Human Rights Violation Hearings — Durban — 1996-05-09

DR BORAINE: Welcome to the third day of the KwaZulu/Natal, Free State hearings.  The following people will be giving evidence today.  Mrs Nombuso Majola, Mrs Rosemary Cele, Mr Amos Hlatswayo, Mrs Florence Mbatha, Mr Jerico Nzama, Mr Sibongiseni Linda, Mr Haroon Aziz, Mrs Buyele Zungu and Mr Krish Govender.
PROCEEDINGS OPENED WITH SINGING OF HYMN AND PRAYERS

CHAIRPERSON: May I add my own words of welcome to all of you, but especially to those who will be testifying and to their families and friends, who have come to support them.  We also want to say thank you to the people who are upholding the Trust and Reconciliation Commission in their prayers and those who are continuing to pray for this set of hearings in this province.  I now declare this session open and hand over to Dr Boraine.

DR BORAINE: Thank you, Mr Chairperson.  On behalf of the Commission I would like to welcome very warmly Archbishop Hurley.  We are delighted to have him with us today and any other colleagues and friends who might be here, as well as Mr Bheki Cele, a member of Parliament, and Mr Chairperson of the Safety and Security Committee in KwaZulu/Natal.  We are particularly glad to have anybody who is concerned about Safety and Security.  Thank you for coming.  The first witness that we are calling is Mrs Nombuso Majola and I will ask her to come to the witness stand, please.  Whilst the witness is taking her place, I understand Mr Cele has only just walked in now, so we anticipated your arrival.  We've got our eye on you and we are grateful to you for attending the session of the Commission today and any other dignitaries who may be
 /very grateful
11A/2 here.  Is Mr Cele here?  I would be very grateful if you would stand just for a moment.  Thank you very much.  We are just waiting for the earphones to be put in place before we start.   Mrs Majola, can you hear me on the earphones?   You can hear the translation?

NOMBUSO MAJOLA: Yes.

DR BORAINE: It's very important that you can hear, so that we can also hear you and listen to your story.  So let me just make absolutely sure, Mrs Majola, you can hear me all right.

NOMBUSO MAJOLA: Yes.

DR BORAINE: Okay, thank you very much.  Mrs Majola, I'd like to welcome you very warmly to the third day of the sitting of the Commission.  As I have to everyone who has come as the first witness at the start of the day, it's much more difficult for you, because it's new and you haven't watched other people, but you have really nothing to worry about.  Please relax and we are very grateful to you for coming, telling about the killing of your brother, Austin Majola, in 1990 by people, in terms of your statement, who have claimed to be the police.  Now, Mrs Majola, you have somebody with you.  Perhaps you could tell me who that is.  I can't hear the translation.  I understand it's your grandmother.  That's wonderful.  It's very, very good to have her with you today.  I'm sure you feel a lot better and I hope you will feel that we are part also of a family who are committed to trying to heal a country which has been so badly bruised and battered.  As is our custom, we ask a Commissioner or Committee Member to lead you in your story and I am going to ask Dr Mgojo to do that, but before he does, would you please
 /stand, in order
11/5 stand, in order to take the oath?

NOMBUSO MAJOLA: (Sworn states) (Through Interpreter)

DR BORAINE: Thank you very much.  Please be seated.  You are now under oath and I ask Dr Mgojo to take over, please.

KHOZA MGOJO: We greet you, my daughter.  We are happy that you have been able to come here to relate your story and reveal all what is inside you with regard to your brother.  I would request you to give me your brief history about your family.  Who are you, where do you stay, all those things.  I am Nombuso Majola.  Austin is from Zwane.  It's Austin Zwane.  Austin was my mother's child.  We live at Zwane's in Lamont.  We live with our grandmother.  That's my grandmother's place.  Austin was the boy who was born on the 10th June 1971.  He died on the 7th 1990.

KHOZA MGOJO: Would you remember the month?

WITNESS:   Yes, it's in August.  We were living with our grandmother.  We were brought up by my grandmother.  This is my grandmother that I am with here.

KHOZA MGOJO: If you like, you can tell us where are your parents.  Where is your mother and father?

WITNESS:   Our father died.  My mother got married to another place in Transkei.

KHOZA MGOJO: Have you been staying in Lamontville for a long time?

WITNESS:   Yes, we were born there.

KHOZA MGOJO: Are you still studying?

WITNESS:   No, I am no longer studying.

KHOZA MGOJO: So you are no longer at school?

WITNESS:   Yes.

KHOZA MGOJO: While you were still at school, who educated you?

WITNESS:   It's my grandmother.

KHOZA MGOJO: We thank your grandmother for looking after you.  Now, tell us what happened at the death of your brother.

KHOZA MGOJO: /If you

KHOZA MGOJO: 11A/9 If you could just relate everything.

WITNESS:   It was on Tuesday, on the 7th in 1990.  Austin used to go to school at Menzie High School in Umlazi.  On that day he didn't go to school.  He had a problem because on Monday at school at midday there was Siphiwe Mvuyane looking for him.  He went out and ran away.  He didn't go to this person, because this person was standing by the office and had requested him from the office.  On Tuesday he decided not to go to school.  It was the day my Granny was going to go to the doctor.  She wasn't well.

KHOZA MGOJO: Before you go on, whom did he ask him from?

WITNESS:   He asked him from the principal.  Apparently he spoke to the principal and then they sent a boy to go and ask for him from the classroom.  The boy told him that Siphiwe Mvuyane was looking for him.  They had parked there at the parking area.

KHOZA MGOJO: Is this principal still there at Menzie?

WITNESS:   I have got no knowledge of that.

KHOZA MGOJO: But you do know him?

WITNESS:   No, I don't know him.

KHOZA MGOJO: You can go ahead.

WITNESS:   When Austin ran away, on Tuesday he didn't go to school.  In the morning, when Granny had already left, at about eight, after that we heard a lot of people that surrounded our house.  They were knocking loudly at our house.  At that time Austin was still asleep.  They said they were police.  The door was open but the burglar guards were closed and there was a padlock.  I woke up and came to the kitchen and they said they were police - I must open up.  They had guns.  All of those who were in front of the door had huge guns.  Before I left the bedroom there were others that I had already seen passing through the window by the bedroom and

KHOZA MGOJO: /I heard a

KHOZA MGOJO: 11A/12 I heard a lot of noise and I realised there were a lot of them, so I did open the door, as they ordered me.  They asked me if I know him.  He said he was Siphiwe Mvuyane, he is looking for Austin.  At that time Austin was already up.  He didn't even give me a time to answer whether Austin was there.  Just as I opened the door they immediately rushed into the bedroom and others went to the dining room.

KHOZA MGOJO: Before you continue, where was Granny at this time?

WITNESS:   She had already left.  She had gone to the doctor.  While it was still like that, they grabbed at Austin.  They emerged with him from the bedroom and took him through to the kitchen.  They didn't even give him an opportunity - they said, "Yes, why did you run away yesterday?  Why didn't you go to school today?"  He said, "No, I didn't run away".  They said, "We were there, looking for you".  He said, "Well, I wasn't there by that time".

KHOZA MGOJO: Did they say what they were looking for him for?