday, it must have been very anxious and expecting to be in the witness stand telling us your story and you've had to sleep on that all nigh.  We hope you feel comfortable and relaxed.  The story you have to tell has of course to do with your husband, Phindile who as a young student almost ten years ago now disappeared from the university where he was studying, you will tell us about that.  It is not easy to tell these stories, but I hope it's going to be of some relief to you and we are very grateful that you have come and we await your story now.  The person who is going to lead the Commission in asking you questions about this is Mr Domisa Nsebeza, who is almost on my right here and I will hand over to him now, thank you.

MR NTSEBEZA: Thank you Mr Chairman.  Mrs Mfeti, before we begin I would merely like to add to what the Chairperson of the Commission has said.  And as an opening statement to relax you we would like you to know that today the people of EAST LONDON  HEARING TRC/EASTERN CAPE
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South Africa and the whole world would like to hear you, perhaps for the first and the last time how your life has been, being the wife, the lover, the partner of a man, who almost a decade away, just disappeared from the face of the earth.  These people who are gathered here and the whole world will be watching your testimony.  We would like you to tell in your own words what it has been like, your hopes an your despairs, your moments of encouragement if there had been any and your moments of disappointment. your high notes and your lowest ebbs, all the emotions that have gone through your body in this decade or so, during which you have had to come to terms with the reality that you will never see your husband again.  And therefore I would like you to be relaxed, to know that this is your moment to tell us in your own words how your life has been in these last harrowing, almost ten years. Do you understand that?  I know that you want to testify in Xhosa and I would merely like you to raise your voice so that all who are here can hear the original version.  Do you understand that?  Are you now ready to testify.  Right.  
 Now I will ask you questions and I hope that when you reply your story will unfold.  Now let's start with this one, we'd first ask you to tell us about yourself, just five minutes, tell us about yourself, who are you, where did you grow up, where did you go to school, where did you meet with this Mfeti, what do you remember about him, what is it that makes you feel very angry when you think about him, very 
shortly, and tell us about the first day hearing about his disappearance, just five minutes, tell us about your feelings.