Human Rights Violation Hearings — Nelspruit — 1996-09-05

MR NGOMANE: On the day of my sentence I was told that I was one of the leaders of the comrades.

MR LEWIN: What was the statement that you had signed?

MR NGOMANE: Nothing was read to us.  They said to us we will have to simply sign and we only signed.
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MR LEWIN: So you signed the statement that you didn't read or that was not read to you.

MR NGOMANE: Yes.

MR LEWIN: There was no explanation why you were sentenced to the four years, it wasn't mentioned what Act you were sentenced under.

MR NGOMANE: We were not even given permission to say something. If you ask something they just simply walked out.

MR LEWIN: Where were you actually sentenced, and who are the "we", how many people were sentenced with you?

MR NGOMANE: ... in front of the magistrate at Graskop.

MR LEWIN: In Graskop.  Where did you serve your sentence?

MR NGOMANE: Nelspruit for three months and from there I finished my sentence in Barberton.

MR LEWIN: Then you were released in 1991.  We now move on to those whom you say accused you.  What were the accusations against you?  I am trying to get the link between the accusers and the people who sent you to jail, because they seemed to be two different sets of people.

MR NGOMANE: They said to me because I had a meeting with the comrades, what I wanted to know what is the reason.  They said to me I gave a tip to one of their sisters-in-law that that person should go away or he should actually appear before the comrades.  Because he went away, I was charged for that, because I gave him a tip.

MR LEWIN: Yes, but who were the accusers, who was saying this about you?

MR NGOMANE: I actually requested the entire family, all the family members came.  Before the chief, they even appeared before the chief.

MR LEWIN: These were the family members of the comrades?
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MR NGOMANE: So it was the family members of those who had killed and the family members of the comrades and even members of the chieftainship, as well as police officers.

MR LEWIN: You had the meeting in August 1993 to reconcile.  Do you not - yes.  Has that not actually reconciled you with the people at all? Why not?

MR NGOMANE: Those who were actually present at that meeting, those who were there at that meeting did reconcile.  But those who were not in that meeting did not trust what I said.  Those are the people who are spreading the rumours that I was lying to those who attended the meeting.

MR LEWIN: What I want to clarify and confirm, is the fact that it was the attention from the police and the soldiers which made your wife close down the business, firstly.

MR NGOMANE: Yes, yes, it was the soldiers, because they were actually looking after my boy and they were threatening my wife that if he continues there, they are going to kill him. So she had to close down.

MR LEWIN: It is now your differences with the people who stayed in the area which has driven you out to go and stay in Barberton?

MR NGOMANE: The reason why actually that led to me staying in Barberton is the fact, that the other group that did not attend the meeting say that no, I was lying to those people, they are going to kill me.  So I had to run away.

MR LEWIN: Could you tell us very simply what you hope what the Commission can do for you?

MR NGOMANE: I think it is within your competence, but I don't want to live with enemies.  But I don't have any wrong thing which I have done. Even those people who misinterpreted me, I said I forgive them.  If I meet them
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along the way I will just greet them. That is all.

MR LEWIN: Mr Ngomane, what we will also lead is also a full statement from you so that we can follow this up. Could you hand back to the Chair please, and the other Commissioners.

CHAIRPERSON: Thank you very much.  Wynand Malan?

MR MALAN: Mr Ngomane, while you are at the microphone, this chief Mandida Makawtha, was he assassinated or killed or murdered in 1985?  Is that what you said?

MR NGOMANE: Yes, that's what I said.  The 1st December.

MR MALAN: How did he die, who murdered him?

MR NGOMANE: He was killed by people whom I don't know up until today.

MR MALAN: In your wife's statement, she says that Mr Sono came and spoke to the community and said not to persecute the family any more because the people who were involved with the killing are three men, who had already been arrested.  Was there any link in that?

MR NGOMANE: Yes, there is truth in that.  When they were sleeping in the bush, they had problems.  So the Council of Churches came forward, they came to intervene so that these people who are left behind must not fight, they must concentrate on those whom they had arrested.

MR MALAN: It is very difficult really to understand this, because you gave information without a statement being before us.  We don't know whether you made one earlier. But it is confusing.  Chief Mandinda, who succeeded him?

MR NGOMANE: Tenga Sekwatkwa, his aunt.  She is the one where we met at her place when we were trying to resolve this conflict.

MR MALAN: When you were arrested, your wife says you were arrested at the house of Chief Mandinda.  Who was living
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there then and why were you there?

MR NGOMANE: No, I left early in the morning, because I was looking for the soldiers. I needed them to give my torch back.  So that is why they arrested me, because they were next to Madinda's house.

MR MALAN: You gave evidence that you had no idea why you were arrested and imprisoned, that people just made you sign a document. You still today don't know what it was about. Have you never seen a charge sheet; have you no idea whatsoever what the magistrate decided you must go to jail for?  You have no idea what that is for?  May I put this way round. Let me start the question afresh. What did the magistrate think he was sending you to jail for?

MR NGOMANE: I was kept in custody alone.  Afterwards they brought comrades to me in custody. So I was with the comrades.  Everywhere they took me, I was taken together with the comrades.  Therefore I could figure out that I was also with the comrades. One white man asked me if I am a relationship with Madinda. I said yes, I do.  Then I asked them to come forward together so that we talk and find out why we are fighting.  So they explained to me that it is because I gave advice to someone.

MR MALAN: Were there other people with you when you were sentenced to jail in court or were you the only person in court at the time?

MR NGOMANE: I was alone initially and afterwards I was joined by the comrades.

MR MALAN: Was this in the court or in prison?

MR NGOMANE: We were sentenced together with the comrades from court to prison.

MR MALAN: What was your relationship with Chief Madinda?
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You say he was your cousin. Was it a good relationship, was he also supportive? If I may just finish this. Was he also supportive of the comrades at the time or was there conflict between him and the comrades?

MR NGOMANE: He died before the story of comrades came into being.  The comrades came into being in 1986.

MR MALAN: Thank you, I have no further questions.

CHAIRPERSON: Yasmin Sooka.

YASMINE SOOKA: I just want to ask Mrs Ngomane.  She says that there were three men who were burnt.  Who are the three men that were burnt, firstly, that is my first question.  The second one is who were the people who were actually arrested for burning those three men?  Mamma, can you answer, please?

MRS NGOMANE: These three men were burnt at Magobodi, they were comrades and also members of the community.

YASMINE SOOKA: Do you have their names for me, please, Mamma?

MRS NGOMANE: Yes, but I won't tell.

YASMINE SOOKA: Do you know who the men were who were arrested for that burning?