Human Rights Violation Hearings — Mooiriver — 1997-05-28

CHAIRPERSON: Perhaps he can just remind you, but if it's necessary for him to say one or two words maybe he should also stand up take the oath if it's necessary for us to refer to him.  So, first we'll start with you.  You don't have to stand up because we can see you have difficulty doing that.

NOMTHANDAZO EMILY MAJOLA AND BONGINKOSI MAJOLA: (Sworn, State)

CHAIRPERSON: Mrs Majola, aside from Derek do you have other children?

WITNESS:   Yes, I do.  Some of them died.  In fact all of them died except I am remaining with Derek's children.

CHAIRPERSON: How many children ... (inaudible) ... Derek and how many others?

WITNESS:   Five children are Derek's and three of them are my late daughter's children.

CHAIRPERSON: (Inaudible) ... as we know, and as you will tell us, died in the violence here in Brandville.  How did your other children die?  You said your late daughter's children.  How did your daughter die?

WITNESS:   We had run to 'Maritzburg, but she was killed in 'Maritzburg.

CHAIRPERSON: Was that in a criminal action, or was it related to politics, or was it a motor accident, or how did she die?

WITNESS:   I am not clear, but she was killed by a certain man from the Mchunu family.

CHAIRPERSON: Okay.  So at the moment you are living with your grandchildren.

WITNESS:   Yes, I am staying with grandchildren.

CHAIRPERSON: Do you get pension?

WITNESS:   Yes.

CHAIRPERSON: Can you tell us something about Derek then, and tell us what led to his death.

WITNESS:   Derek had been asked to be a member of the Council, the Council Civic or Civic Association, and thereafter they killed him.

CHAIRPERSON: Did he serve as a member of that Civic Association?

WITNESS:   Yes, he did serve.

CHAIRPERSON: And in fact was he - did he hold office on that Civic.  Wasn't he the chairperson?

WITNESS:   He was dealing with the matters in Brandville.  I don't know how to describe his position.  I am not able to tell you.

CHAIRPERSON: (Inaudible) ... and he can fill us in.  What information do you have about how he died?

WITNESS:   I was at home.  My home is opposite where I was staying, and it was in the evening at about eight or quarter to eight.  We heard a very loud noise from outside and we went out to investigate, and we saw people running away, and at that time we heard some gunfire as they were running away.  It was himself and three other children, as well as his wife, that's my daughter-in-law.  It seems as if Derek went out with a child and said he was going to Zondi's place, but he never reached Zondi's place.  He was shot, and he came back into the house and got into the bedroom of another child who was lying on the bed sick, having a toothache.  And when he got there according to the child the child saw him after he had been shot, and the others got into the other rooms who were escaping.  There were three children, and there were two with my daughter-in-law and there was one in the other room where Derek ran.  They got in and they shot at random.  By the time I went out to investigate I saw four people leaving the house.  There were about four of them who were getting out of the house and they were crossing my garage, or they went across my garage.  And as I approached I could hear something falling with a thud, and when I investigated it was him.

CHAIRPERSON: (Inaudible) ... happened to him?

WITNESS:   He had fallen down, and we tried to get some transport to take him to the hospital.  We couldn't get a car because the roads were blocked.  They had dug holes in order to instal some pipes, some underground pipes, so the cars had no thoroughfare.  And we came across another car.  We wanted to take my daughter-in-law to the hospital, or to accompany her, and they told me that Niehaus had been there, and Niehaus had come to take the body.  I don't know as to who told Niehaus that there was a person who had been shot, and he had left a stern message that we should not touch the body.  And we went to the hospital, but along the way to the hospital she died.  And Dr Bhayat came.  He also confirmed that she was dead.

CHAIRPERSON: And what was it that Derek had died from?  Was it gunshot wounds or what was it?

WITNESS:   Yes, it was gunshot wounds.

CHAIRPERSON: And do you know who did that?

WITNESS:   No, I do not know, because when I - there were rumours that we heard from a certain person by the name of Mchunu that there is a certain person who wanted to buy a vacant stand, but he could not purchase that stand.  And apparently a certain man from Estcourt said he was going to talk to the residents of that area as to whether they gave permission for that person to purchase that vacant stand, and they hadn't yet spoken to the residents.  Then one day when we were in the house, together with a certain female from Majola's house, when he got out of the house they accosted him.  They wanted to shoot him but they missed him.  And we went to report the matter to the police and they asked us as to whether he was dead.  We said no.  Then they said they couldn't get involved with any matters where people were not dead, they will only talk when he is dead.

CHAIRPERSON: Do you remember which policeman said that?

WITNESS:   I do not know.  I think my girl would know better, because she's the one who was there when we went to report the matter.  I am still trying to recall her name.  Niehaus is the one who was in charge at that time, but I don't remember who I spoke to - or who we spoke to.  Because I was working there, but I think at that time I had already stopped working there because of ill health.  But I was told that he said he didn't want to deal with that matter because nobody died.  And when we - there's one person whom we were able to identify.  He was driving a bus, and when this happened he drove off in this bus and we could not identify the rest.  That bus was just standing there.  Nobody knows why.  Then my neighbours came out from the Mchunu family.  They said we could not chase people whom we did not know whether were armed or not, and they took the car, that is his car.   (Inaudible)   ---   The police from Harrismith - Ladysmith.

CHAIRPERSON: (Inaudible) ... why did they take the car?

WITNESS:   They said they were looking for the guns, and when they couldn't get the guns they came back to fetch the car.  They said the car was a stolen car.  And when we produced the licence, as well as the papers, they said it was a stolen car, but we don't know as to how it was stolen.

CHAIRPERSON: You also said in your statement that he was constantly harassed by the police before his death.  What did they used to do to him, the police?

WITNESS:   They would come almost every day.  At times they would fetch him from his workplace.

CHAIRPERSON: And what would they want from him?

WITNESS:   They said they were looking for guns, and he is the one who was in control of the guns because he was a prominent member of the ANC.

CHAIRPERSON: Was he in fact ever charged with any ... (incomplete - end of Side A, Tape 4) ... and as a result, or following on his death, was anybody ever charged or prosecuted?  Was there ever any court case, or was there an inquest?

WITNESS:  Thereafter we ran to 'Maritzburg.  We went to the 'Maritzburg Court.  I am still trying to recall the full details.

CHAIRPERSON: (Inaudible) ... that Bonginkosi would like to add?  Maybe he can refresh your memory.

WITNESS:   Yes, we went to court.  There were certain males who were arrested, though I don't remember their names.  They were arrested from the firm or the company, but they were later released, and that's where the matter ended.

CHAIRPERSON: So no one was ever convicted of his death?

WITNESS:   No.  They said Walter Mchunu made a request that he wanted to go and unveil his brother's tombstone.

CHAIRPERSON: What did that have to do with Derek's death?