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

CHAIRPERSON: Ndini Simayile, Nyatelwa Mnoxwa, Mgotywa Japan Ngwenya, Nodinga Doris Mamanci Twabu, Ndengezi Makhokhoba.

REV XUNDU: Can I swear them in Mr Chairperson?  Is George here, thank you?  Please stand up.

GEORGE NDINI SIMAYILE: (sworn states)

NODINGA DORIS MAMANCI TWABU: (sworn states)

NDENGEZI MAKHOKHOBA: (sworn states)

REV XUNDU: Thank you sir.  Sir they have been properly sworn in.  Is  Nantagelo here?  Nantagelo Makhokhoba?

NANTAGELO MAKHOKHOBA: (sworn states)

REV XUNDU: Thank you Mr Chairperson, they have been properly sworn in.

CHAIRPERSON: Evidently, this gentleman has been swearing people in the whole day, he is stuttering.  I am going to hand over to Tiny Maya so that she can lead you in evidence on behalf of the Commission.

MS MAYA: Thank you Mr Chairperson.  Thank you ladies and gentlemen.  We have been here the whole day, you  must be quite tired.  Mr Simayile, let me start with you.
 Unfortunately we don't have enough time as you told us on Saturday, you are one of the people who were saved in Naqolana in 1960, you then went to Durban, Nkosivumile, your son, went to Durban.  You unfortunately got injured in
Durban, that is the crux of the matter.

GEORGE NDINI SIMAYILE: I just want to add something about Naqolana.  Mr (indistinct) was here, he gave a good summary of what happened, he just left out that on the last day if you give me this time, we don't understand you well, I thought people are rather deaf, but I realise that it is quite an awkward spot.
 This child was mine, I would take him to the bushes or hide with him.  I - he went and was trying to join the Matanzima regime.  I stopped him.  My children would go up to standard five because I could not afford them to go on.
 He then left for Durban.  In Durban he was an ANC clerk.  We did not stay together, the Inkatha people intimidated him.  I heard that he passed away in 1986, it was on a Saturday when I heard this news.  
 I heard from his girlfriend with whom he had a child that he had been shot.  She was crying, she said that it is the police from Ntuzuma that shot him.  I bought the newspaper, I could not read this paper and it was clear later that it is because my son had passed away.
 When I got to Ntuzuma they said that they don't know where he is, I must go look for him in Durban North.  The policemen read the papers I had, they said I must go to Durban North.  When I got there, a Sotho policeman received me, I got there, he led me inside.
 There was a huge Zulu policeman with a gun, he said here is another (indistinct) person, let's just shoot him.
 They said that I wanted to shoot this man because I could not, I tried to shoot myself, he said.  I was given a statement that my late son had gotten there and was shot by the Ntuzuma police running away. 
 I don't know what the accusations were.  Later I found out that he was buried in Durban.  The  police then took me to the graveyard.  The people were a bit scared of me, they searched me first before we left.
 They said that they did not shoot my son, but the Ntuzuma police had shot him.  This is when I heard what happened exactly.
 They said that the rest of the story I will hear in court.

MS MAYA: Why was he shot?

GEORGE NDINI SIMAYILE: Nobody gave me a statement as to what happened.  What I heard as I did not stay in Ntuzuma, you are a (indistinct) person, you are accused of being an ANC member even if you were not.
 I just wanted to give you a brief background.  I then came back to make arrangements to bury him back here at home.  I started being ill, my health deteriorated.  When I got back to Durban, the case had gone to the supreme court.
 The report was that the case was dismissed.  Actually it was a high Magistrate from KwaZulu Natal who dismissed the case.
 Fortunately because I was selling dagga at the time, I would be arrested, sentenced to five years in prison.  I did not really care because I constantly lost jobs.  I had been arrested for selling dagga.  I was washing a police van in prison, this man then asked if I could help him on something, then this man said is this Bala, there is another Bala who was really giving us problems, we trapped him.
 We could not catch him easily, he was an ANC member.  The Inkatha were about to give in.  I was washing the bakkie, I washed it on the same side now, because I wanted
to hear what they were talking about.  There was a girlfriend of his in Durban, they said they went to this woman, gave him money so that if he gets there, makes him tea then she must leave the man in the house and then phone us.
 He got there, this woman went and phoned us, they left to go to the police.  They said that when they got there, they told him that his life was over.  They said they called him to the streets, there was one (indistinct), they shot him, they murdered him.
 The one police was so shocked because I started strangling this policeman, I was taken to solitary confinement for seven days.  I told them the reason.  What I want now is to know can or should a man be murdered like a dog and nothing happens to the perpetrators?

MS MAYA: Even after you told the Magistrate that you had heard a report from the police, nothing happened?  This Magistrate did nothing about this?

GEORGE NDINI SIMAYILE: Nothing was done.  This was my only son.  He was born in 1960 in Nonquwana.  This was my precious, only son, the apple of my eye.

MS MAYA: Therefor your request is that there should be an investigation as to why your son was killed in such a manner?

GEORGE NDINI SIMAYILE: It is not that I don't know who or how my son was killed, I was in the struggle from 1960.  I've always been in the struggle, I know what it is what we die for, why our blood is shed, it is for liberation.
 But what I would like to know is who exactly killed my son.  I know that he was killed because of the struggle for liberation.
 He is not the only one who was tortured, Niameni, who fortunately lived, they were together, they were together at Maxubeni, Niameni was there, intimidated by Inkatha.
 I was in Villalena and there was conflict.  I need an investigation so that the perpetrators come forward.

MS MAYA: Therefor even though you heard this police saying, you never really knew what his name was?  Do you have another request sir, before the Commission?

GEORGE NDINI SIMAYILE: One request only, whatever happens I am 70 years old, according to my ID I was born in 1927, 12th of December, I had a pass, the incidents that I could account.  My identity document is not correct because I was born 10 years before my pass actually says.  I am 60 years old, I request that I be given a pension.

MS MAYA: Your late son left two sons, one 19 and one 15?

GEORGE NDINI SIMAYILE: These are my grandchildren.  He is in Johannesburg, my other daughter just went up to standard 6 and they could not continue.  I have grandchildren who should be working, feeding their children, supporting their children, I have to support these children, because I have to support these children, but I don't have much to support them with.

MS MAYA: That is all sir, thank you.  Doris Twabu.  Ma'am, you are going to tell us about your son who joined APLA, when to Lesotho in August 1982, is that so?

NODINGA DORIS MAMANCI TWABU: Yes.

MS MAYA: Is your son's name Siyabulela?

NODINGA DORIS MAMANCI TWABU: Yes.

MS MAYA: How old was he when he left?

NODINGA DORIS MAMANCI TWABU: He was 19 years of age.

MS MAYA: Clearly the police came looking for him, this is
before you knew where he was.  Could you start there Ma'am?