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

CHAIRPERSON: Thank you Reverend Xundu.  We are starting our second-last hearing in this region, the region of the Eastern Cape.  We welcome our witnesses this morning.  I would like to let you know that our programme for today will use mostly the Xhosa language.  Those people who have problems with understanding Xhosa, there are earphones available just behind us, behind these interpretation booths.  For those who do not understand Xhosa we request to get those and turn to channel, what channel is it?

JUNE CRICHTON: Two.

CHAIRPERSON: The interpretation, channel two for the English translation of our proceedings.  Most of our proceedings will be carried in Xhosa.  Those who are going to be using the earphones we kindly request them, please, to return them at the end of the hearing.  They have a tendency of exploding if they are taken out of this hall.  We now are ready to begin.
 We welcome those who are going to give evidence before the Commission today.  There are members of the Human Rights Violations Committee.  From my left there is Ntsiki Sandi, Advocate of the Supreme Court and then Tiny Maya, also an Attorney.  June Crichton on my right who worked for the Black Sash and then we have, lastly, Reverend Xundu from Port Elizabeth, a Reverend in the Methodist Church.  I am Reverend Finca from Alice.  Would Ms Maya please read the programme for us so that we can start.

MS MAYA: Thank you Mr Chairperson.  Mr Chairperson, I am going to read to you the victims' names and the witnesses that are going to appear before the Commission today.  This is the list.  It might change here and there, but we will clarify everything.  We have four regions, Alice, Seymour, Berlin and King William's Town.  We have 27 witnesses.  I am going to read as they are going to appear.  I am going to read the witnesses name, the victim, the nature of the violation and then the area of where the violation took place and the year.
 Nopepengi Margaret Mnyape is going to talk about herself.  She was ill-treated in King William's Town.  She is also going to talk on behalf of Nonkosi Mnyape, Ntsikelelo Mnyape who were killed in King William's Town in 1991.  Buyisile Samuel Sangotsha who is going to talk on behalf of Mxolisi Sangotsha who was murdered in 1986 in King William's Town.  Maki Zokoza, who will be talking about himself, was tortured and severely ill-treated in King William's Town in 1992.  Mncedi Maguga, who will be talking about himself, tortured in King William's Town in 1992.  Simon Ndindi Funda was tortured and his property was destroyed in King William's Town, 1992.  Zondeni Veronica Sobukwe who will be talking about Robert Sobukwe who was ill-treated and eventually died on Robben Island.  Mxolisi Desmond Kiviti, who will be talking about himself, tortured in King William's Town, 1963 to 1981.  Pindile Albert Jekeqa talking about himself, tortured in King William's Town from 1963, 1975.  Daniel Paulos Nongena, who will be talking about himself, tortured in King William's Town from 1963 to 1975.  Makhi Boyi, who will be talking about himself, tortured, intimidated in King William's Town in 1963 to 1966.  Mvuzo Johnson Nongena, who will be talking about himself, tortured in King William's Town from 1963 to 1975.  Nontobeko Brenda Noto, who will be talking about Nomutile Gangqa, who was murdered in Alice in 1982.  Beatrice Tandiswa Maseti, who will be talking about Ndodiphela Caswell Maseti and himself, was murdered in Alice, 1992.  Beatrice's property was destroyed in 1992 as well.  Nombuyiselo Ntsiba Ngece and Umtetu Ngece will be talking about Nombuyiselo, Elby and Beauty Ngece.  Elby Ngayithini was murdered.  Nombuyiselo, there was an attempted murder where she is concerned.  This all happened in Alice in 1992.  Elizabeth Nowakhe Badi, who will be talking about Ben Badi, Nowinile Badi, Vuyokazi Badi who were murdered in Alice in 1992.  Nontsikelelo Badi, there was an attempted murder where she was concerned in 1992 in Alice.  Nomakhosazana Gladys Papu, who will be talking about Benjamin Papu, who was murdered in Alice in 1994.  Mkhululi Mvuzo, who will be talking about himself, tortured in Alice, 1992.  Livingstone Ngenaphi Ngqutywa, who will be talking about himself, tortured in Alice in 1992.  Cecilia Putunywa Ngete, who will be talking about Mafu Matiwane, who was tortured and eventually murdered in Alice, 1985.  Shepherd Lulamile Jawe, who will be talking about himself, he was tortured in Alice in 1985.  Eric Tembinkosi Maneli, who will be talking about himself, tortured in Seymour, 1991.  Sanele Wellington Sinam, who will be talking about himself, of his severe ill-treatment in Seymour, 1992.  Thembeka Cecilia Ntliziyombi, who will be talking Wellington Mzwabantu Ntliziyombi, who was murdered in Berlin in 1992.  Matongisi Willie Bangeli, who will be talking about yourself, severely ill-treated in Berlin in 1985.  Milile Iven Velakhe, who will be talking about himself, severe ill-treatment in Berlin, 1985.  Nombasa Lydia Nini, who will be talking about herself and Lulama Nini, who was murdered in Berlin in 1993.

CHAIRPERSON: Thank you Ms Maya.  Daniel Paulos Nongena and Makhi Boyi and Mvuzo Johnson Nongena, they have both mentioned Mr Donald Card as a perpetrator who violated their rights.  The Attorney representing Donald Card requested that these people be heard on Wednesday, because he could not appear today and tomorrow.  We, therefore, will hear of these cases on Wednesday morning.  Secondly, okay, let me put this in English so that if there are any representatives of other people they are also aware. Daniel Paulos Nongena, number nine in our order or proceedings, Makhi Boyi, number ten in our order of proceedings, Mvuzo Johnson Nongena, number 11 in our order of proceedings will all be deferred to Wednesday, because they alleged that the perpetrator was Mr Card and he is not able to appear before us today.
 Secondly, number 14 in our order of proceedings, Nombuyiselo Ntsiba Ngece will be represented, sorry, the perpetrator mentioned in that particular case will be represented by Advocate Redpa and we have agreed to arrange for him to appear before the Commission at 12 o' clock today or soon after 12 today depending on where we are in our schedule.  
 If there are any other legal representatives who are representing alleged perpetrators who have not announced themselves to the Committee, could they please do so and we will arrange for them to be heard as soon as we can agree on the time convenient to both parties.  
 Before we proceed we would like to give reverence to those who passed away.  If we could all stand up, please, so that we can read their names.  Nonkosi Mnyape, Ntsikelelo Mnyape, Mxolisi Sangotsha, Robert Mangaliso Sobukwe, Nomutile Gangqa, Ndodiphela Caswell Maseti, Elby Ngayithini Ngece, Nokuzola Yvonne Ngece, Ben Badi, Nowinile Badi, Vuyokazi Badi, Benjamin Papu, Mafu Matiwane, Wellington Mzwabantu Ntliziyombi, Zolani Dumile, Lulama Nini.  We give reverence to these, a moment of silence.  May they rest in peace, give them everlasting light, Lord, Amen.  
 We request that Nopepengi Margaret Mnyape come forward.  Number six on the proceedings for Wednesday.  Yes, number six.  We are going to hand over to Reverend Xundu who is going to swear you in before you give your evidence.

REV XUNDU: Thank you Mr Chairperson.  I will start with you Nopepengi Margaret Mnyape.  Will you please get up.

NOPEPENGI MARGARET MNYAPE: (Duly sworn in, states).

REV XUNDU: Thank you.

MAKALAN MNYAPE: (Duly sworn in, states).

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

CHAIRPERSON: Mr Sandi.

ADV SANDI: Thank you Mr Chairperson.  Mrs Mnyape and Mr Mnyape, as we were talking yesterday, we agreed that you will appear together today, because your evidence is related especially about the home incident.  Is that so Mrs Mnyape?

MRS MNYAPE: Yes, Sir.