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

UNKNOWN: Yes I knew that the first of May was going to be a public holiday, because it was Workers' Day, and also I knew that the policemen would be very aggressive, because they  did not like what was happening, because people were observing the first of May.  At the time, during that regime, that day was not accepted as a public holiday, but in the Transkei, unlike South Africa, it was accepted.

MR NTSEBEZA: What happened to the day when you could not obtain the opportunity to phone your husband, as you expected also for him to call back?

UNKNOWN: Again after nine, we phoned, and it was said, Phindile is away, nobody knows where he went to and he went to town and was not seen since then. And the person who gave us this information, didn't say what his name was. I was taken aback and I also confirmed that I indeed knew that he went to town.

MR NTSEBEZA: So you confirmed that your husband could
indeed have phoned long ago?

UNKNOWN: The person also said that they went looking for him at the police stations but will go on looking for him and try to find him the next day when they did not have classes, as it would be a public holiday.
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MR NTSEBEZA: How did you feel when you learned that your partner had disappeared?

UNKNOWN: I was shocked now and I tried to communicate with Temba Sangule, but it was said he was in Durban. I left a message with his wife that she should please inform him that this had happened because it had now become a problem for me.   So the message was also given to somebody who was going to Durban and this person was honest enough to convey the message to Temba.  Again it was also confirmed that Phindile has disappeared.

MR NTSEBEZA: So do you not know the one who is his lawyer in Transkei?  Was he also attending the university and was he also a friend to him?  Was he also a friend and a lawyer to your husband?

UNKNOWN: Yes it is so.

MR NTSEBEZA: What of the children and how old were they at this time?

UNKNOWN: The eldest was about 15 years old, he was already aware of some of the things, and the little one also was aware of the happenings in our country.

MR NTSEBEZA: What did you say to them?

UNKNOWN: The eldest son was the first to receive the message, the little one, I had to explain to him what was happening. They didn't accept what was happening and couldn't believe that their father had disappeared. My
younger child was very troubled at the start of the winter 
vacations, because we could really confirm that their father was not there.
    Was there anybody who tried to assist you like King Berman, trying to assist you in this predicament?

UNKNOWN: You know, I approached them in Durban, Temba EAST LONDON  HEARING TRC/EASTERN CAPE
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arranged transport for us to go and look for him, we went also to where the people are being taken, we also went to the mortuary, to see if we can't find his remains there.  There was also a message that there was a request that there should be a member of the family who should come and give a description of the person who had disappeared.  We went to the mortuary, we didn't get him, we went again to the police station to give our statement and an account of what has happened.  We also checked his belongings and I could see that everything was there, but there was something that he could not leave behind for quite a long time, his spectacles.  They were there.
 His pipe, he was a heavy smoker as he smoked to calm his nerves, but those two items, spectacles and pipe were the ones that caused concern to me.  His sandals  were not there and a pair of trousers and a lumber jacket is not available.
 Then these brought concern to me because I knew that if he was going for a long distance or for some time, I knew that he would not go on sandals only.  When he was released from the police station from detention, he had this pain where always had to be rubbed because he had a slight injury, so he never returned ever since.

MR NTSEBEZA: Did he disappear that time as a last time when he talked to you at Smart Centre?

UNKNOWN: Yes, that was the last day when he said he was taking his pair of trousers for alterations.

MR NTSEBEZA: There's a letter that I'd like to show you which I think is important and I'd like you to read it for this audience.  This letter shows the struggle and the efforts which the people tried to show support and lend
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support to you.

UNKNOWN: Where does this letter come from?

MR NTSEBEZA: It was a letter from the South African Institute of race relations written to Brigadier A M Llas. It is at Ulundi.

UNKNOWN: In which year was this letter written?

MR NTSEBEZA: It was written on the 17th November 1988.  It was a year after your husband's disappearance.  Could you please read this letter to the Archbishop and this Commission?  They tell us what Kane Berman wrote in the letter.

UNKNOWN: ( Reading letter)
"Re: Phindile Mfeti, date of birth 15.12.1946      I write to you in connection with the above student who was studying for a BProc degree at the University of Natal from February 1985 to May 1987, on a bursary supplied by the government of the Netherlands and administered the Peace Institute. His address at the University was M S Jansen Hall.                                      He disappeared without trace in May last year, and wife who lives at 258 Nsobongo Street Butterworth, Transkei confirmed that he is still missing.  It appears that the last time his wife heard from was his ...(indistinct) was when he telephoned from in May from a shop to say that he was on his way back to the University.  She had evidently made enquiries at hospitals, mortuaries and police stations but so far without results.              It occurs to us that at the time of his disappearance Mr Mfeti may have been visiting a
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township falling under the jurisdiction of Kwazulu.                                          I should be extremely grateful if you could direct that the necessary enquiries are made to ascertain whether the Kwazulu Police have any information as to what might have happened to Mr Mfeti.          Yours Sincerely                                   J S K Berman                                   Executive Director ".

MR NTSEBEZA: Was there an answer to that letter from the University of Natal from the police?

UNKNOWN: Yes.

MR NTSEBEZA: I want to show you then two letters.  These are very short, read them because we want to understand what was the reply.  What they said your husband was.
 Start reading, University of Natal, which is a report.

UNKNOWN: (Reads)
"The Executive Director, South African Institute of Race Relations. P.O.Box 31044 Braamfontein.    Dear Mr Kanes Berman                              Your enquiry about Mr Phindile Mfeti refers.     The enquiry is directed to the warden of the N S Jansen Hall and the Faculty of Law, as well as reference to our records of examinations return, have failed to produce any knowledge of Mr Mfeti
 on the University Campus after May 1987.          I regret the delay in replying to your letter.    Yours Sincerely
 Professor B F de Wet                              Registrar."

MR NTSEBEZA: Read now the second one from the police.
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