Human Rights Violation Hearings — Duncan Village — 1996-09-23

UNKNOWN: My request to the Commission is since I am unable to work at this present time, I can't even - I can't work with my arm because it is so painful.  My request is that I have five children and I would like the Commission to educate my children.

REV XUNDU: Which standards are they?

UNKNOWN: The first one is in standard 8, the second one is in standard 7, the third one is in standard 3, the fourth one is in lower standards and the last one is not at school.

REV XUNDU: Thank you sir.

BONGANI FINCA: Any questions?  You were behaving yourself during the day so I hope that you will behave until the end.  DUNCAN VILLAGE HEARING TRC/EASTERN CAPE
7 W VANDOYI
There are situations which need to be laughed, but please don't do that for a long time.  We'll give this opportunity to Mr Ntsikelelo Sandi to ask questions.

MR SANDI: Thank you Chair.  Mr Vandoyi, I would like to ask you some questions in order for me to get some clarity on what really happened.  Firstly do you know who shot you?

UNKNOWN: No, I don't know.

MR SANDI: Do you have any suspicions of who shot you?

UNKNOWN: No, I don't have any suspicions, I was just on my way - there is no one who I can say who might shoot me.

MR SANDI: You said this happened on the 28th of November 1986?  Were there any other things happening here in Duncan Village?

UNKNOWN: No.  There was nothing happening on that day, there was no toyi-toyi on that day.

MR SANDI: On the spot where you were shot, was there any conflict between the people and the police?

UNKNOWN: No, there was no conflict.  There was nothing on that day, there was no toyi-toyi.

MR SANDI: The people who saw you being shot, what did they say?

UNKNOWN: The ones I went to they just said they saw me when I was taken by the police, the two witnesses.  When I went to them, they didn't want to go to the lawyers.  When I went to them, they didn't want to come out, they were so scared.

MR SANDI: These are the people who said you were shot by the police?

UNKNOWN: Yes.

MR SANDI: What were they afraid of?
DUNCAN VILLAGE HEARING TRC/EASTERN CAPE
8 W VANDOYI

UNKNOWN: I don't know, but it seems as if they were afraid of being arrested. One of them said so.

MR SANDI: Do you know where we can reach these people?

UNKNOWN: I wrote their name when I was submitting my statement.

MR SANDI: Thank you Mr Vandoyi.  Thank you Mr Chairman.

BONGANI FINCA: Mr Vandoyi, you said the two witnesses was so important in the story, you know their names?

UNKNOWN: Yes, I know their names.

BONGANI FINCA: I don't see their names in your statement, can you please give us their names?  I don't see their names in your statement, will you please give us their names?

UNKNOWN: They are Mlulami Jwambi.  Mlulami Jwambi.

BONGANI FINCA: And the second one?

UNKNOWN: Sonwabo Xoko.  Sonwabo, the surname is Xoko.

BONGANI FINCA: Do you know where they are staying?

UNKNOWN: Yes.  They are staying here in Duncan Village.  They are staying in Mgaleni Section.

BONGANI FINCA: Do you meet them now?

UNKNOWN: Yes.

BONGANI FINCA: Why did they refuse to support you since they have this important information about your story and their information seems to be the only one who can help this case to continue?  Why did they refuse?

UNKNOWN: They said they were afraid, they were scared of being arrested, because at that time people were arrested a lot.  In 1986 people were arrested when testifying.

BONGANI FINCA: Since we are free now, why are they still afraid?

UNKNOWN: When I submitted my statement, I wrote their names.
DUNCAN VILLAGE HEARING TRC/EASTERN CAPE
9 W VANDOYI

BONGANI FINCA: Were they afraid at that time?

UNKNOWN: Yes, they were afraid before we got freedom.

BONGANI FINCA: Thank you.  Dr Kahn, as you have mentioned him in your statement, was he the Doctor who examined you after you got injured?

UNKNOWN: Yes, he also sent me to Mr Lalla.

BONGANI FINCA: Was it Dr Kahn?

UNKNOWN: Yes.

BONGANI FINCA: Where can we reach him?

UNKNOWN: I think he left this place, he is in Cape Town.  He was here in day, in day hospital then, but he is in Cape Town now.  Maybe you'll find he's there in the hospital although he's gone.  My file is still there, I forgot something.  After I went, going to Jeram, I didn't get my file in the hospital.
 I looked for it, but I couldn't find it, and they made me a new one - the second one.  I couldn't find the first file.

BONGANI FINCA: Thank you Mr  Wilson Vandoyi for submitting the statement.  As we have already said, we would like as a Commission to meet with these two witnesses and we will also try to investigate and to find out where are the files for Dr Kahn so that we can get details.
 We'd like to thank you for bringing this forward.  This is our chance to try to continue with your case.  We will try by all means to try and help you with your case.  Thank you.