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

WITNESS:   What I discovered and what I found out when I was conducting the investigation myself is that where she was staying at Red Hill there were some conflict and contradictions in the community, and they were trying to - others were trying to run and escape to go to some other place, but evidently what happened, my daughter did run away with a certain group, and met another group of women.  You know that place is a farm like place, and they met and the other women said, "Oh, this one comes from this one," but then they started attacking her, they stabbed her.  She did not die as a result of what happened at Gasa's place, but she died from that incident.  You know, when the inquest was conducted at the court of law I did go, and I saw those who were arrested who murdered her.  On the other day, the next day when I was supposed to go again to attend the case, I found out that they had escaped.  They ran away, escaped from prison.  Well, that made me think that no, these are some of the things that happen in our lives.  But I just said that - I mentioned that because of what my pastor asked me to say.  You see, this was a result of what happened at my house.  This is why my daughter ran away.  She was not going to run away if the situation was just calm and right and perfect, but because there was also sorts of things going on at home she decided to leave the house.  We were all over.  I was also going anywhere I felt like going.

COMMISSIONER: Mr Gasa, just one question.  Where did this inquest take place, your daughter's inquest?  Which court was it at?

WITNESS:   It took place at Chatsworth Court of law.

COMMISSIONER: Was there any - sorry, just to help us, what month was that of that year?  You mentioned it was - your house was burnt during August.  About how long after that was that inquest?  Just so we can trace it.

WITNESS:   I will be fooling you really if I can tell you exactly when this took place, because I just wished that these things could pass, you know, not to entertain these things.

COMMISSIONER: On last question.  Was there ever an inquest or a court case arising out of the - firstly the actual cinema massacre itself?

WITNESS:   That's a myth you are talking about.  I am finished.  You are talking about myths.  That's it. And then secondly your own situation at your home, where your house was burnt and your stocks were destroyed and so on, was there ever any case involving that issue?  ---   In my story I had attorneys, Wenza Mlaba, Bheka Shezi.  Also there were affidavits.  But I did get an opportunity.  After my hiding I went to Umlazi charge office.  I did not mention my name, I did not tell them I am Gasa.  I just went there as Msomi, because I knew that there could not be any charge, also any kind of forging, you know, because I am still Msomi and I am still Gasa still.  You know that's our culture as black people.  And I asked - I came at the right time when they were talking about those things.  Police were saying, "We will finish this riot and everything that was taking place."  And I came.  After saying that I am Msomi I said, "I want to know about D1187.  What happened about the whole thing?  What happened, because the house got burnt and what happened?"  As Msomi they were trying to look for my file.  It automatically happened that I said, "I am Gasa and the owner of the house."  They chased me away so rudely.  They said, "We are not talking to ANC here.  You are just coming in here to philosophize.  You are this ANC, you are Khoza, coming here to philosophize."  You know, it was a matter of must that I should leave the charge office because I had no chance at all.  After leaving the office in my car I said, "No, I have just made a blunder.  No, these are just boys who are chasing me now.  Let me just go back to the station commander."  And also they said the same thing.  So they were saying one thing, saying, "We are sick and tired of ANC."  I never went on.

COMMISSIONER: (Inaudible) ... there at the time?  Do you remember his name at all?

WITNESS:   I don't remember quite well.  You know, there were so many station commanders who have come in and gone.

COMMISSIONER: Mr Gasa, we want to thank you very much for coming in and telling us your very long, sad story today.  Your name was one of the household names in - not only in Umlazi, but also in Natal, as it used to be called in those days, and you have consistently fought for people's rights over the years.  You told us about one of the most important events of the 1980s, that was the Umlazi Cinema massacre, and you left us with some very vivid and terrifying visions of what happened on that day, with police outside, soldiers outside, and hundreds of armed men, men armed with assegais, knobkerries, bursting into the cinema, killing people, stabbing people, people jumping off the higher level onto the lower level.  It sounds like a scene from hell.  And after the death of Mrs Nxenge, and after the Umlazi Cinema massacre, this province entered one of its darkest periods.  A state of emergency was declared, thousands of people were detained, dozens of people died or disappeared, and townships like Umlazi, where you come from, were completely controlled by the police, the Security Branch, the KwaZulu Police, who, as you have described, and many other people have described, were working very closely with Inkatha.  One of the leaders that you've mentioned, one of the Inkatha leaders that you have mentioned, who led this massacre, was Mr Wellington Sabela, who at the time was a member of the KwaZulu Legislative Assembly, and although he has died now the organisation of which he was a member must take political responsibility for events like this, tragic events like this, where 15 people were murdered.  We are very sad that you have lost your wife, that after having been in and out of gaol so much, having watched the house that you built being burnt down twice, we are very sad that she is not with you to share your old age with you.  But we have seen that you have come to us in a positive spirit today, that you are still a strong and positive person, and we hope that with your children that you still have many years in front of you.

COMMISSIONER: As Dr Mgojo has said, our job is to make recommendations to the Government as to how people like you should be assisted, and we will be make recommendations to the State President and to the Government as to how you should be assisted.  So again, finally, we want to thank you again very much for coming in today.

WITNESS:   Thank you.

COMMISSIONER: Thank you very much.

WITNESS:   Thank you.

COMMISSIONER: (Inaudible) ... we greet him today as well.  Before you give your evidence please will you stand and take the oath.

MR MBOTIWE: (Sworn, States)   (Through Interpreter)

COMMISSIONER: Thank you very much.  Mr Lax will assist you now with your evidence.

MR LAX: Good afternoon, Mrs Mbotiwe.

WITNESS:   Good afternoon.

MR LAX: Thank you for coming.  Briefly before we start, is it correct that you were born on the 7th of October 1935?

WITNESS:   Yes.

MR LAX: And you live in Umlazi?

WITNESS:   Yes.

MR LAX: Now, the son you're going to tell us about, Sibusiso Jerome Mbotiwe, was born on 29 November 1971.

WITNESS:   That's correct.

MR LAX: Can you tell us briefly a little bit about your family please?  How many children do you have, are you married, etcetera?

WITNESS:   I am married to Mbotiwe.  I have Thulani, who is the first born, and Fanfani, the second born, and I have two boys, and all my girls are married now.  We left Mtwalume for Umlazi, and that's where we bought a house from KFC, and we occupied that house with my family.  I gave back(?) to Sibusiso here in Durban.

MR LAX: Now, this incident with Sibusiso, as Mr Lister has said, happened on the 28th of January 1990, and in the morning, at about 8 o'clock in the morning.

WITNESS:   Yes.