Human Rights Violation Hearings — Mooiriver — 1997-05-28

WITNESS:  I am still at school.

CHAIRPERSON: Now, your grandmother said that your father was harassed constantly by the police, is that correct?  What was the nature of that harassment?

WITNESS:   Yes, it is true.  At the time that he was the leader of the Civic Association they would hold meetings, and at times they would meet with the Inkatha members, and due to the fact that there was no relationship between the two they would go to Niehaus and ask them to assist in ending the conflict, because a lot of people were dying due to the violence.  And my father's friend, who stays in 'Maritzburg now, Mr Malinga - was that Niehaus responded to the effect that if he didn't stop being a leader of the ANC they will find themselves swimming in a pool of blood.  And it's - my father responded that he would never stop being a leader.  I think Niehaus realised that he didn't want to stop, then he kept on making threats, as well as harassing him.  And when he reported to Niehaus, Niehaus would not investigate the threats, they would just come to him and say they're looking for guns, instead of responding to the matter that is being reported.  And they refused to give him a licence, and they would say my father was hiding certain guns, as my grand mother has already said.

CHAIRPERSON: And is it correct, as your grandmother said, that your father was never ever convicted of having weapons, or ... (incomplete)

WITNESS:   Ever since I was born I have never seen my father going to court.

KHOZA MGOJO: A question to ascertain myself.  I heard you testifying to the effect that at the time when Derek and Mavis were being shot there is a child who was shot.  Could you tell us as to how she was shot and where?

WITNESS:  One bullet went through the right side, just above the breast, one below the breast, and went through the back.  Maybe if you want to see her she is present, and the wounds are still apparent.

KHOZA MGOJO: Did the bullets all go out?

WITNESS:   Yes, the bullets went out.

KHOZA MGOJO: How old is the child?

WITNESS:   She is 10 years old.

KHOZA MGOJO: Is she at school?

WITNESS:   Yes, she is. How is she?   ---   She was traumatised by the incident.  She is not like other children.  She is quite some type of a recluse.

KHOZA MGOJO: Has she been to see any doctors so that they can help her?

WITNESS:   No, she was admitted at the hospital.  After being admitted she never went back to see the doctor.

KHOZA MGOJO: Does she get any pains, physical pains?

WITNESS:   Yes, she does point out and say her body is painful.  She would point at the wounds.

KHOZA MGOJO: What standard is she in?

WITNESS:   She is in standard three.

KHOZA MGOJO: How is her school work?

WITNESS:   No, her school work hasn't been affected drastically, but socially I wouldn't say she is faring quite well.  I think she is different from other children.  She needs some help.  I think she does need counselling.  I think every person, especially at an early age, who had parents and she later discovers that her parents had been killed, I think such a person does need to undergo some counselling, because she hasn't grown like other children who had their parents with them.

KHOZA MGOJO: So you think that she would also need some counselling?

WITNESS:   Yes, she was four years old, and I think she was disturbed mentally or emotionally.  She should also see some counsellors.

KHOZA MGOJO: The last question that I have.  You said that the investigating officer who was investigating with regard to the car that was taken, what was the name of the investigating officer?

WITNESS:   May I just put this straight?  The one who investigated with my father's death is the one who told me that he was no longer dealing with my father's case, but it was a white policeman.

MR LAX: (Inaudible) ... follow up a little bit on your sister's shooting.  That didn't happen at the same time, it happened at a different time, is that right?

WITNESS:    They happened at the same time.

MR LAX: Was anyone else injured in that shooting besides your sister?

WITNESS:   It was my father, my aunt, as well as my sister.  My brother was never injured and he said he never heard anything.

CHAIRPERSON: Mrs Majola and Bonginkosi, we are glad that you were both able to be here together to tell the story about your son and your father, and we hope that you were able feel supportive of each other in telling this very sad story.  We know from a lot that has been said by other people who gave us statements that Derek Majola was a very well known person, and many people have said that he was somebody who was committed to peace in the township, bringing together the hostel residents and the township residents.  And we know that that is one of the things that he pursued, trying to get the police to assist in bringing peace between the hostel residents and the township residents.  And it's a terrible tragedy that a person like him should have ended up being killed in that way.

CHAIRPERSON: I think it's also important for the people here to recognise another victim who is not here on the stage today, and that's your sister, who is sitting there in front, the daughter of Derek and Mavis Majola.  And she can't give evidence today because she's a child, she's under age, but we nevertheless want to recognise her today.

CHAIRPERSON: So, even though you have told us this very tragic story, we hope that you can take some comfort from the knowledge that many people in Brandville regarded your father and your son as a hero, and its important that his memory and the good work that he did should live on.

CHAIRPERSON: We will try and find out from the inquest record why no one was charged with his murder, and the murder of his wife, and we will communicate that information to you, but in the meantime we thank you both very much for coming and talking to us today.  Thank you.

WITNESS:   I would like to make a request that since they are still at school, because I cannot help them further their education, I am old and very sickly, and there is no other person who helps me.

CHAIRPERSON: What standards are they in?  How many are at school?

WITNESS:   They are three.  There is the other one who was in Derek's arms, who was staying with Derek after the father had died.

CHAIRPERSON: Could you please just give us their names and their standards.

WITNESS:   I will count the other ones because I am just finishing my schooling.  One is Nomvelo.

CHAIRPERSON: How old is Nomvelo?

WITNESS:   Nomvelo is 15 years old.

CHAIRPERSON: What standard is he?

WITNESS:   He is in standard six.

CHAIRPERSON: The other?

WITNESS:   Nomthandazo.

CHAIRPERSON: How old is she?

WITNESS:   She is 18 years old.

CHAIRPERSON: What standard is she?  (Pause)  How old is Thabile?

WITNESS:   Thabile is 18 years old.  She is in standard seven.  The third one is Nomgu.

CHAIRPERSON: How old is she?

WITNESS:   10 years old.  It's the one

CHAIRPERSON: /Who is

CHAIRPERSON: who is seated there at the front.

CHAIRPERSON: What standard is she?

WITNESS:   I think she is in standard three.

CHAIRPERSON: Now, as you say you want to be helped, how much are they paying for their schooling?

WITNESS:   Nomvelo is paying R250,00 because she is in Durban.  Thabile pays R40,00 per annum, and Nomkhululeko I was paying ... (intervention)

CHAIRPERSON: May I just clarify here?  Nomvelo is at school and they pay per term, and granny is mistaken, it's R250,00 each term.  She is a day scholar.

CHAIRPERSON: What's the name of the school?

WITNESS:   It's Rossburgh High.  It's a private school.

CHAIRPERSON: And the other one, Thabile?

WITNESS:   Thabile is at Myezaneni.  It's a black school.

CHAIRPERSON: What about Nomkhululeko?

WITNESS:   She is at Estcourt.  I have forgotten the name of her school.  It's an Indian school.  I think it's a public school.

CHAIRPERSON: Rossburgh is not a government school?