Human Rights Violation Hearings — Umtata — 1996-06-20

NANCY XATULA: Yes, the police said we are going to pick your sons one by one because you are a soft target you will be the last one.

MEMBER OF PANEL: Did you believe them?

NANCY XATULA: Yes, I believed, but I had some doubts.  I could believe because there were some things that they said during the time when we were waiting for the post mortem to be done.  The police would come in and they would just
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insult me.  The others knew me and the others did not. During the court proceedings the police had to be taken out of the courtroom because I was asking is it proper to be harassed by the police even during the court proceedings.

MEMBER OF PANEL: What were the results?

NANCY XATULA: The results were that he was shot whilst he was sleeping on his back, whilst he was lying on his back because the bullet was found to have gone through his kidneys.

MEMBER OF PANEL: Were they the police who were accused of this?

NANCY XATULA: 17 Policemen were identified and then one policeman is supposed to have, who is supposed to have been amongst those was Maklingana, but Wilson Tambo, I am not quite sure whether he was William or Wilson.  Wilson Tambo is the one who was said to have been responsible for all this.  The other one was from Checha and Jim.

MEMBER OF PANEL: Do you know where these police are?

NANCY XATULA: They are here in Umtata.  Mtambo, 1989 or 1990 when the inquest was held.  It was said he was a Constable at the time, but when we came here in Umtata a few years later, I think it was in 1990, I heard him being addressed as the Major.

MEMBER OF PANEL: Were they the police who were prosecuted for this act?

NANCY XATULA: If it did happen or if it is happening this was never reported to us.  Even today we do not know what happened both civilly and criminally nothing was reported.  This year his case it would be said the court proceedings are at Umzimkulu or the other year it would be said they are in another area.  You would never understand exactly what
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was happening.

MEMBER OF PANEL: You talked about the threats that your children would be picked up one by one.  Could you please explain further?

NANCY XATULA: Those threats were nearly fulfilled.  In 1992 one of my sons was shot.  It is the one whom I said it is Kwezi.  He still has a bullet on his knee.  He was shot by the police.  Even today that police was never prosecuted.

MEMBER OF PANEL: Why was he shot and where was he shot?

NANCY XATULA: He was alighting from a combi at Qumbu and then I was called by the people and they informed me that he was in Umtata hospital.

MEMBER OF PANEL: Did they report why he was shot?

NANCY XATULA: No reason was given to me.  I believe he was just shot for no apparent reason.  When I asked why was he shot they just wanted to arrest me because they said I must tell where Kwezie was.  I could not give them the details of what happened to Kwezie.  I was just making enquiries about my son who was shot.

MEMBER OF PANEL: Do you know the police who did that?

NANCY XATULA: They said it was Dululu.  I do not know the surname.  I think at the time he could be traced, but I am not quite sure now.

MEMBER OF PANEL: Was there anything which happened to your children?

NANCY XATULA: Kwezie was arrested several times.  At times he would be at Biki and other times he would go to other prisons.  When he was supposed to appear in Court I would be arrested also or Kwezie would be arrested.  Kwezie was shot again in 1994 in August.  As I am here now I can mention that he is suffering from epilepsy.  I was chased by the
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police because they wanted to finish him off.

MEMBER OF PANEL: Do you know who shot him?

NANCY XATULA: Yes, I know the police.

MEMBER OF PANEL: Do you know his name?

NANCY XATULA: Yes.

MEMBER OF PANEL: Who is he?

NANCY XATULA: It is Loyisi Mdinkie.

MEMBER OF PANEL: After that what happened?

NANCY XATULA: I am still not happy even today.  I have got another son who was shot at Tsolo.  It was April on the 22nd 1994.  His case was never followed up.

MEMBER OF PANEL: How was he injured?

NANCY XATULA: He died.

MEMBER OF PANEL: What about your daughter?

NANCY XATULA: Another son of mine was shot in June.  He also died.  No investigations were made.

MEMBER OF PANEL: Do you know the people who are shooting your children?

NANCY XATULA: I know who shot my son who was in Tsolo.  I told the police.  The only thing that they did, he ran away.

MEMBER OF PANEL: Is he the other policeman?

NANCY XATULA: No.

MEMBER OF PANEL: Do you know that child?

NANCY XATULA: Yes, I know him.

MEMBER OF PANEL: Who is he?

NANCY XATULA: It was Kati Soliklaka.

MEMBER OF PANEL: As I look here I read and find out your daughter was also injured by the police.  Could you give us details about this?

NANCY XATULA: Usually when I was at school I would come back and find out that my children have been abducted by the
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police.  One day the police were in the Qumbu area.  Then they said they were going to arrest the people at Mfuliwani, but surprisingly enough they went to my place and took my children because they said they have toi-toied.

MEMBER OF PANEL: What was happening at the time?

NANCY XATULA: No, my children were just staying at home and they sweep them all.  When I came from school I was surprised because I saw the police in town and we knew that the minute you saw the police you knew that something was wrong.  We knew that they would go up the ceiling and look for everything that you did not know what they were looking for.

MEMBER OF PANEL: What did they do to your daughter?

NANCY XATULA: It was a rainy day and the road is very slippery.  They said, whilst she was expecting a baby, they said she must roll herself over.  She was rolling herself in that distance in that steep area and they said she must roll over, she must make herself to look like a bicycle.  When she stands up they would say she must make a frog jump.  All this happened whilst she was expecting a baby to the extent that that child, you could see that that child did not survive because there was something wrong during her birth.

MEMBER OF PANEL: I would like to thank you Mama.  Is there anything that we have left out?

NANCY XATULA: I have another child who died in December 1994.

MEMBER OF PANEL: What happened to that child?

NANCY XATULA: I was only two days in King William's Town.  I was going back to Maclear to attend a meeting.  Before I could go there I was fetched by one of the young girls.  When I left on Thursday she died on Friday.
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MEMBER OF PANEL: What do you mean when you said they drowned?

NANCY XATULA: The drowned in the swimming pool.  They were just floating on their backs and they were in the swimming pool and they had drowned.  It was surprising because my child looked as if she had been assaulted first.  When I said I would like to attend the post mortem they agreed, but I was never fetched to attend the post mortem.  I was informed that they would do the post mortem at eight o' clock.  When I got there it was all over.

MEMBER OF PANEL: I would like to hand you over to the Commissioner so that some issues can be clarified.

MEMBER OF PANEL: I have one important issue that I would like to ask.  I am sure you have a reason to be here.  Could you please tell us why would, what would you like us to do for you?