Human Rights Violation Hearings — Newcastle — 1996-09-11

COMMISSIONER: (Inaudible) ... coming in today.  You've given us a very terrifying story, a very vivid description of what life was like then in 1993.  It was less than three years ago.  We have heard that your house was on fire, your son threw a blanket over you, saved your life.  You ran outside almost naked, and people were then shooting at you.  It's difficult to understand how people can act in such a terrible and cowardly manner towards unarmed people, women and children, and we are glad that you have survived this ordeal sufficiently to be able to come here bravely and tell us your story today.
You heard what I said to the previous witness about the KwaZulu Police, and I will repeat those feelings here, that they do not deserve the name of policemen because they did not act - many of them did not act in any way like policemen, but acted like armed thugs.
You have heard what Mr Lax has said, and Mr Dlamini has said about the fact that it's our job to make recommendations to the Government as to how people like you should be assisted.  We've heard that you and your son were traumatised by this event, your house was burnt down. We do not have the power to assist you directly, but we will be making recommendations to the Government as to how you should be helped.  
So we want to thank you again very much for coming and tell us your story today.  Thank you very much.

COMMISSIONER: I notice that there are people in the audience who are non-Zulu-speakers.  If people want to follow the evidence which is going to be given in Zulu there are these simultaneous translation machines at the back of the hall, and you can get a simultaneous translation from Zulu into English.  So please get these machines at the back of the hall if you want to.
We welcome you here today, Mrs Nkabini.  Can you hear me and understand me?  You are from Osizweni township and you have come to tell us about the attack and the petrol bombing of your house in July 1992.  Before you tell us that story can you stand please to take the oath.

THEMBISILE RITA NKABINI: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Thank you very much, and Mr Dlamini will help you.

MR DLAMINI: (Inaudible) ... to do so quietly.  We would like you to tell us more about your family, put us in the picture of your family background, every family member.

WITNESS:   I have a mother and brothers.  I have a mother and brothers and my children.

MR DLAMINI: How many children do you have?

WITNESS:   I have four children.  The fifth one died after they shot him in Jo'burg.

MR DLAMINI: These four children are still alive?

WITNESS:   Yes, they are.

MR DLAMINI: Are they in school or working?

WITNESS:   Three of them are working and then the last one is still at school.

MR DLAMINI: The one who was shot in Johannesburg, what was happening down there?  Was it a political quarrel or fight, or criminals.

WITNESS:   No, it was political.

MR DLAMINI: Can you please tell us more about that event as well?

WITNESS:   I can't explain because I wasn't there.  He was found dead in his flat where he was staying in Johannesburg.  He left two children.

MR DLAMINI: Where are these children?

WITNESS:   With me.

MR DLAMINI: These two grandchildren, are they staying with you?

WITNESS:   Yes.

MR DLAMINI: How old are they?

WITNESS:   One is five years old, the other one is four years.

MR DLAMINI: Who is supporting them?

WITNESS:   I am the one who is supporting them.

MR DLAMINI: Is there any assistance that you are receiving from the Welfare?

WITNESS:   No, nothing.

MR DLAMINI: Did you ask for?

WITNESS:   No, I never asked for any assistance.

MR DLAMINI: We would advise you to go and see the Welfare.  You go to the Welfare Department, you ask the social workers to help you, what exactly do you need from the Government so that you raise the children.  Today you are here to tell us or to give us the testimony about what happened when your house was attacked in 1992.  Would you please tell us more, put us into the picture?

WITNESS:   The truth is I can't really tell what caused that because it started in 1991.  In 1992 mine was burnt.  It was late at night.

MR DLAMINI: Go on.  Explain more to us.  Try to clarify this thing to us.

WITNESS:   It was late at night.  I was asleep with Thoko and Zinhle.  It was early in the morning.  I think it was after 2 o'clock.  I heard a loud noise and I heard one thing falling down, and when I checked it was a petrol bomb and the house was on fire.  I woke up, I took these two children outside and I woke my mother up.  These kids were Thoko's kids.  Thoko is my child.  I opened the door, I threw the kids outside.  I woke my mother and we also ran out.  I only took the mattress bed and everything was burnt inside.  My mother came out.  We tried to call the police.  We found them.  When we ran to the neighbours we were trying to fetch the hose pipe to extinguish the fire, and we heard people shouting at us, swearing at us.  Police arrived at about 20 to three in the morning.  We also called police from town, and when they arrived there they also discovered a petrol bomb which was not used.  It was next to the garage.  The next day in the evening police came, white police came to search our house because they said we had bombs and guns, and they broke doors.  Some of them they were wearing Balaclavas, and one commissioner from the town - yes, these police were from Newcastle Police Station.  I am talking about the ones who came and broke our doors and said we had guns and petrol bombs.  We told them that, "We are the ones who were being attacked.  How can we have petrol bombs because we were being attacked?"  Then they took me to the police station to open a docket.

MR DLAMINI: And what happened about the case?

WITNESS:   There was not enough evidence so the case never proceeded up until today.

MR DLAMINI: Take your time.  We understand that this is very sad.  It's not easy for one to relate such a sad story.  (Pause)  You can continue if you're ready.

WITNESS:   I was confused because I never quarrelled with anyone.  I was never involved in ny conflict.  I heard that people were fighting, IFP/ANC were fighting, but I was never involved in any of those.  Because the only thing I can recall is that I was a witness in one case at Madadeni.  That's what I thought maybe my house was burnt because of that, because I was a witness in a certain case.

MR DLAMINI: At home are you IFP?

WITNESS:   Yes, me and my children we are Inkatha, but I can't tell about my brother.

MR DLAMINI: Is it true that you were never involved in any quarrel with ANC people?

WITNESS:   No, I wasn't, except that I was a witness in a case.  I wanted to witness that case because I was there.  Whatever happened concerning that case I was there.

MR DLAMINI: Can you please explain to us what case was that?

WITNESS:   Sikhumbuso Mthethwa was involved in a case where he was alleged that he shot someone, so I went to the court to tell them that Sikhumbuso wasn't there, how could he have shot someone if he was in Pietermaritzburg?

MR DLAMINI: So in other words your house was burnt because you were a witness in that case?

WITNESS:   Yes.

MR DLAMINI: These people who came and attacked your house, were there any people that you can identify or people that you knew that they were ANC people?

WITNESS:   No, it was late at night.  Even if I suspect the identity of people, police said no, we can't give that evidence.

MR DLAMINI: Do you want the Commission to take over this case so that they come with proper investigation and investigate about this crime?