Human Rights Violation Hearings — Empangeni — 1996-11-06

WITNESS:   Yes, she is paying. Even yourself, you need to get treatment.  I'll tell you that you are a real strong woman.  God has given you an amazing strength, and this Truth Commission it's one wonderful thing, because we see things like this coming forward.  I'll pass it over to my colleagues.

MRS GCABASHE: Mrs Shandu, we heard about the trouble which you've been through.  I still have one question about the child.  The one that you said she is not well mentally.  Are you receiving any money to help?

WITNESS:   No.  The child tried for pension, but it was not successful.

MRS GCABASHE:  When was this?  Do you still remember the year?

WITNESS:   It was in 1964, December.

MRS GCABASHE:  In other words, this child has been born disabled?

WITNESS:   Ja.

MRS GCABASHE:  You also mentioned something about your neighbour who came and helped you.  What's her name and where is she?

WITNESS:   I don't know where she is because we all got scattered because we ran away and in that area no one is staying there now.  All I know is that she was Mrs Mkhize, and she's the one who showed the police her child, the one who was there when my children were killed.

MRS GCABASHE:  Are you receiving any pension?

WITNESS:   No.

MRS GCABASHE:  When was this?

WITNESS:   I applied for it on the 12th December 1965.  No, on the 12th December 1995.

MRS GCABASHE:  We understand that, Mrs Shandu, and we will try and see as to why aren't you receiving all these things.

WITNESS:  I don't have a place to stay as well, I don't.  I am staying in other people's places.  I just go from one place to the other - relatives and friends.  I don't have my own place.

MRS GCABASHE: /CHAIRMAN

CHAIRPERSON: Mrs Shandu, the document that you gave us just now was a subpoena to attend a Supreme Court criminal trial.  Now, those people who killed your children, did they stand trial for murder?

WITNESS:   Yes, they did.

CHAIRPERSON:  And were they convicted?

WITNESS:   I'm not quite sure because when I left that area the case was still on, because I was glad and if they killed me all the evidence would have been gone.

CHAIRPERSON:  Did you give evidence in the murder trial?

WITNESS:   Yes, I was a witness.  I was there.

CHAIRPERSON:  And did you tell the Court what you heard and what you saw on that night?

WITNESS:   Yes, I did.

CHAIRPERSON:  And you have never been told whether those people are in gaol or are not in gaol?

WITNESS:   No, I just met someone who was handling the case and we met at Umbumbulu Court and he told me some of them were in gaol for 40 years or 35 years, but I can't tell if he was just comforting me or what.

CHAIRPERSON:  We will be able very easily to find out whether they are in gaol or not and we will tell you that information.

WITNESS:   I will be very much grateful.

CHAIRPERSON: Mrs Shandu, it's very, very difficult to know what to say to a mother who has lost her children in this way.  The people who did this have no humanity at all.  They have descended to a lower level.  This terrible story is a story of political intolerance and, like in so many other places in this province, it is the ordinary hard-working women like yourself who have to bear the brunt of this political intolerance.  We wish that the leaders of the IFP and the ANC could have been here today to listen to your story and to the story of the witness before you, Mrs Mabaso, because we believe that those stories - we wish that the leaders of the IFP and the ANC could have listened to your story and to the story of the witness before you, Mrs Mabaso, because we think that those stories that you have told would have touched their hearts and would have made them understand the suffering of ordinary people and would have made them all the more determined to bring peace to this province.  We understand that you have been terribly affected by this but we still, nevertheless, salute your bravery and your courage, coming here today and telling us this terrible story and we hope that it makes it a little bit easier for you to live with the pain that you are living with.  So we thank you very, very much for coming here today, and we wish you well as you go.

KHOZA MGOJO: What my colleague, Lyster, was trying to say is that he wishes that political leaders, like IFP leaders, ANC leaders, would have been here today and see what really happened to ordinary people like you.  One finds it very difficult to understand why people will do such things.  You expect someone from your family to protect you, not to kill you.  This lady came and fetched you and she promised you she was going to protect you, and only to find that she was selling you and therefore it's really painful and difficult for one to understand, but still I must say I really respect you, you are too brave.

WITNESS:   I would like this Commission to hear my requests.  I would like this Commission to help me to support these children, the ones that I have, and another thing, I'll ask the Commission to put a tombstone on my children's grave. We heard you, Mrs Shandu, and we will take this requests and we will pass them to the President, and the Government will decide what to do, but we have taken note of whatever you said and we are going to take them to the Government, and you asked for support.  If I may mention what you asked for, and also you asked to investigate if those people who attacked and killed your children are still alive and where they are, whether in goal or still outside, and again you also asked for your pension, and you also asked for medical assistance for your disabled child and the other ones who were affected by this ordeal.  That one is easy.  I think we, as the Commission, we can arrange that.  You can see a psychologist.  We will pass these other requests to the Government and they will be the ones who are going to decide whether to give you or not.  Thank you.

KHOZA MGOJO: /CHAIRMAN

KHOZA MGOJO: 3A/0

CHAIRPERSON: Can you hear me through the earphones?

DORCAS LUTHULI: Yes, I can hear you.

CHAIRPERSON: We thank you for coming in.  You are residing in Esikhaweni Township.  Is that correct?

DORCAS LUTHULI: That is correct.

CHAIRPERSON: You have come to tell us about the death of your husband, Dr Henry Viga Luthuli, who died in August 1990?

DORCAS LUTHULI: That is correct.

CHAIRPERSON: Can you please stand up to take the oath?

DORCAS LUTHULI: (Sworn states) (Through Interpreter)

CHAIRPERSON: Thank you very much, Mrs Luthuli.  Mrs Gcabashe will assist you.

MRS GCABASHE: Good day, Mrs Luthuli.  We thank you very much for having come before this Commission.  The day that you have chosen is quite a bad day, because it's a rainy day, but we do thank you for having come before us.  We appreciate it because the main objective of the Commission is to get the truth about all the things that took place in the past so that we may get a clear picture as to what happened, so that even if we want a cure for this we know what the symptoms and the root cause are.  The main reason that you have come before us is because of the loss of your husband, but we would like you to talk about your family and tell us what's the composition of your family.  Do you have children?  Do you have parents?   Firstly, it is said that you were born in 1945.  Is that correct?

WITNESS:   Yes, it is.

MRS GCABASHE:  And you stay at Esikhaweni?

WITNESS:   That is also correct.

MRS GCABASHE:  You can give us your family history.

WITNESS:   I have four children, two boys and two girls.

MRS GCABASHE:  Could you please tell us your children's names, as well as their ages.

WITNESS:   Augustine Maluxolo was born in 1972.

MRS GCABASHE:  Is he at school?

WITNESS:   He is at Ongoye University.  He is doing course 2 at Ongoye.  The second one is Emanuel Sifiso.  He was born in 1974.

MRS GCABASHE:  What is he doing?