hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1997-06-12 EAST LONDON 4 NOXOLO MJILA EC0375/96ELN MDANTSANE https://sabctrc.saha.org.za/hearing.php?id=55253&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/hrvel2/mjila.htm CHAIRPERSON: Our second witness Noxolo Mjila, please come forward. Your sister, Thembisa Mjila, Thembisa Siwale, can also come forward. Please stand up so that we can take an oath. NOXOLO MJILA: (Duly sworn in, states). CHAIRPERSON: Thank you. THEMBISA SIWALE: (Duly sworn in, states). CHAIRPERSON: Thank you. I will now hand over to Dr Magwaza who will lead you with questions. PROF MAGWAZA: If you could forgive me please. I will speak in English. Thank you very much Noxolo and Thembisa for having come forward today to share your story and your experiences. We welcome you. Noxolo, could you tell us what happened on the 28th of January 1993. MRS MJILA: On the 28th of January 1993 I was with my sister at home, because my husband was working at night on that day. A day before I spent a night alone. This day I asked my sister to come and stay with me, because I was scared at night alone. Three young men came on this particular day. One of them stood on the left side and the other one on the right side and the other one in the middle. It was in Summer in January. It was about eight o' clock at night. We were listening to a story in the radio. When these people entered our yard I went to them asking them whether I can help, I help them. The other one on the left side said that we are looking for your husband. I said do you know him, because I did not know these people. They said that we are looking for your husband. I said do you know the person you want? This man said that he is my friend, I am from NU5. I said he was not there. He asked me where he was. I said he was just around the area. I was very scared of these people. It was clear that they were up to something. I thought that they wanted money or something or they wanted to rape us. I was scared of them, because of the way they dressed. The two of them had, were wearing balaclavas. The other one was wearing a navy jacket. Their hairs were dreadlocked. I said my husband was around the area and it is strange that you say that you are his friend, because I knew all my husband's friends. I wanted to close the door and this man took out a gun and he pointed me with the gun. He then shot me in the shoulder and I felt pain in my arm. We ran to the bedroom and my sister also followed me. They entered the house whilst we were still trying to close the bedroom door. We were crying, calling out for our neighbours. We were asking for forgiveness from them, but they were just shooting the door and he shot me again in the arm as we were trying to close the door. My sister was also shot. Three bullets in the liver, the other one in the thigh. I lost strength, because I was shot. I thought that I was going to die. They then went through the bedroom saying that we had ADM weapons in the house. The other one got into my bed. There was a suitcase on top of the wardrobe. I had a comforter in that suitcase. They were looking for these weapons, but they did not find them in the suitcase. At that house, my house was empty, because my daughter-in-law just moved out. They did not see these weapons. I gave them the keys so that they can search the house. They said to me you are going to tell us where your husband is. They dragged me and I lost consciousness at that time and I regained consciousness outside. PROF MAGWAZA: Thank you very much Noxolo for your quite horrendous experience. Thembisa, is there anything you want to add to what Noxolo has said? MS SIWALE: Yes there is. When we were in the bedroom and they had closed the door they forcefully entered. Perhaps I should start back from the door. I saw someone there, someone I worked with at the company chemical, member of the union. When I saw him I was hopeful, thinking that he would help. However, he had forgotten my face. He could not recognise me. He is the one who got on the bed and looked on top of the cupboard and said here these weapons are, these ADM weapons. He then pulled Lindelwa out. I know that man, I am not doubting, I could point him out. There is nothing more I would like to say. MRS MJILA: There is something I would like to add. After we had come back from the hospital the police said they could not take a statement, because I was in pain. They then came to my house, took a statement. A few days later the Mayor, Lulamile Nazo, came. He was not yet a Mayor then. He was together with Bonakele. He said that this case should not be taken to the police as yet. They are first going to investigate why this man shot us. They then said they would come back and tell us, giving us feedback. We waited for their response, for their feedback they had promised. My father tried to phone Bonakele wanting to know what was going on. We were still in pain. There was nothing we could do about it. Bonakele said we should go to the police. He did not give the reasons as they had promised. We were not connected to ADM at all. Both my husband and I were not members of ADM. We were not members of any organisation. The police handling the case, Mqombothi, when my father went to him he said that these are cadres that he was dealing with. We lost hope. If a policeman was, if a policeman was tentative in helping us then and fearful, there is nothing we could do for ourselves. Our lives have changed. I am fearful. If I am in my home I have to lock the doors all the time. When I walk around I am scared, because I do not know what they wanted. I do not know whether they are still watching me. In my heart I think that they still want to murder me. That is all. PROF MAGWAZA: Okay, thank you very much. I will just ask a few clarifying questions. Can you tell us a bit what this ADM was? MRS MJILA: I do not know what ADM stands for. However, I know that it was an organisation that was present here in Ciskei. PROF MAGWAZA: You are saying that before these people came to your house, you were already scared and you asked your sister to be with you. What was making you so fearful? Were you already suspecting that people would come into your house? MRS MJILA: As I requested my sister to come stay with me, the reason behind that was that I was not use to being on my own. My husband was on night shift that particular night. I would ask anyone to come and spend the night with me. Sometimes my cousin if I was alone, just to talk to. PROF MAGWAZA: Yes, okay. Were you members of any organisation or was your husband a member of any organisation, political organisation? Was he involved in politics? MRS MJILA: No Mam. PROF MAGWAZA: No. Nobody in the family? You, the people who assaulted were ANC members. Is that right? MRS MJILA: Yes. PROF MAGWAZA: How did you identify them? MRS MJILA: My sister recognised the one, a man she had worked with. Then I just put two and two together, because this man worked for COSATU. PROF MAGWAZA: Okay. One last question. What do you expect the Commission to do for you, both of you, and your sister? What are you expecting from the Commission? MRS MJILA: If the Commission could investigate what, exactly what these people wanted from me, because I am not a member of any political organisation. There were three men. I want to know who they are. It is difficult, the Law must prevail, the Law must take over. Thirdly, I am injured as a result of the attack. My arm cannot function well. It is partially paralysed. I cannot work properly. There is a pipe, there was a pipe inserted inside of me. I have a synthetic pipe to help the functioning of my veins to my heart. My life changed after the incident. If, somehow, the Commission could help me. I want to go back to school. I have a child. My husband works at a factory. He cannot financially support the entire family well enough. PROF MAGWAZA: Okay, one more short question for you Thembisa. You sustained six bullet wounds. How is your condition and what did you expect from the Commission? MS SIWALE: I frequently have to go to the hospital. It is the bullet that got my liver that damaged my system the most. I have to go to the hospital most frequently. My intestines get wound up and entangled. Also, my left hand does not function well. I have a weak leg. I also have a child. I am a single parent. My child's father passed away. It is difficult to get a job because of this operation. PROF MAGWAZA: I understand your situation is a difficult one. We will take your request and take it seriously Thembisa. Thank you. CHAIRPERSON: Mrs June Crichton has a few questions before you take off your headphones. MS CRICHTON: Actually just one question for Thembisa. Thembisa, you were quite clear that you identified the one member of that group of three. Now, at the time you were living in NU3. The incident happened in NU3 where your sister lived. You are now, I see, are living at NU2. Do you still see this man that you named in your statement? MS SIWALE: No, that was the last time I saw him, the day of the incident. MS CRICHTON: So as far as you know he is not resident in Mdantsane anymore? MS SIWALE: He stays in Sipoenzani. He was never a Mdantsane resident. MS CRICHTON: Do you know what kind of work he was doing? MS SIWALE: He worked in a factory. MS CRICHTON: Thank you Thembisa. CHAIRPERSON: One question for you Noxolo. Your husband also knew the other man that Thembisa recognised. Let, I am trying to get clarity. How does he know this man? Does he know them? MRS MJILA: He actually said he does not know any of the men. CHAIRPERSON: Was there a court case? MRS MJILA: A policeman recently came saying he is going to investigate the matter. I had gone to the police station. I told them that I had laid charges in 1993, but nothing had been done. However, a certain policeman said he is going to investigate the matter. He tried, but the case was closed. CHAIRPERSON: Thank you. I will hand over to Dr Magwaza to conclude. PROF MAGWAZA: Again, thank you very much for coming forward. This is one situation where you became victims in circumstances where you were not involved at all, but nevertheless I think the cause of your strength, your courage, you came out that experience together. To see you today functioning as you are is a clear sign that whatsoever those people wanted to do to you did not succeed. I always want to emphasise the strength. I know you have suffered a lot. You cannot work well and function as well as you did before, but I want to say to you in my own mind you are still very strong people to have come through that experience and to be sitting like this today. Thank you very much. CHAIRPERSON: Thank you. We will go, proceed with the next witness. 1 N MJILA MDANTSANE HEARING TRC/EASTERN CAPE 6 T SIWALE MDANTSANE HEARING TRC/EASTERN CAPE 7 N MJILA MDANTSANE HEARING TRC/EASTERN CAPE