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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 18 June 1996

Location UMTATA

Day 1

Names PRINCESS LULAMA SIDUMO

Case Number EC0237/96

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PRINCESS LULAMO SIDUMO: (sworn states)

CHAIRPERSON: Ms Tiny Maya is going to assist the Witness.

MS MAYA: Thank you Commissioner. Good morning Gadi. I am going to ask you to please take a minute so that you can tell us who you are, tell us about your home, especially about your son Batandwa so that when we talk about him we must know who we are talking about. Some people don't even know who he was.

MS SIDUMO: My name is Lulu Sidumo. My surname is Ndondo. Batandwa is my son, I got him before I got married, that is why I am Ms Sidumo. He was raised by the Schulwees when he was seven years old. My mother who was raising him died, now after she died, at that time I was also working, though there were people who could raise him, I decided I am going to take him so that I can raise him, so I took him to Thawla to my sister, my elder sister who has now passed on Mrs Mtabisa. We all agreed on this, myself, Mrs Mtabisa and Mr Mtabisa so that for him to stay there and he did his Primary education at Twala Village, he got his Matric at Mditchwe High. He completed his 1980 in December. From there he is registered at UNITRA in January 1981. It was now in this year the first month of this year, my sister passed on, Mrs Mtabisa, Batandwa grew up, he was still in UNITRA at the time, until he was appointed here at UNITRA as the member of the SRC. A year after that then he was suspended in UNITRA. After he was suspended he went back to Twala and then he was employed at Helca Trust, now it was at this time when he was working at the Helca Trust that he met his death.

MS MAYA: Now before we get there, could you please explain to us, could you just explain to us what did you know about his involvement with the Organisations, except the Student Representative Council, especially political organisations?

MS SIDUMO: No, I didn't know much about his political involvement until the time his was at UNITRA. There would be Security Police coming to my place, trying to find out more about him, trying to find out what do I know about his political involvements, but I used to tell him, "No I don't know anything about his political involvement, except that I sent him to school.

MS MAYA: Coming to the day he met his death, what happened?

MS SIDUMO: On this day it was the 24th September 1985, it was in the morning, around 9.00am. Like I said he was staying at my sister's place. A white kombi arrived with dark tinted windows, Batandwa at the time was with his friend - Tubula Bam and the Security told him that they are coming here to him, when they took him so that they, to him they said they wanted to be shown around the town and they left with him. I don't know which route they took, but when they were going out of Twala going to Elliott, I don't know whether it was coming to Umtata or to Engwa but we call it Elliott Road. People saw this kombi, it passed the Police Station, Twala Police Station, now when he was going to town, Batandwa jumped out of the window and after that the Kombi stopped and Batandwa went to one of the houses, opposite the street. He was then followed by a shower of bullets. When he tried to open the door in this house, trying to go to the back at the same time but that didn't help him, apparently he was hit by one bullet which made him to lie on his stomach. Now two men arrived and a woman. The shots were still going on but he was already on the ground, while he was still trying to get up, but the bullets were still going on, at last one of the woman, this woman said "Kill the dog, is this dog still alive, finish him off". At the time one of the woman who was inside the house, listening to all this chaos and this noise she went out. She wanted to see what was going on, now but these people left my son. Now the woman from inside the house asked "whose son is this you want to kill in my house", so when she said that, they turned back and they took him back into the Kombi and they left with him. They took him to the Police Station, from there they took him to the hospital again. Now but unfortunately when they got to hospital the Doctor couldn't do anything because he was already dead.

MS MAYA: Now the house that he was trying to escape to, did you know whose house it was?

MS SIDUMO: We only know that it is owned by Mr Vicky Lashle, it is used for renting.

MS MAYA: Where there eyewitnesses?

MS SIDUMO: Yes, there were eyewitnesses to this incident.

MS MAYA: Please tell us about the hospital.

MS SIDUMO: I went to the hospital, that was now after hours I was told that Batandwa has been shot. When I got to the hospital, security in the hospital told me that I couldn't see Batandwa. Nobody is allowed to see Batandwa. Even after I told them that I am his mother, they said "no one is allowed to see Batandwa at all".

MS MAYA: Did you give up now?

MS SIDUMO: Yes, I gave up because there was nothing I could do.

MS MAYA: So what happened now?

MS SIDUMO: After two days I thought that I should go back to the scene where this happened, I saw two people taking measurements of the scene, I just watched them taking all the measurements.

MS MAYA: Did you know who they were?

MS SIDUMO: Yes, I know who they are.

MS MAYA: Who were they?

MS SIDUMO: It was a lawyer called Mr Sangoyni from Butterworth and Mr Tzan....

MS MAYA: Do you know why they were taking the measurements?

MS SIDUMO: No, I didn't ask.

MS MAYA: Please go on Mama.

MS SIDUMO: I asked from the woman who was in the house when this happened, then she told me, even then nobody came to me to tell me exactly what was happening at the time but I was listening the radios and reading the newspapers, that's where I got the date of the operation of the autopsy. The first time I saw the body was here in Umtata hospital when he was going to be operated on, it was already now after a week.

MS MAYA: Now, mama could you please tell us about the autopsy, what happened?

MS SIDUMO: When I got there I saw that he had a bullet wound on his head but I could know that there were others on his body but there was one that entered him at the back of his waist which was the fatal one.

MS MAYA: If we could just go past the autopsy maybe mama we can start there. Who did the operation, what it your family doctor or the doctor from the hospital.

MS SIDUMO: There were two doctors, one was from the state and one was appointed by us as a family.

MS MAYA: Do you know who this doctor was?

MS SIDUMO: No I can't remember who he was.

MS MAYA: Now mama, going to the funeral could you please tell us what happened.

MS SIDUMO: After Batandwa died I used to receive letters from Twala Security Police giving me restrictions as to how I should bury my son. They told me I shouldn't bury on weekends, I must bury him during the week and the process must start from 9.00am to 12.00 and nobody must be still busy with the funeral after those times.

MS MAYA: Did it happen according to that?

MS SIDUMO: On the funeral day, on the day of the funeral, yes we started at 9.00am but that was the most painful day for me because when we woke up the area was full of policeman, they were all armed. There were people who wanted to accompany Batandwa especially students who were his friends but the worst part was all those people who wanted to accompany Batandwa, especially those wearing T-shirts they were ill-treated and they were all detained. We went on with the funeral with those who were just left and we went to the cemetery but by half past eleven we already heard bullet shots. We were told that everybody must go home and remember there was another car from Tsomo that car was rushed out everybody told the police told those people that they must just leave. They tried to say no but we are the closest to Batandwa they would not listen to. After a while they were released.

MS MAYA: Now, how was the treatment at home after the funeral. How was the treatment that you received?

MS SIDUMO: We were tortured even before the funeral but after the funeral it wasn't so bad.

MS MAYA: Now after Batandwa's death was there a case that was reported to, or an inquest that was reported?

MS SIDUMO: No, I don't remember anything.

MS MAYA: Didn't you have any Lawyers at the time about the incident?

MS SIDUMO: No, at the time no, I didn't have any lawyers. I only got myself a lawyer later, much later because I realised that I need one.

MS MAYA: But was there anything happening in Court?

MS SIDUMO: No. There was no inquest.

MS MAYA: Now we heard from the radio and we also read in the newspapers about details about people who have details about Batandwa's death. Did you receive any such details about Batandwa's death.

MS SIDUMO: No, I don't remember.

MS MAYA: Mama, is there anything that we didn't ask that you would like to talk about, something related to Batandwa's death?

MS SIDUMO: The most hurtful thing about Batandwa's death is that there is no way you can reconcile within yourself knowing that you had a son and all of a sudden you don't have it any more without reasons.

MS MAYA: What is your wish about Batandwa's death?

MS SIDUMO: My wish is to know who did this because the people who tell me different stories other say it's this one who did this, it's this one who did that, but I want to know who actually did it. Who actually killed him and why.

MS MAYA: Can you remember how old he was?

MS SIDUMO: He was 22 years.

MS MAYA: Thank you mama and now I am going to give my colleagues here a chance to see if there is anything that we have left out. Perhaps there are still some questions.

MS MAYA: Thank you Chairman.

CHAIRPERSON: Now who from these rumours that you are talking about saying that it is this an that, this one and that told you this, who are these people who told you these stories?

MS SIDUMO: They told me it was Mr Mossie, Mr Dandala, Mr Tshabala. I don't know now this lady because I couldn't do the newspapers, there are two prominent people here, the other one is CD, the other one is Shosha.

CHAIRPERSON: Do you know who signed the restriction order?

MS SIDUMO: It was signed by the Station Commander of Twala.

CHAIRPERSON: Do you know his name?

MS SIDUMO: His name was Mr Gigeli.

CHAIRPERSON: Thank you.

MEMBER OF PANEL: Mama, do you know, did you said Batandwa was with a friend during on this day?

MS SIDUMO: Batandwa was with a friend at my sisters place.

CHAIRPERSON: Did you say his name is Tibula Bam?

MS SIDUMO: Tibula Bam was the one who he was with during, when the time the Kombi arrived.

CHAIRPERSON: Is Tibula still here?

MS SIDUMO: Yes. According to my knowledge Tibula is still alive.

CHAIRPERSON: You said there were three policeman who detained Batandwa. One of them was a woman, was there anything that this woman said?

MS SIDUMO: She said "Kill this dog, don't leave this dog still alive".

CHAIRPERSON: Thank you Mama.

MEMBER OF PANEL: Mama, was there any word from the Government at the time about the death of your son?

MS SIDUMO: Yes, there was but it was over the media in the meeting which was held at Idiqua.

MEMBER OF PANEL: Could you tell the Commissioner what was said at the time?

MS SIDUMO: The Government said we have killed the terrorist Batandwa, we have ordered Batandwa to be killed.

MEMBER OF PANEL: Thank you.

MEMBER OF PANEL: You will forgive me I will ask you in English so that we can understand each other very well. You mentioned that your son was expelled from the University and later on we learnt from you that your son was killed. Partly, it's important for the Commissioner to begin to have a clear understanding of the people whose lives were at risk in the past. Can you maybe tell us as to the kinds of things that you know your son to have been involved with which lead to his expulsion and then later on to his detention?

MS SIDUMO: As I have said before as he was a member of the Student Representative Council he became part of the Freedom fighters. He was involved in the political organisations.

MEMBER OF PANEL: Besides his leadership role you mentioned that he was fighting for freedom. Can you tell us about the acts that you refer to when he was fighting for liberation? Were there things that he was doing or he was just ...(intervention)

MS SIDUMO: As a parent, I didn't get to grasp all the details of his involvements because he was never detained or arrested before where I could actually gather that he has been arrested for this or that.

MEMBER OF PANEL: Looks like that, that is all questions I do have. Thank you very much Mama.

CHAIRPERSON: Mama, thank you very much for the report that you have put forward to the Commissioner today. As Reverend Xundu has said when he was welcoming you here, this will never leave our minds. The picture of that day, the day your son fell, the day your son was killed, so painfully, so brutally just like the policeman has said, according to your testament that your son was killed like a dog. I think at the time it was very difficult here in the Transkei, there were very few people that could stand for the truth. Many people here in the Transkei, they were in a position where that they had no hope, but Batandwa, you son became a bright light in the darkness. We are going to try by all means to investigate as the Commission, we will try to contact the people who you have mentioned, the people who have made the statements, especially to try to find out who exactly is responsible for the killing of Batandwa. We will try by all means so that we can get exactly why was Batandwa expelled from the University of the Transkei.

We will also try and find from the authority at the time to try and find out what really happened because the role played by the University trying to look down upon the people, the young people who used to fight for freedom but being excluded for fighting for our freedom not on academic grounds that is something we are going to find out more even the principals are going to get in touch with them and find out why these things happen to the students. We salute you, Mama, as his mother we thank you as well that in your womb a hero like this one can come out.

We assure you as a Commission, that when we write our Commission, the last report that is going to our President we assure you that Batandwa's name will be one of those. In all the details that we will get from the investigations will be included. Thank you very much.

 
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