Human Rights Violation Hearings — King William's Town — 1997-05-14

CHAIRPERSON: Zanyiwe Mfono, Nobesuthu Patience Mbelekana.  Are you going to take their names ?  Are you going to give evidence ?

NENESA DYEVANA: I'm here with my mother. Neliswa Dyevana is my name.

CHAIRPERSON: Mpulwana Sithabathaba, are you going to give evidence ?

M SITHABATHABA: Yes

CHAIRPERSON: Thank you.

ZANIWE MFONO: (sworn states)

NENESA DYEVANA: (sworn states)

NOBE SUTHU PATIENCE MBELEKANA: (sworn states)

NOMBUKWANE SITHABATHABA: (sworn states).

CHAIRPERSON: Ms Maya.

MS MAYA: Thank you, Mr Chairperson.  Mrs Mfono.  We'll start with you.  The evidence that you are going to give the Commission to-day is about Kenneth Masibonge, who was  shot  in 1987 when he was 17 years of  age.  Is that so ?  Was Kenneth you child  ?

ZANIWE MFONO: Yes.

MS MAYA: Could you tell us the story please Ma'am.

ZANIWE MFONO: I just heard bullet sounds, twice.  I did not take them seriously, it was a night.  I slept.  The next morning, the other kids said I must go ask where Masibonge had been arrested.  I asked where he was.  The said that the police had taken him. I went to the police station, told them I was looking for Masibonge.  The police said he was not there.  I went to the hospital.  It was at Frere Hospital.  I found out then that he was there at the hospital.  After that, the sister went to visit at Frere and found him there.  I was asked to go and sign some documents because he was going to be transferred to Cape Town.  He was shot at the side.  He was going to be taken to Cape Town.  I went and signed the documents.  He came back from Cape Town in June the same year.  He could not do anything for himself.  He was paralyzed.  He cannot do anything for himself.  The police came and fetched him.  He was asked to come to court, to appear in court, both with the other kids ...

MS MAYA: Excuse me, Ma'am.  Why was he shot ?  Do you know ?

ZANIWE MFONO: No, I do not know.

MS MAYA: Was he a member of a political organization ?

ZANIWE MFONO: He was a school child.

MS MAYA: Were there problems at school at the time, do you remember ?

ZANIWE MFONO: There were no problems.  I think the other child would tell a better story, he's here.

MS MAYA: Therefore, you never got details as to why your child was shot, but do you know who shot him ?

ZANIWE MFONO: He was shot by a policeman.

MS MAYA: Do you know which policeman is this ?

ZANIWE MFONO: Yes.

MS MAYA: It's Lokhwe, Lunga Lokhwe.

MS MAYA: Did you give in a statement, or was Lokhwe charged ?

ZANIWE MFONO: I went to an attorney.  My witness is here.  This attorney represented this child and they were innocent.

MS MAYA: What is he using now, what was he using went he went to the, to court.

ZANIWE MFONO: He was using a wheelchair.

MS MAYA: So you don't know what the case was all about ?

ZANIWE MFONO: No, I don't know.

MS MAYA: We will ask for the witness's name.  What is his name ?

ZANIWE MFONO: Mlandeli.

MS MAYA: We will talk  to him.  Therefore, Ma'am, the fact that your son was injured, there was no case about that.

ZANIWE MFONO: No.

MS MAYA: Would you, do you have any requests ?

ZANIWE MFONO: Yes.

MS MAYA: What are they ?

ZANIWE MFONO: My child is still at school, I'm on pension, I suffer from high blood pressure.

MS MAYA: Masibonge eventually passed away.  What happened ?

ZANIWE MFONO: He used his wheelchair for four years.  After that, as he was paralyzed, his bottom started rotting.  His knees started protruding, the bones and around his ribs.
He was sent to Frere Hospital and they amputated him and he passed away in operation.

MS MAYA: Thank you, Ma'am.  Your requests ?

ZANIWE MFONO: I have a child at school.

MS MAYA: How old ?  When was he born ?

ZANIWE MFONO: In 1982.

MS MAYA: What standard is he doing ?

ZANIWE MFONO: Standard 7.

MS MAYA: Was Masibonge your oldest, eldest child ?

ZANIWE MFONO: No, there's one older than him.

MS MAYA: He's your only child at school, this one you're talking about ?

ZANIWE MFONO: Yes.  No, I have no other requests.

MS MAYA: I will hand you over to the Chairperson when I'm through with the other lady.  Thank you.

MS MAYA: Ma'am, how do you pronounce your surname ?

NOBE SUTHU PATIENCE MBELEKANA: Mbelekana.

MS MAYA: Mbelekana.

NOBE SUTHU PATIENCE MBELEKANA: Yes.

MS MAYA: Mrs Mbelekana, you're going to talk about Mbulelo Archie who was your son, who was shot at Komga.  Is that so ?

NOBE SUTHU PATIENCE MBELEKANA: Yes, he was stabbed on the 28th of  November 1993, yes.

MS MAYA: In your statement you give detail that he was killed by people who were members of two organizations.  Could you give us the details ?

NOBE SUTHU PATIENCE MBELEKANA: First  of  all, I was  at  work  in  Tamarah.   Apparently,   on   the Thursday he'd been elected as the ANC Chairperson.  On the Sunday he was going to take his position, take up his position as the Chairperson.  Apparently, at about 3 a.m.  on Sunday, somebody knocked on his window.  He got out.  When he got out, there were two doors, he used the back door.  By the steps he came across these people who stabbed him.  I was taken from Keimouth and the corps was already taken.  I was told that they stabbed him to death and left him to die.

MS MAYA: Do you know who it is that warned him ?

NOBE SUTHU PATIENCE MBELEKANA: Unkoluleko Xhani.

MS MAYA: You don't remember his surname ?

NOBE SUTHU PATIENCE MBELEKANA: Unkoluleko Unxholi.

MS MAYA: Is he still around ?

NOBE SUTHU PATIENCE MBELEKANA: Yes.

MS MAYA: In Komga ?

NOBE SUTHU PATIENCE MBELEKANA: Yes.

MS MAYA: Was Archie a member of political organization, or what was the name of the organization ?

NOBE SUTHU PATIENCE MBELEKANA: ANC.

MS MAYA: Did you find out who it is that murdered him ?

NOBE SUTHU PATIENCE MBELEKANA: No, this is why I'm here, I want to know.

MS MAYA: Did you talk to the person who came to warn him.

NOBE SUTHU PATIENCE MBELEKANA: No.  There were investigators.  I don't know what happened eventually.

MS MAYA: Neliswa, would you like to add something ?  Thank you, Mr Chairperson.

NENESA DYEVANA: Mbulelo passed away on Sunday.  It was about 9 a.m.  When I got up I went to get some water.  I stay with my grandmother and aunt.  A child asked if I knew that Mbulelo had passed away.  I said no, the last time I had seen him was the previous night.  When I got to the gate there were a whole lot of people.  I asked if it's true that he'd died.  Young children answered me and told me that yes, he'd passed away and he was left by the guava tree.  I went to church, my father told me exactly what happened.  Apparently, he'd been with his girlfriend.  What happened is, when the person knocked,
the girlfriend hid herself under the bed.  I asked how she'd hidden herself under the bed because you cannot hide yourself under a double bed base and I asked why it is that she should hide herself.

MS MAYA: Did she perhaps think that it's another of his girlfriends ?

MS DVENAYA: I said, no, it's impossible.  Investigators came, pictures were taken.  Mrs Mbelekana came back from Keimouth to work back at home.  The investigators said that , they know who the perpetrators are.  I asked, why they are not arresting anyone.  This investigator then said, they investigated and said he went to the Prosecutor wanting a warrant of arrest.  We were hopeful.  Nothing ever came of it, to this day.

MS MAYA: Is that all you have to say?

NENESA DYEVANA: Yes.

MS MAYA: Mr Sithabathaba, would you like to add something but apparently, you are the uncle to the deceased ?  When you heard that something had happened, what did you find out ?

MR SITHABATHABA: Somebody  came  and  knocked  and  said  Mbulelo had passed  away.  I went and indeed he'd was, he'd already passed on.

MS MAYA: You never found out who it is that murdered him ?

MR SITHABATHABA: No.