Human Rights Violation Hearings — Empangeni — 1996-11-04

KHOZA MGOJO:  And where is their mother?

WITNESS:   She got married to another man.

KHOZA MGOJO:  We have a clear picture of your family.  And where is Bhekinkosi Shangase?   Is he married?

WITNESS:   No, he's not married.  His parents died.  His mother got married to another man.  She grew up at my home and she's got only one child.

KHOZA MGOJO:  How is the child?

WITNESS:   I don't remember quite well.  I think he was 7 years old.  I think he's 7 years old.

KHOZA MGOJO:  Is he attending school already?

WITNESS:   Yes.

KHOZA MGOJO:  (Question not interpreted).

WITNESS:   No, he's staying with his mother.

KHOZA MGOJO:  He's at his mother's place.  Is the mother working?

WITNESS:   Yes, the mother is working.

KHOZA MGOJO:  Do you have any idea as to where she's working?

WITNESS:   No, I don't.

KHOZA MGOJO:  Now, you have given us a clear picture of your family.  Now, we would like you to give us a brief explanation and tell us about what happened on the 30th December 1992.  Just relate to us freely, leaving no important details.

WITNESS:   In 1992, that was in the morning, I went to KwaMbonambi and I left two children, that is Dumisweni and Bhekinkosi, at home.  Bhekinkosi had a lorry and he was delivering firewood for people.  My son was working at a certain hotel, but at that time he was at home.  I left that morning - it was on the 30th in 1992.  I went to KwaMbonambi and I got back home.  When I got back home I received a message that where he had gone to deliver firewood or posts he was shot.  I rushed off to the scene because I was alone on the particular day.  My son had not yet come back from Vryheid and my husband was at work at that time.  I rushed off to the scene.  I was very confused.  I didn't know what to do, and when I got there I saw a number of police and my children, both of them were in the lorry and the lorry was on and the children were dead by then.  I did not know what happened.

KHOZA MGOJO:  What about this lorry?  Whose lorry was this?

WITNESS:  It was Bhekinkosi's lorry, the one he used to deliver poles and firewood.  When I got there they had been shot and I did not get the details of the story as to what happened before and I spoke to another policeman and I told him to take the gun and kill me and he said he could not do it.  After some time I asked the police to take out my sons - take them out of the lorry, because they were carelessly put in the lorry, the two of them, Bhekinkosi and Dumisweni.  Dumisweni was driving the lorry and he was the first one to get killed and they came back and shot Bhekinkosi.

KHOZA MGOJO:  Were they sitting in the front of the lorry?

WITNESS:   Yes, they were sitting in the front of the lorry and there were some other people at the back.  Two other men.  They also shot these two men.  Others ran away with bullets in their bodies.  All in all, it was four people who died - my two sons, as well as the other two men.  Khumalo's son died.  His name was Sibusiso Khumalo. And Dumisani Khumalo.  The other one died.  The one who was on top of the lorry.  That is Sibusiso Khumalo.

KHOZA MGOJO:  Who is the other one?

WITNESS:   He was from the family of Mdamba.  Nkosinathi Mdamba.

KHOZA MGOJO:  They died at the back of the lorry?

WITNESS:   That is correct.

KHOZA MGOJO:  Is it correct that when they were discovered shot, there were some others who were at the back of the lorry who survived the attack.  I want to know their names.  Is it Sipho Khumalo and Vusi Mtshali, as well as Elliott Dludla, as well as Dumisani Khumalo, Enoch Masondo?  Are they still alive?

WITNESS:   That is correct, they are still alive and they are staying at KwaSokhulu.

KHOZA MGOJO:  Now, if you want them to come and give testimony as eye-witnesses can you possibly get them at KwaSokhulu?

WITNESS:   That is correct.

KHOZA MGOJO:  Sibusiso Khumalo and Nkosinathi Mdamba, were they from the same family?

WITNESS:   Yes, and their parents are still alive, but they did not submit any statements.

KHOZA MGOJO:  Is it correct that your son, as well as your nephew, were attacked by Carter Nsane, Gobo Mthiyane and Jameson Mfekane?  Is that correct?

WITNESS:   Yes, that is correct.  I saw them.  The police tried to go and effect an arrest.  They came back with them, the three of them, and I saw them with my own eyes.  When they were asked as to why they had shot my sons, because they were not armed, Carter said they were the ones who initiated the attack and the policemen asked as to where the guns were, but he could not answer the police's question.

KHOZA MGOJO:  Was there any case or inquest?

WITNESS:   No, according to my recollection there was absolutely nothing that came out of my sons' death.  Carter said we should be taken in his car because we were coming back.  Up till today I've never been told anything.  No inquest, no case up till today.  We submitted a statement to Mr Mthembu in KwaMbonambi.

KHOZA MGOJO:  Was the statement taken by Mthembu?

WITNESS:   That is correct.  Mthembu was a detective or investigator at KwaMbonambi.  He was shot.

KHOZA MGOJO:  Did you get a death certificate?

WITNESS:   Yes, we did.

KHOZA MGOJO:  What was the cause of death?

WITNESS:   They were shot.  According to the death certificate, it said that they were shot.

KHOZA MGOJO:  These guys, Sipho Khumalo and Vusi Mtshali, are they working?

WITNESS:   No, I don't think they are working.

KHOZA MGOJO:  But they are still alive?

WITNESS:   Yes, they are.

KHOZA MGOJO:  Do you see them sometimes?  When you meet them, what do they say?  Do you meet them?

WITNESS:   Yes, I do.  I would like to verify something in connection with the case.  I went to other police and they told me that the case was at Eshowe.

KHOZA MGOJO:  Who was doing this case?

WITNESS:   I don't know, but we were not notified and I was also told that the case was at Mtubatuba in 1996 - on the 3rd June 1996, and we also didn't know about it, but I tried because I went to policemen and asked and I went in that case.  It started on Monday and the case finished on Thursday.  It took four days.

KHOZA MGOJO:  Who was there representing the deceased?

WITNESS:   According to what I've seen there wasn't one who was representing the victims, the deceased, and these three men who gunned them down were there.

KHOZA MGOJO:  You said where they were staying?

WITNESS:   They were staying at KwaSokhulu and they are still there.

KHOZA MGOJO:  What was the decision of the Court?

WITNESS:   The evidence came out because I gathered those boys who were in that lorry to go there and testify and tell what they've seen - those who survived, who were in that lorry.  I think seven of them, they went there and they gave their evidence to the Court and the doctors were also there to give their testimony on what they found on the bodies.

KHOZA MGOJO:  Do you know the doctors' names?

WITNESS:   No, I don't.

KHOZA MGOJO:  You're talking about pathologists or general doctors?

WITNESS:   Yes, I'm talking about the pathologists.  I don't have their names, but they were there to give their evidence.

KHOZA MGOJO:  Can you please try and find out their names?   They were there and they gave their evidence that they found these bullets in these bodies?

WITNESS:   Yes, that's what they told the Court.

KHOZA MGOJO:  How were these men found not guilty?

WITNESS:   The prosecutor said on that day he heard all the evidence on Thursday, but he found the men not guilty.

KHOZA MGOJO:  Do you still remember the name of the prosecutor?

WITNESS:   No, I don't.  I think it was Judges.  It was at Mtubatuba.  He said he heard all the evidence, but he finds the men not guilty of the charges laid on them.

KHOZA MGOJO:  I left one question which I would like you to clarify.  In your family is there anyone who is a member of any organization - political organization.