Human Rights Violation Hearings — East London — 1996-04-18

JACKSON MBOVANE: Oh what I thought was that this was a planned arrangement.  I believed that they planned to come and assault me.
 I returned back to my place and during that period we didn't know what to expect.  In the evening at 9 o'clock the enemies came.  I realised that maybe my sin was going to the place of the Chief Sandile.  When I looked through the window, because my gate was locked, I saw the people have jumped into my yard.  They knocked at the door and then they said they are policemen.  I thought they were really the police.  So I opened the door believing that they are the police.
 There were three people, but I saw clearly two people only.  My children were afraid to go to sleep in another house on the premises but today they were so afraid because they said they would sleep here in the house. When I opened the door there was a person who just came in and he took the EAST LONDON HEARING TRC/EASTERN CAPE
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revolver and pointed me with the gun in my room.  There were two people who were at the door and one of them shot at the girl.

MS MAYA: What happened then?

JACKSON MBOVANE: You know I said they must light so that I can see what was happening.

MS MAYA: Were the children available and were they also able to see the people?

JACKSON MBOVANE: Yes they were able to do so.

MS MAYA: Did you see the person who was at the door?

JACKSON MBOVANE: No, because I was at gunpoint, the person was at gunpoint and they were pointing the gun at me.  There were gunshots, so I had a mental block because I was so afraid that there was something that was going to happen to me.  I didn't even defend myself.  There were three gunshots then I lost consciousness.  At a later stage I was informed that there were three gunshots.  My wife was also here, I do not know why she was so brave.

MS MAYA: Mr Mbovane.

JACKSON MBOVANE: These people left the house but one of my girls was crying.

MS MAYA: Was there another one who was injured?

JACKSON MBOVANE: Yes, the other one was injured.  Then I could see the other one squatting next to the door.  I believe that my daughters knew the people who came into my house for assault.  When they left the place I followed them but the other girl said to me I must not go out because I can be shot.

MS MAYA: So what it clear that the child was fatally wounded?

JACKSON MBOVANE: Yes.  After I went out I came back, but when
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I touched my daughter I could see that there were no signs of life.  I went out and called my neighbours and it was good because most of the people have seen what was happening at my place.  They even heard the gunshots.  So I came again. This was reported and the message was spread throughout the community and most of the people came to give us support.
 I visited a person who had a minibus.  This gentleman was afraid to accompany me.  There was havoc and chaos around my place.  We knew that there were soldiers who usually come and visit the area so the gentleman with the combi was afraid to accompany me.

MS MAYA: Were you taken to the police station?

JACKSON MBOVANE: Yes at the end he agreed to take me.

MS MAYA: Did you get the assistance of the police?

JACKSON MBOVANE: Yes I did.

MS MAYA: What did the police do?

JACKSON MBOVANE: The police came to my place and they asked for a statement from me of what has happened.  I gave the statement and then they took the body of my daughter. They ordered me to go the following day to their place because they were at the Frankfort Police Station.  I was also informed that I should go there so that I can give evidence to what has happened.
 During this period when we were making our beds in the morning there was a bullet which was found there.  We tried to look inside and see whether there were others.  I was asked where are the others and then I was telling them that one of my daughters is dead.
 The following day I went to give the statement.  We took along the bullet and there were detectives who visited 
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my place.  During their visit I was absent at home.  On my way back I met them on the way, and then they said to me we visited your place, but I was surprised how did they know who I am because I didn't know them.  They also asked me, who are the people who did the chaos at my place.  I said I do not know.
 When I came back I was informed that a day after I should go to King Williamstown at the police station in the mortuary.  I went there as ordered and I found my daughter there.  I went to the lawyers and there were people who assisted me because I was even unable to drive because of the incidents which has taken place at my place.
 We found the lawyer at his office.  There was a preliminary interview.

MS MAYA: Do you know who is the lawyer?

JACKSON MBOVANE: I have forgotten the name of the lawyer.  My case was transferred to another lawyer so I did not know the other one who took the case in the beginning.

MS MAYA: How did the case go?

JACKSON MBOVANE: The reason that I am here I do not know whether I was able to get the information of coming because I was going up and down for four years, I was trying to establish what had happened, who came to my place.  I have been going to Zwelitsha offices, going to King Williamstown but there was nothing doing.

MS MAYA: What are they saying when you go there?

JACKSON MBOVANE: At Zwelitsha they always tell me that no, this is atrocious we are going to give you the information when we get any clue.  Do not be afraid and do not waste your money by coming here.  Please wait for us to come to you with the feedback.  We went to the lawyer but we didn't get
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anything tangible.  The lawyer which we approached said they would take the child to the doctor and a post mortem was done.  The detective who was there found another bullet inside the body.  
 In Zwelitsha I was trying to do anything, everything in my power to get details and the people who assaulted my daughter.  Each time I was informed that I must take the file from Frankfort and I was being tossed from pillar to post.  Even today there is no progress.

MS MAYA: Since 1992 was there anything which took place?

JACKSON MBOVANE: No.  The lawyer when I came here at the Commissioner I went to the lawyer again as I usually visit them so that they can assist me.  I get different opinions.  Each time I ask them they give me details which are unfounded and the case is still unfinished even today.  They always cross-examine - if I go there they say what am I asking them, and I am always appearing as if I am the one who is crucified. ...(tape ends)

MS MAYA: Do you know the detective?

JACKSON MBOVANE: No I do not know.  The case was then transferred from that detective to another one.  We were told to wait for the new detective but we are still waiting.  This detective never came back.

MS MAYA: I would like you to give us what you would like us to do as a Commission?

JACKSON MBOVANE: The only thing that I would like to have is that the culprits should be found and traced and they should be taken to wherever they are supposed to go.  If they have to be brought before the court they should.  At the same time I would like the Commission make anything that they see - deem fit.  The other thing is that there are two children.
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MS MAYA: Did you say the mother to the children was not married?

JACKSON MBOVANE: Yes she was not married when she died, but she had two children.  There is another one who is doing Sub B.  Now I have taken them to their father's place.  The other one is doing standard one.

MS MAYA: Would you like to get assistance to take their education forwards?