Human Rights Violation Hearings — Lusikisiki — 1997-03-26

CHAIRPERSON: We will now call Mr Barnabas Mbulelo Kekeni Ndleleni.

REV XUNDU: Will you please stand up Barnabas.  Please stand up Barnabas.

BARNABAS MBULELO KEKENI NDLELENI: (sworn states)

CHAIRPERSON: Mr Barnabas Mbulelo Kekeni Ndleleni, we welcome you to this Commission today.  Fortunately you were here when the mothers who were here, told us their story and I do understand that this was a court case and we would like you briefly to tell us about your side.
 Reverend Xundu will lead you with questions on behalf of the Commission.

BARNABAS MBULELO KEKENI NDLELENI: Thank you Mr Chairperson.  My view is that all this conflict between myself and Mrs Tabalaza, when I got my taxi certificate - when my taxi, on my first day to use my taxi, a police came and they took out people from my taxi and they wanted to see my certificates and I showed them my taxi certificates.
 I said to them I have been transporting people for a long time without a certificate, why are you coming to ask me today.  They said that Mrs Tabalaza has sent her brother who was a police man that I was not supposed to transport people in that area, but we continued to transport people in that area.
 I saw, after a while people were not taking my taxi,
they were not using my taxi and I asked them why are you not using my taxi.  They told me that Mrs Tabalaza said that you are disturbing her in the business and even people go to  your shop to buy.
 I said to them the Government gave us facilities to work together, I don't know why you are being disturbed by what Mrs Tabalaza has told you.  My taxi was transporting people and after a while, in 1990 on the 17th if I am not mistaken, the Headmen's house was burnt down.
 The Headmen went to report because he did not understand all this.  The police promised to investigate.  When time goes on, up until the date when these houses were burnt down, the youth came and told us that there would be an organisation to be launched from Mount Fletcher.  
 I said to them they are going to inform me about the date and the venue, I don't remember the date, but they came and reported this to me and we went there.  
 Before we can even go inside the church, we heard some mothers like Mrs Nomachule saying that don't go in because you are going to be killed.  We went to Maluti together with the Headmen because the youth came to tell us that they were launching the organisation and we saw them leaving the church because it was said that they were going to be beaten.
 The police decided to come to see what was happening in the village.  They said that they may be late, the police came and they called us.  They told us to stay in the police station and we stayed there, we spent the night in the police station.
 In the morning we got a report that we went to burn Mrs Tabalaza's house and broke her windows.  The case went to
court, there was no evidence in court because the police confirmed that we stayed with them the whole night, nothing happened.
 I was in court with her husband, she was accusing me of breaking her windows and the police confirmed that we spent the night together, nobody went out of that yard and the case was dismissed.
 We tried to find out from the youth why they were on Mrs Tabalaza's side because they came to us and told us that they were going to launch the organisation.  They said that Mrs Tabalaza said that her ANC is in Johannesburg and I was supposed to be burnt because I was a member of Inkatha.
 We took these reports to the police.  As time went on, some youths came to us to tell us that Mrs Tabalaza is talking about you all over because even your children are not allowed to come to the meetings because they are said to tell you the reports, Nozukobangeni and Tamsanqa Ntandazo.
 They gave evidence to court that - it was argued that they must go to my house to burn down my house because I was against Mrs Tabalaza.  One day I was sitting in my house, I saw these children going into Mr Sipika Zwelonke's shop and I saw Mr Sipika taking his car out to the village where I was born and my van, my bakkie was there to take my brother.
 Mr Sipika Zwelonke said to my brother in Bathurst, take your brother's car to the police because these children are going to burn it because my shop was also going to be burnt.
 And my van, my bakkie went to Mount Fletcher and to Maluti.  Mr Zwelonke Sipika's shop burnt down.  After that my shop also burnt down and my house, but people tried to stop fire in my house.
 The police arrived, there was chaos all over and their
houses were also burning down.

REV XUNDU: Let me ask you a few questions to clarify certain matters?  What is your clan name, sir?  What is your clan name?

BARNABAS MBULELO KEKENI NDLELENI: I am Ndleleni.

REV XUNDU: Your clan name?

BARNABAS MBULELO KEKENI NDLELENI: I am Xhela.

REV XUNDU: Xhela, sir, you said that in the village you have a taxi and a shop and Mrs Tabalaza has a taxi and a shop?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: Both of you owned a taxi and shops and they are legal?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: In your village what was the situation before all this chaos?  Were there any organisations before, political organisations in your village?

BARNABAS MBULELO KEKENI NDLELENI: No, there were no organisations.

REV XUNDU: You say there were no organisations?

BARNABAS MBULELO KEKENI NDLELENI: No.

REV XUNDU: The first organisation to be launched was the ANC Youth League?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: It was brought by the youth?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: It was the first time that such an organisation recruited people?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: The Headmen, why did people burn his house?

BARNABAS MBULELO KEKENI NDLELENI: I don't know, but according to him he said that his house was burnt down because he asked these
children, the youth, to come to him and the youth were on Mrs Tabalaza's side.  My wife and I tried to call Mr Naghan and Mr Pope and people of Chamber of Commerce, we called them to Mr Maqosonge's house because they said that they are not going to go to the Headmen because the Headmen was a member of Inkatha.
 We tried to call members of the ANC and members of the Chamber of Commerce.  Mrs Tabalaza also received a letter inviting her.  She said that she is not going to attend that meeting because she joined ANC in Johannesburg and Kekeni was an Inkatha.

REV XUNDU: In your village, was there any members of Inkatha?

BARNABAS MBULELO KEKENI NDLELENI: No, but they were just calling us Inkatha.

REV XUNDU: You said that your house and the Headmen's house burnt down?

BARNABAS MBULELO KEKENI NDLELENI: Yes.

REV XUNDU: Did you lay charges against anyone concerning this?

BARNABAS MBULELO KEKENI NDLELENI: Yes.  The Headmen just reported this and I opened a case.

REV XUNDU: Who were accused of this?

BARNABAS MBULELO KEKENI NDLELENI: There were people who were accused, but they were not sentenced.

REV XUNDU: Was Mrs Tabalaza one of them?  Was Mrs Tabalaza one of the people who were accused?

BARNABAS MBULELO KEKENI NDLELENI: Yes, but when the case continued, it was asked that why is it that she was not reported to be the one who burnt down the houses, in other words, she was not charged.
 She was not charged in the court of law. ... (tape
ends)  ... the houses were charged.  The Magistrate said that when one of the youth said that we were sent by Mrs Tabalaza, Mrs Tabalaza was there, but she left, she went to Johannesburg.

REV XUNDU: Were these youths sentenced?

BARNABAS MBULELO KEKENI NDLELENI: No, they were not sentenced.

REV XUNDU: This shows that there was no evidence to the Magistrate?

BARNABAS MBULELO KEKENI NDLELENI: It was said that there was not enough evidence that these children were the ones who burnt down the houses.