Human Rights Violation Hearings — Leandra — 1997-06-03

CHAIRPERSON: Before you, before I ask Mr Wynand Malan to lead your evidence could I please ask you who is with you on your right.

MRS MAYISA: This is my son, he is my son.

CHAIRPERSON: And his name.

MRS MAYISA: Josia is his name.

CHAIRPERSON: Josia.  Thanks very much and if I could please ask you to take the oath.  You do not need to stand.

MAMATSHI L MAYISA: (Duly sworn in, states).

CHAIRPERSON: Thank you very much.  Wynand Malan, thank you.

MR MALAN: Good afternoon Mrs Mayisa.  We have had the sharing of the history by Mr Nkabinde.  I do not think there is any need for me to say anything more at this stage and I will appreciate you sharing your story with us.  You have given us a statement, we have read it, but for the benefit of everyone present if you would just in your own words tell us the circumstances that led up to the death of your husband.

MRS MAYISA: My husband left me.  As Mr Nkabinde has mentioned he went to town and came back, took a shower and decided to take a nap.

MR MALAN: Please take your time.  Do not feel pressured, pressurised in any way and when you manage to get yourself together you may continue.  We will be waiting for you.

MRS MAYISA: He took a nap.

INTERPRETER: The speaker is not quite audible.

MR MALAN: Sorry, may I interrupt you.  May I just interrupt you.  Can you just bring the microphone closer to the witness please.  Still more if you can.

MRS MAYISA: He took his nap and I told him, alerted him that the Inkatha was coming and he woke up.  We looked through the window and we could see that group approaching our house and they got to our house.  They had bottles, nip bottles and they started attacking us, throwing those bottles and stones over our house and we were inside the house at that time the two of us.  Suddenly the house was set alight.  The roof burst open and I decided to go outside to ask as to what was their problem and why they were attacking us.  As I tried to go outside they attacked me throwing stones at me and we decided to run away.  Outside there by, there was a car parked and he got inside then.  I went to the neighbours house and still looked at my house to find out exactly what was their intention.
 They were calling each other, yelling at each other saying hey, come this side, he is this side.  I saw Sipho Mpopo, I saw my boy inside looking for my husband and they were peeping through the door.  He decided to take another turn, my husband, and they went to him.  They got hold of him, they took him with.  There was a small route that connected to our house and they took that route.  I do not know what happened thereafter.  After quite some time my son, the one who is sitting next to me, came and told me that my husband was lying down there, the father and he tried to pick him up, but he failed.  Josia, I will ask you  to go further.

MR MALAN: May I just ask whether a statement was made by your son?  Have you made a statement in connection with your father's death Mr Mayisa.

MR MAYISA: Yes, I did, I did.

MR MALAN: That statement is not before us, but we will try and trace it.  If you would like, briefly, to continue we will appreciate it.  Yes, would you just mind then also to stand and take the oath before you give the evidence.  Do you have an objection to taking the oath?

MR MAYISA: No objection.

JOSIA MAYISA: (Duly sworn in, states).

MR MALAN: Thank you very much.  You may sit and you may proceed.

MR MAYISA: I will carry on where my mum left.  That is where I found my dad lying down there and it was my friend who called me and said hey, your dad is lying down here.  We rushed there immediately and when we got there he was, as I said, he was lying down.  We picked him up and Sipho Mpopo they came suddenly and started assaulting me.  I ran away and there was this van that came and followed us in this route, small route I talked about.  I ran, we got to the rail line and there were police there.  I ran towards the police and de Vries was there.  I informed de Vries about my father's attack and told me that we should go to Priscilla Jana and your father is the one who has been telling us not to interfere with the location stuff.  I went back, I left the police alone.  I went to Magogo and I told my mother, I went to mum and I told my mum that I think dad has passed away now.  We slept at the neighbours house.   In the morning I went back to the police station.  I met Basson, the sergeant.  The van that had my, that took my dad was parked there in the police station and I told him that we should go approach the drivers of that van, because they should have the insight of the whole thing and Malohlo was there and Matini and they were washing out the van, because it was bloody.  I asked what is this blood for and they said, no, we had dogs inside.  We heard lambs inside so, the sheep, so that blood is coming from the sheep and I merely was asking.  I knew the truth, I knew that the blood was my fathers.
 At about four in the afternoon I met Richard and he told me that Mr Mayisa is down the road in, next to Kwarine.  I asked him where is Kwarine.  He told me that he was there lying down and covered by corrugated iron and we got there.  We found out that he was burnt.  They set him alight.  We left the scene and went back to the police station and we told them where the corpse was.  They followed us and took pictures of my father's body.  I asked what is the next step.  They said we should leave.  ... there and we wanted to know what was going to be done to him.  They called one another and now suddenly they started caucusing and we ask him, we asked the police what is going to happen of my dad and they insisted to tell us that we should leave and leave him alone.  
 Now on the funeral day, even just before, on the 27th of January we went to the school, school hall and then we went as a family to bury him.  ... just did not care about what was happening.  We approached a police and told them that they should give us this day to bury our father and they insisted that they will not help us in any way, but we were adamant.  Finally we carried on.  We went to the grave site.  When we got back they started attacking us.  Now they attacked the combi that I was driving.  Martin Zondo, Ndogo and Modise.  I approached de Vries to tell him that he was present when my combi was being attacked and he told me to go to Priscilla Jana and I went to her and those were convicted, the three of them.  
 De Vries and Malinga came to me and said they wanted to me to submit the statement and I told them that I went to see them and they took me for granted and told me that I should go and see Priscilla Jana, because my father was the one who was saying we should not or they should not interfere with the locations matters.  In June we were all taken as a family by de Vries and de Vries said myself and Nkabinde are, want to retaliate and want to kill the people who killed my father.  I asked Malinga as to what was happening.  He said he could not say a word to me and I am also losing my job as they are saying I am ANC member and I cannot carry on the operation effectively. I decided, no, let it be, whatever can happen.  Mum take over, there is nothing more I want to say.

MR MALAN: Thank you very much Mr Mayisa.  We have some background information.  Also in our background information it says that eventually certain people were prosecuted and convicted of the murder of your husband, Mrs Mayisa, and that is what I heard your son to be saying now.  Is that correct?

MRS MAYISA: That is correct.

MR MALAN: Was it a number of only three people eventually charged and convicted or were there more people?

MR MAYISA: Three were convicted regarding the combi attack and it was because I insisted that those three were there and I saw them.  They were only convicted after I insisted that they were there.  Martin Zondo, Ndogo and Modise are the three.