Human Rights Violation Hearings — Alexandra — 1996-10-30

MAPHANGA MKHUANAZI: They told us that we must open the door and if we do not open it they are going to break it open.  We opened the door and they entered.  They were clad in police uniform and they were also wearing some balaclavas.  When they entered the house they started shooting.  We did not
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bring the body and we arranged that the body should be brought the next day.  They entered the house and shot at everybody inside.  They shot my sister's children and all the people in the house.  We were taken to hospital.  At the time we were in the hospital, some died on the way to hospital.  Some managed to arrive at hospitals and some of my sister's sons friends died during the incident. 
 We made a statement to the police.  We were able to explain that we saw them and even the manner in which they were dressed.  They took us to hospital.  We were treated and after that we were taken to identify the perpetrators and we managed to identify them on a parade.  They also found the guns that were used and also the bullets that were used.  Cartridges were also take for ballistic proof.  What surprises me the most is that these people were found not guilty.  They kill us without a reason and I would like to ask the Commission to investigate and find these people.  Let them come out and tell us exactly why they shot us.  Even on the day on which they were released we were not told, we just saw that they were released on papers.  The case ended like that.  
 We were so badly injured and we would also be happy if those who died can be honoured by erecting tombstones on their graves.  Thank you.

MS SEROKE: As you have said in relation to your sister who was shot at home and we will also go further into the incident where you were having a night vigil.  You said as she was busy working at the gate, a next door neighbour said you are wasting your time because people are coming to attack this place.  Was this person warning or was she knowing that these people were coming?
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MAPHANGA MKHUANAZI: I think she knew that people were coming to our place.

MS SEROKE: You also stated in your statement that they told Wellington, your sister's husband, that there is someone they were looking for who was not on the kill.  Were they thinking that he was in the house?

MAPHANGA MKHUANAZI: They were saying that the people in the house are not complete, there were some who were not in the house.

MS SEROKE: Were they looking for the whole family and they could realise that someone was not there?

MAPHANGA MKHUANAZI: Yes, that is true.

MS SEROKE: Who was not there?

MAPHANGA MKHUANAZI: My sister and her elder daughter.

MS SEROKE: You said your sister did not get good treatment in hospital.  You say the post mortem showed that the bullets entered through the chin.

MAPHANGA MKHUANAZI: I will say that the bullet did not come out of the body, but when they operated they found the bullet had moved from the chin up to the back neck, back of the neck.

MS SEROKE: Did you find a death certificate explaining as to what caused the death?

MAPHANGA MKHUANAZI: Yes, they did give us a death certificate.

MS SEROKE: Can you give us the death certificate?

MAPHANGA MKHUANAZI: We cannot go back to the place because we were chased out of the house and the Inkatha people occupied the house and they are still staying there.

MS SEROKE: Let us continue on the night vigil.  Mapangafani is your brother?

MAPHANGA MKHUANAZI: Yes.

MS SEROKE: Is he the one who asked the police to come to
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protect you?

MAPHANGA MKHUANAZI: I have forgotten this young man who called.  He talked to my brother and he was asking for protection.

MS SEROKE: Michael called.

MAPHANGA MKHUANAZI: Yes, that is true.

MS SEROKE: You said people, COSAS members came to the night vigil.

MAPHANGA MKHUANAZI: I would say those were the colleagues of my sister's younger sons friends.  There was a hunger strike at that time so they were in the offices, but they came to the night vigil in the evening.

MS SEROKE: You said while they were at the night vigil they saw two people and they started running back.  Why did they think these people were working together with the attackers?

MAPHANGA MKHUANAZI: We were not yet attacked, but they were afraid when they saw those people coming towards our house.

MS SEROKE: You also stated that the people who came to the night vigil were wearing police uniform.  Is that true?

MAPHANGA MKHUANAZI: Yes, that is true.  They were not police, they were Inkatha people, but they were wearing police uniforms.

MS SEROKE: Can you give us a figure of your relatives who died on that day?

MAPHANGA MKHUANAZI: Ten relatives died.  Three of them were friends.

MS SEROKE: Yourself personally, how were you injured?

MAPHANGA MKHUANAZI: I was shot on my arm.

MS SEROKE: How long did you stay in hospital?

MAPHANGA MKHUANAZI: For about two months.

MS SEROKE: What are you doing at the moment?

MAPHANGA MKHUANAZI: I am working.
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MS SEROKE: You said you are no longer staying at your previous home.  Where are you staying?

MAPHANGA MKHUANAZI: I am staying in one of these flats.

MS SEROKE: Jane's husband and the children, where are they staying?

MAPHANGA MKHUANAZI: They have a shack somewhere at TB Settlement.

MS SEROKE: You said the house is still occupied by Inkatha people?

MAPHANGA MKHUANAZI: Yes, that is true.

MS SEROKE: Did you ever try to get them out of the house?

MAPHANGA MKHUANAZI: I will say that most people were staying at Beirut, were chased out of the place and they are afraid to go back to stay there.

MS SEROKE: Thank you.  I will take you back to the Chairperson.

CHAIRPERSON: Yasmin Sooka.

YASMINE SOOKA: Mama, I just want to ask you a few questions.  In your statement you mention that the accused were not found guilty and were, in fact, acquitted, but you also say that the Judge promised to have this case in camera and that that did not happen.  Can you tell us a little bit about that please?

MAPHANGA MKHUANAZI: I will say that we went to court and we told them that we do not want the people, the perpetrators to see us.  The Judge promised that the case, the trial would be conducted in camera so that they do not see us, but they did not do that.  It was conducted in an open court and one day, on Friday, one of them called me, we were in town.  He was inside a car.  He sent one young gentlemen to come and call me.  I went there because someone was calling me.  He asked me, do you know me?  I could see that it was him, but I
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said, no, I do not know you.  He asked me whether I am not afraid.  I said, no, I am not afraid.  He said to me this issue of yours, going to court and lying about us, it is not good.  He is asking who told you that.  He said you know the whole story.

YASMINE SOOKA: Were you in court during the judgement?  What did the Judge say?  Why did he not find them guilty?  Was there not enough evidence?

MAPHANGA MKHUANAZI: A lot of evidence was rendered.  The guns were found which were used.  He acquitted the fifth one and the four of them were convicted.  However, later we discovered all of them were acquitted.  I also have the documents here and they said the police were lying in court.  I do not know why the police were telling lies in court because they were not asked any questions any court.  They just kept quiet and the Lawyer was conducting the case.

YASMINE SOOKA: Thank you Mama.