Human Rights Violation Hearings — Ermelo — 1997-05-22

MR LEWIN: I'd like please to call the next witness.   Not Mtsweri as on the programme.  Mtsweni.  If they could please come forward.  Mrs Mtsweni can you hear me clearly through the earphones ?

MRS MTSWENI: Yes, I can hear you.

MR LEWIN: Thank you.  Thank you very much for coming.  Who is that with you,  if you could tell us.

MRS MTSWENI: It's my daughter.

MR LEWIN: She is welcome, thank you.  Before I ask Mr Tom Manthata to lead your evidence, could I ask Doctor Ally to swear you in please.

RUSSELL ALLY: Good you please rise and raise your right hand Mrs Mtsweni.  Do you swear that the testimony that you are about to give will be the truth, the whole truth and nothing but the truth, so help me God.

JENETHA MTSWENI: (sworn states)

MR LEWIN: Thanks very much.  We'd also like to thank you for waiting.  You've come along way to-day to get here and we'd like to thank you very much.  I ask Mr Manthata to lead your evidence.  Thank you.

THOMAS MANTHATA: You are accompanied too.  Who is the person sitting with you by your side ?

MRS MTSWENI: I said she's my daughter.

THOMAS MANTHATA: She's your daughter.  What's her name ?

MRS MTSWENI: She has also come to testify with regard to what happened.

THOMAS MANTHATA: What is her name ?

MRS MTSWENI: Tembi.

THOMAS MANTHATA: Tembi. Tembi.  Mrs Mtsweni can you proceed to tell us about Boetie Mtetha Mtsweni who was beaten up.

MRS MTSWENI: Maki or Mateo is my son.  He was hacked to death by Inkatha members.  After they had done that ......  I was not at home at home at the time of the incident but my daughter, the one who is present here with me to-day was also present.  I was first from another place where I was told that my son had been taken to the Bethal Hospital.  They fetched me on a Monday and I went straight to the Bethal hospital.  When I got to Bethal Hospital they told me that he had just been taken to Kalafong Hospital and I proceeded home thereafter.  When I got there I was told of the injuries that he had sustained.  We do not have any clarity as to who attacked him but my daughter Tembi said certain policemen came into the house as well as an ambulance and they knocked at my place.  They woke them up and instructed them to open the door but they were scared to open up because at that time there was a lot of violence going on.  A certain policeman identified himself as Mandla Nglabati and he said he had come to tell them that my son had been injured.  They went out to speak to him  -  that he was wearing and he had just arrived on that particular day because he was from work.  He was working in Pretoria.  On that Monday I was at home and on Wednesday I went to Kalafong Hospital to see him.  I didn't know where Kalafong was but I had to look for it until I got there.  When I got to Kalafong I was not able to identify him because he was at the intensive care unit.  There were drips around him and the nursing sister pointed him out to me and he could identify me by my voice.  His eyes had been gouged out as well as his teeth, all his teeth.  He had no teeth left in his mouth.

THOMAS MANTHATA: Relax Mama, really.

MRS MTSWENI: I stayed overnight at the Kalafong Hospital.  I was not able to leave my son behind in that condition and I slept on the bench at Kalafong hospital so that I could see him the following day.  The following morning I went to wash my face in the toilets, the hospital toilets and I went to see him once more.  I tried to speak to him.  One eye gouged out and he could hear my voice.  He knew I was his mother and I was told to go to Pretoria.  I got to Ogies and came back this way again.  After a few days a certain policeman by the name of  Gramel came to me and told me that I should go to court on a certain day.  I wanted to find out from Gramel as to who opened up a case or who submitted a  statement with regard to my son's injuries but he could not answer me.  I asked, who injured my son ?  He told me it was a certain man by the name of July Mtetwa and I asked him where July was.  He said July was out on bail, on five hundred rands bail.  I don't have a clear recollection of the time that he stayed at the hospital.   I think it was either one and a half months or two months.   When he came back he submitted a statement himself.  Even though he submitted a statement the matter went no further.  After about a year had lapsed, it's only then that the matter proceeded to court and we came to Ermelo.  I accompanied him to Ermelo and the matter proceeded.  We were addressed by the Regional Magistrate.  I think what he said that I can really testify to having heard, he asked my son as to how he identified the attacker.  My son said, I identified him because he had hit me twice at the back of my head and he turned around and he held him and the Magistrate asked as to whether there was any form of light that enabled him to identify his attacker.  He said there was some form of light.  It was not totally dark and he could identify him as July.  Thereafter others came and they also attacked him.  That's when he lost consciousness and he could not identify the rest but he knew about July.  When he came to he crawled to a certain woman's house who was staying in Davela and the woman who held my son.  He called the neighbours and the neighbours helped.  The Magistrate proceeded to tell him that he was not able to positively identify his attacker.   I don't know who the Magistrate knew it.  I think she'll proceed to say what happened thereafter.

MR LEWIN: Tembi, if you're going to testify could you please stand and take the oath.  If you could stand and swear that the testimony you'll give will be the truth, the whole truth and nothing but the truth, so help me God.  Raise your right hand.

TEMBI MTSWENI: (sworn states)

THOMAS MANTHATA: Tembi, can you please tell us what you saw.

MRS MTSWENI: It was in the evening when my brother got attacked.  He crawled to another woman's place.  That's where he was helped.

TRANSLATOR: The witness is not audible.

MR LEWIN: Tembi, just take it easy and drink some water.

MS MTSWENI: When they hacked him it was at night and he crawled to that woman's place.  There was a certain policeman by the name David Mathlango who went to report to the police station and the police came to pick him but the person who identified him as my brother was Mandla.  Mandla came to knock and report to us that my brother had been hacked.  When we opened up he said do said, Tembi do not run away because I've come to tell you that your brother has been injured.  I went to identify him when he was in the ambulance and when I looked at him his whole left side had been blown up.  Thereafter police came and told us that July had been arrested.  I asked them how they knew that July is the one that attacked my brother but they could not furnish me with a satisfactory answer.  When he came back his jaws were in wires and we asked what was happening.  They said they were trying to fix his left eye.  He asked us to close him or try to close his eye injuries.  When we got to the police station they pulled the wires out and he had to be re-admitted to the hospital.

THOMAS MANTHATA: If I had to ask questions the first would be, where is  Boetie now ?  Are you still going on, sorry.

MS MTSWENI: He has since died.

THOMAS MANTHATA: So, July was taken to court for injuring Boetie but after he died ... (interrupted)

MS MTSWENI: A year lapsed.  It's only after a year that the matter was dealt with in court and we attended the court case and the Magistrate asked us how my brother identified his attacker and the Magistrate said he was lying.  He was not able to identify his attacker.  That was the end of the case.

THOMAS MANTHATA: You say Mathews was working in Pretoria ?

MS MTSWENI: That's correct.

THOMAS MANTHATA: Where was he working ?

MS MTSWENI: I'm not clear on that aspect.

THOMAS MANTHATA: Nobody in the family knows ?