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

CHAIRPERSON: Jan, thank you very much for coming.  Can you hear me through, can you hear the translation through the headphones?

JAN Z NKABINDE: Yes, I can.

CHAIRPERSON: Yes.  Could you tell us please who is sitting next to you.  And before I ask Wynand Malan to lead you in your evidence could I please ask you to stand, raise your right hand.

JAN Z NKABINDE: (Duly sworn in, states).

CHAIRPERSON: Thanks very much.  Wynand.

MR MALAN: Good afternoon Mr Nkabinde.  I see from the information before us that you are a former Chairperson of the ANC Youth League in the area.  Without further ado I ask you to share our story with us and we may have some follow-up questions after we have heard you.  You are welcome to tell us about the incident during January 1986 that was aimed at yourself.

JAN Z NKABINDE: What I can say is that before I can get into what happened in 1986, everything started in 1984.  What I can say is that as we all know that in, Leslie is a small township that is not developed in such a way that there were no facilities like high schools, stadiums and any other recreational facilities for the youth.  It happened in 1984 June that the organisation was formed called Impomalelo Youth Congress.  So from there, in 1984 I participated, I joined the group actually then participated in it, but by that time we were just ordinary members.  We were not in the Executive Committee.
 Thereafter in 1985 it started, our Comrades who skipped the country, went to exile.  Then we were left.  In the same year in 1985 we were elected into the Executive Committee.  We were elected into the leadership.  At the same time as in the Impomalelo Youth Congress I was elected as the Deputy Chairperson.  Others who are also in this are Bungi and Tuli Vaku there and many others.  As time went by in 1985, we all know that the uprisings started in 1985 here in Leslie with rent boycotts and school boycotts.  We also joined the nationwide struggle for the boycotts.  We had no school.  We are attending from the shacks.  As time went by we joined, actually we joined in Chief Mayisa as our adviser in many matters that involved the youth.  We also have our brother M A Nkabinde who advised, who was advising us in attending meetings in Davidton and many other places where the youth congress was meeting.
 Also in 1985 in June we all thought that we all belong to one group.  We did not know that we had an opposition party.  In 1985 there were some divisions within us.  The other group of vigilantes started being against us.  They decided that they should go back to school, because we were boycotting schools for more than eight months.  We had our own demands.  We placed, we stated some conditions that we will not be going back to school until our demands were met.  Then within that we had a division.  Other people decided to go back to school.  Then we had people that were playing soccer.  Those decided to have their own, to be on their own.  
 Somewhere between October and November, I am not so sure, because we were just about to start the examinations, there was a call that every student should go back to school.  Then the youth decided that it will not be going to school until our, their demands were met.  That small group decided to, requested that we all go back to school.  Then there was a clash between, because we had people who infiltrated from other townships who came and told us that they no longer want the outsiders, because they are somehow stepping.  Then we decided that, no, we are going to handle this our own way.  As we were still negotiating we realised that there were some people who were sleeping at school.  They decided to arrest other Comrades and took them to the police station.  Then we went back to school.
 After completing our exams in December that other group was joined by the others.  That group was recruited by the soccer club called Real Pirates.  Then the other members were interested in joining that other group.  Those that were not interested decided to withdraw and then my friends came and told me that they have had several meetings and informed us about the latest developments regarding the attacks.  Then those who were not for it decided to withdraw.  Then I realised that it was a mature group, organisation and then 86 January on the fourth, that organisation started running in the streets, wearing balaclavas and big coats.  Then I met them in the streets.  Then I was told that if I still want to see, that if I still want to live I have to leave, disassociate myself from that group, because what they are doing, they were sweeping the streets.
 So what they could not do anything without informing me, because they were my friends, but I told them that, no, there was no way in which I could join them.  They told me that if I can join them things will go their own way, because they know that I have a proper control over the youth.  So what they wanted to do is to get rid of that Congress, but I took it as a joke, because I just told them that, no, I am not for their ideas.
 On the 11th of January 1986, as it was mentioned earlier on, we noticed the group, was on my way to the Chief's house.  I went past Mr Mayisa's home which, his home also served as a club house.  Then I was told that today I must be careful because something bad was going to happen.  I had been warned before, but I was not listening.  So something was about to happen, I had to be careful.  Fortunately enough on that day we were going to have a meeting, because we had already had, something was taking place.  About half past one in the afternoon that vigilante group, which was now mixed with the other group, came to My Mayisa's house where they found us.  The distance between my home and Mr Mayisa is about 400m.  Despite the fact that, I am also related to Mr Mayisa despite the fact that he was our Chief.  
 So they found me at Mr Mayisa's house.  So upon their arrival we also came out of the house and then we asked them what had happened.  So they told us that they do not want to see the outsiders here.  So he told them that, no, the matter will be settled.  By the time they were doing that we were, the fight was already on.  So what they told us what that, you know, there will only be peace if we can get rid of those Comrades.  So we had a meeting which was addressed by Chief Mayisa.  Within that we had some bimpis which were informing us about what is happening from the other group.  They informed us about the people that they were planning to kill, Chief Mayisa and Comrade Nkabinde.  
 I was also informed that I had, I should tell Mr Nkabinde that he is in trouble.  Late, round about half past six to seven that vigilante group came again, they did not ask anything, they just, we also realised that, no, trouble is, trouble has come so we started fighting, so we decided to chase them away.  Then they ran away and we came back to Mr Mayisa's house.  After seven o' clock that group came back in large numbers.  They came back in large numbers with petrol bombs.  Some of us ran away for safety.  Then we remained.  So we were attacked.  Those people came to attack Mr Mayisa's, Chief Mayisa's house, throw petrol bombs on it.  We were still many in the house.  Upon realising that the house was on fire those that were around ran away from home.  So we were still getting water from the pump, but water was not enough.  So we failed to distinguish the fire.  So we ran away through the roof and left Chief Mayisa and his wife at home.  The following Sunday evening we got a message that Mr, Chief Mayisa is late.