NTONBI BETTY NKOSI (s.s.)
MANZINI ROBERT ZITHA: (s.s.)
MS SOOKA: I will now hand you over to Miss Mkhize who will help you to tell your story.
MS MKHIZE: I will start with you, Mrs Nkosi. I will give you time to tell us your statement and then we will ask you questions, then we will proceed with Mr Zitha. Just tell us briefly about yourself. What kind of a person are you? Who are you, where do you come from? Just before you tell us about your son.
MS MKHIZE: I am Ntonbi Betty Nkosi. On the 13th March 1986, it was in the afternoon after five o'clock just to seven o'clock Tomosani left home. He went to my brother's place. He was going to my brother's place. He used to go to his place every afternoon to watch TV. He left and I knew that he had been to my brother's place but contrary to that he didn't go to my brother's place, he went to his friend's house. And at about seven o'clock we heard a gunshot but we didn't know where the gunshot was taking place. I remained at home until time to go to bed thinking that no they must have heard the gunshots and he will spend the night at my brother's place. The next morning I woke up, I went to work because I was really going to work very early every morning. When I came back from work in the
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afternoon the neighbours said to me your son is not yet back and I went out, I went to Mandla's place, that is his friend, to investigate and I met another woman and she said to me please do not go there you had better go to Zitha's place, that is where people were shot yesterday. This woman left with me. We found two women there and I asked them as to what happened and they indicated to me the clothes that were worn by the boy and they told me that he arrived because he was chased by the police and the police shot him and he fell on the bed in the house. And the police shot the boy belonging to that home. We asked them where are the clothes, they said no we woke up very early and we washed the clothes. We went back to the clinic and when we arrived at the clinic the nurse told us that is a visitor's boy who is in hospital but the other one we didn't know his name but he passed away, he is now at the mortuary. Because it was already sunset we went back home. The next morning we woke up together with my brother and my other sister and we went to the mortuary. Truly we found him at the mortuary and we went to the police. I must say before then we went to the police and they said they did not know his whereabout. They said there are people who were shot at Matsulu but should go and find them there. They didn't know that we have been told already at the clinic that he was at the mortuary. That is where we found him and we went back home to carry on with the arrangements for the funeral. The police were always around at home, especially in the evenings when we held prayers. He was buried and we came back home. One day the soldiers arrived, the house was locked but they broke the doors and they got themselves into the house and they searched. They took some of his
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documents and they left others.
MS MKHIZE: We want to thank you very much about the brief story you have told us. Let me take you back a little while and ask you a question. Now was your son involved in political organisations or was he also a churchgoer like his mother?
MRS NKOSI: He was a churchgoer. I didn't know him belonging to any political party.
MS MKHIZE: The other thing that is appearing in your statement is that after he had been killed in that manner the police didn't stop harassing you. They were always at your house harassing you. Just tell the Commission as to what kind of treatment did you get from the police after the burial of your son.
MRS NKOSI: The police would come and they would park their car at home and they would start harassing us. It was towards the time when we were about to be cleansed in a traditional way and the function, the ceremony, didn't take place in a normal way because the police were there and they spread their tear-gas. People took different directions, others were injured. Because there were many people attending that cleansing ceremony.
MS MKHIZE: Are there may be any people from any organisation who came to help you as you were faced with this trouble?
MRS NKOSI: Yes, but I do not know the name of the organisation they belonged to but there were people helping us at all times.
MS MKHIZE: His death certificate was taken, as you have mentioned, but were you given another chance to have it back so that you can have the record as to what happened?
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MRS NKOSI: No, I didn't get any death certificate afterwards.
MS MKHIZE: You have already said that you want to know exactly who the perpetrators are. Is there any other thing else that you would like the Commission to help you with?
MRS NKOSI: I would request the Commission to find that person. I want to know what my son did, because they were just sitting and shot.
MS MKHIZE: I thank you. I thank you very much.
MS SOOKA: Mama, you mentioned in your statement that the police were patrolling the township during the day. Could you tell us what was happening in the township around that period because why was it necessary for the police to patrol the township.
MRS NKOSI: I do not know because this was the first incident that took place. Because after he had been shot we heard later on that there was going to be unrest in the township. The youth were now stoning cars with stones. We didn't know exactly what was happening.
MS SOOKA: Thank you.
MS MKHIZE: We want to thank you very much. Mr Zitha I want you to briefly tell the Commission as to where did you grow up until the time when you gave us this statement.
MR ZITHA: I am Robert Zitha. I grew up in Matsulu since I was an infant. I started working in 1984. I was working in Barberton Engineering. When I knocked off at work in 1986 I had years employed in that company. It was 84/85 and 1986, three years in all and I used to knock off at half past four and I would catch the bus at five o'clock. We would be with other people from Matsulu. At the station I went off the bus and I took my direction home. It was my
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home, I must say, given to me by my father. I sat at the back door. My house had a front door as well as the back door. I was sitting on the ground with my friend who is called Abraham Sitole Kwendela. We were just talking about issues at work. These big street lights were on. It was dark outside because of the trees around. A boy came - the boy that I didn't know. I am referring to the deceased. He was running. He wanted to get in through the back door. I left my friend there, I said let me go and investigate as to who is this person running into my house. The gunshot was not heard by then but I got into the first bedroom - into the first room - and I went into the second one. I wanted to get into the third one and behind me there was a gunshot and I fell. I lifted my head and I saw this policeman wearing a camouflage, you know with different colours and I took a look at this policeman and I said to him why do you have to shoot me in my house. He said I am sorry we were not looking for you, we were actually chasing that other boy. He was already laying on the ground because he had been shot on the head side. Other policemen got into the house, there were three in number, all wearing camouflage and they were actually accusing this other policeman who shot at me. I didn't know anything but I looked at his badge because their names were written and I saw the badge was written Solly Ghladla. And I asked him why do you shoot me in my house, what have I done. I am just from work now. He was holding his gun looking on the ground and other policemen lifted me and together with the deceased they took us out of the house. The neighbours were flocking to my house, you know they wanted to see exactly what happened and the police spread their tear-gas to disperse the people. I
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was still shouting telling them please take me to the clinic because my leg was paining severely. I said to them please take me to the hospital. Other policemen were faced with the task of dispersing my neighbours. They took the deceased, they put him into the police van. It was a Matsulu van and they drove us. We went straight to the clinic. That is where the sisters at the clinic helped me. I do not remember their names. They put drips on me. I didn't know that the boy was already dead. And it was my first time to see him on that day. And when I regained my consciousness I was at the hospital. I was made to lie on the floor, on the cement floor. Two days went by without any treatment. The company that I was working for was really, the personnel was touched because a white man came and he asked me why were you shot at because on that day you were just from work. And that is when I received attention from the medical doctors. That was Dr Scots who examined me. This leg of mine was really getting bad and I couldn't walk any longer and the doctor said it will be much better to amputate this leg. I said to them is there any other way that you can help me with not to amputate this leg. Dr Scots said there isn't any way, we just have to amputate the leg and it was amputated. The thing that hurts me most I was still young and I was working. And I didn't know anything about politics. I was very young. I was just an ordinary person. I didn't know even to run around the streets. I was about 24 years old then. I am 33 years old because I am growing. I feel very bad when I look at my mother. I was an infant, my mom was cuddling me in her hands, I had to grow up to come and work for her but I cannot. I don't know what happened. I want to thank you
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that today the Commission is here. Since I lost my leg it is my first time to speak out this that has been itching me. Mrs Nkosi as well, it is my first time to see her. The deceased who passed away in my house, I won't even point him, I was just injured you know, you see the people are sitting here, that incident took place as if someone just got into the room and started shooting at the people sitting here. It is my wish therefore to have a house, to have a home. My colleagues that I worked with at the firm are very rich or they are just leading a normal life and this disturbs me a lot because I don't have anything of my own. The firm that I was working for tried to help me. They took me to the lawyers in Pretoria. I wanted to go to the lawyers to give them exactly the name of the policeman who shot me but with the lawyers things were not the way I expected them to be. While I was sitting there in their offices they said come here, take this remuneration, you will see what to do with this money. And I wouldn't believe the little amount that they were giving me. I wanted to eat and I took it. I want the policeman who shot me to come before me, he is still alive, he is alive, he is working and he doesn't care whether I have legs or not. I will end there.
MS MKHIZE: We want to thank you, brother. You were giving us your statement. Now I want you to clarify a few things here. You said at the time you were taken to the hospital after having been shot you were put on a cement without any attention. Do you think it was because you were shot by the police that you were not given attention or was there little equipment at the hospital? Tell us more about that.
MR ZITHA: According to my view I was put on the cement
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floor because the hospital was full to capacity. There were no beds available for any new patients. But you know my worry is that they only gave me treatment after two days. You know if they treated me on the first day of my admittance at the hospital this leg of mine would have never been amputated.
MS MKHIZE: We thank you. The other thing that you said was the police who came into your house to shoot asked for forgiveness after saying that he was not aiming at you. Is there anything that the government can do to maybe help you?
MR ZITHA: Yes. But if we have to talk about compensation I have to see the policeman in front of me, I have to talk to him, he has to ask forgiveness from me and I have to ask forgiveness from him before the people sitting here. He has to tell us that it was a mistake that happened because Mrs Nkosi has already indicated that her son was shot into my house. It really disturbs me. My home was really far. Any family of Zitha had never been shot before. Now the then government cannot really compensate me because I want lots and lots of compensations. My employer helped me a lot because he understood it that way that I was from work, going to my home.
MS MKHIZE: I thank you, I will now take you back to the chairperson.
MS SOOKA: Mr Zitha you mention in the evidence that you have given us that you did receive compensation and that you did have lawyers acting for you. Could you tell us what the name of those lawyers were and what the amount was that you received please.
MR ZITHA: The name of the lawyer is Mr Novis in Pretoria. He is in Church Square building. It has got two doors. In
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the paper they wrote R300 000 for the incident that befell me. A date was also written that we should appear before the court of law but I have never been to the court of law. I was only called by my employer saying come and take this money. The money was R122 000. It was deducted and it was down to R77 000.
MS SOOKA: I just want to confirm. So the amount that you actually got was R70 000.
MR ZITHA: It was R77 000.
MS SOOKA: Thank you.
MR LEWIN: Mr Zitha or Mrs Nkosi as well, I just have a simple question, or it might be a difficult question. What you have told us today confirms what everybody else has been talking, the very peculiar action by the police. Can you now, ten years later looking back, say how you felt at the time at their actions. Were you surprised at the way they acted towards you and in Mrs Nkosi's case your son?
MRS NKOSI: I was shocked and I didn't know what to do then after he had been shot but today I have hope that my story is heard and I will ultimately know the truth as to why they killed my son.
CHAIRPERSON: The things that they are telling us are very terrifying. I don't know what to say really because we started in April to listen to people telling us about the terrible things that befell them. And we though that when this time comes we would be used to listening to terrible stories but that wasn't the case because every day when a person relates his or her story ... (nothing further recorded on tape) ... that this world was going into hell but change came to our land and we have taken another direction, a direction leading to freedom. We want you to
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know that we feel with you. People had authority and they misused the authority they had. They would shoot and shoot people at random and shooting people to them was like killing a fly. What we are doing here we investigate the truth. One of the things, as Hlengiwe had already mentioned, if we say all of us we are ready to work together to ensure that such horrible things do not happen any more in our land. It shouldn't even be tried that there would be police or anybody, irrespective of the crime committed, then we would ask why were they not arrested if they realised that a person was really doing something against the law. They used to take their guns you know just shooting as if it was a film, they were acting like cowboys. We sympathise with you. We are sitting here today and do you know that sometimes the Archbishop's tears run easily. We have listened to your story and this happens every time when we listen to horrifying stories. As I am sitting here you are looking at me and you don't cry and I also hold myself, I want to be strong not to cry but your story really goes down to my heart and you know that it goes to many peoples' hearts as well. We want to thank you that your hearts and your souls were not filled with hatred because you even say that if maybe the perpetrator can come forward to ask for forgiveness you would forgive him and there would be reconciliation. We want to thank God for giving you that kind of spirit. We will try by all means to get the truths and we will come back to you, Mrs Nkosi, and we will tell you that we heard that this is the picture as to what happened on that day. You must have seen on Saturday that the generals, the then commissioners of police, they said they want to come before the Commission to tell us the
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things that happened in the past. Maybe we will get an idea as to how these things all happened and we will come back to you people and tell you exactly what happened but what we are saying now we say to you please (indistinct) a stone. You have already spent ten years but today we are opening the wound again and we want to take the filthiness out of this wound and we want to clean the wound and apply an ointment and say God please help them. We want to thank you.
