Human Rights Violation Hearings — Empangeni — 1996-11-04

WITNESS:   (Mariette Mnyaka replies) My son left for his brother-in-law's place, then stayed there and late at evening someone came and told him that there was an ox which was on sale, and when he was coming back home - because what I'm relating to you is something that someone related to me.  I wasn't there.  He said Inkatha's came and then they surrounded him.  They shot him.  They put a knife at his neck.  I only heard the next day.  Someone from my daughter-in-law's house came to tell us.  His brother took my daughter-in-law with him and then they went there to check that body.  It was lying in the road.

KHOZA MGOJO:  Let me just ask one thing so that I can clarify this.  Someone told you that your daughter-in-law's brother was killed?

WITNESS:   Yes, they were killed, both of them.  They were killed in front there.  We heard that they shot my daughter-in-law's brother and they shot my son.  After my daughter-in-law left for her home she came back and then I asked her, "What's wrong?", then she told me that ... (inaudible) ... as well is late.  Tuwenkosi.

KHOZA MGOJO:  How old was Tuwenkosi?

WITNESS:   (Lindiwe Mthembu replies)  He was born in 1967.  His surname is Msane.

KHOZA MGOJO:  Was he married?

WITNESS:   No, but he had children - two girls.

KHOZA MGOJO:  How old are his children?

WITNESS:   The eldest is 8 years and then the youngest I don't know.  The one who is 8 years is still staying with my mother.

KHOZA MGOJO:  Is she at school?

WITNESS:   Yes, she is in class 3 too.  Her name is Lindile.

KHOZA MGOJO:  Was she left with your mother?

WITNESS:   Yes, she is staying with my mother.  She only took the last-born with her. Where is your mother staying?   ---   My mother is staying at Sokhulu.

KHOZA MGOJO:  Is she working?

WITNESS:   No, she's not working and she's not a pensioner.  My father is dead.

KHOZA MGOJO:  How come your mother didn't come to write her statement or to give her statement?

WITNESS:   She did.  It's just that they didn't call her.

KHOZA MGOJO:  Now I have the full picture of your family.  Now I would like you to relate after he was shot and his body was lying there.  Did they tell you how they killed him?

WITNESS:   (Mariette Mnyaka replies)   Yes, they shot him and then they tried to slaughter him.  He was dead.

KHOZA MGOJO:  Do you know if there's anything that scared them?

WITNESS:   No, I won't know.

KHOZA MGOJO:  Your son and his brother-in-law, were they members of any organization?

WITNESS:   No, my son wasn't.  The only thing that I heard is that all the people who were working for RBM were going to be killed.  Inkatha said that they were going to kill everyone who was working for RBM, because - that was said that even the whites who were working for RBM were ANC members, but my son wasn't.

KHOZA MGOJO:  Are you sure that your son wasn't an ANC member?

WITNESS:   The area where we are staying is ANC area.  We are ANC, but we are scared to tell people that we are ANC, because they'll kill us.

KHOZA MGOJO:  Lindiwe, what about your brother?

WITNESS:   (Lindiwe Mthembu replies)   He was ANC.  Even the area where we live is an ANC area.

KHOZA MGOJO:  This ox he was going to look for because it was on sale, where was that area?

WITNESS:   (Mariette Mnyaka replies)  It was at Mthembu's house. Who told him that there as an ox on sale?   ---   I don't know, because what I'm relating here is something that I heard from people.  There wasn't any ox on sale at Mthembu's house.

KHOZA MGOJO:  Was he used to these people who came and fetched him from your house?

WITNESS:   I don't know whether he was friends with these people, but I just think it was just a plot.  There was never a cow selling at Mthembu's house.

KHOZA MGOJO:  These Inkatha people who surrounded your son, do you know any names?

WITNESS:   No, we don't, because what I'm relating today, as I said, it's something that I heard and I never heard of a single name, except that they were Inkatha people.  We reported this matter to Mbonambi Police Station.

KHOZA MGOJO:  KwaMbonambi?

WITNESS:   KwaMbonambi Police Station.  The police came at the spot where he died.  They never investigated the matter.

KHOZA MGOJO:  When you asked the police why isn't there any investigation done, what did they say to you, after you reported this matter to them?

WITNESS:   They promised that they will investigate.  So up until today we've been waiting for the police.

KHOZA MGOJO:  Do you know any policemen whom you talked to?

WITNESS:  It was a white policeman, so we don't know him.

KHOZA MGOJO:  Is he still there?

WITNESS:   Yes, he's still there.

KHOZA MGOJO:  You don't know his name?

WITNESS:   No.

KHOZA MGOJO:  Other policemen who were there at KwaMbonambi Police Station when you reported the matter, don't you know them?

WITNESS:   No, we don't.  We were confused on that day.

KHOZA MGOJO:  Did you receive a death certificate?

WITNESS:   Yes, we did. Do you still have it?   ---   Yes, we do.

KHOZA MGOJO:  What's written on that death certificate, the cause of the death?

WITNESS:   I don't know.  I never looked at it, but I still have it here.

KHOZA MGOJO:  We just want to see what the doctor wrote there, the cause of the death.  Do you know the name of the doctor who wrote that death certificate?  Was he a Government doctor?

WITNESS:   No, we don't know.

KHOZA MGOJO:  If you don't have that copy we will need one.  You must try and find one, because we must see what was written there.  We want to know the cause of the death.  Now, if I may ask.  Your family seemed to be a very big family.  Who is taking care of you?  Who is maintaining you?

WITNESS:   I'm receiving pension, even though it's not enough.

KHOZA MGOJO:  So everyone from your family is relying on a pension?

WITNESS:   Yes, plus I am also a hawker.  I am selling vegetables and fruit.  We are selling fruit and vegetables.

KHOZA MGOJO:  And this money, is it enough to take care of the whole family?

WITNESS:   No, it's not.

KHOZA MGOJO:  Is your daughter-in-law working?

WITNESS:   (Lindiwe Mthembu replies)  No, I'm not working.  When my husband died we were staying together in our house, our own house, and my children.  After he died RBM is giving me a monthly grant.  Yes, I am receiving something from RBM.

KHOZA MGOJO:  If I may ask one thing now.  How this thing affected you as a family?

WITNESS:   (Mariette Mnyaka replies)  It has affected me grossly, because I'm facing hard time.  I can't maintain my children sufficiently, because my son is the one who was maintaining us. You also said your house was burnt.   ---   I can't tell that because it was after he came I ran out.  I left the place.  My daughter-in-law is the one who saw, but she said she only arrived at the place after there was no one there.  I went and reported the case to KwaMbonambi Police Station and afterwards there was nothing.  They never investigated the matter.

KHOZA MGOJO:  Where are you staying now?

WITNESS:   After my house has been burnt one bedroom was left.  It wasn't destroyed fully, so I am now staying in that bedroom.  I tried to fix it a little bit and now I failed there.

KHOZA MGOJO:  I think I've something written down here that you were staying somewhere and the house burnt.

WITNESS:   After I came back I didn't want to go back where I was hiding. After my house had been burnt I stayed at my daughter-in-law's house and then something told me that I must go back to my house even if it was destroyed.  Now I'm staying there.  I fixed one bedroom from that house.

KHOZA MGOJO:  Now, you are asking this Commission to do what for you?  Do you want the Commission to investigate or to do what?

WITNESS:   No, I can't tell the Commission to investigate - to investigate what?  Because there is nothing I can get, knowing who killed my son.  All I need is the Commission to help me rebuild my house.