Human Rights Violation Hearings — Umtata — 1996-06-19

CHAIRPERSON: I would like to state that you are one of the parents amongst many.  We know that each detail given here is unique on its own.  Yours is the same, because your sons were trying to liberate this country.
 Unfortunately they were ill-treated.  Some of yours disappeared, others got injured in the process.  The pain that you have been bearing for all these years, especially about the disappearance of your son, needs investigations, because it is more concerning and more hurting not to know where the person or the loved one is.  
 This Commission is committing itself that it will try to share this pain with you and then make attempts to support you so that you can be relieved of your pains, so that you can have somebody to bear the burden with you.  Is the person with you also going to give evidence?  Please stand up both of you.

LANDI NXIWENI: (Duly sworn, states).

LANDI NXIWENI: (Duly sworn, states).

CHAIRPERSON: What is your name?

LANDI NXIWENI: I am Landi Nxiweni.

CHAIRPERSON: Thank you very much.

LANDI NXIWENI: Thank you, Chairperson.
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MS MKHIZE: Mrs Nxiweni, I would ask you to tell the Commission a little bit about your family, which special forecasts on your son Phumezo Nxiweni.

LANDI NXIWENI: Let me first thank the Commission for this opportunity.  Phumezo is my son, he was the fourth born. We were blessed with my wife Dulcie, who originates from Nxobo. He was brought at Umzantaka in Xala.  He attended school in primary and secondary school at the same place and then he came to St Johns High School.  He then became a student in Fort Hare. He also went to Wentworth University in Durban in Natal.
 I was just realising that this child was just an ordinary child, but I was not aware that he was politically involved.  I started to notice that Phumezo was politically involved. In 1985 on the 11th of October, it was during the funeral of Matongondondo at Xala.  During that funeral I learnt that he was detained in Xala and he pretended to be ill and then he was taken to hospital.  That is where we were able to visit him and see him. 
 When we went to the police station, trying to look for him, I was chased away by the police.  Especially there was a policeman by the name of Magenenini in Xala.  He said to me this child has taken after you and then you must just go away.
 We looked for him, we even came here at Xaga in the police station.   I think it was four weeks when we saw him arriving and he stated that they were assisted by the students at Wentworth and the attorneys and that is how they were released.

MS MKHIZE: You said that you saw him growing up as a child.  Were there any qualities that you saw in him which maybe you UMTATA HEARING TRC/EASTERN CAPE
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would like to tell us about?  Any of his behaviour that showed him to be a person or who was special in one way or another?

LANDI NXIWENI: No, I didn't notice anything.  He was a very quiet man, he was always quiet. I taught him but you couldn't know him well.  That is why I was a bit surprised when I learnt that he has been detained. I never thought that he was in the struggle.

MS MKHIZE: (Speaker's mike not on) ... to what he shared with you on his release?   You said you became aware of his political involvement in 1985.  When he came out you said he said he was assisted by lawyers and students from Natal. Did he at that time say maybe he was a member of a political organisation, or if you can just tell us anything that he spoke about on his release.

LANDI NXIWENI: The person who knows him well is his elder brother. I think he will be able to give more details about his involvement. I am not quite well versed with what he used to do.

LANDI NXIWENI: During the period and on the day of the funeral of Matangondondo there were members of the UDF, the United Democratic Front.  During - that is why they were part of the funeral attendance.  They were all dressed up and they had a UDF uniform.  That is why they were easily identified by the police.

MS MKHIZE: After his 1985 arrest did he share with you as to what had happened?
END OF TAPE 2 - SIDE A - DAY 2

LANDI NXIWENI: We released that he was detained here at Norwood, it was the police station which is next to the Works & Energy Department.  He claimed that they were
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tortured severely and were asked about the activities which were taking place in Durban and Natal and also in Lamontville. The policemen tried to interrogate them as much as possible about those incidents.

MS MKHIZE: It is important for the Commission to get as clear as possible as to what exactly was done when they were torturing them.

LANDI NXIWENI: The highlights were the beatings and the strangulations and suffocation with the tubes.  Then also they were deprived of food.  When I learnt about their detention at Norwood, I bought some, a few things for them so that they can have tinned stuff, and the processed meat.  We were chased away by the police and we couldn't leave the foodstuffs. When he was released he also mentioned that most of the time they were deprived of food.

MS MKHIZE: According to the statement here, it is like he went back to the university, after his release in 1985, and in 1986 he was arrested again from the university residence where he was staying.  Have you any knowledge as to the circumstances around his second arrest?

LANDI NXIWENI: When he was detained for the second time in Natal, I met his friend, who used to frequent my place.  It is Matiwani Flats, it was next to the hospital.  This friend was from Butterworth and he was Mr Ghaso.  He gave me the information that they were a group of twelve and they were all arrested.  They were being accused and detained under the Sabotage Act.  Eleven of them and one of them, it was Dr Ramalakana, and many others.  Some of them were Indians, some Black people and Dudi Buthelezi who was also a girl who was amongst them.
 I went to Natal when I learnt about this arrest, and it UMTATA HEARING TRC/EASTERN CAPE
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was during this time when I realised that they were detained at CR Swart Police Station.  When I came to Natal, I was assisted by Dr Kukwana and Dr Nzo.  They were at King Edward at the time.  They gave me information about the students representative council and Wentworth and the UDF and the ANC, who are the - their members have already made arrangements to get defence for them.
 The only thing that I was expected to do was to meet those attorneys.  The first one was Dya Pillay and the other one was Bigashisi who was in the offices of the late Mr Griffiths Mxenge.

MS MKHIZE: Maybe I can ask you this, Mr Nxiweni, during this arrest, were you formally informed that your child is no longer at the university, by either the university or the security officers?

LANDI NXIWENI: There was no information at all by any university.

MS MKHIZE: Maybe you can then continue telling us whether you did meet with lawyers, what kind of information did you get around his arrest.