hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1996-09-23 DUNCAN VILLAGE 1 EUNICE NONTUTHUZELO BEWULA https://sabctrc.saha.org.za/hearing.php?id=55057&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/duncan/bewula.htm REVD FINCA: We are going to call upon Eunice Nontuthuzelo Bewula, Zola Wellington Ndarana. REVD XUNDU I would like to swear them in Mr Chairperson. Eunice, could you rise. What is the name of the first witness. T BEWULA Thembisa Bewula is the first witness. REVD XUNDU Thembisa could you rise. THEMBISA BEWULA (sworn states) REVD XUNDU Could you rise, Zola. ZOLA WELLINGTON NDARANA (sworn states) REVD XUNDU Thank you, I've sworn them in, Your Worship. REVD FINCA I want the record to show that Eunice Nontuthuzelo Bewula was unable to come and her place is taken by Thembisa Bewula and that Ntsikelelo Sandi, when he begins his questioning, he will verify the relationship between Thembisa Bewula and Eunice Nontuthuzelo Bewula who is the defendant in the statement. Over to you Ntsikelelo. MR SANDI Thank you Chairman. Let me greet you first, Ms Bewula. T BEWULA I also greet you. MR SANDI Your full name is Thembisa Bewula? T BEWULA Yes. MR SANDI A statement that we have here was submitted by Nontuthuzelo Bewula, what is the relationship between the DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 2 T BEWULA two of you? T BEWULA She is my mother. MR SANDI Was she unable to come? T BEWULA Yes, because she has gone to Vereeniging and she is not back yet. MR SANDI In this statement we have here, submitted by Nontuthuzelo Bewula, we observe that she was going to give evidence about her son, Thembile Matshaya. Is Thembile Matshaya related to you? T BEWULA Yes, Thembile Matshaya was my brother coming after me. MR SANDI At this point could you explain how Thembile was shot and when was he shot? T BEWULA On the - we last saw him on the 10th of August when we were going to the airport and on the 11th of August we met in (indistinct) where we were going to Mxenge's funeral. And we looked for him and we saw him. After the funeral we got into different transports back home and I slept in Mspunsani. On the 12th of August in the morning about ten o'clock I phoned home and I couldn't get response for about ten minutes. Then I had to phone a neighbour and I was asked to come because my brother had been shot in the leg. So I went there by taxi, but the driver was told that they could not drive into Mspunsani, so we had to use another route into Mspunsani. As we were coming, we could see that there were schools that were being burnt, so we went through Buffalo Flats and we saw some soldiers and policemen and we decided to go back and go round and at Ndende we met teachers from Xhaxhamba and they were with my mother because she was shocked. DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 3 T BEWULA And they told me that they were taking Thembile and my mother to hospital. So I went back home and found a lot of people at home. And we were expecting any news due to what was happening in the location. So I was told that Thembile was in hospital and I asked them what had happened. They told me that he had been shot dead. MR SANDI Amongst the people who were there at the time Thembile was shot, what did they say happened at the time? T BEWULA They said after the burning of the office the crowd went to watch and he was amongst the crowd and at about half past nine, he was the first to be shot and he ran into some other house and he fell there. He was shot three times, here on the external genitals, here next to the heart and at the back as well. MR SANDI Was he shot by soldiers or police? T BEWULA They say there was a helicopter that was hovering and also a casper but no one can tell where the shot came from. MR SANDI At the time you were making funeral arrangements, were there any incidents that were of disturbance? T BEWULA Yes, even the very day he died, it became very difficult for us as a family to reach the place where the body was. And it was difficult for us to get hold of the body. MR SANDI On the day of the funeral, what happened at home? T BEWULA Before the funeral as teachers were coming out from our home, there were police and soldiers standing and they shot someone but they missed him. MR SANDI How old was Thembile at the time? Was he a worker or a student? DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 4 T BEWULA T BEWULA He was 15 years old and a student at the time. MR SANDI Did you perhaps visit any lawyer to get advice? T BEWULA No, we didn't, but we received a letter from them and asking my mother to go to court. MR SANDI What did they say in court? T BEWULA When my parents went there, they said they were through with the proceedings. MR SANDI Were there any people who had laid a charge on this matter or was there inquest on this matter? T BEWULA No, no charge was laid on anyone. MR SANDI Did they explain to you in court, as tell you the outcome of the court case? T BEWULA No, they said they would inform us later, but they were through with the case. MR SANDI Did they call you ultimately? T BEWULA No, they didn't. MR SANDI Is that all you have to say? T BEWULA On the day of the funeral here at Spunzana grounds, just before the procession moved, we saw soldiers at the cemetery and they administered teargas and they threw the teargas into the grave. MR SANDI Is that all you have to say about the incidents of the day? T BEWULA Yes, that's all according to what I know. MR SANDI By your presence here, do you perhaps have any requests? T BEWULA Yes, we have. We want to know the perpetrator and also the reason why my brother was shot. MR SANDI We thank you Ms Bewula. We will now ask Mr Ndarana. Are you Mr Zola Wellington Ndarana? ZW NDARANA Yes. DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 5 ZW NDARANA MR SANDI You came here Mr Ndarana, to talk about what happened to you? ZW NDARANA Yes sir. MR SANDI On the 13th of August 1985. Before we do so, I can see that you are - you are walking with crutches, were you injured on that day? ZW NDARANA Yes sir. MR SANDI Please tell us what happened on that day? ZW NDARANA It was on Tuesday on the 13th of August. MR SANDI Please come nearer to the mike so that we can hear you clearly. ZW NDARANA I think it was about two to three, I was sitting at the 550, Section C and the yard of this house is composed of a fence and I was reading my book. I heard someone passing through and then I heard a White guy coming in my yard and saying "staan op jou kaffir". I was so scared at that time and I dropped the magazine and stood up with my hands up. He said to me why were we sending children to destroy the Government properties. I said I wouldn't do that, my children were still very young and they were in Fort Beaufort. MR SANDI Will you please speak up Mr Ndarana? ZW NDARANA I told the soldier that my children were at Fort Beaufort at that time. He pointed me with a gun at my head. I pleaded with him not to shoot me, he said to me I must stop lying, because if I continued lying he will shoot me in the head. I pleaded with him and I thought he has forgiven me because he pointed the firearm downwards. I heard a shot DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 6 ZW NDARANA and I fell down. MR SANDI Did he shoot you at that time? Did he shoot you at that time? ZW NDARANA Yes, he shot me at that time. I was so tired, I couldn't stand up and I knew at that time that he shot me. I insulted him and then I pleaded with him to shoot me at the head and kill me. He just laughed at me and he went out. He left me there. After that I screamed and shouted so that people can come and help me. Mr Giza came with his van and he took me with his van. While we were in the bridge we saw the soldiers and they told him to go back. We went to Roma and they saw that I am injured and they took me to the hospital, but I'm not sure when did I go there. MR SANDI Did you go to any attorneys? ZW NDARANA Yes, I did. I went to Mr Lala and Mr Lala told me that Malan is not accepting my case. He said that I wasn't shot by the soldiers. I went to Leon Kemp, even there Mr Kemp asked me who shot me and I took my trousers to him, explaining that I was shot by the soldiers. Kemp also told me that he took my trousers, I took my trousers to one man to short my trousers and I was lying that I was shot by the soldiers. So he couldn't take my case, because he said I was lying. Mr Kemp, the lawyer said that he couldn't accept my case. MR SANDI Which company is he in? ZW NDARANA I can't remember clearly. MR SANDI Did you go to any other attorneys? ZW NDARANA Yes, I did and I met Viangewe, one of the comrades and I told him what happened to me. He took me to DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 7 ZW NDARANA Coopers Partnership and Mr Bell accepted my case. MR SANDI What happened with your case with Mr Bell? ZW NDARANA He arranged for me to go to court. Adv Cole from Grahamstown was there. MR SANDI Which court was that one? ZW NDARANA It was a Supreme court here in East London. MR SANDI What was the outcome of the court in your case? ZW NDARANA The Government was found guilty and they had to pay me. The Magistrate said that the Government should pay me R245 000-00. MR SANDI Did you receive that money Mr Ndarana? ZW NDARANA Yes, but Mr Bell told me that my case gave me R240 000-00 and then I told them that it is supposed to be R245 000-00 and he said that I was lying. I had to accept the R240 000-00 and he said to me he will take R10 000-00 from this sum of money. MR SANDI How much did you get? ZW NDARANA From that R240 000-00 he gave me R210 000-00. MR SANDI Would you like us to contact Mr Bell considering this matter? ZW NDARANA Yes, I would like you to do so. MR SANDI Do you have any other requests Mr Ndarana in front of this Commission? ZW NDARANA Firstly what I would like the Commission to do I want the Commission to identify the soldier who shot me, I want to know who shot me. Because in court only the Captain came and I told the court that this was not the man who shot me. They just said the Captain represented the soldiers. Secondly I have children who are still at school. They are with my girlfriends. One of them is in Fort Hare DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 8 ZW NDARANA University, he is a boy. The other one has failed matric last year and he is repeating matric this year and others are just living by themselves. If the Commission would help me with these two children, the one in Fort Hare and the one repeating standard 10, because I cannot support them, I can't give them money to continue their education. MR SANDI Is that all you want to say Mr Ndarana? ZW NDARANA Thirdly, Mr Chairman, I would like the Commission to help me with the artificial leg. I want to have an aluminium artificial leg because the one I have, it doesn't fit me any more. That's why I'm walking with crutches. MR SANDI Thank you Mr Ndarana. I would give this opportunity to the Chairman. Thank you. REVD FINCA Any questions? June Crichton? MS CRICHTON Can you hear me? Can you hear me? Just one question, have you applied for a disability grant? ZW NDARANA Yes, I have. MS CRICHTON And you are receiving it? ZW NDARANA Yes. MS CRICHTON Thank you. REVD FINCA Revd Xundu? REVD XUNDU Mr Chairman I would like to ask one question. You said that you lost R50 000-00. Where were you working? ZW NDARANA I was working Plaskem Rubber Products before I was shot. REVD XUNDU Did you go back to work after you were shot? Were you fired at work? ZW NDARANA No, they called me when I came back from the DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 9 ZW NDARANA hospital but I told them that I couldn't do the work because I was injured. I didn't have money at that time, I only worked there for 6 months. REVD XUNDU Thank you, Mr Chairman. REVD FINCA Mr Ndarana, you say that you talked with the soldier who shot you. Do you know the soldier's name? ZW NDARANA No, I don't. REVD FINCA Was there any parade so that you can identify the soldier? ZW NDARANA No, but what happened is that this special branch lot came to me and the camera men and they brought a soldier but it was not the one who shot me. They just took pictures. Lot came to me. REVD FINCA Was he an Investigating Officer? ZW NDARANA Yes, he was. REVD FINCA While you were in court, the soldier was not there, you only saw the Captain? ZW NDARANA Yes. REVD FINCA Do you know the Captain's name? ZW NDARANA No, I don't remember. I don't remember the Captain's name. REVD FINCA But you say it is the Captain who was in charge? ZW NDARANA Yes, Mr Bell told me that the Captain was in charge at that time. REVD FINCA Mr Bell will have the name of this Captain, is that so? ZW NDARANA Yes, he will have it. REVD FINCA This matter was talked in East London Supreme court, do you know the Judge? DUNCAN VILLAGE HEARING TRC/EASTERN CAPE 10 ZW NDARANA ZW NDARANA No, I don't know the Judge's name, but I can recognize him if I could see him. REVD FINCA We would like to thank both of you Thembisa Bewula and Wellington Ndarana. We would like to thank you for coming here to bring your evidence in front of this Commission. Your evidence Mr Ndarana, it will help us to investigate the identity of the people who were involved in this massacre. I think there are some things we have to follow. Our investigation unit have to follow, the lawyer who was handling your case and we have to identify this Captain so that the Captain can tell us all the soldiers it was leading at that time. Your testimony helped us a great deal, because we can reach the perpetrators. We wasted our time listening to people who are giving testimonies and the Commission last week said that we should go and contact the perpetrators and brought them forward, and your testimony helped us a lot because we could go to the people you mentioned and in that way we will try to find out the truth. Thank you. We would now break for an hour and we will come back at two o'clock.