Human Rights Violation Hearings — Vryheid — 1997-04-17

WITNESS:   Yes, they are receiving pension.

CHAIRPERSON: It is very sad that the situation we've been through in our country didn't choose.  It happened to many people.  At your age it's nice and it feels good to know that when you look back you know you've worked all your life and this is what you've worked for.  It's very sad that someone at your age will look back and realise that he had lost everything he worked for when he was still young, and worse when you realise that these things have been taken away from you by people, just people who didn't really care about life or human life.  You didn't even expect or anticipated that these things will happen to you.  Maybe we can hope that our grandchildren won't experience what we've experienced.  As you've heard my colleague telling you that we will make recommendations to the President, even though it will take time.  Right now what we have, or what we can offer, is we do have our counsellors and psychologists who can help you.  Thank you.

CHAIRPERSON: /CHAIRPERSON

CHAIRPERSON: Good afternoon, Mr ... (inaudible) ... you have come to this Commission with regard to the shooting that took place and you were shot.  Before you relate your story to the Commission we would kindly ask you to stand up, raise your right hand in preparation of taking the oath.  And I also would like to thank you for the opportunity that you came to the Commission to relate your story.

SOLOMON TSHAKALA: (Sworn, States)

CHAIRPERSON: Mr Lax will be the one who will be helping you in relating your evidence.

MR LAX: (Inaudible) ... can you hear me now?

WITNESS:   Yes, I do.

MR LAX: Sorry, once again I just - good afternoon to you.  We have had the details of your family with which you've kindly provided us.  One aspect that wasn't covered was your parents.  Are your parents still with us?

WITNESS:   No, they aren't.

MR LAX: Now, you are from the Highlands area in Pongola, is that correct?

WITNESS:   That is correct.

MR LAX: And you're going to tell us about the incident where you were shot.

WITNESS:   Yes, that's correct.

MR LAX: In 1989.  I beg your pardon, 1991.

WITNESS:   That is correct.

MR LAX: Before we get to that incident, you mention in your statement that there was a dispute between two different chiefs in your area.

WITNESS:   That is correct.

MR LAX: Who were those chiefs?

WITNESS:   Chief Hlangamanza and Chief Ntshangase.

MR LAX: What was the dispute about?

WITNESS:   It was about the  /area.

MR LAX: area.

MR LAX: (Inaudible) ... the area?

WITNESS:   Hlangamanza was the one who said to Chief Ntshangase he was owning his area.

MR LAX: How did this dispute develop further?

WITNESS:   In 1988 - it started from 1988 to 1989.  There was a dispute, and it led to court.  And after the hearing of this dispute in court in 1989 there was peace.  It so happened that people were relaxed, but they were not so relaxed because some people lost family members.  There was peace though, even though people couldn't see eye to eye.  It so happened that in 1991 in January my child came from Johannesburg.  His name was Busanangu.  I left home at about 11 o'clock, accompanying him to the station - bus stop.  As we were heading towards the bus stop he boarded a taxi - or a bus.  I returned back home.  After my son had boarded the bus, as I was heading home, a certain car came belonging to Mr Ngwenya.  There were five of them inside that car, and then I told myself, "Oh, there's a car," and I realised that it was Mr Ngwenya's car.  He got off from his car and he opened the door for these four other people who were also inside the car.  And then Mr Ngwenya said to me, "Ntshangase, here are these people," and I got confused and then I approached them.  As I was approaching them one guy pointed a gun at me.  He was from behind that car.  And then I was still surprised and they started firing.  One bullet shot got into my hand and the other one into my jaw.  And Mr Ngwenya was now inside his car, at the back of his car.  He knew all these people and he knew their mission.  A second man came from the front of the car.  He shot at me.  And then I kept on approaching them, and I held an umbrella in my hand.  And then they shot at Mr Ngwenya's car.  Four bullets got into Mr Ngwenya's car.  And then this guy chased them away, and they got into a kombi and then they drove off.  And Mr Ngwenya took us to hospital.   I didn't know these people.  I didn't know them at all.  In hospital they referred me to Ngwelezana Hospital because the doctors from the first hospital said they couldn't help me.  So also in Ngwelezana they referred me to King Edward.  I was admitted there for two months.  They stitched my jaws.  I couldn't eat.  I was drinking amahewu.  I got better and I was discharged, I went back home.  I arrived home on Monday.  When I got home - on Wednesday I was supposed to go back to King Edward - I heard that Mr Ngwenya had been killed.  He had been shot dead.  I went back to hospital.  I was treated and they told me I should come for check ups.  I went back home.  Police came to my house, and they had names of the people who shot at me.  They told me that "The people who shot you were Jabulani Manana, Elliot Mkwanazi."  And then I asked the police what was the reason.  The police told me, "We don't know."  We went to court, to Piet Retief Court, and the case was remanded.  It was still in 1991.  I think it was somewhere in May.  The case was remanded to the 5th of June.  We went back.  After the 5th of May I got back home and there was no one who came back to me to explain, and I saw a policeman who took the statement from me.  I asked the police, "What happened?  How come I am not hearing anything about this case?"  The police told me, "I was in Soweto."  I asked the police, "If you are in Soweto you took all the papers or the statements with you?"  The police said, "No, I left them with other police."  So I asked the police, "How come because there was no one who came back to me and told me as to when the case was going to be heard?"   And later I learnt that the case had been heard and I wasn't supposed to be told about it.  And there were lawyers there, and then I wanted to found out as to what was going to happen to me.  I couldn't get any assistance and I was delayed that I came before the Commission today.  I think I've got a chance.  Maybe you can help me with this regard.

MR LAX: There are just some aspects I'd like to follow up.  You - I am just concerned that I am not calling you by the right name.  You mentioned that they spoke to you as Ntshangase.  Is that your surname, or is that somebody else who was with you?

WITNESS:   Ntshangase is my son, the one I was accompanying to the bus stop.

MR LAX: Now, there were other people that were accompanying you.

WITNESS:   Those are the people who were in Mr Ngwenya's car.  They were all going to the same area where I was going.

MR LAX: You mentioned the name Simon Ntshangase, Amos Ntshangase, Mapuzweni Ntshangase.

WITNESS:   Those are the people I was with.

MR LAX: (Inaudible) ... people who got out of the car and were talking to you when these people approached?

WITNESS:   Yes, those are the people we were shot with.

MR LAX: (Inaudible)

WITNESS:   Yes, with me.

MR LAX: (Inaudible) ... Amos Ntshangase was also shot, and that he later died of his injuries.

WITNESS:   Two of them died, Amos Ntshangase and Ngwenya.  Those two died.

MR LAX: Now, was Ngwenya shot at that time or at a later time?

WITNESS:   Later time, after I left hospital. Okay.  Now, do you know anything about the people that shot you, what their motivation might have been?    ---   No, I don't have any idea.  That's what I need to understand.  I need to know what I have done.  I still need to resolve this thing with these people.