Human Rights Violation Hearings — Durban — 1996-08-30

WITNESS:   Some were injured and some were arrested, because we were told and restricted that we should not have more than 250 mourners, and they told us that we should not conduct a mass funeral, the corpses should be separated.

UNKNOWN: Is it the same funeral where you said some were arrested?

WITNESS:   Yes, they were at my sister's funeral, together with a certain person from the Sibisi family.

UNKNOWN: Do you remember how many were arrested?

WITNESS:   I do remember.  It was an Mthembu gentleman who was arrested in that funeral, and I know where he stays.  And he was released after quite a few days.

UNKNOWN: You said others got injured.

WITNESS:   That is correct.

UNKNOWN: How did they get injured?  Were they shot, or what?

WITNESS:   There was an altercation between the mourners as well as the police at the cemetery, and later on they got assaulted.  They were assaulted by the police.

UNKNOWN: In this case did you ever get any form of compensation, or you never pursued a civil claim?

WITNESS:   No, we never got anything, because we were waiting for the attorneys to tell us as to what was going on.

UNKNOWN: And that was the end of it?

WITNESS:   Yes, that was the end of it.

UNKNOWN: This is a pathetic story, because even besides the fact that your sister had gone out of the country, but she did help you, she did maintain you as a family.  Now, as you know the trauma that you've gone through, and your father died, and your sister now died also, what are your

UNKNOWN: expectations from the Commission?  What do you think the  Commission can do to help you?

WITNESS:   I wish that this case can be re-opened, and I want de Kock to appear before the Truth Commission, as well as Nofumela and other boers, because we want them to tell us as to why they did what they did.

UNKNOWN: You said you would also like to be helped to further your education.  How many are you?

WITNESS:   The other ones have now got jobs.  I am the only one who is attending school now.  All are working.

UNKNOWN: Are you - at this moment do you feel that all of you are healthy?  We do understand that you've been traumatised emotionally, as well as mentally.  How do you feel about you and your family physically and emotionally?

WITNESS:   We have tried to forget, but what disturbs us is that nothing is going on with regard to the case.  We would like to know as to the circumstances surrounding our sister's death.

UNKNOWN: What makes me ask you is that people may not notice - or you may not know it that you have been tormented, or maybe you need psychological help.  Is there anything that you notice with your sisters or yourself?

WITNESS:   No, I haven't seen anything.

UNKNOWN: I think what makes that is because you have told yourself that you want to put this behind you and go on with your lives.  Maybe you can also speak to social workers and they could see what they could recommend, whether you need any psychological help or not.

UNKNOWN: I am going to ask you just two questions in order to clarify certain issues.  According to this statement it's said that in 1982 Makhosi was a member of the ANC.  Are  you referring to UDF.

WITNESS:   At that time there was an organisation called Khozas.

UNKNOWN: Was it under the UDF?  And ANC was a banned organisation then.  I want to correct the records.  You also said the funeral was prepared for by Mlaba as well as the ANC.  You mean UDF?

WITNESS:   That is correct.

UNKNOWN: I did not hear you when you counted the people who died with your sister, you were quite fast.  You counted the people or the corpses which came back with Makhosi's corpse.  Amongst the people who died was Nomkonzo there - Nomphumelelo?

WITNESS:   No, Nomphumelelo is still alive.  They were left in Swaziland.  By the time she came back from Swaziland she was with other people.  They separated in Swaziland.

UNKNOWN: How related were you?

WITNESS:   They were related to my mother.

UNKNOWN: How?

WITNESS:   Because they were both Mbathas.  They were from the same clan.

UNKNOWN: You said when the police showed you photos of the corpses they said they were going to finish them one by one, and there were many of them.  Were there any faces that you could identify on the photos that you knew at that time?

WITNESS:   I heard after they had left that my sister knew one of the people in the photos.  He was staying at J Section, but he has now come back and he is staying at J Section.  He is staying in Durban.

UNKNOWN: My last question.  All these people who were killed, were they members of MK?

WITNESS:   That is correct.

UNKNOWN: You said you are attending school, and you are the only one who is attending school.  Where are you attending school?

WITNESS:   I am a student at Technikon SA.  I am doing my first year.

COMMISSIONER: Nelly, we thank you very much for coming here and repeating your story.  Many of us here remember the news reports from that time in 1988 which highlighted the brutal manner in which your sister and her friends died, and particularly the shocking manner in which the bodies were treated after they had been shot.  And it must have been terrible for you to have witnessed your sister in that condition, and also to have had ongoing harassment from the police at the night vigil and at your sister's funeral.
In your statement you mentioned the name of de Kock, and you probably know that he has just been found guilty of 89 charges, including six charges of murder and two charges of attempted murder, robbery, theft, fraud, and other charges, in the Supreme Court in Pretoria.  Now, he was not charged with the murders of your sister and her friends.  As you have requested we will take this up with the Attorney-General in this province and in the Transvaal to see why he was not charged for those murders.
Are there any other requests that you want to make of the Truth Commission?  Is there anything that you think that we could do for you?  We don't have power to assist you directly, but our job is to make recommendations to the Government as to how you can be assisted.  You have mentioned that you want us to investigate.  I that your primary request?   Well, we will certainly do that.  So we thank you very much for coming in today and talking to us.  Thank you.

COMMISSIONER: Good morning, Mrs Mdluli.  We welcome you here today.  Thank you for coming in.  You are from Umlazi township.  Can you hear me, Mrs Mdluli?  Can you hear me and understand me?

KHANYISILE MDLULI: Yes.

COMMISSIONER: We greet you.  Thank you for coming in.  You've come to tell us today - you're from Umlazi, you've come to tell us about the death of your husband, Joseph Mdluli, in 1976.  Before you tell us that story please can you stand to take the oath.

KHANYISILE MDLULI: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Dr Randera will now help you with your evidence.

DR RANDERA: Mrs Mdluli, good morning, and a warm welcome to you.  Thank you very much for coming.  Can you hear me?

WITNESS:   Yes.

DR RANDERA: Thank you.  Mrs Mdluli, you've come to talk about Joseph Masobiya Mdluli, who was born in 1925, and had he been alive today he would have been 71 years old.  You are going to tell us what happened on the 18th of March 1976, but before you tell us something about that night and what happened I would really appreciate it if you just told us something about yourself and how many children you have.

WITNESS:   (Pause)  One died two years ago.

DR RANDERA: (Inaudible) ... Mdluli, would you like to drink some water?  (Pause)  You were telling me that one of your children died two years ago.  Do you have any other children?

WITNESS:   I have grandchildren.

DR RANDERA: How old are you, Mrs Mdluli?

WITNESS:   I am 69 years old.

DR RANDERA: Can you tell us something about Mr Mdluli, what work he was doing at the time, and what happened on the 18th of March 1976?