Human Rights Violation Hearings — Newcastle — 1996-09-12

MR LAX: (Inaudible) ... was there any subsequent actual case that happened, or an inquiry of some kind?

WITNESS:   There was no inquest.

MR LAX: Thank you.

COMMISSIONER: Mr and Mrs Maphumulo, thank you both very much for coming in today.  It's a terrible thing to have lost three children, especially in those tragic circumstances.  In your statement you said that you do not have words to describe the pain and the sorrow of losing three children, and we sympathise with you and your wife very much.
This thing, this terrible incident, happened in Katlehong in Gauteng, where you were living, and we know the political intolerance  between the IFP and the ANC was not limited to this place, but it spread, particularly to the East Rand.  You said that after the death of your  children you were assisted by members of the IFP and the ANC, and that neighbours from both these parties attended your children's funeral.  And it is ironic but encouraging that in that time of grief that people were able to come together.
We know that this incident will leave you sad, it will leave you with sadness that won't leave you, but we hope that you are able to progress, and to use your age and your stature and your maturity to continue working to bring both sides together, because, as you know, political violence of this nature brings nothing to people except misery and grief, and we hope that if anything is learnt from this that it is that people should - despite their differences they should live and work together. 
So again thank you very much for coming in and sharing your story with us.  Thank you.

COMMISSIONER: Mr Buthelezi, we welcome you here today.  Can you hear me?  Can you understand me?

MANDLA DOUGLAS BUTHELEZI: Yes, I can hear you.

COMMISSIONER: (Inaudible) ... not able to come yesterday when many other people from Osizweni township came.

MANDLA DOUGLAS BUTHELEZI: Yes, I was at a meeting.

COMMISSIONER: (Inaudible) ... to fit you in today.

MANDLA DOUGLAS BUTHELEZI: I appreciate the opportunity.

COMMISSIONER: You have come to tell us about the attack - burning of your house in April 1993.

MANDLA DOUGLAS BUTHELEZI: I can't hear.

COMMISSIONER: Can you hear me now?  You have come to tell us about the attack on your house in April 1993, is that correct?

MANDLA DOUGLAS BUTHELEZI: That is correct.

COMMISSIONER: (Inaudible) ... story do you want to stand please and take the oath.

MANDLA DOUGLAS BUTHELEZI: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Thank you.  Mr Lax will assist you.

MR LAX: Good morning, Mr Buthelezi.  Thank you for coming and welcome.  Before we go into your story can you tell us a little bit about your family?  Are you married?

WITNESS:   I have got a large family.  I have got 12 children.  I have a wife, as well as a mother.  My mother is still alive.  But I have not brought my family along because they are very emotional, and I did not bring them with because I do not cry when I speak.

MR LAX: We hear you.  If I may say this it's not - there's nothing wrong with crying if the story is sad for you, so just feel at ease and feel that if this thing gets tough for you it's quite all right for you to cry.  We don't mind that in this place.  At the time in April 1993 you were living at Ngagane in Newcastle, is that right?

WITNESS:  That is correct.

MR LAX: If I understand your statement correctly there was conflict between the Inkatha Freedom Party and the African National Congress in that area at that time.

WITNESS:   That is correct.

MR LAX: If I can also assist you, it seems that the area that you were living in had people from both different groups living together.  Is that right?

WITNESS:   That is correct.

MR LAX: Now, you yourself at that time, were you a member of any political party or involved in any political organisation?

WITNESS:   Yes, I was involved in politics, and I am still involved even now.  I am a member of Inkatha.

MR LAX: (Inaudible) ... you were the branch chairperson at that time.

WITNESS:   That is correct.

MR LAX: Now, please tell us what happened on the 24th of April 1993, and in doing so if you can just give us some of the context that led to the attack on your house.

WITNESS:  In 1993 it was on the 24th of April.  It was on a Friday when Dumisani Nyawose's house was attacked.  I think it was at about 12 midnight, and as a man I went outside to investigate to see as to where the screams were coming from, and to see who was attacking.  Then I saw Dumisani.  He went past my yard, and I think he was going to my neighbour's place, that is Mr Mhlungu's place.  When he went past he said my will had been done.  I did not even pay much attention because I didn't know what he was talking about.  I had never sent anyone to attack members of the community.  Then on Saturday, the following day, police were called, and that Saturday I came to town to buy some groceries.  Then when I went back home in the afternoon I found that certain members of Inkatha were going to be attacked on that particular Saturday.  And I went to contact some other members of Inkatha to tell them and warn them that we were going to be attacked that evening.   And waited there, and then at about 12 midnight I was tired but I was not asleep because I could not sleep, and I heard some movement.  I could hear sound of shattering glass outside as well as gunfire, and I just woke up and jumped out of bed.  When I looked around I discovered that my house was on fire, and I woke my wife to take the child and run away with the child.  I told the children to escape through the back door, and I was left all by myself with Rex, that is my dog.  It was quite a vicious dog and it kept on barking, and they tried to shoot and throw stones at it.  Luckily I never got injured even though they were shooting at me.  I still don't have any telltales of what happened on that day.  We phoned the police and they said they did not have any vans, they could not come to my place.  When I went outside they ran away, and when they realised that I was not armed and I could not protect myself they came back and they went to my car.  They set my car alight.  They set my house alight as well, and they looted my groceries.  And they said they got Gatsha's dogs.  At about 2.00 am in the morning the police came, and when these police came a member of Inkatha was assaulted, and we did not talk much with the police.  They went to Mr Xulu's place because it was at night, and the members of the other group were running away and being chased by the van.  They proceeded to another house, and each time the police were running around trying to save the people who were being attacked.  The following day was a Sunday, and we got rumour that many Inkatha members' houses had been attacked and burned.  That is the sort of harassment that I got and went through, and later on my dog was killed.  And I opened up a case with regard to the killing of my dog.  The case number is CR 12240/93, and I brought the matter to the Newcastle Police Station.  It was the case of the burning of my car, the killing of my dog, but nothing was done.  They can laugh if they want to, I do not care.  I had saved my dog before, because the previous owner of that dog was going to kill the dog.

MR LAX: Please do not disturb the witness whilst he is rendering his testimony.  There are certain things which may sound as jokes, but please these are very serious issues.  Let's not make them trivial.