hrvtrans HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS 1996-06-26 PORT ELIZABETH 1 REJOICE MLUNGISI KUNGWAYO https://sabctrc.saha.org.za/hearing.php?id=55317&t=&tab=hearings https://sabctrc.saha.org.za/originals/hrvtrans/hrvpe2/kungwayo.htm DR BORAINE: Chairperson the following witness is Rejoice Mlungisi Kungwayo. Could that person please come forward. Good afternoon Mr Kungwayo, would you please put the earphones on so that we can follow each other. I want to just test that you can hear my voice and can hear the translation. MR KUNGWAYO Yes, I can hear properly. DR BORAINE Fine. Mr Kungwayo, just like the previous witness you've had a very long wait and I hope you are not too tired and that you are ready to tell your story. Your story is similar in a way to the previous story we've heard. It involves the whole question of the UDF-AZAPO but there is an element of even greater tragedy, the sense of awful killing by necklace and you weren't even there. So it must be very hard for you. We want you to tell us the story. Before you do so though, I must ask you to stand to take the oath. REJOICE MLUNGISI KUNGWAYO (sworn states) DR BORAINE Thank you very much. Please be seated. Mr Kungwayo, Calin Xundu is going to lead you and be of assistance to you as you tell your story, thank you. REV XUNDU Thank you Mr Chairperson. Mr Kungwayo, your story is almost similar to the previous one. I'd like you just to highlight and mention the following aspects. PORT ELIZABETH HEARING TRC/EASTERN CAPE 2 RM KUNGWAYO To which organisation did you belong? MR KUNGWAYO I was a member of the UDF. REV XUNDU Were you all members of the UDF or was it only you? MR KUNGWAYO No, it was me who was a member. No my elder brother was also not involved. REV XUNDU Why were you arrested? MR KUNGWAYO I can state that in 1985 I was arrested due to the feud which was among the UDF and AZAPO members. It was during the time when the community members were assisting the UDF so as to protect their families, especially the leaders who were always terrorised by the AZAPO members. REV XUNDU Why were you arrested, was their a charge laid against you? MR KUNGWAYO In the statement intimidation and the possession of dangerous weapons were the charges which were laid against me. REV XUNDU How long were you sentenced for? MR KUNGWAYO I had to serve 18 months, it was in 1985. REV XUNDU When did you learn about your brother's death? MR KUNGWAYO It was in 1985, I was a prisoner at the time. REV XUNDU Did they tell you how your brother was killed? MR KUNGWAYO No, they didn't give me details. It was just a letter which I received from my family. My wife used to write me letters so that is how I got this information. There were other political prisoners who were detained and they also informed me about this. They also stated that he had been burnt and he was necklaced. REV XUNDU Do you think he was just isolated? MR KUNGWAYO Could you please repeat the question? PORT ELIZABETH HEARING TRC/EASTERN CAPE 3 RM KUNGWAYO REV XUNDU Was there a fight during this day or do you think he was singled out? MR KUNGWAYO According to the information it was said he was burnt when he was found in one of the streets. REV XUNDU Were there any inquest held or was there any post-mortem according to the information? Did you get any information about an inquest or a post-mortem? MR KUNGWAYO No, nothing was done. REV XUNDU Do you have a death certificate to the effect that your brother had died? MR KUNGWAYO Yes, I have it because when I came out of the prison I made attempts to obtain the death certificate, I have it with me now. REV XUNDU What would you like the Commission to do for you? MR KUNGWAYO I left my brother in the house and during the time he was not an activist, I was the activist. So I left him with my wife, so what I would like to request is the Commission should please establish the reasons for my brother's murder. REV XUNDU Was he married? MR KUNGWAYO No, he was not married. He just had a girlfriend with whom he co-habitated, they have a child. REV XUNDU In other words does he have a child? MR KUNGWAYO Could you please repeat the question? REV XUNDU Does he have a child or how old is the child and which standard is he? MR KUNGWAYO I think the child is doing Sub B. REV XUNDU Where does she live? MR KUNGWAYO She lives with the grandmother. The grandmother is frail and aged. PORT ELIZABETH HEARING TRC/EASTERN CAPE 4 RM KUNGWAYO REV XUNDU In other words you would like the Commission to assist you with the maintenance of the child? MR KUNGWAYO The problem is that I'm unemployed. Nobody is employed, my wife is not employed either and usually my niece usually visits us because I've never contributed anything, his father is deceased, the child's mother is deceased and the person who is looking after the child, is aged. We would like to get some assistance and also that there should be some enquiries into his death, my brother's death. Thank you. REVD TUTU Order please. Any questions? Dr Ramashala? DR RAMASHALA Is your mother receiving any assistance at all? MR KUNGWAYO No, I don't have parents any more. DR RAMASHALA Grandmother. MR KUNGWAYO Yes, she is staying with the maternal grandmother. DR RAMASHALA You don't know? MR KUNGWAYO No, I don't know. She gets old age pension. DR RAMASHALA Thank you. REVD TUTU Thank you very much Mr Kungwayo for your statement. The Commission will try to find out what happened to your brother, thank you very much.