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

CHAIRPERSON: Nodida Jane Zamkana.

NODIDA JANE ZAMKANA: (sworn states)

REV XUNDU: Thank you, Mr Chairperson, she has been properly sworn in.

JUNE CRICHTON: Can you hear mr Mrs Zamkana?  Are you comfortable?

NODIDA JANE ZAMKANA: Yes, I can year you.  Yes, Ma'am.

JUNE CRICHTON: Mrs Zamkana, the statement that you have given to us concerns a search by the police for your son.  This went on over quite a period of time and I would like you to tell us a little bit about your son before you start telling us about what happened to you.  What was his name?

NODIDA JANE ZAMKANA: Madoda Zamkana.

JUNE CRICHTON: And how old was he?

NODIDA JANE ZAMKANA: I cannot remember.

JUNE CRICHTON: Was he still a student?

NODIDA JANE ZAMKANA: Yes, he was at school.

JUNE CRICHTON: And was he a member of a political organisation or a student organisation?

NODIDA JANE ZAMKANA: He was an ANC member.

JUNE CRICHTON: Right, now would you then begin by telling us about that first visit that you had at your house of police searching for him.

NODIDA JANE ZAMKANA: The police arrived at home, White police, it was at night.  They pushed the door down, they said they were looking for Madoda Menesi, these are my sons names.
 I told them that he was not there, they said I would tell them.   They said that I must take them to his room.  We went to his room because I stayed in a rondawel.  There is a bigger house with three rooms.
 There were six police, all White policemen.  When I got there, they asked where he was.  I said that he left in the afternoon, I do not know where he is.  They slapped me, they kicked me, I wet myself.  They said that the truth is coming, that is why I was wetting myself.
 I said I did not know where he was, he had left in the afternoon.  They left.  They said I must go back to my rondawel.  I went in.  The next day they came, four White men, they were looking for Madoda again.
 They would wake me up every night.   They would beat me up.  They would not find him, I would not know where he was.  The third time Vusumzi and Sipho Ntebe also came in the middle of the night.   They came into my hut, pushed the door down, woke me up.  I could not sleep well, I could not even go to other people's houses, because I did not want to endanger other people's lives.
 I became an insomniac.  They said that we must go to my son's room which was painted red.  Vusumzi had a big rifle, Ntebe as well.  Ntebe did not do anything to me.
 When Vusumzi would ask for my son and I would say I do not know, they said that they were going to beat me up.  I said I had no other truth, Vusumzi slapped me, beat me with a rifle at the back, at the back of my head, I bled.
 They asked where he would go for holidays.  I said that he usually goes to my sister in Mdantsane and I've never been to Mdantsane.  Vusumzi would slap me and kick me, Ntebe never touched me.
 Ntebe then said they must go.  Vusumzi said he is taking me to Mdantsane to point out my son.  We went to Mdantsane, this is at night, the three of us.
 Vusumzi was drunk.  When we got to the main road, it had been raining the previous day.  Vusumzi would turn back, hit me with the rifle.  When we got to the main road, there was a whole lot of water.  Just before he was going to hit me with the rifle again, he slipped and fell on the water, he said that he was going to really hit me then, because I had been fighting, he alleged.
 A police van approached with two White policemen.  Vusumzi took me from place to place, he was at the back with me.  He kept on hitting me with his rifle.  When we got there, there were two White police.
 Vusumzi took a sail, put it over my face.  He said that I was going to tell the truth and we were going to Mdantsane.  Vusumzi put something over my head.  After a while he took it off.  
 They insisted that I knew where my son was.  I said that you said we are going to Mdantsane, I was not well at the time because I don't even know Mdantsane.  He put this thing over my head again.
 He again insisted that I knew where my son was.  He put this thing over my head yet again.  When I thought in my heart that I am going to die and I don't know who is going to feed my child, because I had no husband, that thought still stifles me.
 I was thinking about my child, Vusumzi threw me onto the floor.  Vusumzi continued to ask for my son.  The two White policemen were laughing.  This one Coloured man who passed away said that what you are doing, is terrible, because parents don't know what children do.

JUNE CRICHTON: Mrs Zamkana, can I interrupt you here.  They told you that they were going to take you to Mdantsane and they stopped along the way.  Did they stop at some offices along the way or were they just stopping in the open veld?

NODIDA JANE ZAMKANA: There were offices, I don't know what kind of offices.  I would try to breathe and what they put on my head, would stifle me.
 The one policeman asked Vusumzi the time and he said it was three o'clock.  They asked me where I was going to sleep and I said I would sleep where I work as a domestic worker.

JUNE CRICHTON: Mrs Zamkana, I am going to interrupt you again.  When you got to those offices that you don't know what they were, is that where the two White policemen joined Vusumzi and continued with putting the bag over your head?

NODIDA JANE ZAMKANA: Yes.   They were just standing there, it is Vusumzi who tortured me.

JUNE CRICHTON: Now, as a result of this, you decided to take action.  What did you do?

NODIDA JANE ZAMKANA: The one asked the other what the time was and he said it is three o'clock, they asked where I was going to sleep and I said I would sleep at my boss' place.  Ntebe then said I could sleep at his place.
 I went with Ntebe, when we got there, he did not do anything to me.  He prepared a place to sleep, he said he would wake me up at five, so that I could go and wash and wait for them at the gate at the office.
 He said that he did as he said.  I went home, I thought about this, I thought why must I be arrested, why must I go back to the police when I've done nothing, so I did not go.
 After a week, I went to Tabata in King William's Town, I told him what happened, he said he is busy, but he would follow up my case.  Before he arrived, I was called into the office.  They said that they are going to discuss my case together with Vusumzi.
 There were six White men and Vusumzi, his brother, his father, I was alone.  They asked me what had happened, I told them.  They said I was drunk.
 I said I had not been drinking, it was a Thursday, I don't drink Brandy.  I only drink Xhoza beer weekends.  They asked if I had a witness, so I said I did not have a witness, I was alone even at home.

JUNE CRICHTON: Mrs Zamkana, again I interrupt you.  You are not at the Tabata attorney's office and you say they called in Vusumzi.  Is that correct, into the office?

NODIDA JANE ZAMKANA: I don't know.

JUNE CRICHTON: It was not at the same time?  This was now in the court that Vusumzi was called in?

NODIDA JANE ZAMKANA: It was not in court, we were in a house with red curtains.  It was not a court of law.
 We were standing, there were no chairs.

JUNE CRICHTON: Was there any kind of Magistrate, somebody presiding?

NODIDA JANE ZAMKANA: I don't know.

JUNE CRICHTON: Who was chairing the meeting?

NODIDA JANE ZAMKANA: I don't know those White people.  I know that Vusumzi was there, his younger brother and his father.  He said that they were his witnesses even though they were not there that particular night.

JUNE CRICHTON: What was the result of that particular time in that room?