Human Rights Violation Hearings — King William's Town — 1997-05-13

NODIDA JANE ZAMKANA: They said that the case is over, I am a drunkard.  So I said I do not drink in the middle of the week and I do not drink Brandy, I only take Xhoza beer, they then withdrew the case.
 I went home, I was scared to go.  I would sleep on the floor, I was afraid, terrified of Vusumzi. I would sleep on the floor.  I could not stay...

JUNE CRICHTON: Mrs Zamkana, I can understand how you must have felt at that stage, but I need to ask you now to go back to that room again.  Was anybody from the attorney's office there in that room?

NODIDA JANE ZAMKANA: No.  If my Attorney was there, they would not have withdrawn the case.

JUNE CRICHTON: So you reported this matter to the Attorney, did you or did you not?

NODIDA JANE ZAMKANA: Yes, I did.  I needed his representation.  But when they called me, they called me on my own.  I don't know if they corresponded with him at all.  I just went home after that.

JUNE CRICHTON: So there has been no follow up since then?

NODIDA JANE ZAMKANA: No.  It has been quiet.  I don't want to start this whole mess up again.  I was afraid.  I would hear the police van coming, I would go sleep on the floor, I was even afraid to walk around Stutterheim.
 When the whole thing cooled down, I was too scared to stir it up again.

JUNE CRICHTON: Mrs Zamkana, I want to ask you now how you actually are medically, your health, what is your health like now?

NODIDA JANE ZAMKANA: I am all right.  I just suffer from fear over time, I am nervous.  I don't want to go anywhere, I am too scared.

JUNE CRICHTON: And your son?

NODIDA JANE ZAMKANA: My son was arrested.  After he had come back from Johannesburg he was arrested, he stayed in jail for three years.
 He now works, I don't know his full story, I was just talking about myself, but he was arrested in Johannesburg.  They threatened to murder him.  They said they would kill him because he was spoiling the land.

JUNE CRICHTON: Is there anything else you wish to add to your testimony before you tell us what you are hoping the Commission will do for you?

NODIDA JANE ZAMKANA: I think I have divulged all.  I have always wanted to talk about these things because they were bottled up, I am glad I have been able to talk like this today, perhaps I will be healed.

JUNE CRICHTON: Mrs Zamkana, I am grateful that you have been able to talk as well because I am sure that by talking, some of that fear will evaporate.  I pray that that is so.  Thank you.

CHAIRPERSON: Mr Sandi?

ADV SANDI: Thank you Mr Chairman.  Mrs Zamkana, perhaps before I ask these questions, I would like to clarify according to the law set by Parliament, when we listen to these stories, we are supposed to ask questions so that we can get a full picture in connection with what happened at whatever time and whatever place.
 Also incidents that occurred before the person's incident, meaning that the status quo, did you listen to the other witnesses and how the police in Stutterheim handled themselves?

NODIDA JANE ZAMKANA: Yes, I was listening.

ADV SANDI: Did you hear what they said?

NODIDA JANE ZAMKANA: Yes.

ADV SANDI: As a person from Stutterheim, what is your opinion of the Stutterheim police?

NODIDA JANE ZAMKANA: They were cruel.

ADV SANDI: When people had problems, would the people go to the police station to report their cases?

NODIDA JANE ZAMKANA: No, people would not go because you cannot go and report a matter to a policeman about another policeman.

ADV SANDI: And those people that were brave and went for help to the police station, what would happen to them?  Would they get the help they needed?

NODIDA JANE ZAMKANA: Well, I don't know, but I did not want to go and report these cases.  I was fearful, I was fearful of anybody, I would just stay in my yard.  But all the police were wicked.

ADV SANDI: You said that the police were violent as well?

NODIDA JANE ZAMKANA: Yes, they were violent, you could not go from one police to another to ask for help.

ADV SANDI: What did they do?

NODIDA JANE ZAMKANA: They would assault people.

ADV SANDI: Is it not the police that is supposed to protect the people?

NODIDA JANE ZAMKANA: Well, they were not protective at that time.

ADV SANDI: Mrs Zamkana, are there police that you know of that were arrested from Stutterheim for all these atrocities?

NODIDA JANE ZAMKANA: No.

ADV SANDI: In your statement you say that a certain policeman that was supposed to be your witness, refused to stand for you, he was not called.

NODIDA JANE ZAMKANA: This is Ntebe.

ADV SANDI: Is it Ntebe that was mentioned here?

NODIDA JANE ZAMKANA: Yes, he is the one who passed away.  On that day it was Vusumzi, his brother and himself.

ADV SANDI: Ntebe had not passed away at that time?

NODIDA JANE ZAMKANA: No, he was still alive.  But I had heard that he had resigned from the police force.  He had not passed away at that time, however.

ADV SANDI: Thank you Mrs Zamkana, thank you Mr Chairperson.

CHAIRPERSON: Thank you Mrs Zamkana, you have talked about a Xhoza house.  What type of house are you talking about?

NODIDA JANE ZAMKANA: I am talking about a rondawel, a hut.

CHAIRPERSON: Secondly, in reverence to these policemen, Sipho Ntebe whom you said did not hit you, you said that when Vusumzi and his family were there and you were discussing this matter, Ntebe did not come?

NODIDA JANE ZAMKANA: He was not there, because I know him.  I could have identified him.

CHAIRPERSON: According to your statement he refused to give evidence.  Do you want that to be corrected?

NODIDA JANE ZAMKANA: Yes, it was a mistake.

CHAIRPERSON: You say that six White policemen came to you at home asking you about your son.  Do you know their names?

NODIDA JANE ZAMKANA: No.

CHAIRPERSON: The one person you knew is Vusumzi Kule?

NODIDA JANE ZAMKANA: Yes.

CHAIRPERSON: And Sipho Ntebe?

NODIDA JANE ZAMKANA: Yes.

CHAIRPERSON: How come you knew Vusumzi Kule?

NODIDA JANE ZAMKANA: He stays in the same village.

CHAIRPERSON: Did you have a dispute?

NODIDA JANE ZAMKANA: No, there were no problems.

CHAIRPERSON: Where is Vusumzi Kule?

NODIDA JANE ZAMKANA: He is around.  He still works in Stutterheim.

CHAIRPERSON: How do you feel when you see him?

NODIDA JANE ZAMKANA: I don't feel bad.

CHAIRPERSON: When you have a problem that needs a policeman, are you able to go to him?

NODIDA JANE ZAMKANA: No, I cannot go to him, but he greets me and I greet back.

CHAIRPERSON: Mr Sandi?

ADV SANDI: Mrs Zamkana, have you heard of a Station Commander?

NODIDA JANE ZAMKANA: Yes, but I don't know what a Station Commander is all about.

ADV SANDI: Do you know if there was a Station Commander in Stutterheim?

NODIDA JANE ZAMKANA: I would hear about him, but I never saw him.

ADV SANDI: According to your knowledge was he interested in the actions of the police?

NODIDA JANE ZAMKANA: No.

ADV SANDI: Did you hear of a Station Commander trying to bring order to the behaviour of the police?

NODIDA JANE ZAMKANA: No.  When these things happened, we never thought they would happen to us.

ADV SANDI: How old do you think Vusumzi is?  Do you think maybe his is as old as one of your children?

NODIDA JANE ZAMKANA: Madoda is younger than Vusumzi.

ADV SANDI: Would he be young enough to be your child?

NODIDA JANE ZAMKANA: Yes.

ADV SANDI: How did you feel when you were assaulted by someone who was young enough to be your own child?

NODIDA JANE ZAMKANA: It was terrible.  When he was assaulting me, I had to call him father because of the way he was treating me.

ADV SANDI: Thank you Mr Chairperson.

CHAIRPERSON: Mrs Zamkana, you've made requests before the Commission, is that so?

NODIDA JANE ZAMKANA: Yes.

CHAIRPERSON: What did you request?

NODIDA JANE ZAMKANA: If the Commission could help with my children's education.

CHAIRPERSON: How old are they?

NODIDA JANE ZAMKANA: The one was born in 1981 and the other in 1990.