Human Rights Violation Hearings — Pollsmoor — 1996-11-27

ADV POTGIETER: Good Morning Ms Konile.

MS KONILE: Morning.

ADV POTGIETER: And with you is Mr Mbenyana.

MR MBENYANA: Morning.

ADV POTGIETER: Morning to you to, welcome.  We have got a written statement from Mr Mbenyana, but Ms Konile will also be giving evidence.  So, I am going to ask you both to take the oath and for that purpose to stand please.
ELSIE KONILE Duly sworn states
TSHERDEN MBENYANA Duly sworn states

ADV POTGIETER: Thank you, you may be seated.  Ms Konile, we will start with you.  You are the mother of Zabonke Konile who was one of the seven young men that  got killed in the incident that we are looking at today.

MS KONILE: Yes.

ADV POTGIETER: Are you - are you resident in Cape Town or where do you stay?

MS KONILE: I stay in Village in Ndwe

ADV POTGIETER: So you have come a long way to attend the hearings and we thank you for that.  Now, would you like to tell us what kind of child Zabonke was, what he was doing and what you know about this incident  and how he was killed?

MS KONILE: He had come to work in Cape Town.   Some people just came to fetch me.  They came to tell me that he had been shot near the forest.  He had been shot apparently the previous week.  I was fetched from Ndwe.  We went from township to township.  I am not sure exactly the names of the townships, because I don't stay here.
I was then put on a  mortuary Kombi, they took me to the mortuary.  I was with  [indistinct]  at the time.   When I got there and I saw him, I could not even breathe, I was gasping for air.  He was just lying there, dead.  There were a lot of bodies, but his was the first one there.  I could see that this was my child, Zabonke, but he was filthy, absolutely filthy.  All swollen up around the head.  I just fell over,   I was taken and put on a bed.
Somehow I had been transported elsewhere.  I was given medication.  They asked if I was feeling better - I said yes, even though I could sense that I was not fully conscious.   I insisted that I had felt better,  we then were put on yet another car.   Yes we were taken to KTC where he used to stay.  There were a lot of people there already.  They somehow referred to him as a hero.
The police came with their guns.   They said that nothing would be done in preparation for the funeral.  The people that were there insisted, saying that they will prepare, they will do the work.  I was just -  I was not fully alert.  I didn't even know what was going on.
We were then taken by the same Kombi - we were asked to choose a coffin.  There were quite a few ladies, mothers to the deceased.  There were seven coffins.  After that, we left.  The next morning we went to the grave yard.  When we got to the grave yard and all seven coffins were there boers came.  They pointed - they pointed their guns at all of us.  And we could not continue with the funeral.  People dispersed they were running away.

ADV POTGIETER: Are you feeling a bit better - if so then you can  complete the testimony, but take your time.

MS KONILE: I feel slightly better.  I didn't think I would break down, but I have a problem, because Zabonke was my only child.   He worked for me, he supported me.  I had no problems at the time.   He was like my husband.
At the funeral the boers came and people dispersed, but we continued with the burial - we were taken home.  I was never happy in my spirit again.  Zabonke has a daughter she was still crawling at that time.
The boers came to our house.  I was then taken away.  Some people went and they helped my hide in the loo - I don't know when Kanyisa was taken too.  In all the difficulty, living in fear, because I didn't know that this was the way of life in Cape Town.  So, I went home, that is it.

ADV POTGIETER: Thank you Ms Konile, have you ever been at any of the court cases?  Have you ever heard testimony of what had allegedly happened when your son was shot and killed?

MS KONILE: I did not get any report except for the time we were called - when they just wanted to ascertain  who the mothers of the deceased were.

ADV POTGIETER: Now as it was indicated earlier, our investigators have looked into the incident and as I have indicated earlier, there are certain conflicting evidence of what happened.  And one of the important purposes and reasons for having you present at these hearings over the next two days, today and tomorrow, is for you to listen to what the various witnesses say happened.
Tomorrow we will listen to the testimony of the police - some of the police.  Who can  testify about the incidents so you will be able to hear, today - what some of the eye-witnesses saw things happening, what they say and you can hear tomorrow what the police are saying.  And you can listen to the results of our own investigation.  So we thought it is important for you to be present and to at least hear now for the first time some evidence about what happened.
I just thought I must explain that to you.  If you have nothing to add, then I am going to ask Mr Mbenyana to add to your testimony what he wants to add.