Human Rights Violation Hearings — Pietermaritzburg — UNKNOWN

MR LAX: (Inaudible) ... the police came there looking for guns.  One of them assaulted you with his gun and you fell to the ground.

WITNESS:   Yes.

MR LAX: Another one of them started jumping on you.

WITNESS:   Yes.

MR LAX: (Inaudible) ... his feet, is that right?

WITNESS:   Yes.

MR LAX: (Inaudible) ... bleeding after that.

WITNESS:   Yes.  Yes, I started bleeding through my nose and my mouth.

MR LAX: (Inaudible) ... and you went to the doctor and were treated for that.  In fact you went to the hospital you said.

WITNESS:   Yes, they took me to hospital, but before they took me to hospital they took me to Mr Thomson, who was my doctor.

MR LAX: Mr Thomson, where does he practice as a doctor?

WITNESS:   In Camperdown.  He said, "Why are you bringing him here because he is really injured.  You must take him to hospital."

MR LAX: (Inaudible) ... did you get taken to?

WITNESS:   'Maritzburg Hospital.

MR LAX: (Inaudible) ... three or four hospitals in Pietermaritzburg.  Was it Edendale Hospital, or Greys Hospital?

WITNESS:   Near Imbali.

MR LAX: Near Imbali.  Okay.  Is Dr Thomson still practising in Camperdown?

WITNESS:   Yes, he is still there.

MR LAX: (Inaudible) ... be able to help us to track down the date of this incident.

WITNESS:   Yes, even the police, the one who took me to Dr Thomson, can be of help.

MR LAX: (Inaudible)

WITNESS:   I don't know his name, but I can show you.  I can recognise him if I see him.

MR LAX: (Inaudible)

WITNESS:   Webber Police Station.

MR LAX: (Inaudible)

WITNESS:   Yes, Webber Police Station.

MR LAX: Thank you.

UNKNOWN: (Inaudible) ... because we don't have enough time.  Mr Dladla, who is Mfanafuthi?  Is he still a policeman?

WITNESS:    Yes, he is.  I usually see him, but he is still a policeman.  He is now working in Durban, and I just - I think he's at Umlazi.

UNKNOWN: This Commission will try and investigate.  Your testimony it's more like Job's story in the Bible, and we sympathise with you, and we would like to know if you are going to doctors, both of you, you and your wife.  Are you seeing psychologist, psychiatrist?

WITNESS:   Yes, I do go to doctors, but because I am a pensioner I can't be a regular doctor's customer.  My wife as well she does go to see doctors, but because of money we don't go all the time.  And we also have daughters.  Our daughters are also our responsibility, and this one woman took her son, which is my son's son, my late son's son, and brought it to me, and now I am having this responsibility.  I am taking care of  my grandchildren with my pension.  And my other kids are still at school, and I think they were mentally disturbed and I wish that my kids should go to multiracial schools.  One is in standard eight, one in nine, one in standard seven.

MR LYSTER: Mr and Mrs Dladla, it's difficult to know what to say to you today.  You have raised four children and you have buried them.  Two of them were killed by members of the Inkatha Freedom Party, a third was killed by a member of the KwaZulu Police, and a fourth was killed by criminals, who thrived on the political divisions in Mpumalanga township.  This is a terrible burden for you to carry, and we extend our deep sympathy to you, and to the many others who have lost children in the cause of freedom in this country.

MR LYSTER: We are glad that you and your wife could come here together to support each other.  You are both victims of human rights violations as a result of the suffering that you have undergone, and we will be making recommendations to the Government as to how people like you should be assisted.  We will also be following up why people like Mfanafuthi Ngubane are still serving in the police force.

MR LYSTER: Thank you very much for coming today, and thank you for telling us your story.  Thank you.

WITNESS:   Thank you.

MR LYSTER: (Inaudible) ... properly through the microphone.

MR XABA: I can hear you.

MR LYSTER: (Inaudible) ... to give your story today.  You are also from Mpumalanga, which is where Mr Dladla came from, an area which suffered terrible human rights abuses, particular 1988, 89 and 90, and this story that you will tell relates to the tragic killing of your wife, Mrs Xaba.  Before you give that evidence please will you stand and take the oath.

JOSEPH MANDLA XABA: (Sworn, States)

MR LYSTER: You have brought someone with you onto the stage.  Is that one of your children?

WITNESS:   It's my son.

MR LYSTER: He is just accompanying you and giving you support, is that correct?

WITNESS:   We don't stay together so he has his part.  He wants to say his piece.  I would like him to speak because we don't stay together at the same place.

MR LYSTER: (Inaudible) ... people who have not given a statement beforehand, but if he just wants to add something very brief then we will permit him to do so.  But please bear in mind that we have another six witnesses to hear after you.  Mr Xaba - are you also Mr Xaba?  Will you also stand please and take the oath.

BUSISO XABA: (Sworn)

MR LYSTER: Mr Xaba, I am going ask Dr Mgojo, my fellow Commissioner, to assist you with your evidence.  Thank you.

UNKNOWN: How many children do you have?

WITNESS:   I can't hear you properly.

UNKNOWN: (Inaudible) ... who has accompanied you.  Have you got any other children?

WITNESS:   No, all of them died.

UNKNOWN: Were they sick?

WITNESS:   No, all of them lived a very short time and died.

UNKNOWN: Before this incident took place, that is the death of your wife, is there any political group that you belonged to?

WITNESS:   Yes.

UNKNOWN: Would you tell us a bit more about it.

WITNESS:   It was the ANC.

UNKNOWN: What was your wife's name?

WITNESS:   She was Phillipina Duduzile Xaba.

UNKNOWN: Just tell us what happened on the 25th of August 1988.

WITNESS:   This started even before that.  In 1988 she died, but there are certain occurrences that preceded her death.  That was from 1985 up to 1988.

UNKNOWN: Will you just tell us briefly.

WITNESS:   In 1985 we were harassed because I belonged to the ANC and the Hammarsdale area was an Inkatha stronghold.  There was another man.  He has already died.  His name is Zakhele Nkehle.  He was the leader of Inkatha in that particular area.  He was the one whose music they danced to.  He was staying at unit 4, Lithiye.  That's the area which had a lot of problems, where my son Zakhele was chased out of the school.  He couldn't get a school in 1985.  Thereafter Zakhele Nkehle made an oath and swore that we thought we were better people because we were ANC members.  Then he said I should bribe him in order to be able to stay peacefully at Hammarsdale.  I told him I wasn't able to do that.  In 1986 there was a split between our union, NTW, so we formed our own union called TAWU.  Unfortunately I was elected as the president.  That is when Zakhele Nkehle and Mr Sishi came to me and told me that if I didn't want to bribe him I was going to have a very difficult life in Hammarsdale.  Police kept on coming to my place to raid, and by then my son wasn't there any more.  And they used to come and confiscate things in my house.  Now I couldn't live peacefully.

UNKNOWN: What's your son's name?