Human Rights Violation Hearings — East London — 1997-06-11

CHAIRPERSON: Philda Nomvula Roxiso, who are you with?

PHILDA NOMVULA ROXISO: It is my nephew.

CHAIRPERSON: What is his name?

PHILDA NOMVULA ROXISO: Toto Ngqeza.

CHAIRPERSON: Ngqezi.

PHILDA NOMVULA ROXISO: Ngqeza.

CHAIRPERSON: Ngqeza.  Is he going to give some evidence?

PHILDA NOMVULA ROXISO: Yes Reverend.

CHAIRPERSON: Reverend Xundu is going to swear both of you in.

PHILDA NOMVULA ROXISO: (Duly sworn in, states).

REV XUNDU: Thank you.  Toto.

TOTO NGQEZA: (Duly sworn in, states).

REV XUNDU: Mr Chairperson, they have been properly sworn in.

CHAIRPERSON: Tiny Maya is going to lead you in evidence on behalf of the Commission.

MS MAYA: Thank you Mr Chairperson.  Can you hear me?  Good afternoon Mam.  You are going to talk about Deliswa Roxiso who was shot on the eighth of November 1981.  Is that so?

PHILDA NOMVULA ROXISO: Yes.

MS MAYA: How were you related to Deliswa?

PHILDA NOMVULA ROXISO: My daughter.

MS MAYA: Could you briefly tell us what happened on this day.

PHILDA NOMVULA ROXISO: It was in 1981 on the eighth of November.  They were going to go to a funeral where Thozamile Qoto's parents had passed away in Pilton.  She left in the morning to go to the funeral.  In the afternoon, late afternoon, before sunset, I was going to go to a church service, but I just did not feel good so I did not go.  At about five o' clock the first person to enter my house was Toto Ngqeza who is sitting next to me.  He got into the house, walked to the kitchen.  He looked at me strangely with everybody around.  I asked if they had all come back from the funeral.  He said that something had happened, however, at Highway.  There were shootings.  I asked where Deliswa was.  He looked around.  Toto, where is Deliswa, I asked, where did you leave them?  I went towards the door.
 One of my sons walked in.  He looked morbid.  I asked Toto for the third time where Deliswa was.  He then said she has been injured, she had been shot.  I walked out, walked towards the gate, but I went back into the house.  I walked around the street.  I wanted to go to where she had been shot.  I asked Toto where my daughter was.  He said that they had taken her.  My husband arrived from a meeting.  There were people who heard the news at Highway, they also came.  They thought that they should go to the police station as Toto had given a report that Deliswa had been taken by the police.  I wanted to go, but I was told to stay.   I went to the taxi somehow, but then got back home.  I was going up and down, I did not know what I was doing, frantic.  Eventually I settled down.
 They came back at about ten in the, at night saying they are from the police station.  They could not get any leads.  They were told to come back the next morning.  They went to the police station, they did not get any proper leads.  On the Tuesday they were told that my daughter had passed on.

MS MAYA: Was there unrest in the township at that time?

PHILDA NOMVULA ROXISO: At the funeral in Pilton the Ciskeians came, harassed the mourners.  When the busses were coming to Mdantsane, Highway the Ciskeians started shooting at the busses that had gone to the funeral.

MS MAYA: Has the, was there any witness?

PHILDA NOMVULA ROXISO: There were a lot of witnesses.  People who saw Deliswa being shot.

MS MAYA: When you found out about her death what did you do?  Was there a post mortem?  Did the police harass you before and during the funeral?

PHILDA NOMVULA ROXISO: The police would come to our house harassing us.  We could not rest.  The corpse was with the police.  Everything was done according to the, to their desires.  Eventually they gave the corpse back to us to bury.

MS MAYA: How old was Deliswa?

PHILDA NOMVULA ROXISO: She was 19 years.

MS MAYA: Was she at school?

PHILDA NOMVULA ROXISO: She was looking for a job.  She was helping a the SADWU offices where she had joined the union.  She had gotten a job at J & J.  She was going to start working on the ninth.  However, she passed away on the eighth.

MS MAYA: Apparently, you were sent to an office at Bisho.

PHILDA NOMVULA ROXISO: A Ford Sierra was sent to our house and we were called to this police station.  I cannot remember whether it was after the case had been postponed.  She got injured and shot before Ciskei was independent.  This man with the Ford Sierra said that we must go to Bisho.  However, we must first go to NU1.  Mr Errol Sebe kept on postponing.  I was suffering from tonsillitis when an elderly man, dark in complexion, with glasses with a Ford Sierra came to my house.  He got into the house with documentation.  He was talking to my husband in the lounge.  I said that my husband should handle the matter, because I was suffering from tonsillitis, I went to my bedroom.  He, this man said that he had been sent from Bisho to tell us that we were going to be called in.
 He asked what had happened, if we got any form of help after my child had passed on.  We told him that nothing had happened.  He said that the Government was supposed to help or supposed to do something at the least, because he had also stated that this child had passed on and been shot accidentally.  After this man had left nothing happened.

MS MAYA: Do you know who this man was?

PHILDA NOMVULA ROXISO: No.

MS MAYA: Did he say who he had been sent from?

PHILDA NOMVULA ROXISO: He said that he was sent from the Government offices in Bisho.

MS MAYA: You may proceed.

PHILDA NOMVULA ROXISO: After the case had been postponed nothing happened.  I said to my husband we should go to Siwisa.  We went to Siwisa, but to cut this short, after I came back from Siwisa I do not know what happened.  I fell ill.  I got very nervous that night and I went to bed.  As I was sleeping I heard a voice asking me why I had gone to an attorney, because Maria never went to an attorney, Mary never went to an attorney even though she saw her son being harassed and ill-treated.  I woke up from my sleep.  I started praying, asking the Lord for forgiveness.  I was not supposed to have gone to a legal representative.
 During the times when I was surrounded by enemies, my Lord was always with me on, at my side.  He spoke then and even now he was speaking.  I asked for forgiveness for having gone to an attorney.  I got up after having prayed.  I said to my husband we should leave everything to rest, because so much had been revealed to me.  I did not know whether the Lord had taken my child for a reason that he had seen in me.  The Lord is always with me, in all situations.  I asked the Lord to heal my wound and His will be done and I surrender like Mary.

MS MAYA: Thank you Mam.

PHILDA NOMVULA ROXISO: In conclusion, even after I had given the statement I thought I was not going to come before the Commission, but I had to come.  Even as I sit here I have not come to lay charges.  The word that the Lord had given me is still in my heart.  I got the word from Isaiah 53, Mark 4, Luke 2:46.  When I read those Scriptures not knowing what to do, but the Lord spoke.  Even as I sit here I surrender all to the Lord.  I hold no grudge.  I am waiting on the Lord and the work He did through this incident.

MS MAYA: Thank you Mam.  I just have two short questions.  The statement before us declares that there was an inquest and a police was guilty and somebody asked for forgiveness at the Government offices.  Could you briefly tell us about that?

PHILDA NOMVULA ROXISO: I have no knowledge of the policeman that asked for forgiveness.  All I know is that it is Mcanyangwa killed Deliswa.

MS MAYA: What happened to Mcanyangwa?  Was he prosecuted?

PHILDA NOMVULA ROXISO: He was not prosecuted.  He had carried on interrogating my children, harassing them.  My child ended up an exile in Cape Town.  He said that it is him who had burnt down his house.

MS MAYA: Is Toto going to say anything?