Human Rights Violation Hearings — Tembisa — 1996-11-28

MR LEWIN: Mr Mabhena we would like to welcome you to the stand.  Before you tell your story please take the oath.

MICHAEL MANDLA MABHENA: (sworn states)

MR LEWIN: Thank you.  Mr Mabhena you are here today to tell us the story of your brother in fact, is that not so?

MICHAEL MANDLA MABHENA: That's correct.

MR LEWIN: It relates to an incident in June 1993.  Please feel relaxed, I will lead you, we would like you please to tell us what happened on that day in June 1993.  Feel relaxed, tell us your story in your in your own time.  Thank you.

MICHAEL MANDLA MABHENA: I was asleep at home. It was past 8 o'clock.  Time went on until at night.  It was about past 3 o'clock in the morning.  I then heard the sound of a helicopter.  I went outside to investigate and I saw police cars and these were combis, they were green in colour.
 At about past 4 o'clock I heard shooting.  After the shooting I didn't go out to see as to what they were shooting.  I slept at home and my mother wasn't home at the time, I was alone and my brother was out at that night in another section.  They were working at that section.

MR LEWIN: Your brother's name?

MICHAEL MANDLA MABHENA: Nxholisi.  I went back to sleep.  Early in the morning a woman came to our house and she asked where my mother was.  I asked her what was the problem.  She said there is no problem.  I tried to persuade her to tell me but TEMBISA HEARING TRC/GAUTENG
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she said there was nothing.  Later she told me that my brother has died. After she left I went out following her and I found my brother.  It was somewhere in the forest, there was nobody around.  I looked at him and he was dead.  I tried to turn him to see.  I could see that all his bones were broken.  Then I went and looked for my mother.
 I told my mother and after I told her she couldn't speak.  She just fell down.  I don't know whether she fainted.  I can't continue with my story.  I can't.

MR LEWIN: Take your time.

MICHAEL MANDLA MABHENA: At the night the same day when my brother was killed I saw these cars which came to my place, they were white and they had smeared some chemicals on their faces.

MS MKHIZE: We know that when you try to go back and remember everything it's painful.  As you explained what has happened to your mother.  However, it might help you if you can try to be strong and continue with your story.

MICHAEL MANDLA MABHENA: After I have seen these people I suspected that those were the people who might have killed my brother.  They were not alone, they were with some people from another section at Vusimuzi.  It was an Inkatha section.

MR LEWIN: Mr Mabhena would it help if I asked you some questions and then you could just answer the questions, would that help?

MICHAEL MANDLA MABHENA: That's correct, I can.

MR LEWIN: If you could perhaps tell us what your brother was involved in, because you mentioned in your statement that he was part of a patrol, if you could tell us about that patrol and what he was doing.

MICHAEL MANDLA MABHENA: They were patrolling because at that time there was a fight between us and the Vusimuzi Hostel
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residents.

MR LEWIN: Was that at the time that the Xhosa-speaking people had been pushed out of Vusimuzi?

MICHAEL MANDLA MABHENA: Yes Sir.

MR LEWIN: And so your brother was patrolling with friends to try and sort out the problems, is that right?

MICHAEL MANDLA MABHENA: Yes Sir.  He was involved also as a member of the ANC.

MR LEWIN: Okay.  And have you discovered afterwards from what people have told you what actually happened or what you think happened?

MICHAEL MANDLA MABHENA: Where Sir?

MR LEWIN: Happened to your brother when he was shot that night, do you have friends or people who witnessed the shooting?

MICHAEL MANDLA MABHENA: There were people but they were also shot.

MR LEWIN: Were they also killed?

MICHAEL MANDLA MABHENA: No they were not killed.

MR LEWIN: I mean has anyone explained to you why your brother was in the state that you found him?

MICHAEL MANDLA MABHENA: What do you mean Sir?

MR LEWIN: You mentioned that you found his body and that obviously all the bones in his body were broken, has anyone explained that to you?

MICHAEL MANDLA MABHENA: Yes there is someone who explained to me.

MR LEWIN: Can you tell us what that person said?

MICHAEL MANDLA MABHENA: After 5 o'clock there are people who go to work in the mornings.  They were patrolling and they were trying to guide these people as to what route to take.  And they asked these people where were you going and these people said you do not ask what we are doing, it's none of
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your business.  They found out that they were asking the killers this time.

MR LEWIN: But were those people identified in any way?  Why do you think they were from the hostel?

MICHAEL MANDLA MABHENA: It is because after everything they disappeared into the hostel.

MR LEWIN: They were seen going back into the hostel?

MICHAEL MANDLA MABHENA: Yes Sir.

MR LEWIN: And were any reports made to the police?  Did the police come and investigate?

MICHAEL MANDLA MABHENA: The police were told on the very same day but they never came back.

MR LEWIN: And what did you do, you mentioned these forests, can you tell us where the forests are and then what did you do with your brother's body?

MICHAEL MANDLA MABHENA: I just turned his body over.  This forest is near Vusimuzi, it's at the garage.

MR LEWIN: And what did you do about burying your brother's body?

MICHAEL MANDLA MABHENA: He was the sole breadwinner.  My mother was just keeping the mother but he was the one who was supporting us.

MR LEWIN: And then can you tell us what has happened to the family since then, since 1993, how do you survive?  How is your mother?  How are you?

MICHAEL MANDLA MABHENA: We are just surviving but not so well like before because there is no one working now.

MR LEWIN: What are you doing yourself Mr Mabhena?

MICHAEL MANDLA MABHENA: I am a student.

MR LEWIN: What are you studying?

MICHAEL MANDLA MABHENA: I am studying at Nxysivele.
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MR LEWIN: And none of your other brothers and sisters are able to work and bring in money?

MICHAEL MANDLA MABHENA: My other brothers and sisters are married now.

MR LEWIN: And do they help look after your mother?

MICHAEL MANDLA MABHENA: I would not know that because we are just surviving as we were surviving like before.

MS SEROKE: You say that they shot your brother and you said when you turned him over you realised that all his bones were broken, how were they broken?  As you said he was shot, was there any post mortem to show the cause of death?

MICHAEL MANDLA MABHENA: He was shot, after he was shot they broke all his bones.

MS SEROKE: It means they were hacking him.

MICHAEL MANDLA MABHENA: They were not hacking him but they were just breaking his bones like using an object.

MS SEROKE: In your statement you said he was abducted, did they take him from one place to another place?

MICHAEL MANDLA MABHENA: Yes they took him to an open place.

MS SEROKE: These people who witnessed the incident are they still alive?

MICHAEL MANDLA MABHENA: Yes they are still alive.

MS SEROKE: How old is your mother?

MICHAEL MANDLA MABHENA: If I reckon she is 49.

MS SEROKE: You said she is not working?

MICHAEL MANDLA MABHENA: That's correct.

MS SEROKE: How is her health?

MICHAEL MANDLA MABHENA: It's not that good, just like myself.

MS SEROKE: Thank you.

MS MKHIZE: How many people were injured  on that day?

MICHAEL MANDLA MABHENA: There were three.

MS MKHIZE: Were they also killed?
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MICHAEL MANDLA MABHENA: No.

MS MKHIZE: Are they still alive, how did they survive?

MICHAEL MANDLA MABHENA: I think my brother was in front and they were coming behind him.  When they see the people drawing their guns those who were behind ran away.