Human Rights Violation Hearings — Queenstown — 1996-07-22

BONGANI FINCA: Elliot Nyani, we welcome you and we thank you for coming before this Commission.  I think that your story is going to refer to the time of the unrests which will be related to Boniswa Oliphant's story, but you shall be telling us about how you were harassed as a member of the African Democratic Movement.
 You shall be giving full evidence as to how you were harassed, therefor we want you to know that you are accepted and welcomed here, because that is what you are here for.
 We are looking at how people were harassed and interrogated in whatever way so relax and just simply tell us everything in a relaxed mood as to what happened.
 Mr Xundu is going to lead you by asking you some questions in this regard.  Thank you.  By the way, what is your clan name?

KE NYANI: My clan name is Qwati.

BONGANI FINCA: That's good.

REV XUNDU: Thank you.  Thank you (indistinct), thank you Noni.  Where is your home and where did you ...?

KE NYANI: I am from Sterkspruit in Philanda.

REV XUNDU: Is that the wife sitting next to you?

KE NYANI: Yes, it is.

REV XUNDU: Is that the only wife?

KE NYANI: Yes, it is.
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REV XUNDU: Thank you.  In your statement you have mentioned the ADM, what was this and was its aims?

KE NYANI: The ADM was led by Brigadier Gqozo and people used to say it was actually the ruling organisation which was of help to the people.
 How it used to operate was in this way, one other day early in the morning as I was waking up in my house, I discovered that someone said in fact to me, that Mr Dywashu was found by the policemen, dead, in one road and he had been shot.
 So we were confused.

REV XUNDU: What was Dywashu?

KE NYANI: He was just an ordinary man.

REV XUNDU: ; In what organisation was he?

KE NYANI: He was a member of the ANC.  Now when I arrived where I was getting to, I found people busy there.
 They had their kieries with them and the believed that the ADM was responsible for the death of Dywashu.
 So they were intending to kill everyone who was a member of the ADM.

REV XUNDU: What was actually the cause of the conflict between the ADM and the ANC?

KE NYANI: In fact I can say the manner in which Mr Dywashu was killed was causing discontent because he was killed on the road.  So they used to have their own meetings and we also used to have separate meetings from them.
 So we feel he was killed for no reason, he was not even a person who used to complain, he was just one of them.  I don't even know how his input was.

REV XUNDU: Go on.

KE NYANI: And then it became evident that the majority of us QUEENSTOWN HEARING TRC/EASTERN CAPE
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ADM members were in a great problem, then in the evening that day, I went to the Headmen to ask what had actually happened.
 Then he said he also didn't know he just heard that Dywashu had been shot dead.  We were all unhappy and uncomfortable, thereafter on the same evening whilst sitting there, I was feeling, I was dozing off, then I was disturbed by a woman coming into the house.
 Then I asked her what was wrong and then she said to me, so and so's house had been, a certain house had been burnt down.  But she could not tell who had done that.
 They even said the wife too had been beaten up and she didn't know whether the wife was still alive or not.  The owner of this house was Mr Shosho and Mr Shosho was a member of the ADM.
 We immediately when there, on our way we met three men and we asked them what had happened and they said somebody had survived, but the wife had been hit by a certain stick whilst she was in the house.
 We then went for (indistinct) and brought him to the Headmen and went to sleep.  In the morning we all woke up and went different ways.
 We did call for the police from Rocklands, but only one policeman came.  Then he said the other policemen were all over the place because there was problems in the country so they could not come, but he promised that other policemen would come.
 And then he went away, then we kept the women company.  then a hippo came, they took the Headmen to go and look for the people who had burnt the house down.

REV XUNDU: Wait a minute, could you just tell us more
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about what happened on the 12th of September.

KE NYANI: What actually happened on that day - this month September, in fact I did not stay in my location for this whole month of September.  When there was this problem I decided to leave, because I could see that my life was at stake.  Some other incidents occurred in my absence.
 Even my house when it was burnt down, I was no longer living in there.  After I had left, I just heard that one of the members, Qoniswa had been axed too.
 When I heard that I decided to move out of the house, leaving my blanket behind, I just took an old jacket, crossed the road and that was how I left my house.

REV XUNDU: Did you leave your wife behind?

KE NYANI: No, my wife was already with her people.  She had left prior to all this.

REV XUNDU: Then you went to the Headmen's place, according to what you said earlier on.  What did the Headmen say?

KE NYANI: ; The incident of the burning of my house - I heard about it where I was, then a certain man who also was a ranger in our location, this is the man who told me about my house that had been burnt down, there was another house that was also burnt down, Nomzamele's home.
 Then he asked what are you going to, then I said I really don't know.  Then he again left me there and went back home.
 I remained there in the location.  One other day my son came, my eldest son came to visit me and he said they wanted me back home, then I asked where is my home, then he said they had relocated to Merinowalk and they had a house there.
 Then I refused, I said no, no, no, I cannot go there.  QUEENSTOWN HEARING TRC/EASTERN CAPE
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Now, some other time I just decided let me at least go home, then I went to Indwe and then to Queenstown.
 When I got to the Whittlesea rank, I met a relative of mine, then he called me and said grandfather, then I said, yes, I am going home and go and see what has actually happened at home.
 Then he said no, don't take that risk, you better go back where you come from.  I decided to force matters, then I got into the bus, but when I got there, I decided to go past a certain man and this man said the very same thing that was said to me earlier on my that girl.
 Then I felt it was enough.  Later on his wife said to me, get into this room and he locked me into this room and left me there for the whole day.
 It was night time when my relative, the husband came to me, then he asked me to leave his home, because he was in fear that his house too would be burnt down, so I had to leave.
 I went towards the police station at Twongeni, there was nothing to help me out of this situation, then I went towards the river and slept in between stones there.
 Later on which was early in the morning, I woke up and I sat there on one wall next to an office waiting for a bus to Sterkspruit, which was to leave Queenstown.  Then I boarded it to Lady Grey, I got a hike to Barkely East then I stayed there for quite a while.

REV XUNDU: Is there no charge that was laid or any help that you got because your houses had been burnt down?