Human Rights Violation Hearings — Newcastle — 1996-09-10

WITNESS:   he is an attorney who was brought to me by Mlaba.  He is also in Durban.

MR LAX: In Durban?  We know who you're talking about.

WITNESS:  He was also representing Vusi Khumalo.  You can get all the information from him with regard to Dumisani's death.

MR LAX: Now, one last question.  Have you had death certificates in respect of your wife and in respect of Dumisani?

WITNESS:   I do have it, but I don't have it in my possession presently.  My girl says she was - they said the cause of her death was fire.

MR LAX: Mr Kubheka, they have already asked you questions, but there is one thing that I just want to clarify.  How old are Dumisani's children?  Tell me whether they are attending school.

WITNESS:   The eldest one is in standard seven.  She is 14 years old.  Nxolisi is 13 years old.  He's in standard three.  Siphilele is nine years old and is in standard one. One other thing that I want to ask you about the children.  Are they getting any support or are they -

MR LAX: their mother is getting any support from the welfare?

WITNESS:   No, they are not getting any.

COMMISSIONER: (Inaudible) ... here today with your children.  You have given us a very vivid description of what life was like for you in Madadeni township in 1986.  As Father Shange has said, before 1984/1985 townships around Newcastle were peaceful, and it was in 1985 and 1986 that trouble really started, and we can see through the very clear descriptions ... (intervention)

WITNESS:   He was speaking the truth.

COMMISSIONER: ... that you have given us that 1986 onwards were bad years in Madadeni and Osizweni.  You suffered ongoing harassment from members of the South African Police, the KwaZulu Police and members of Inkatha.  Your house was attacked, petrol bombed.  This led to the death of your wife shortly after the petrol bombing of your house.  Your son's car was burned.  Your house was continued searched by the police.  Your children were detained, and eventually your son was shot.  And it's a tribute to your strength that you and your family were able to come here and repeat this story, to relive all those memories from 1986.

COMMISSIONER: As I've said before in many areas that we've been to it's tragic that members of the police, the KwaZulu Police and the South African Police, who were trained and were meant to protect citizens, and to uphold the law, that they engaged in these unlawful activities, and that they assisted certain members of the IFP that you have named  and contributed to your harassment.

COMMISSIONER: We note the request that you have made of the

COMMISSIONER: Commission that you require assistance for your son's children, and that you want the perpetrators named, and you want them to come forward to explain why they did these things to you and your family.  We don't have the power to - we as a commission don't have the power to award scholarships or bursaries, compensation, but we will be making recommendations to the President as to how we think people in your position should be assisted, and we will be making those recommendations.

COMMISSIONER: So we thank you very much for coming in today and giving us that very clear picture, and we wish you and your family well.  Thank you very much.

COMMISSIONER: (Incomplete) ... Buwisile.  The second one is Earnest Bheki Mnyazana.

COMMISSIONER: What is Buwisile doing?

WITNESS:   He is a teacher.  Earnest is also teaching.  Then James.

COMMISSIONER: What is James doing?

WITNESS:   James is a driver for the hospital.  Then there's Excellent.  Excellent is also a teacher.  And then there's Blessing.  He is the one who disappeared.  Then there's Madoda Spice.  He is a driver at 'Maritzburg.  I also do have daughters-in-law.

COMMISSIONER: Thank you very much for the brief picture that you have just given us.  Could you please tell us about Blessing's disappearance.  That is from the time when he was at Ohlanga, where he was an active member of the students organisation.

WITNESS:   He was a student at Ohlanga High School in Durban, and he participated in the students boycotts which took place in 1976, and that's when he disappeared.  Before he disappeared they were arrested at Ohlanga High School during those boycotts.

COMMISSIONER: Just to remind you, this boycott, did it have anything to do with the June 16 boycotts?

WITNESS:   That is correct.

COMMISSIONER: Were they supporting the Soweto students?

WITNESS:   That is correct.  They were arrested by the police.

COMMISSIONER: When Blessing was arrested what happened to his schooling?

WITNESS:   He was taken to the police at KwaMashu Police Station.  They later released him to go and write his final year exams.  He was doing standard 10 at that time.

COMMISSIONER: Did he write his final year exams?

WITNESS:   That is correct, he did, and he passed his matric.  He came back home after writing the exams.   At the time when he was at home what was he doing?  ---   He used to go to report to the police on a daily basis.

COMMISSIONER: Who was he reporting to?  What sort of police were these?  Were these SAP Police or Flying Squad?

WITNESS:   It was the SAP.  It was at Madadeni Police Station.

COMMISSIONER: When he reported at the police station what was he reporting for?

WITNESS:   They were told that they had to report because they were released on their own recognisance, and they did not want to keep them in gaol so the conditions for his release were to report on a daily basis at the police station.  They reported once a week - twice a week.  He would go on a Tuesday, as well as on a Thursday.

COMMISSIONER: So he reported twice a week at the police?

WITNESS:   That is correct.

COMMISSIONER: Was this a conviction or was it a condition of his release?

WITNESS:   I think so, I am not sure, because the case was remanded at that time.  He had not yet been convicted, so these were the conditions I think.

COMMISSIONER: So he stayed at home during the holidays, reporting to the Madadeni Police on Tuesdays as well as Thursdays.  Then can you please tell us what happened thereafter.

WITNESS:   Towards Christmas time, whilst he was still reporting at the police station, just when we were approaching the festive season, he stopped reporting at the police station and he disappeared whilst at home.

COMMISSIONER: Do you remember the day, the month, as well as the year on which he disappeared?

WITNESS:   It was on the 22nd of December in 1976.

COMMISSIONER: According to your statement you pointed out that you did not suspect anything amiss before his disappearance.

WITNESS:   Yes, that is correct.  It was just like any other day.

COMMISSIONER: When did you discover that he had disappeared?

WITNESS:  We went to sleep on that day, and on the following day we realised that he was not up, because he used to be up and about quite early in the morning, and we went to check in his room as to what was happening.  That is at the back rooms, an outside building.

COMMISSIONER: You can continue.

WITNESS:   When we got into his bedroom the door was closed but the room was not locked and we went inside.  And we discovered that his clothes were not there.  Each and every one of his belongings, especially clothes, were not in his wardrobe.  We reported this matter to other members of the family, that my son had disappeared and we didn't know his whereabouts.  We further went on to report this matter to the police that my son had disappeared.

COMMISSIONER: Which police station did you report to?