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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 09 April 1997

Location GRAHAMSTOWN

Day 3

Names NONZIMA EDNA BIKISHI

CHAIRPERSON: We would now like to call Nonzima Edna Bikishi, Koloman James Mantile, Zinakile Eric Peter.

REVD XUNDU: Mr Chairperson, with your permission, I would like to swear them in.

NONZIMA EDNA BIKISHI: (sworn states)

KOLOMAN JAMES MANTILE: (sworn states)

ZINAKILE ERIC PETER: (sworn states)

REVD XUNDU: Thank you. Mr Chairman, they have been duly sworn in.

CHAIRPERSON: Ms Maya?

MS MAYA: Thank you Mr Chairperson. I greet all of you. I would like to start with Mr Peter. Mr Peter the incident which you are going to talk about involve your wife, Nomavokutu Topsy Peter, is that correct?

MR PETER: Yes.

MS MAYA: This happened in 1986. In your statement there is no date except that it happened in 1986. Is this the same date as the mother and gentleman next to you?

MR PETER: Yes, all three of us. This happened in the same day.

MS MAYA: Do we agree that it was the same date?

MR PETER: It was in 1987.

MS MAYA: Thank you. What was happening, what was the

situation in your area because it is not clear why the police went to people's houses and kill them?

MR PETER: Nothing was happening Ma'am at that time. We were sitting at home, I was just coming from work. I was sitting with my wife and my grandchild.

We were sitting in the couch, it was myself, my wife, my grandchild and my daughter-in-law. We heard a gunshot. These people were coming towards my gate. I was trying to go out and look at what was happening.

My daughter-in-law told me not to go out because those people had guns on them. They then came to us and asked us why were you shooting at us.

MS MAYA: Were these people asking you why were you shooting at them?

MR PETER: Yes.

MS MAYA: Please come nearer to the mike, sir.

MR PETER: These people asked us why are we shooting at them. My daughter-in-law then answered them, telling them that nobody was shooting at anyone. They then told her to shut up.

They shot at me, but I managed to bend down. They then shot on top of me. While we were still looking at that, they shot my wife and my son.

MS MAYA: What do you mean by saying that? Did they kill them?

MR PETER: They shot my son and then they beat my wife in the head.

MS MAYA: How was she injured?

MR PETER: I don't know, but she was taken to the hospital and she passed away in hospital.

MS MAYA: What then happened to you?

MR PETER: My son did not go to a Doctor, I did not even go to a Doctor.

MS MAYA: In other words people came in your home, you were sitting at home, relaxing at home, your wife was beaten up and she died?

MR PETER: She died.

MS MAYA: Who was this people?

MR PETER: They were the Amangundwana with their overalls.

MS MAYA: Did you notice any one?

MR PETER: Yes, I noticed Madoda, he is staying in Fort Beaufort.

MS MAYA: Do you know his surname?

MR PETER: No, I don't know his surname.

MS MAYA: Is he still alive?

MR PETER: He is in prison, he was sentenced for 20 years.

MS MAYA: Was he sentenced for this case?

MR PETER: Yes, because he shot four people and they died.

MS MAYA: Thank you sir. After his arrest, did you lay a claim?

MR PETER: Yes, I hired a lawyer.

MS MAYA: What happened about that claim?

MR PETER: I did manage to get a certain amount, but it was not enough. I built a house for my children. I have eight children.

MS MAYA: In your story here, you mention that these people left your house and they shot Lhelhe, they also killed Mrs Mandile. Is this Lhelhe Mbenge and Mrs Mandile?

MR PETER: Yes.

MS MAYA: Were you members of any political organisation?

MR PETER: No.

MS MAYA: In other words you were just shot by the police,

you were not aware of what was going on?

MR PETER: Yes, that is true.

MS MAYA: Do you want to add something in your story?

MR PETER: Yes, I would like to be helped and to be assisted, to be supported for my children.

MS MAYA: Do you have any other requests, sir?

MR PETER: No, I've got no requests. I don't want to waste your time.

MS MAYA: Thank you sir. Mr Koloman James Mantile, in your statement you speak about two people, Mrs Jane Msuthukazi Matyani and also Johnson Matile, is that correct?

MR MANTILE: Yes, that is correct.

MS MAYA: Was Jane your wife?

MR MANTILE: Jane was my brother's wife, Pakamile Johnson Mantile.

MS MAYA: Was Johnson Jane's husband?

MR MANTILE: Yes.

MS MAYA: Were they both killed on the same day?

MR MANTILE: Yes.

MS MAYA: What happened to you, why were they killed?

MR MANTILE: I was at number 13 G Street and they were at number 28 Victoria Road with this mother and Peter. I was on my way back from work at 5 pm where I was working at Lewis Stores and I went via my brother Johnson's house.

We were planning to go somewhere which was a church meeting. And that was in 1987. And he said, look I am not going to make it, he was working at GG at the time, the Waterworks.

He was driving these bulldozers and loaders and the machinery used there. I said to him, give me your jacket and your tie, I am going to go. I am not going to go via

home, I am going to go straight to the church meeting.

MS MAYA: What happened when they were shot, what time were they shot?

MR MANTILE: They were shot at approximately 7 or 8 pm.

MS MAYA: What news did you receive?

MR MANTILE: I was in J Street when a child came to me and said Uncle Pakamile has been shot. The child didn't know why but the scull and brain was scattered all over the wall.

Is it possible that this person is still alive, it was just a small child. My wife and I spoke and said this is very difficult to understand and she said that she did not think I should go alone.

We decided to go and tell my younger brother. When we got there, we discussed what to do and we could see that it was quite busy.

MS MAYA: When you went there, what did you find?

MR MANTILE: When we got there, the place was full of soldiers and policemen and people and we were asked where we were going because no one was to go there. We said that we were there to see what had happened. We were family of the person who had been shot and then they opened up a way for us to go through.

MS MAYA: What were things like when you got there?

MR MANTILE: When we got to the house, I found my brother sitting like this, half of his head was shot against the wall. Where he was sitting when I - he was still seated where I had left him sitting, and there was a hole in the wall and his - half of his scull had gone through that hole into the bedroom.

His wife was still holding the potato which she was peeling and the bullet had penetrated her on one side and

gone out on the other side.

MS MAYA: Did you receive details of what had happened?

MR MANTILE: We enquired from the time we were coming on, we asked White policeman coming out on the other side of the school, carrying bottles of wine.

MS MAYA: In your statement you say that these White policemen were intoxicated to such an extend that they told the court that they were so drunk that they did not know what they were doing? Did your brother and his wife have any kids?

MR MANTILE: Yes, they are with me.

MS MAYA: How old are they?

MR MANTILE: The oldest boy has been circumcised and the other two are also grown up now.

MS MAYA: Are any of them still at school?

MR MANTILE: Yes, two of them are.

MS MAYA: Is there anything else which you would like to say to us, with regards to the story?

MR MANTILE: It is a long story but it is basically what I have told you but because nothing else could be done about the fact that they were dead.

MS MAYA: Was a trial ever heard at court?

MR MANTILE: Yes, there was a trial where we were represented by De La Harpe. And as this gentleman said that policemen were found guilty.

MS MAYA: Were these policemen the same municipal policemen?

MR MANTILE: Yes, they were guarding the school because it was month end and they had received their salaries.

MS MAYA: What were their respective sentences?

MR MANTILE: It was - the one who was found guilty, was the one who was found who had shot at my brother and who

seemed to have emptied his cartridges on him

MS MAYA: Did you receive any compensation?

MR MANTILE: Yes, we did receive a bit of compensation after having instituted a civil claim.

MS MAYA: What is your request or what is your wish which you would like to express before this Commission?

MR MANTILE: I would like to ask this Commission for assistance. More so in regard to the children because there are so many things which have now become my responsibility since the death of my brother and his wife.

MS MAYA: Is there anything else you would like to say?

MR MANTILE: No, besides reiterating my request for help with the children and I also have an important request especially in regard to their death.

I never received any kind of compensation because when I, or any satisfying response because even when I tried to enquire about why his wife was shot, we were just told that she wasn't working anywhere and I would like an investigation into their deaths so that these children can receive some kind of answer to the questions.

It is very difficult for me.

MS MAYA: Mrs Bikishi? Mrs Bikishi, your story is about Phindile Lhelhe Mbenge? What was he to you?

MS BIKISHI: He was my husband.

MS MAYA: What happened to you? He was also shot that day without you knowing why. Where was he?

MS BIKISHI: I was busy preparing his supper and he was sitting on the bed.

MS MAYA: What happened?

MS BIKISHI: These people knocked on the door and I was

wondering who knocked and they - he went to open the door and they wanted to know why we were throwing at them and he wanted to know why should we throw stones at you, we don't know you and the one hit him with a sjambok and he fell on the bed and as he was getting up, the other one said, shoot at him.

Because I did not know them I came in and I asked them what are you doing? The one said shoot this rubbish as well. And they shot me in my leg, but I survived. And my health has never been the same.

MS MAYA: Your husband died there and then?

MS BIKISHI: Yes, he did. I lost consciousness in the room and when I regained consciousness, I shook my husband, thinking he had also just fallen and lost consciousness the way I had.

The police then came in and they said oh, dear, this person had passed away and they could see that I was confused and they decided to go and load me into a van or an ambulance or something and take me to the hospital.

MS MAYA: Were these the same policemen who were prosecuted in the matters of the gentlemen next to you?

MS BIKISHI: Yes.

MS MAYA: Did you institute a civil claim?

MS BIKISHI: No, but his family arrived that night.

MS MAYA: You never received any compensation then?

MS BIKISHI: No, I did not. I just received a little bit for my loss of blood.

MS MAYA: Do you have any request before this Commission?

MS BIKISHI: Yes, I do because I need help. I am not well, I am ill.

MS MAYA: Do you receive any pension or disability grant or

anything from the Government?

MS BIKISHI: Yes, I do.

MS MAYA: Thank you very much Mrs Bikishi. Is that all you have to say?

MS BIKISHI: Yes.

MS MAYA: I thank you all and I now hand you back to the Chairperson.

CHAIRPERSON: Mr Peter, Mrs Mandile and Mrs Bikishi, we thank you. If you were not residents of South Africa, we will not believe what you've just told us.

The cruelty of people who were behaving like animals. We thank you for telling us your story today about this mini massacre. We have noted your requests and we will forward them to the President.

We apologise for opening wounds for you, but we thank you for coming to the Commission to give this testimony, you may go back to your seats.

 
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