Human Rights Violation Hearings — Queenstown — 1996-07-24

BONGANI FINCA: Ms Tiny Maya, over to you.

MS MAYA: Thank you Chairperson.  I greet you Ms Phaka.  In the story here in front of us, you are going to represent Vuyisile Phaka who was killed in your presence and in the presence of his children in 1986, and he was burnt in the house.
 Could you please explain to us how it really happened and why it happened?

SL PHAKA: It was on the 24th of April 1986, on a Thursday.  We were at home at 82A Sada, I was with Vuyisile and his two children, Bondiwe and Domboqolo.
 At about seven we saw a group of people who were coming, chanting songs and dancing and talking.
 When they got to the corner of our house, they stood still and they were dancing and chanting.  A short while thereafter they went up the street.
 After a time, we could still hear the singing and this time they were now stoning with - they had taken the stones from a nearby house, because there were some bricks there that were going to be used for building a house.

MS MAYA: ; How old were his children at that time?

SL PHAKA: Bondiwe was 11 years old and Domboqolo was 9 years old.

MS MAYA: What happened after the stoning?
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SL PHAKA: So Vuyisile kept there in the house and we were crying and people were trying to ransack the home, singing.  Ultimately one of them, called out asking for the car key.  Vuyisile was in the bedroom and I was moving in and out of the kitchen and the bedroom, looking after the children.
 Then I went to him in the bedroom and I told him that they were demanding for the car key, then he said ... (tape ends) ... had done whatever they had done to take it out of the garage and it was now in front of the kitchen.
 Then we saw the car burning.  The next minute I saw the children walking outside, then I called them in.
 I called them into the house.  Bondiwe said, Mama, they have instructed us to go outside.  So I went to Vuyisile, then I said, Vuyisile, the children are outside.
 Then he said, all right.  Then he said it is all right.  So I went back and I decided to talk to this people who were stoning and chanting to ask them what do they actually want.
 Then they said they wanted Phaka, they were desperate, they wanted Phaka.  And they asked me to go out because the house was burning.
 Then I saw some fire and I went out.  I did not even have the chance to go back to the room, I just went out.  The gate was locked, because we normally lock in the evenings.
 But I managed to squeeze myself out of the yard, and I had forgotten about the children because I was confused.  Then one of them said, here are your children.
 As we were standing with people still chanting, one girl talked to me and asked whether Phaka was my son.  Then I said, yes, it is my only son that I have.
 Then he said he was an informer, therefor I should hand QUEENSTOWN HEARING TRC/EASTERN CAPE
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him over to them.  Then I said, all right, I am handing him over to you, even to God.
 Then he said, don't pray.  Don't pray old woman, then I said, okay.  Then the house got burnt with Vuyisile inside.

MS MAYA: As the house was burning, Bondiwe and the younger sister - where were they?  Were they watching?

SL PHAKA: Yes, they were standing here next to me, watching.

MS MAYA: Where was their mother at the time?

SL PHAKA: Their mother is a nurse, was still studying.  Continuing with her studies in Cecilia Makewane and she had left the home in January and I had just come and visited them there in January, then I decided not to leave the children because their father too, was a worker and very busy.
 That is why I was still there in February.  In April I was still looking after the children in the absence of their mother.  Their mother was in Cecilia Makewane.

MS MAYA: Do you perhaps have any reason why your son was labelled an informer?

SL PHAKA: There is only one thing that was mentioned by this girl because I know nothing.  She said he was even inflating school fees and yet their parents did not have money.  He had been in service as a teacher for 15 years and 7 years as a principal.

MS MAYA: So he was still a principal at Luvyo Etsada?  Was he perhaps a member of any of the political organisations or the community organisations?

SL PHAKA: I think he was a member of the SNIP  organisation.

MS MAYA: Now could we go back a little.  Was this people who were chanting and you going outside, could you identify
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any of the people who were chanting?

SL PHAKA: No, because it was at sun set and I was new to the place, so I could not make out the people.

MS MAYA: Now what about the wife to Vuyisile?  Where is the wife to Vuyisile?

SL PHAKA: When Vuyisile died, he was building a house in Bisho, so the wife at the moment is in Bisho and the wife is working there.

MS MAYA: Are the children still attending school?  In what standards are they?

SL PHAKA: I see them frequently and they are still at school.

MS MAYA: Is there any other information you would like to tell us?  In fact let me ask you in another way.  What can this Commission do for you?

SL PHAKA: My wish is that this Commission should take care of my son's children because my son had high hopes for his children.  Unfortunately I am all by myself, so I was only his dependant.

MS MAYA: The people who burnt your son, do you know perhaps anything about them?  Were they arrested and perhaps taken to court?

SL PHAKA: No we did not lay any charge against them.  We did not open any case, but there was an article on the Despatch that indicated that there had been a court case, but this was not opened by us.

MS MAYA: Thank you Mama.

BONGANI FINCA: Revd Xundu, over to you.

REV XUNDU: Ms Phaka, I would like to ask the ages of this children at the moment.

SL PHAKA: Domboqolo was born in 1973, she is now 23 years
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old.  Bondiwe was born in 1974, on the 14th of September.  Themboqolo was born in 1977, in December.

REV XUNDU: What standards are they?  The first one, in what standard is he?

SL PHAKA: They are now in PE Technikon together with Bondiwe, the second one.

REV XUNDU: What about the third one, Themboqolo?

SL PHAKA: Themboqolo attends school in Cape Town, but I don't know the name of the school.

REV XUNDU: And how is their health?

SL PHAKA: Yes, they are enjoying good health as far as I know.

REV XUNDU: Thank you.

BONGANI FINCA: Ntsikelelo Sandi, over to you.

MR SANDI: What is the name of the mother of these children?

SL PHAKA: The name is Cynthia Nomathemba.

MR SANDI: Is she here today?

SL PHAKA: Yes, she is present.

MR SANDI: Thank you.

BONGANI FINCA: Ms Phaka, we thank you for coming forward with your story about Vuyisile, who is your son.  The only son you had who was killed painfully by being burnt because he was labelled an informer.
 This is a very painful story to us as the Commission and I also think it is even worse to you as the family.
 I think this story is an indication that our fight against liberation makes us to fight against the cruelty of apartheid, but it was also a very difficult fight.
 But it is evident that during this fight, there were mistakes that happened, made by some people which led to some things that were a disgrace to this great fight for 
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liberation.
 Because even if whatever happened, killing of the person in this manner, makes us to feel very unhappy and hurt.
 We have listened to your request as the Commission, we are going to see Ms Phaka the junior and investigate what happened actually.  Then if there is anything that the Commissioner could help you with, we shall make a proposal to the President.
 So we thank you for coming forward and we shall therefor ask you to go back to your seat.