hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1997-04-08 GRAHAMSTOWN 2 TOPSY NOVAKELE TEMBANI EC1058/96 https://sabctrc.saha.org.za/hearing.php?id=55151&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/gtown/tembani.htm CHAIRPERSON Topsy Novakele Tembani. TOPSY NOVAKELE TEMBANI (Duly sworn in, states). REV XUNDU Thank you very much. You may be seated. CHAIRPERSON Over to you, June Crichton. MS CRICHTON Good afternoon Mrs Tembani, can you hear me? MRS TEMBANI I can hear you. MS CRICHTON We are going to talk, this afternoon, about Hermans "Pele" Zonwabele and he is your grandchild. Is that correct? MRS TEMBANI That is correct. MS CRICHTON I also have on my programme here two other names, Fetze Nomarwayi and Mzimkulu Mkele. Were you going to speak about them as well? MRS TEMBANI No, but if you, if you, if any questions were put to about them I would have been able to say. MS CRICHTON Mrs Tembani, we do not have any information about them on the statement so we will not be speaking about them then. Thank you. Right, now we can start then. As I said previously, you are grandmother to Hermans "Pele" and you are here to tell us about his death in 1986. He was a member of the Alexandria Youth Congress. What age was at that time? MRS TEMBANI I have forgotten. His documents are at home. MS CRICHTON Was he at school? MRS TEMBANI No, he had stopped school, he was a young man. MS CRICHTON: Can you tell us what happened on that day when he died, in your words? MRS TEMBANI There was shooting in the township area. I was inside the house while the shooting was taking place and it was difficult for me to come out of the house because I was in the house alone. After a while I went to peep out of the window and I saw an ambulance pass the house. By this time all was quiet and I heard the following day when I was told by a young guy by the name of Joey, when I asked him if he had not seen "Pele" the previous day. He told me that "Pele" was on ice and I was shocked. CHAIRPERSON Is it possible for you to speak a bit louder, please, we cannot hear you very well. MRS TEMBANI There was shooting that evening and I was afraid to come out of the house because I was alone at home. After a while I saw an ambulance pass and I sat and waited until the morning, but I waited in vain. The following day a guy by the name of Joey came and I asked him where "Pele" was and he said to me "Pele" is on ice, he was shot dead by these defence force police last night. MS CRICHTON Mrs Tembani, can you tell me who this Joey was? Was he a friend of "Pele's"? MRS TEMBANI Yes, he was a friend. He was "Pele's" uncles son, a cousin. MS CRICHTON Alright, will you continue and tell us what happened at the post mortem. MS CRICHTON They were all walking together and then they parted ways when they encountered the police. These police grabbed Joey and said that he should stay there and they followed "Pele". When they got to the corner they found "Pele" and shot him. MS CRICHTON Did Joey tell you who it was who had shot your grandson? MRS TEMBANI Yes, he did. He said it was Mbuta. MS CRICHTON Is that the only name that he gave to you? MRS TEMBANI No, it was Mbutana. I wrote all these names down, but, because I was worried that I would forget them. MS CRICHTON: Alright, take your time. We will wait for you. Mrs Tembani, may I read these names out that you have written down? MRS TEMBANI Yes, you may go ahead. MS CRICHTON You have written here Mbutana Thembikos, Mzwandile Mthathi, Melekile Ncipa and ... MRS TEMBANI It is Ncipa. MS CRICHTON Ncipa? MRS TEMBANI Yes, it is Ncipa. MS CRICHTON Thank you. You are saying then that there was no court case? MRS TEMBANI There was a court case, but nothing came of it. MS CRICHTON Did you have an attorney? MRS TEMBANI No, there was no legal representative. I do not think there was one. No, there was not one. MS CRICHTON Was there any problem at the funeral? MRS TEMBANI We buried them ourselves. There was no problem, we buried them. MS CRICHTON Mrs Tembani, you have been caring for or had been caring for this young man. Where were his parents? MRS TEMBANI They were there, but they were unemployed. They are no longer there. He has no father, his mother cared for him. MS CRICHTON And his mother, where is she now? MRS TEMBANI She has since gone to look for work. She does not work there. MS CRICHTON Mrs Tembani, the last question for you now. You have come to the Commission, you have made the statement to the Commission, what were you expecting the Commission to do for you? MRS TEMBANI This Commission can help me in various ways, because he use to help me in lots of ways. The two of us lived there together, there were two small children. So the Commission can help me, because even my yard needs attention. MS CRICHTON Mrs Tembani, is there anything other than that that you wish to say to us? MRS TEMBANI I need help, that I be helped in some way. MS CRICHTON Are you not well, Mrs Tembani? MRS TEMBANI I have chest ailments. I suffer respiratory problems from time to time. MS CRICHTON Is your testimony, therefore, complete now? MRS TEMBANI Yes. MS CRICHTON Thank you Mrs Tembani. I will hand you back to the Chairperson now. CHAIRPERSON Mrs Tembani, in your statement you say you do not think that after he, this child died there was an inquest held. Was there one held or not? Was anyone charged with the death of this child or not? MRS TEMBANI No. CHAIRPERSON Did you receive any compensation for his death? MRS TEMBANI No, we did not receive anything. CHAIRPERSON Secondly, while you were giving your testimony before this Commission, even though you did not mention it in your statement, you say that you did not have a legal representative. MRS TEMBANI No. CHAIRPERSON Why did you not have a legal representative? MRS TEMBANI I was very confused because when I enquired about this I did not understand what was happening. CHAIRPERSON The organisation of which this child was a member, did it not advise you as to what you could do, what your rights were since this child was killed in this fashion? MRS TEMBANI No, I did not go. CHAIRPERSON Didn't anything happen? MRS TEMBANI No. CHAIRPERSON Are you the head of the home? MRS TEMBANI Yes. CHAIRPERSON Is your husband still alive? MRS TEMBANI No, he is deceased. It was just this child and I and I am responsible for the home now. CHAIRPERSON Thank you very much, Mama, this is a very moving story and we have the deepest sympathy for you, because a lot of people your age do not understand the finer details of these processes as, and do not understand why your children had to die like animals and nothing was done to the perpetrators. We trust that we, as a Commission, because we are here because of that, will try, by all means, to follow up on this matter and if there is anything which we can do, we will endeavour to do it and if we cannot, we will have tried. We know that elderly people, like yourself, will not know the intricacies of these problems, of these processes especially since you are the head of the house, you no longer have a husband. We extend our deepest sympathy towards you. Thank you very much.