<?xml version="1.0" encoding="windows-1252"?>
<hearing xmlns="http://trc.saha.org.za/hearing/xml" schemaLocation="https://sabctrc.saha.org.za/export/hearingxml.xsd">
	<systype>hrvtrans</systype>
	<type>HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS</type>
	<startdate>1996-07-24</startdate>
	<location>QUEENSTOWN</location>
	<day>3</day>
	<names>SISIWE LETICIA PHAKA</names>
	<case>QUEENSTOWN</case>
						<url>https://sabctrc.saha.org.za/hearing.php?id=55851&amp;t=&amp;tab=hearings</url>
	<originalhtml>https://sabctrc.saha.org.za/originals/hrvtrans/qtown/phaka.htm</originalhtml>
		<lines count="78">
		<line number="1">
			<speaker></speaker>
			<text>SISIWE LETICIA PHAKA: (sworn states)</text>
		</line>
		<line number="2">
			<speaker>REVD FINCA</speaker>
			<text>Ms Tiny Maya, over to you.</text>
		</line>
		<line number="3">
			<speaker>MS MAYA</speaker>
			<text>Thank you Chairperson.  I greet you Ms Phaka.  In the story here in front of us, you are going to represent Vuyisile Phaka who was killed in your presence and in the presence of his children in 1986, and he was burnt in the house.</text>
		</line>
		<line number="4">
			<speaker></speaker>
			<text> Could you please explain to us how it really happened and why it happened?</text>
		</line>
		<line number="5">
			<speaker>SL PHAKA</speaker>
			<text>It was on the 24th of April 1986, on a Thursday.  We were at home at 82A Sada, I was with Vuyisile and his two children, Bondiwe and Domboqolo.</text>
		</line>
		<line number="6">
			<speaker></speaker>
			<text> At about seven we saw a group of people who were coming, chanting songs and dancing and talking.</text>
		</line>
		<line number="7">
			<speaker></speaker>
			<text> When they got to the corner of our house, they stood still and they were dancing and chanting.  A short while thereafter they went up the street.</text>
		</line>
		<line number="8">
			<speaker></speaker>
			<text> After a time, we could still hear the singing and this time they were now stoning with - they had taken the stones from a nearby house, because there were some bricks there that were going to be used for building a house.</text>
		</line>
		<line number="9">
			<speaker>MS MAYA</speaker>
			<text>; How old were his children at that time?</text>
		</line>
		<line number="10">
			<speaker>SL PHAKA</speaker>
			<text>Bondiwe was 11 years old and Domboqolo was 9 years old.</text>
		</line>
		<line number="11">
			<speaker>MS MAYA</speaker>
			<text>What happened after the stoning?</text>
		</line>
		<line number="12">
			<speaker></speaker>
			<text>QUEENSTOWN HEARING TRC/EASTERN CAPE</text>
		</line>
		<line number="13">
			<speaker></speaker>
			<text>2 SL PHAKA</text>
		</line>
		<line number="14">
			<speaker>SL PHAKA</speaker>
			<text>So Vuyisile kept there in the house and we were crying and people were trying to ransack the home, singing.  Ultimately one of them, called out asking for the car key.  Vuyisile was in the bedroom and I was moving in and out of the kitchen and the bedroom, looking after the children.</text>
		</line>
		<line number="15">
			<speaker></speaker>
			<text> Then I went to him in the bedroom and I told him that they were demanding for the car key, then he said ... (tape ends) ... had done whatever they had done to take it out of the garage and it was now in front of the kitchen.</text>
		</line>
		<line number="16">
			<speaker></speaker>
			<text> Then we saw the car burning.  The next minute I saw the children walking outside, then I called them in.</text>
		</line>
		<line number="17">
			<speaker></speaker>
			<text> I called them into the house.  Bondiwe said, Mama, they have instructed us to go outside.  So I went to Vuyisile, then I said, Vuyisile, the children are outside.</text>
		</line>
		<line number="18">
			<speaker></speaker>
			<text> Then he said, all right.  Then he said it is all right.  So I went back and I decided to talk to this people who were stoning and chanting to ask them what do they actually want.</text>
		</line>
		<line number="19">
			<speaker></speaker>
			<text> Then they said they wanted Phaka, they were desperate, they wanted Phaka.  And they asked me to go out because the house was burning.</text>
		</line>
		<line number="20">
			<speaker></speaker>
			<text> Then I saw some fire and I went out.  I did not even have the chance to go back to the room, I just went out.  The gate was locked, because we normally lock in the evenings.</text>
		</line>
		<line number="21">
			<speaker></speaker>
			<text> But I managed to squeeze myself out of the yard, and I had forgotten about the children because I was confused.  Then one of them said, here are your children.</text>
		</line>
		<line number="22">
			<speaker></speaker>
			<text> As we were standing with people still chanting, one girl talked to me and asked whether Phaka was my son.  Then I said, yes, it is my only son that I have.</text>
		</line>
		<line number="23">
			<speaker></speaker>
			<text> Then he said he was an informer, therefor I should hand QUEENSTOWN HEARING TRC/EASTERN CAPE</text>
		</line>
		<line number="24">
			<speaker></speaker>
			<text>3 SL PHAKA</text>
		</line>
		<line number="25">
			<speaker></speaker>
			<text>him over to them.  Then I said, all right, I am handing him over to you, even to God.</text>
		</line>
		<line number="26">
			<speaker></speaker>
			<text> Then he said, don&#039;t pray.  Don&#039;t pray old woman, then I said, okay.  Then the house got burnt with Vuyisile inside.</text>
		</line>
		<line number="27">
			<speaker>MS MAYA</speaker>
			<text>As the house was burning, Bondiwe and the younger sister - where were they?  Were they watching?</text>
		</line>
		<line number="28">
			<speaker>SL PHAKA</speaker>
			<text>Yes, they were standing here next to me, watching.</text>
		</line>
		<line number="29">
			<speaker>MS MAYA</speaker>
			<text>Where was their mother at the time?</text>
		</line>
		<line number="30">
			<speaker>SL PHAKA</speaker>
			<text>Their mother is a nurse, was still studying.  Continuing with her studies in Cecilia Makewane and she had left the home in January and I had just come and visited them there in January, then I decided not to leave the children because their father too, was a worker and very busy.</text>
		</line>
		<line number="31">
			<speaker></speaker>
			<text> That is why I was still there in February.  In April I was still looking after the children in the absence of their mother.  Their mother was in Cecilia Makewane.</text>
		</line>
		<line number="32">
			<speaker>MS MAYA</speaker>
			<text>Do you perhaps have any reason why your son was labelled an informer?</text>
		</line>
		<line number="33">
			<speaker>SL PHAKA</speaker>
			<text>There is only one thing that was mentioned by this girl because I know nothing.  She said he was even inflating school fees and yet their parents did not have money.  He had been in service as a teacher for 15 years and 7 years as a principal.</text>
		</line>
		<line number="34">
			<speaker>MS MAYA</speaker>
			<text>So he was still a principal at Luvyo Etsada?  Was he perhaps a member of any of the political organisations or the community organisations?</text>
		</line>
		<line number="35">
			<speaker>SL PHAKA</speaker>
			<text>I think he was a member of the SNIP  organisation.</text>
		</line>
		<line number="36">
			<speaker>MS MAYA</speaker>
			<text>Now could we go back a little.  Was this people who were chanting and you going outside, could you identify</text>
		</line>
		<line number="37">
			<speaker></speaker>
			<text>QUEENSTOWN HEARING TRC/EASTERN CAPE</text>
		</line>
		<line number="38">
			<speaker></speaker>
			<text>4 SL PHAKA</text>
		</line>
		<line number="39">
			<speaker></speaker>
			<text>any of the people who were chanting?</text>
		</line>
		<line number="40">
			<speaker>SL PHAKA</speaker>
			<text>No, because it was at sun set and I was new to the place, so I could not make out the people.</text>
		</line>
		<line number="41">
			<speaker>MS MAYA</speaker>
			<text>Now what about the wife to Vuyisile?  Where is the wife to Vuyisile?</text>
		</line>
		<line number="42">
			<speaker>SL PHAKA</speaker>
			<text>When Vuyisile died, he was building a house in Bisho, so the wife at the moment is in Bisho and the wife is working there.</text>
		</line>
		<line number="43">
			<speaker>MS MAYA</speaker>
			<text>Are the children still attending school?  In what standards are they?</text>
		</line>
		<line number="44">
			<speaker>SL PHAKA</speaker>
			<text>I see them frequently and they are still at school.</text>
		</line>
		<line number="45">
			<speaker>MS MAYA</speaker>
			<text>Is there any other information you would like to tell us?  In fact let me ask you in another way.  What can this Commission do for you?</text>
		</line>
		<line number="46">
			<speaker>SL PHAKA</speaker>
			<text>My wish is that this Commission should take care of my son&#039;s children because my son had high hopes for his children.  Unfortunately I am all by myself, so I was only his dependant.</text>
		</line>
		<line number="47">
			<speaker>MS MAYA</speaker>
			<text>The people who burnt your son, do you know perhaps anything about them?  Were they arrested and perhaps taken to court?</text>
		</line>
		<line number="48">
			<speaker>SL PHAKA</speaker>
			<text>No we did not lay any charge against them.  We did not open any case, but there was an article on the Despatch that indicated that there had been a court case, but this was not opened by us.</text>
		</line>
		<line number="49">
			<speaker>MS MAYA</speaker>
			<text>Thank you Mama.</text>
		</line>
		<line number="50">
			<speaker>REVD FINCA</speaker>
			<text>Revd Xundu, over to you.</text>
		</line>
		<line number="51">
			<speaker>REVD XUNDU</speaker>
			<text>Ms Phaka, I would like to ask the ages of this children at the moment.</text>
		</line>
		<line number="52">
			<speaker>SL PHAKA</speaker>
			<text>Domboqolo was born in 1973, she is now 23 years</text>
		</line>
		<line number="53">
			<speaker></speaker>
			<text>QUEENSTOWN HEARING TRC/EASTERN CAPE</text>
		</line>
		<line number="54">
			<speaker></speaker>
			<text>5 SL PHAKA</text>
		</line>
		<line number="55">
			<speaker></speaker>
			<text>old.  Bondiwe was born in 1974, on the 14th of September.  Themboqolo was born in 1977, in December.</text>
		</line>
		<line number="56">
			<speaker>REVD XUNDU</speaker>
			<text>What standards are they?  The first one, in what standard is he?</text>
		</line>
		<line number="57">
			<speaker>SL PHAKA</speaker>
			<text>They are now in PE Technikon together with Bondiwe, the second one.</text>
		</line>
		<line number="58">
			<speaker>REVD XUNDU</speaker>
			<text>What about the third one, Themboqolo?</text>
		</line>
		<line number="59">
			<speaker>SL PHAKA</speaker>
			<text>Themboqolo attends school in Cape Town, but I don&#039;t know the name of the school.</text>
		</line>
		<line number="60">
			<speaker>REVD XUNDU</speaker>
			<text>And how is their health?</text>
		</line>
		<line number="61">
			<speaker>SL PHAKA</speaker>
			<text>Yes, they are enjoying good health as far as I know.</text>
		</line>
		<line number="62">
			<speaker>REVD XUNDU</speaker>
			<text>Thank you.</text>
		</line>
		<line number="63">
			<speaker>REVD FINCA</speaker>
			<text>Ntsikelelo Sandi, over to you.</text>
		</line>
		<line number="64">
			<speaker>MR SANDI</speaker>
			<text>What is the name of the mother of these children?</text>
		</line>
		<line number="65">
			<speaker>SL PHAKA</speaker>
			<text>The name is Cynthia Nomathemba.</text>
		</line>
		<line number="66">
			<speaker>MR SANDI</speaker>
			<text>Is she here today?</text>
		</line>
		<line number="67">
			<speaker>SL PHAKA</speaker>
			<text>Yes, she is present.</text>
		</line>
		<line number="68">
			<speaker>MR SANDI</speaker>
			<text>Thank you.</text>
		</line>
		<line number="69">
			<speaker>REVD FINCA</speaker>
			<text>Ms Phaka, we thank you for coming forward with your story about Vuyisile, who is your son.  The only son you had who was killed painfully by being burnt because he was labelled an informer.</text>
		</line>
		<line number="70">
			<speaker></speaker>
			<text> This is a very painful story to us as the Commission and I also think it is even worse to you as the family.</text>
		</line>
		<line number="71">
			<speaker></speaker>
			<text> I think this story is an indication that our fight against liberation makes us to fight against the cruelty of apartheid, but it was also a very difficult fight.</text>
		</line>
		<line number="72">
			<speaker></speaker>
			<text> But it is evident that during this fight, there were mistakes that happened, made by some people which led to some things that were a disgrace to this great fight for </text>
		</line>
		<line number="73">
			<speaker></speaker>
			<text>QUEENSTOWN HEARING TRC/EASTERN CAPE</text>
		</line>
		<line number="74">
			<speaker></speaker>
			<text>6</text>
		</line>
		<line number="75">
			<speaker></speaker>
			<text>liberation.</text>
		</line>
		<line number="76">
			<speaker></speaker>
			<text> Because even if whatever happened, killing of the person in this manner, makes us to feel very unhappy and hurt.</text>
		</line>
		<line number="77">
			<speaker></speaker>
			<text> We have listened to your request as the Commission, we are going to see Ms Phaka the junior and investigate what happened actually.  Then if there is anything that the Commissioner could help you with, we shall make a proposal to the President.</text>
		</line>
		<line number="78">
			<speaker></speaker>
			<text> So we thank you for coming forward and we shall therefor ask you to go back to your seat.</text>
		</line>
	</lines>
</hearing>