Human Rights Violation Hearings — Benoni — 1997-02-05

DR RANDERA: Mr Mbambo thank you very much.  I just want to ask a few questions and then I will hand over to the Chairperson.
You said that prior to your wife being killed, the branch that you belonged to or the Executive Committee, I cannot remember, had been given notice that you may be attacked from the Intelligence Unit of the ANC.   Is it possible to give us the names of the people who gave you this information?

MR MBAMBO: The Chairman of the ANC was the person who received the information, that he told us in a meeting that, guys this is our last meeting here in the ANC office.  So, the information came from Intelligence that there are people who are monitoring us, so we have got to change our venue from the ANC office which is not far from the hostel to the houses, now to our houses in the township.   That was the reason why we had to change.

DR RANDERA: You have mentioned the names of several people who you alleged are the perpetrators.  Now is this based purely on what this lady told you or did your sister also recognised these people?   Because she was in the kitchen at the time, I remember you saying.

MR MBAMBO: The information that I gave to you is purely from the lady who felt guilty after these people were boasting in a certain house where they used to drink.  So she came to tell me.
And another reason was that they were still coming back.   She told me that.  Now, the first thing is to 
leave your house.  Move away, because they are still coming back.  They were looking for you.

DR RANDERA: My last question Sir is, you said just now and in your statement that a public hearing will clear your name with the community of Wattville, people in Kwamashu as well as your in-laws.  Can you just clarify that for me.  Is there some misconception, even within the community of Wattville about what happened to your wife?

MR MBAMBO: Ja, the reason I am saying that, is that after my wife had died my in-laws in Durban had this idea.  They held me responsible as an ANC.   So, they were blaming me as an ANC that I could attributed something towards the death of my wife.  So I want that to come clear that after the information that we got it was the IFP who killed her, their child.
So, they spread information, because I happened to go and bury my wife in Durban, so everybody who was there, were informed about me killing my wife.
I do not see how you can kill your loved one without any .....

DR RANDERA: Thank you very much.  I have no other questions.

MS SEROKE: Mr Mbambo, was your wife also affiliated to the ANC, like you?

MR MBAMBO: I do not know about my wife, once she was a student.  As I mentioned she was just three months at work, after completing her degree.   She was a member of the Sasco at Medunsa.

MS SEROKE: Did her parents know about that affiliation?

MR MBAMBO: No, her parents did not know that she was a Sasco member, who I suppose she is, I mean, affiliated to
ANC.  They did not know that, because they were surprised when I arranged everything according to our tradition as ANC.  They wanted it to be done in their own IFP way.

MS SEROKE: This Mvulasana who was the girl friend of Mosa Hlangwane, where is she now?

MR MBAMBO: She is still around the township.

MS SEROKE: Here in Wattville?

MR MBAMBO: Ja, but she is...  I got information from Mr Killian who is the Investigating Officer in this case that he has been trying to get hold of her but she is not prepared to come to you.  After, as I have said, she was threatened twice.

MS SEROKE: Did she herself say she was threatened or ...

MR MBAMBO: She phoned me.  She wanted to see me.  She said Mr Zwane came twice to her house and she was changing places now, because she was not safe.  Mr Zwane told her that if she comes to the Truth Commission, something like, I am going to do to you.

MS SEROKE: How old is Sizwe, your son, now?

MR MBAMBO: Sizwe is six years.  He is supposed to be at school this year.

MS SEROKE: Do you have any connection, either by letter or telephone.

MR MBAMBO: Since 1993 nothing, no information.  I do not know whether she is still alive, they are still alive or not.

MS SEROKE: Have you ever tried to have a legal case against your in-laws for keeping your son against your will?

MR MBAMBO: I have opened a case in Durban and the lawyers wanted R3 000.  That was in 1994.  Then I have
paid about R1 500.  Then in 1995 I lost the job.  Since then I am not employed.  So I cannot afford to pay an advocate R3 000.    (End of tape.)
... with my wife.  So we got that child.  So I do not know why I have to pay.

MS SEROKE: Have you tried the Legal Aid Board?

MR MBAMBO: No, after the Truth Commission, after I have heard about the Truth Commission I said, I will take everything to the Truth Commission.  Maybe the Truth Commission could help me somehow so that I can get my child, because I have got high goals with that child.  It is the only boy I have.

MS SEROKE: Have you since remarried?

MR MBAMBO: Ja, I am married now.

MS SEROKE: Do you have any children?

MR MBAMBO: Yes.  I have got two girls.

MS SEROKE: Thank you.

MR LEWIN: Thanks Joyce.  Russell?

RUSSELL ALLY: Mr Mbambo, just to come back to what Ms Seroke just asked you now.  I think you need to actually understand that some of the issues you raised are issues which have legal implications.
With regard to the investigation into the killing of your wife, certainly that is something which the Commission is pursuing and as you yourself mentioned, Fanie ..., one of our Investigators, is trying to get as much information on the case as possible and to follow up on the leads which are provided in your statement.
But with regard to your son, I mean, I would actually urge that you do seek proper legal advice because that is not something that is necessarily in the legal ambit of 
the Truth and Reconciliation Commission.
Certainly if the parties involved in this very very sad and tragic affair want the Truth Commission to facilitate some kind of reconciliation or to facilitate counselling or assist in that way then that is something that the Truth Commission, and in particular the Reparations and Rehabilitation Committee can look at.
But as to the question of your son and the question of access that is really a legal matter and therefore I just want to reinforce what my colleague has actually said that we would strongly urge that you do get legal advice.   I understand your financial situation but there are agencies, there is the...  There are legal aid clinics, there is one actually in Germiston and if you want to later, I can give you the telephone number of the Legal Aid Clinic in Germiston and there are places like the University of the Witwatersrand and the Rand Afrikaans University, where there are legal aid clinics, because as you say you are the father, that the child was born in wedlock and therefore you do have certain rights, which the courts will uphold.
So I would urge that you actually pursue that and if there are other matters, around counselling or reconciliation where the Commission can play a role then certainly the Commission would look at that.
Thank you.

MR LEWIN: Mr Mbambo I would like to ask, do you have anything further that you would like to say?

MR MBAMBO: I have got nothing.

MR LEWIN: Just to follow up what my colleagues have said, I think the, I mean you described in great detail to us the personal horror that you have suffered, both with your wife's execution and now in being kept away from your child, and I think what strikes there is that your own personal problems reflect a national problem which is still with us and which we are still struggling with, particularly in this area.   So we sympathise very much with you.  As Russell said we will continue with the investigation as far as possible into her assassination, her murder and see what else we can do to assist you.
We would like to thank you very much for coming.  Thank you.