Human Rights Violation Hearings — King William's Town — 1997-05-12

CHAIRPERSON: We will now call Buyisile Samuel Sangotsha, Maki Zokoza, Mncedi Maguga, Simon Ndindi Funda and Thembeka Cecilia Ntliziyombi.  Is she here?  No.  We welcome you and we will ask Reverend Xundu to help you take an oath.

REV XUNDU: Thank you Mr Chairperson.  I will start with you Buyisile Samuel Sangotsha.  Please stand up.

BUYISILE SAMUEL SANGOTSHA: (Duly sworn in, states).

REV XUNDU: Thank you.

MAKI ZOKOZA: (Duly sworn in, states).

REV XUNDU: Thank you.

MNCEDI MAGUGA: (Duly sworn in, states).

REV XUNDU: Thank you.

SIMON NDINDI FUNDA: (Duly sworn in, states).

REV XUNDU: Thank you.  Mr Chairperson, the have been properly sworn in.

CHAIRPERSON: Tiny Maya.

MS MAYA: Thank you Mr Chairperson.  Mr Sangotsha, I will start with you.  I would like you to tell us, shortly, about what happened in your family, especially on the second of April 1993.  We found out that you also lost your son Mxolisi. Is that correct?

BUYISILE SAMUEL SANGOTSHA: Yes, that is correct.

MS MAYA: How old was Mxolisi at the time?

BUYISILE SAMUEL SANGOTSHA: Mxolisi was 47 years old.

MS MAYA: Please come nearer to the mike.  Please tell us, shortly, briefly, what happened.

BUYISILE SAMUEL SANGOTSHA: The first incident when it happened I was in hospital in Gida.  I broke my leg, I fell from a motor cycle.  When I was discharged from the hospital, it was on Friday when I was discharged from Gida Hospital.  I then arrived in King William's Town.  When I was about to take a taxi home in the taxi rank I heard people saying that where are you going, because your house was burnt down.  I did not understand this.  I went to the taxi.  The taxi man told me that they are not going to the Bhele township, because peoples' houses are being burnt down and your house, Sangotsha, was also burnt down.  The taxi driver told me.  I said to this man, you see that I am injured, you can just take me to the village.  He then agreed.  He took me nearer to the location, he did not go in the township.
 When I was about to reach my home one of my neighbours approached me.  At that time it was about to rain.  One of my neighbours took me to his house telling me that my house had been burnt down.  I asked when.  He said on Wednesday that same week.  I asked who burnt my house.  He then said that he saw Ntsotho's boy by the name of ...

MS MAYA: Is he Msikeleli?

BUYISILE SAMUEL SANGOTSHA: Yes, Msikeleli together with Zilindile Ndzuzo, Koleli Pokothi and others.  They took a paraffin from Mr Zokoza's house to burn down our houses.

MS MAYA: Sir, the people who you just mentioned, who are they?

BUYISILE SAMUEL SANGOTSHA: They are people from our village.

MS MAYA: Why did they burn down your house?

BUYISILE SAMUEL SANGOTSHA: I still want a reason why they burnt my house.  I do not know.

MS MAYA: Were you a member of any political organisation?

BUYISILE SAMUEL SANGOTSHA: Yes, I am an ANC member.

MS MAYA: Did you have any position in the ANC?

BUYISILE SAMUEL SANGOTSHA: Yes, I am the Chairperson of the ANC.

MS MAYA: Do you think that the burning down of your house has got any connection with you being a member of the ANC?

BUYISILE SAMUEL SANGOTSHA: I can say so, because the people who burnt down my house they were always calling the police when we have meetings.  The police would come and tell us not to have meetings in the township.

MS MAYA: Were these people members of any organisation?

BUYISILE SAMUEL SANGOTSHA: Yes, because at that time the headman were abolished in the township.  They then joined ADM, but after Gqozo they joined PAC.

MS MAYA: Please continue.

BUYISILE SAMUEL SANGOTSHA: The damage at home, because my house was a five-roomed house, it was fully furnished.  It had bedroom suites, dining room suites and lounge suites.  There was also another room which had a bedroom suite where my children were sleeping.  Everything was destroyed.

MS MAYA: Where was your family at the time of this incident?

BUYISILE SAMUEL SANGOTSHA: My family was not there, because everybody was at work.

MS MAYA: Nobody was injured?

BUYISILE SAMUEL SANGOTSHA: No, nobody was injured.

MS MAYA: When was Mxolisi killed?

BUYISILE SAMUEL SANGOTSHA: Mxolisi heard about this when he was in East London at work.  When he heard that his home was burnt down he went there, it was on Saturday, to examine the extent of the damages.  On Sunday he was going to visit a friend at night.  He came to me at night on the Sunday, as he arrived on Saturday examining the damage to the house.  On Sunday he was coming back from his friend.  It was at about 11 at night, if I am not mistaken.  He then said that Ord Zokoza and Wede Simon were pointing guns at him trying to shoot him.  He managed to escape, because his friend had a girlfriend in the house.  This girlfriend cried, they then went out to the next door house.  This house was a shebeen.  His friend then went out to the shebeen to look at them.  They were drinking.  He came back to the house.  He told him to run away, because these people were drinking next door.  He managed to go back home.  We then spent the night in my neighbour's house.
 In the morning, it was on a Monday, he said that he was going back to work.  He said that he will buy clothes and blankets for me in East London.  He went, he left trying to catch an eight o' clock bus.  I was to take a taxi to Bisho for a check-up that same Monday.  When I was in the taxi rank I heard that there was a noise on the other side.  I asked what was happening.  The people said that there were people fighting.  I took a taxi.  When I arrived in town one young man said that it was Mxolisi.  He was being attacked by young men from Bhele location.  I asked whether he was still alive or not.  They said that he was dead.  He was covered by a blanket.  I went to Bisho, because when I heard this I was in town.  
 When I came back I heard that Mxolisi was taken by the police to the mortuary.  I asked what happened.  I was told that when he was going to the bus stop he was attacked by Msikeleli Ntsotho together with Luzitie and Zuzo and Koleli Pokothi and Mankeya Mzimkuli Gilenzoto, they shot him.

MS MAYA: Are these people the same people who burnt down your house?

BUYISILE SAMUEL SANGOTSHA: Yes, he ran to Sifakie's house.  Fikiswa then took him outside.  They arrived and they shot him.  They dragged him to the street.  Msikeleli then saw that he was still alive.  He came back and he shot him dead.

MS MAYA: Was Mxolisi an ANC member?

BUYISILE SAMUEL SANGOTSHA: Yes.

MS MAYA: After he was killed were these people arrested?

BUYISILE SAMUEL SANGOTSHA: No, they were not arrested.

MS MAYA: Was there a court case?

BUYISILE SAMUEL SANGOTSHA: No, there was no court case.

MS MAYA: Up until today?

BUYISILE SAMUEL SANGOTSHA: Yes.

MS MAYA: Did you report this incident to the police?

BUYISILE SAMUEL SANGOTSHA: Yes, we reported this to the police.

MS MAYA: Which police station?

BUYISILE SAMUEL SANGOTSHA: Tamacha Police Station

MS MAYA: But nothing happened?

BUYISILE SAMUEL SANGOTSHA: No, nothing happened. I would go to the police station and ask them what was happening.  They would tell me that I must come back, but nothing was happening.  We then went to the detectives in Zwelitsha.  They said that they will investigate, but up until today there was no court case.

MS MAYA: Did you go to any attorneys for help?

BUYISILE SAMUEL SANGOTSHA: No.

MS MAYA: You received a settlement amount from the Government?

BUYISILE SAMUEL SANGOTSHA: Yes, that is correct.

MS MAYA: But you said that the money was not enough, because you did not manage to buy the furniture?

BUYISILE SAMUEL SANGOTSHA: Yes, that is so.

MS MAYA: What is your request then to the Commission?