Human Rights Violation Hearings — Lusikisiki — 1997-03-25

NOKUZOLA PHILLIP: Yes, because he was a member of the ANC at that time, he was taking part in that march.

MR SANDI: Was there any investigation done due to this?

NOKUZOLA PHILLIP: Yes.

MR SANDI: Did you have a legal representative for the family and a doctor for the family?

NOKUZOLA PHILLIP: We had a doctor, but I do not remember his name and there was a lawyer investigating this issue, but as the time goes on I was the one who organised all this and at the end of 1990 I went to this lawyer because the case did not continue and I told this lawyer.   This lawyer... (Tape ends.)  ... a letter, saying that this case was dismissed.

MR SANDI: Do you still remember the name of this lawyer?

NOKUZOLA PHILLIP: It was Mr Ntloko from Lusikisiki.

MR SANDI: Was it in 1990?

NOKUZOLA PHILLIP: Yes it was in 1990.

MR SANDI: How old were you in 1990?  Were you working at that time?

NOKUZOLA PHILLIP: Yes I was working.

MR SANDI: At home was there any elderly person who was helping you in this case.

NOKUZOLA PHILLIP: Unfortunately, Mr Chairperson, after all these incidents my mother was not well.   She had a heart failure and it was difficult for her to go to the lawyers, because she was not well.

MR SANDI: Do you have a request to add to these you have already mentioned in your statement?

NOKUZOLA PHILLIP: I do not know whether I can remember clearly what I have requested, but my main request is that my mother is not well.   I request the Government to help her, because she is paralysed.  She cannot do anything.
 And I would also request the Commission to educate my younger sisters and brothers.
 And I would also request the Commission to help us to build a home, because we hoped that Fikile would help us 
to build a home.

MR SANDI: Is that all you want to say?

NOKUZOLA PHILLIP: Yes, I can say so.

MR SANDI: Let us now go to Mr Tshitshi Ndlazi.
TRUTH AND RECONCILIATION COMMISSION
HUMAN RIGHTS VIOLATIONS
SUBMISSIONS - QUESTIONS AND ANSWERS

DATE: 25.03.1997 NAME: TSHISHI NDLAZI

DAY: 2 LUSIKISIKI

TSHISHI NDLAZI: (sworn states)

MR SANDI: We have already heard that you were shot on this day Sir.  Did you go to a doctor or to any hospital?

TSHISHI NDLAZI: I met the police in town.  They shot me in my back and in my leg.  I was taken to the hospital in town and after a while I was transferred to Bambezana and even today I am still receiving treatment from Bambezana.

MR SANDI: Is it true that you were waiting for a bus at the time of this incident?

TSHISHI NDLAZI: Yes it is true.

MR SANDI: Were there any other people who were shot who were waiting with you?

TSHISHI NDLAZI: Yes, all of us were shot.

MR SANDI: Sir, you have a request to this Commission that you want to get proper medical treatment?

TSHISHI NDLAZI: Yes I do get treatment from Bambezana and I want the Commission to help me because I use public transport to Bambezana.

MR SANDI: Did you go to any lawyer?

TSHISHI NDLAZI: No, I did not go to any lawyer.

MR SANDI: Do you have any other request?

TSHISHI NDLAZI: My request is that I want you to help me, to give me money, because we are using a combi from Barberton to Bambezana and I am paying for this transport.   I want you to give me money every day.

MR SANDI: You mean that you use public transport to go
to the doctor?

TSHISHI NDLAZI: Yes, even on Monday I am going there.   Even today I was suppose to go and receive my treatment.

MR SANDI: Thank you Sir.
 Let us now go to Mr Tambodala.
TRUTH AND RECONCILIATION COMMISSION
HUMAN RIGHTS VIOLATIONS
SUBMISSIONS - QUESTIONS AND ANSWERS

DATE: 25.03.1997 NAME:  MANDLENKOSI TAMBODALA

DAY: 2 LUSIKISIKI

MANDLENKOSI TAMBODALA: (sworn states)

MR SANDI: Mr Tambodala, you were one of the people who were marching on that day.  You were at the back.  Were you amongst the people who were marching?

MANDLENKOSI TAMBODALA: Yes.

MR SANDI: You say that you were at the back of the march?

MANDLENKOSI TAMBODALA: I think you are referring to the march on the 20th?   Three marches were mentioned.  Which one are you talking about?

MR SANDI: I thought that Livingstone Sapo has already mentioned these marches and there is no need for me to go into details.   Were you affected?  Were you shot on that day?

MANDLENKOSI TAMBODALA: No, I was not shot on that day.

MR SANDI: Your statement confirms that this march and the shooting happened.

MANDLENKOSI TAMBODALA: Yes, my statement is to confirm that on the 20th and the 7th the marches happened and the police shot people.

MR SANDI: Is there any other thing you want to say to the Commission as you were there when this thing was happening?

MANDLENKOSI TAMBODALA: What I can say is that we were harassed and stabbed by the police in the police station in my head and I have problems with my memory.  I cannot think properly, because I could not receive medical treatment.  I was taken to the medical trial cell and they took me to prison.  They did allow me to go and see a doctor.  They thought that I was trying to escape.

MR SANDI: Did you go to a doctor to lay a charge against this policeman, the one who stabbed you?

MANDLENKOSI TAMBODALA: The problem we had is that we were not allowed to have an attorney.  The lawyer we had was a State Advocate and when we told him about our problem he said that there is nothing he can do because he was hired by the Government.
 We were then sentenced and the charge said that there is no clear evidence in court, because the police acted in a way they were not supposed to act.

MR SANDI: Was there any other lawyer in court, except the one you have mentioned?

MANDLENKOSI TAMBODALA: No.

MR SANDI: What were you charged of?

MANDLENKOSI TAMBODALA: We were charged on different charges, illegal possession of a fire-arm, illegal possession of bullets, attempted murder, robbery, theft, assault.

MR SANDI: With whom did you go to court?

MANDLENKOSI TAMBODALA: It was Velile Ngcamla, Livingstone Sapo, Simlindile Mabena, Nsigela Nqonja, who was arrested because I used his car to take Mabena to Bambezana Hospital.

MR SANDI: Is that all you want to say, Sir?

MANDLENKOSI TAMBODALA: Yes, that is all.

MR SANDI: Thank you very much.

MANDLENKOSI TAMBODALA: What I can add, while we were beaten up my body was swollen.  I was beaten up with a sjambok and I
was supposed to see a doctor, but I was not allowed to go and see a doctor.  What I can add to my request to the Commission is that since I was released from prison, but firstly when I was in prison, I tried to apply to universities, because I wanted to continue with my education.   The problem I had is, since my father died while I was in prison, my mother suffered from a heart attack after that incident and the business collapsed.   I was accepted by Unisa, but I had financial difficulties.  Even now I cannot continue with my education.
 Secondly, here in Lusikisiki, as I have a feeling that the reason for us to be beaten up...  If we were gathering in a hall maybe we would not have been beaten up.  We used to gather outside because we do not have a community hall.
 I would request the Commission to help us to have a community hall.   It would be easier for us to have meetings here in Lusikisiki.   If the Government can do that for us it would be appreciated.
 I would also request the Commission to help my mother to build up her business, because she was trying to support us.

MR SANDI: Thank you Mr Tambodala.
 I will hand over to the Chairperson.   
 Thank you Mr Chairman.