Human Rights Violation Hearings — Durban — 1996-08-28

KHOZA MGOJO: What makes me to say this is that the Truth Commission's task is to get people to open up and ventilate and take it all out, all the pain out.  Others also ask from the Truth Commission that the Truth Commission should investigate as to who were the perpetrators.  You must think about this, because you didn't say anything about that.  You must think about it, because that may impact on your health.  Maybe you may want to come back again and give another statement.  This Mthambo, where does he stay?

WITNESS:   He stays at G, Section G.

KHOZA MGOJO: He is at G.  What number?

WITNESS:   No, I don't know the number.

KHOZA MGOJO: Do you still see him around?

WITNESS:   Yes, he has been seen around.  I once also asked, "Who is this?"  They said Mthambo.  They said, "Why would you ask about Mthambo?  Are you his friend?"  I said no.

KHOZA MGOJO: The station commander who was fetched, do you know his name?

WITNESS:   Yes, he is still around, but I don't know his name. But he is around?   ---   Yes, he is around.

KHOZA MGOJO: He is the station commander where?

WITNESS:   At BB, Umlazi.

KHOZA MGOJO: One question I have for you, and directed to you.  You know, as you have said you cannot use your arm so much now, is there any way that you think you can get some help, or probably get some light work to do that you can afford - that your arm can afford to do?  Which kind of work can you think of?

WITNESS:   You see, at home we have a hair salon.  I think that's something light that I could work, but still it is a problem because my right arm is not functioning completely.

KHOZA MGOJO: Now, what about the other arm, the left arm, is it functioning, is it fine?

WITNESS:   Yes, although the muscle was affected.  It's not properly functioning, like you see.

KHOZA MGOJO: I ask this question because it also bothers us that young people, especially like you at this age don't have any qualifications or don't have any skills, or cannot survive.  You see we always want to help people like you, young as they are, that something must be done in light of this problem.  At least you must be able to use your arms, or be able to acquire some skill of some kind that you may make a living from.  You want to think about this.

KHOZA MGOJO: We have another question here.  We didn't ask the name of your other son, your late son.

WITNESS:   He is Gadi Khumalo.  I can be very happy, because when we went to fetch his corpse from the Umlazi River we got one of the perpetrators.  He was in blood - his clothes were in  blood.  We asked, "Where do you come from?"  He said, "I come from Lindelani at F."  We asked, "Do you know this

KHOZA MGOJO: person you have killed?"  He said, "No, we don't know this person."  What I am trying to say here is that they did locate and they did find one of the perpetrators, but they never went further on to investigate.  Even to this day I cannot even be brave enough to go and ask, because the police are still the very same.

KHOZA MGOJO: Which police station was that?

WITNESS:   It's GG, Umlazi.  Even to this day.

COMMISSIONER: Mrs Khumalo, I just wanted to try and confirm.  From what you've said though it seems clear there was no inquest or court case.  Sorry, I'll repeat that.  From what you've just said it seems like there was no further investigation of Gadi's death.  Is that correct?

WITNESS:   Yes.

COMMISSIONER: There was no inquest or case of any kind.  So you confirm that there was nothing?

WITNESS:   They did open the case, and they arrested one of the boys, and they told me they'll let  me know what happens thereafter, but that was the end up to this day.  They never got in touch with me.

COMMISSIONER: (Inaudible) ... members of the KwaZulu Police during the 1980s.  When he died he claimed to have killed about 30 or 31 people, and because he had become so notorious even the South African Police in those days had started to investigate charges against him, and he had something like seven murder charges pending against him.  However, instead of being suspended from duty he was allowed to continue as a policeman even while he had murder charges pending against him, and he was regarded widely as a hero  by the police, and certainly by the IFP in the township.  In fact when one cabinet minister, senior cabinet minister

COMMISSIONER: in the KwaZulu Government was approached and asked about him, what they thought of him, they said, well, that they thought he was a good shot.  Now, there are many people of this calibre in the police.  We think of people like Eugene de Kock, who was recently - yesterday was convicted of six murders, various charges of attempted murder, 66 counts of fraud, and other charges, and really Mvuyane was not very different from a man like de Kock.  And it is - as I said, he enjoyed great popularity amongst the police, amongst the KwaZulu Police, and it is disconcerting to think that those police who supported him and were loyal to him are still members of our police force today, many of them in senior positions.

COMMISSIONER: Now, as my colleagues have said, we are not in a position to assist Mfanafuthi directly with assistance, but it is our job to make recommendations to the Government, to the State President, as to how people like him should be assisted.  It's clear that he has been very badly affected by this, and we will be making recommendations as to how he can be assisted by the Government.  So we thank you both very much for coming in today and giving us the evidence that you have given us.  Thank you very much.

COMMISSIONER: (Inaudible) ... an announcement.  If there are people who want to make statements - earlier on I said that we could take their statements here.  In fact there aren't sufficient tables and desks for us to take statements here in this building, and if people want to make statements please can they go to our offices at the Met Life Building, that's 391 Smith Street, just opposite the big Checkers in Smith Street, and there will be statement takers there who will take your statements if you want to make statements.
Thank you.  The next witness is Mr Mandlinkosi ... (inaudible) ... Umlazi township, and you have come to tell us about the death of your son in 1985.  Plus - who is that with you on the stage?  That's your wife with you, right.  Oh, sorry - sorry, I said Umlazi.  In fact you're from Ntuzuma, but in fact your son was killed in Umlazi township.  We greet you both today, Mrs Khumalo as well.  Before you give your evidence can I please ask you to stand and take the oath.
MANDLINKOSI KHUMALO

COMMISSIONER: Dr Magwaza will assist you now with your evidence.

UNKNOWN: We greet you and welcome you, Mr and Mrs Khumalo.  We appreciate your presence.  We know that this is a very difficult time for both of you, but we want to stress that we are here to encourage and support you.  Just before we start can you just tell us and give us a background of your family.

WITNESS:   My name is Mr Khumalo.  We are from Nongoma.  We grew up attending church.  We were christians, and my father was a pastor there until he was referred to Glencoe, transferred to Glencoe, and he went to 'Maritzburg thereafter.  I used to work at the factories until I got a house at V Section, 244, in Umlazi.  That's where I stayed for quite a long time, and I had two children at that time.  I also got other two children.  Presently I am working at a factory.

UNKNOWN: Even before we go on further can you just please explain to us about the family.  You are with your wife only today.

WITNESS:   Yes, that is correct.

UNKNOWN: Is your present wife the deceased boy's mother?

WITNESS:   No, she is not.  She is working and she hasn't come.

UNKNOWN: I just wanted to clarify that issue.  Now, the deceased were two.  They had a separate mother?

WITNESS:   That is correct.

UNKNOWN: Now you can tell us briefly as to where you are working?