Human Rights Violation Hearings — Durban — 1996-08-28

MR LAX: Mr Haripersad was talking to these Inkatha members who were there.  After a few minutes he requested Mr Naidoo to get - to drive his van in and tell us to get out from the van, and we got out from the van and we stood outside.  And they took the weapons which were there and they loaded them into the van.   After a short while, when we were still standing there, even though I did not hear exactly what he said to them, he left.  He went into the Sentra, the cream-white Sentra, and he left.  In that minute, instantly, the soldiers - other left, also followed, and the soldiers were left.  And I just asked one of the coloured soldiers.  He could not speak Zulu, and I asked him now that the police have left us here, and the people who are here are enemies to us, how can he be of help, and how can he help us in this situation?  He said, "No, Haripersad has already instructed, and we have to do as he has said."  In that minute the soldiers also left.  Now, when the soldiers were leaving the Inkatha people, Inkatha members, now started walking towards us, and when they got to us they got hold of the one whose mind was lost already, and I asked immediately, "What have we done?"  In that minute, that very minute, I just managed to escape, I ran,  because they were already shooting, but I was shot, I was wounded on my right-hand foot.  And I was taken to Isipingo because I got a lift.  And the driver who gave me a lift could see that I was trying to run as fast as my feet could carry me to escape from the situation.  He was kind enough to help me.  And the roads were not safe then because the people were scattered around, the Inkatha people scattered around, and there was this lady who knew us so well, and knowing my family as well, and she went to my place and explained what happened from what she saw to my family.  And the community gathered together to listen to what has happened.  Immediately I came also, and they were still shocked, surprised.  I had to explain to them what exactly took place.  I could not go to the hospital because of the situation.  Because of how the things were it was not even safe for me to go to the hospital.  Upon Bongani's death comrade Mrs Ndebele came.  She used to come to us and listen to our problems and try to enlist some help, and also tried to see if she could not get some police to come and at least give us security.  She asked Haripersad to come on that very day.  He came around four in the afternoon.  When he came he was asked about the boys he took, two boys, and asked what were they accused - why were they accused and what was going on.  And he said no, we had guns in our possession and we had to be taken and to be arrested because of that reason.  And we opened a case in that regard, and for some time nothing was done, and we gave the statement, and two weeks later I was called at Merebank, where I was connected and I was introduced to one of the police from Amanzimtoti, by Mr Hunter, who took my statement.  You know, it seemed like it was going to be handled and go on, but up until to this day nothing has been done.  After two weeks Bongani disappeared.  They tried to look for him, they could not see him, and finally they located his corpse.  He was already dead, lying along the road, burnt.

MR LAX: Thank you, Mr Mbambo.  If I can just put one or two questions just to clarify certain aspects of your story please.  The area that you were living in was Malugazi, is that right?

WITNESS:   Yes.

MR LAX: And this whole incident happened in that area?

WITNESS:  Yes.

MR LAX: Now your friend, Bongani Xebexulu - that was his surname, is that right?

WITNESS:   Yes.

MR LAX: And as far as you knew he was born in 1965.

WITNESS:   Yes.

MR LAX: Where are his family now?

WITNESS:   They are at Malugazi.

MR LAX: Do you think you could ask them and speak to them to come forward to see us about this incident?

WITNESS:   They work.  They are working.  You see the parents both of them have died, and the elder brother is the one who's the breadwinner taking care of them, and there is one other younger brother who is also present here.

MR LAX: (Inaudible) ... speak to him later on and make arrangements to take a statement from him.

WITNESS:   Yes.

MR LAX: About yourself, you said that you were shot in the leg or the foot.  Could you just clarify that for us?

WITNESS:   Yes, I was wounded here on my leg, on my foot.  But I did not go to the hospital for any treatment.  I got better with time.  I still walk, but I do experience pains and problems there and then.

MR LAX: You said the situation at the hospital wasn't safe.  Perhaps you could explain that for us.

WITNESS:   You see, when one was taken to the hospital or King Edward they will tell the person that anyone who got injured should be taken to Mshiyeni.  And when they were taken to Mshiyeni they will be harassed still at Mshiyeni.  Being injured like that the enemies will get an opportunity to be harassed, or at times even get arrested from that place.  You see there was no - it wasn't safe even at that Mshiyeni.

MR LAX: (Inaudible) ... understand that.  I mean places like hospitals.  We've heard stories from other places where hospitals were not secure even for people who were injured and damaged.  Somehow there was connivance between certain political organisations and people in hospitals and the police.  Now, you've mentioned a number of policemen.  The first one you spoke of is a person called Haripersad, and you've told us that he was the station commander at Isipingo Police Station.

WITNESS:   Even now he still is.

MR LAX: We will arrange to speak to him about this incident.

WITNESS:   Yes, I am prepared.

MR LAX: You've also said that there was two other policemen.  You've mentioned a Reddy, somebody Reddy.  What was his rank, do you know?  Was he a sergeant, or are you not sure?

WITNESS:   He was constable, and Naidoo and Nxumalo.

MR LAX: In your statement the name Xulu is mentioned as opposed to Nxumalo ... (inaudible)

WITNESS:   Xulu/Nxumalo is just one thing.  It's Xulu.

MR LAX: And do you know where those three policemen are, Naidoo, Reddy and Xulu?

WITNESS:   Yes.

MR LAX: Are they still at Isipingo?

WITNESS:   Yes.

MR LAX: And they were SAP policemen?

WITNESS:   Yes.

MR LAX: Now, you've mentioned a nickname for this group of IFP people in your statement.

WITNESS:   Yes, they called themselves - no, we used to call themselves disguisers, because they would disguise when they attack.

MR LAX: And you've told us that there were a lot of attacks in that area.  You mentioned that they day before this happened there were lots of attacks.

WITNESS:   Yes. You've also spoken about some soldiers.  You said one of them that you spoke to was a coloured person.  Do you know where these soldiers were from, where there bas was perhaps, or which area they came from?   ---   No, I did not know where they were coming from, but they were using cars written 121.

MR LAX: And you never got to know any of their names as far as you know?

WITNESS:   No.

MR LAX: Okay.  Now, you mention - and this might have been an interpretation problem, but you spoke about an Ndebele, someone called Ndebele.

WITNESS:   Yes.

MR LAX: Which Ndebele was that?

WITNESS:   Sbu Ndebele.  He is the one I told this thing, and he is the one who called the police, because we had no way of talking to the police.  So he is the one who called the police and asked them about the incident.  You see, he is the person who could come and talk to us each time we had a problem, or probably attacked, and also go around and call the police to give us security.

MR LAX: (Inaudible) ... man who is now Provincial Minister of Transport?

WITNESS:   Yes.

MR LAX: Thank you.  Now, you people belonged to which political party at that time, or which political organisation at that time?