Human Rights Violation Hearings — Port Shepstone — 1996-08-13

WITNESS:   Yes, that is true.  The case was opened at Highflats.  Since we ran away we didn't even know where to bury the deceased, and we had to bury the deceased at Mariannhill.  He spent about two weeks at the mortuary because we didn't have a place to bury him.  All this troubled me.  We started preparation for the funeral and we find a place at Mariannhill, and we had to go to Ixopo to fetch the deceased, and he was buried at Mariannhill, and a case was opened at Highflats.  The first hearing of the case was at Ixopo.  We went to Ixopo.  The way the people in the company of the chief were treating us was so horrible.  On the first hearing we were told that the case would be postponed and we would be told when to come back to court.  During 1991, in that year, we didn't know what was happening, everything just got quiet, until 1993 January we got a message that the case will be heard at Scottburgh Court.  We went to Scottburgh.  At that time I was at school and studying.  I was doing my final year doing a teaching diploma.  I went to college during 1992.  In 1993 I was doing my third year.  And we were told that the first hearing will be on the 2nd of February.  We attended the case.  We were badly treated in court by the IFP people, and that is still something that I can't forget. And they insulted us and called us by different names, and they used to say I mustn't get into to court, I have to stay outside.  And then the case just finished like that.  I didn't know what happened.  And it was decided on the 17th of February.  We used to go to court every day.  Somewhere on the 8th - someone who was traumatised by this matter was Sipho's mother, and she died at the time at home, and there was nobody at the time of her death at home.  We were not at home because we went to court for the hearing, and when we came back we were told that our mother has passed away.

MR LACKS: We really do sympathise.  If you could just help us, what was Sipho's mother's name?

WITNESS:   It was Valencia Mashezi Vezi.  She died in our absence.  We were at court.  As I have explained when we arrived at home they told us she died at about two in the afternoon.  The people, those who were in the chief's side, harassed us.  We were seriously harassed.  I don't know whether we also got psychologically affected, but it was a serious situation.  When I had to go back to school I was confused, and the rector had to release me, saying I must go back home, I mustn't study during that year, and I have to stay for a year out of school.  During 1993 I couldn't go to school and I couldn't work, and I had to go back to school during 1994.  I can say that's the end of this traumatic story.

MR LACKS: Thank you, Mrs Vezi.  Just if I could ask one or two other questions just to follow up on one or two issues please.  The people that were accused ... (inaudible)

WITNESS:   Yes, that is true.  We were trying to call the people at Ixopo to sort of give us a death certificate.  Their reply was not good.  They were saying to us that, "Go and fetch the death certificate at the Comrades."  We didn't know who wrote the reply, but what we got is that we should go back to the Comrades to find a death certificate.  And we tried to ask them and kindly request them to give us the certificate.  We only used the removal of a corpse to collect his body.  The problem was we couldn't bury him without a death certificate.  We used to phone, call them and try to get them to give us a certificate.  They said, "We won't bring the certificate to you, you must come and pick it up."  Unfortunately we are afraid to go because we have to go via the place where we were attacked, and we asked them to meet us halfway so that we can meet on the way so they can give us the certificate.  Therefore we had to meet them at Umzinto.  We were from Umlazi and they were from Highflats, and we met at Umzinto to collect the death certificate after the body had spent about two weeks at the mortuary.

MR LACKS: You also told us that you had to get the assistance of the lawyer, Mlaba, to help you get that death certificate.  Do you remember that?  Do you confirm that?

WITNESS:   Yes, that is true.  We went to the lawyers to ask for Xolani's certificate.  That was - yes, that was Xolani's certificate.

MR LACKS: Just one or two other small questions.  You've indicated, and it's obvious to us, that you yourself have been quite affected about these deaths and about the burning of your homes, and having to go back to Umlazi and be chased away from that area.  How has this affected your child, this nine-year-old?  It must have been quite difficult for her to see what happened to her father.

WITNESS:   The child was still young at the moment, but now since he has grown up he said, "Now I am grown up I will take a gun and shoot the people who killed my dad."  This shows that really it's in his mind that there are some people who killed his dad.  He always complained that, "Now that I am grown up, and I will do something, I will kill them."

MR LACKS: Just for the record, what was the outcome of the court case?

WITNESS:   I will say that I couldn't even get into court.  They were always saying things, saying like, "A Comrade cannot stand before us."  And they said that Sipho was trying to shoot the chief and the chief's people shot him.  And they were saying they were protecting themselves, that it was self-defence.  Unfortunately I am afraid because I don't know why Sipho was - we heard that Sipho was shooting at them, but I wasn't satisfied because we didn't know that Sipho had a gun, and they just have to keep me outside of court.  They said, "Since you are the one who instituted the case you have to stay outside of court," and then from the beginning until the 17th I was always outside the court.

MR LACKS: Who was it at the court who told you to stay out?  Was it the Magistrate or the prosecutor, or ... (incomplete)

WITNESS:   This was a policeman by the name of Dlamini from Ixopo.

MR LACKS: Was he the investigating officer?

WITNESS:   I should say so, because he was the one who used to come, and every time we got to court he was always there.

MR LACKS: You see, if I could just explain to you so you understand.  Normally in court when a person is going to be a witness they usually wait outside so they don't hear the rest of the evidence and then can make up their story to suit that evidence.  That's just a rule of the court.  But it's sad that nobody sat down and explained this to you properly.

WITNESS:   What worried me a lot is that I didn't even get a chance to get into court.  I just stayed in court until the end of the case, and I was just told the case is over.  They didn't even ask me a question.  I couldn't answer anything.  Even now it's still a question.  I don't understand how that could happen.  That worries me a lot.  I still need an answer as to why they kept me outside of the court.

MR LACKS: I am sorry the prosecutor didn't explain to you what he should have told you.  I don't have any further questions, Chairperson, thank you.

DR MAGWAZA: I would like to ask Mrs Vezi, after you lost your son how were you affected by this?

WITNESS:   My health deteriorated because I couldn't do some of things that I used to do at home.  I used to be a hawker, but because I was physically and psychologically affected I couldn't continue with the work.  And I don't know how to support my children.  They are going to school and my husband's pay is not enough.

DR MAGWAZA: Does it mean that you were so affected that you couldn't do anything to help yourself?

WITNESS:   Yes, I can't do anything, like my elder - my sister is the one who's helping me.  I don't know what to do to help me to survive and continue with life.