Human Rights Violation Hearings — Durban — 1996-08-30

WITNESS:   We were told that they had died, and they never explained anything.  And the following day my sister planned to go to see the attorneys once more.  Then in the same evening, when the neighbours child had come to play, I was asked to take him back to his place and help him cross the street.  When I got out of the yard I saw a white kombi parked before the yard, in front of the yard, and when I came back from taking the child halfway I was accosted by four boers, who asked me as to where my sister was.  And I told them that she was not there.  They asked me whether I had heard that she had died, and they asked me as to how I got to know that, but I never told them.  And they accompanied me into the house.  They went around the house, and there were certain black people who were wearing Balaclavas, and they said to me I should tell the people inside the house to come out of the bedrooms and sit in the dining-room, and that I should ask one of the people inside the open the door.   And they got into the house.  They sat down and they asked as to who was the eldest.  We said we were alone, because my father had died by then, and they asked me as to where my sister was.  They told me that they were seeing Mlaba's work.  They were the ones who had killed Mlaba.  We told them that we did not know anything about anyone who killed anyone.  They showed us certain photos.  They showed the photos of our sister, as well as other people who had died.  They were all naked, and they said we should point out my sister, but her photo was not amongst the photos that we were shown.  He actually asked me as to how I could not identify my own sister, and this other boer showed me my sister's photo.  I could not identify her because of the injuries that she had sustained on the face.  They actually showed me my sister on the photo.  From there they went away.  When one of them went out the other one came in and said they are going to get even the others.  They were going to get them one by one and kill them and finish them just like the others.  And they then went away.  Thereafter we went to see attorneys, and we were at the same time preparing for the funeral.  My sister woke up the following morning and went to the offices.  My brother also went to make some funeral arrangements, and during the day these boers came and asked me as to when we were going to bury my sister.  I told them that my elder brother, as well as sister were not around, so I could not answer them.  I did not know anything about the funeral.  When neighbours came to comfort us during our moment of grief they were chased away by the boers, and they could not stay and comfort us during that moment.  Then on a particular Friday the boers came back.  We were at a night vigil, my sister's night vigil, and the neighbours were afraid to come and attend the night vigil because the boers had come and parked their cars in front of our yard, thereby preventing the neighbours from gaining entry.  Then on Saturday it was the funeral.  My sister was buried.  Thereafter the attorneys phoned and said we should come and institute some civil action, as well as criminal proceedings.  My sister is in Kimberley, and most of the time she was not at home.  So they went together with the other bereaved families of the deceased.  They went to see Yakoob and Moerane, and when they came back they related to us, and we were told that amongst the killers that was Eugene de Kock, as well as Nofumela.  Then after some time they went back and they were told that the case was postponed, and when the case was finalised I was told by my sister that the Judge had said he fears for his life, then he will not announce the conviction, he will not convict the accused people, but he will pass the matter on to Pretoria.  He reserves his judgment.  Thereafter nothing went on.

UNKNOWN: And this kombi that you said was parked in front of your yard, were you able to identify the people who were inside?

WITNESS:   No.  I could see them, but I cannot really say who they were, but they were calling each other by names, and they were saying Mr Botha.  At some stage they called a certain Mr Botha.  But what I am positive about is that Mr Mlaba has all the details, because they knew about all that took place during that time.

UNKNOWN: In your statement you said you, Sidney, as well as Patrick, went to Piet Retief.  Who is Sidney and Patrick?

WITNESS:   Sidney is my elder brother, and Patrick is the

UNKNOWN: first-born at home.  Both are my brothers. When you got to Piet Retief what did you see?

WITNESS:  A kombi was hired so that we could go fetch the corpses.  When we got at the mortuary we saw certain boers who were paging through an album, and they were busy pointing at certain photos and saying they were going to get them one by one.  And they told us that our corpses were here and they were going to give them to us.

UNKNOWN: Can you identify the boers?

WITNESS:   I am not sure, because Mr Mlaba is the one who was writing everything down, and he has all the details.  Even the docket is with him.

UNKNOWN: Did you get the death certificate?

WITNESS:   We never got any death certificate.

UNKNOWN: So you never got to know the cause of death?

WITNESS:  We did hear as to how they died.  They were coming from that country and they were heading for South Africa.  It was a private car as well as a kombi.  There were three girls, my sister, Lindiwe Mthembu, as well as another one, Glenrose Xothoza.  Then there was Lennie Naidu.  Lennie Naidu was a male.

UNKNOWN: Where were they going to?

WITNESS:   We heard that they were from Swaziland and they were coming to South Africa, and apparently they were being watched.  The police were waiting for them, because according to the information that we got later on was that they were separated into two groups.  The others went before the others, and when they got to a certain place they were killed, and they were killed at different days.  My sister is amongst those who died first, that is the first group, and then came the second group and they were also killed.

UNKNOWN: Was there any inquest?

WITNESS:   Yes, there was an  inquest that was opened with regard to their death.   According to the inquest report they were shot.     ---   Yes, there was an inquest.  We went to see where they were killed, the scene of crime, as well as the kombi which was full of bullet holes.  Now, when the case started, and when de Kock was asked as to why he did this, de Kock said he was killing a dog from the ANC, and he was asked as to how many times he shot them.  He said he did not take any regard as to how many bullets he fired.  All that he knows is that he was killing ANC dogs.

UNKNOWN: You said the Judge said he reserves his judgment because he fears for his life.  What court was that?

WITNESS:  I don't remember quite well, but that was in Piet Retief.   That was in Piet Retief.  Do you remember the name of that Judge?   ---   No, I don't remember, but I think Mr Mlaba does have all the details.

UNKNOWN: I do hear, Gloria, that you were harassed emotionally by losing your sister.  You said just before the funeral the boers did not allow people to come and pay their last respects.  Do you know these boers who came and blocked the entry and parked in front of your yard?

WITNESS:  We could not get their names because they just got into the house and flocked(?) the house, and most of the time I was the one, and I was young at that time, and whoever was getting into the yard would be accosted and turned back.  And each time they used to ask as to who was the eldest, and they would walk around the house, open windows, as well as curtains.

UNKNOWN: Were they police or members of the Special Branch, or were they wearing any uniforms?

WITNESS:   They were

UNKNOWN: wearing SAP uniforms.   On the day of the funeral how did the funeral proceed?