CHAIRPERSON: Mr Shabangu, I have asked Mr Lewin to lead you through your evidence. However, before he does that he will ask you to take the oath. We would like to welcome you here today.

MR LEWIN: Mr Shabangu, if you could please stand.

EDWARD SHABANGU: (Duly sworn, states).

MR LEWIN: We are grateful to you for coming before the Commission. Your name is not on the list, but your statement has come to us more recently, and we are very pleased to be able to fit you in, in what is a busy schedule. We are grateful to you for staying behind to come and make your statement.

As I understand it, what you are going to be talking about is what happened to your sister. This is during 1989. If you could please in your own time and in your own words tell us what happened. Thank you.

MR E SHABANGU: Thank you, Mr Chairperson and the members of the Commission and the whole at large. I am here to elucidate the issue of my sister's death. She was named Portia Clumele Shabangu, a student of (indistinct) college of education.

In 1989 when the college was opened, it was on the 6th of February. She was amongst some of the students. What I got a little bit later, they attended a meeting in Johannesburg. From there they went to Swaziland. After the NELSPRUIT HEARING TRC/MPUMULANGA

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reopening of the schools, we as the family expected that she would come back home and come and tell us how is the situation at home. It was the usual behaviour that every week she could used to come, at least once or twice in my house. But as I realised she was not coming, we started questioning ourselves, whether she returned to school or she is still somewhere, because we could not see her.

Rumours later said she did return home and she attended a meeting somewhere with her friends. As time passed by, on the 24th of February, her friends came and reported to us that it was written on the Swaziland newspapers that there are those who were killed. Her name appeared on that list. I therefore tried to get that paper, as the friends even visited me to give me the information. She relied on me as far as school funds were concerned. As we were waiting, discussing what is going to happen, we decided that we need to meet with the family, and to get some means and how to investigate whether she was the right person. We met as a family. We discussed and took a resolution that we need to go to Swaziland.

It was on the 7th of March when went as a family to Swaziland. We left here in the morning. When we were in Chappiesdrift, we prepared our passports. As we were standing I was approached by another white man. I can remember that he was in a blue shirt. He greeted me. He questioned whether I was Shanbangu. I questioned him, how do you know me, because I don't know you. He said to me he knows me very well. He questioned where we were going to. I told him that we are heading for Swaziland in Ndabani. He did not question what the problem was. We went there.

When we reached Ndabani, Joe Mkwele, who is deceased,

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said there is a car following is. He said when he accelerates this car is also accelerating. The other person then said we are not surprised, because the fact that the children have been killed, it might be true; why are they tailing us. I suspected the very same person who was questioning you if you are Shabangu, he doesn't know you.

We therefore continued our journey to Swaziland. We did not see the car any more.

We approached the lawyers, who were from Durban. We therefore continued with our journey to Bunya police station. When we were at Bunya they showed us the car. It was a white Opel Kadett which they were using. They car was really destroyed at the back. It was shot by bullets. They therefore said to us they are going to take us to the place of the thing.

We therefore left Bunya. We took the direction opposite to (indistinct). We took the road that lead us to the plantation where there was a hill. That's where they said they got them there. The others were outside. My sister was on the back seat in the car. We tried to reason about this thing, and we concluded that it is maybe possible that the people were tailing them. We therefore returned to Bunya. It is just a distance of five kilometres from the scene.

Another policeman said to us we are afraid to express ourselves about this issue, because the police from South Africa are murderous.

Then we started getting confused as to what meant to us. From there we drove on to Manzini, to the police stationw here we had to attend to some of the documents and procedures, preparing in order to take the corpse back to

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the country.

As time was passing by we could not do everything. We could not even go and see her body. We went on with our journey towards the border gate. When we reached the border gate it was already late, it was already closed.

The police from the Swazi border said they have no problem. They were sympathetic with us, they can open for us that we can pass by, but it will depend on the South Africn police. As we passed the Swazi border and approached the South African police, the South African police said you are going to sleep here until tomorrow. Then we had to return. We had to ask the Swazi police for assistance so that we could back and come back Osho, so that we can reach Kamisane.

The following morning at eight o'clock, we returned to the border. When we reached Mabani there, we went to the government mortuary. When we arrived in the government mortuary they showed the corpse. I could identify that that is really my sister. They were seriously wounded, especially where they were shot. They were there for two days unattended from the scene. They were later attended by the South African Police.

After having approached the colleagues and looked at the corpse, we therefore attended to the documents for permission to take the corpse back to South Africa. It was very, very bad.

When we returned to South Africa we did not experience problems. His friends also assisted me in making funeral arrangements. As we were busy arranging for the funeral, we thought well, the suitable date for her funeral could be on the 19th of March.

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As we were busy arranging for the funeral, on the Thursday, on the 16th, I was on my way home where we were supposed to bury her. I met some soldiers along the way. They asked me where am I going to. I told them well, I am going home.

It was obvious then that they wanted to stop me but they did not know how can they do that. Because I was using a government vehicle car.

Then the other one said have you got a gun with you. I said yes, I have got a gun. He said where is it? Then I opened the cubby-hole, I took out the Bible. I said this is my fire-arm, if I can shoot you with this fire-arm, then you die. Then they laughed.

Then I went home. We arranged whatever we wanted to arrange there. I went back home. Then I met another person who is actually working in the security branch. Unfortunately his name has been mentioned already here. I have already mentioned his name in the report which I submitted to you. I am afraid that maybe if I name him, maybe the same thing that happened to my sister will happen.

Well, I went back to the office. Early in the morning, on my arrival there, we received a letter here, brought by a security officer. He said the funeral should be on Friday and they will send a grader to make the grave, to dig the grave. People actually who are supposed to attend the funeral should be restricted - it was a very small number.

Then we thought no, all those students who were actually preparing to come to the funeral will not be able to attend the funeral. Then some other people came to my rescue. We went back to the attorneys to apply for a court interdict.

Eventually we had to meet Col Van Wyk who was actually

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the head of the security division. Then he said to us he has got nothing to do that people should be restricted for attending a funeral. Then we managed to cross the bridge. We managed, as parents, as relatives and as students, to have a dignified funeral for Portia Shabangu on the 19th at her last place of rest.

Now I don't know exactly, Mr Chairperson, whether I am perhaps confused. The reason why I was asked a question at the border post there by a person that knew me, and yet I don't know the person. The other thing is, the car which followed us after we had crossed the border, maybe I should leave that aside.

Now this police officer said in Swaziland your police officers from your country are the killers, they are killing, we can't say anything. On top of that the reason why we received a message from the security officer that we should not have a funeral on the date identified or set aside by us as relatives, we should only bury her on the date mentioned by them.

Now if you couple that together, does that not come perhaps in your mind, Mr Chairperson, that the people from the security division, from the former regine, they are actually - we suspect them for being responsible for the death of my sister Portia Shabangu.

It is your duty to investigate. I leave it in your hands. But what worries me most, the deceased had a child, a baby girl. She is now almost 13 to 14 years. At that time she was seven years old. Even though we say we are now in the new South Africa, it is a point that this child will never have a mother. I am the uncle, but I won't be in a position to look after her, as her mother could do it. As

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her mother was actually attending school with the aim of getting a profession and getting a job to look after the child, what are we going to do? I thank you.

MR LEWIN: Mr Shabangu, I would like to thank you very much for your very clear and calm telling of that story.

Could I just ask some questions to clarify some of the points to help us.

MR E SHABANGU: With pleasure.

MR LEWIN: Could you tell us a little bit about yourself. What do you do? Well, how old are you? You are considerably older than your sister.

MR E SHABANGU: Yes, sir.

MR LEWIN: Can you tell us what you do?

MR E SHABANGU: I am a school inspector.

MR LEWIN: Thank you. I would just like to go back to the time where she actually left college and you said went to a meeting in Johannesburg and then went straight through to Swaziland. Had she done this before as part of her activities?

MR E SHABANGU: Truthfully speaking, at that time I was not aware of her political affiliations and political organisations. As the elder brother it was difficult that she could discuss some of the issues with me. As time went by I discovered that she was working together with her friends. During that time she left, usually when she came back, she would come via my house before getting to school. MR LEWIN: Was she staying at home at the time, with her mother?

MR E SHABANGU: Please repeat your question, sir.

MR LEWIN: Sorry, when she was at the training college, did she go to the training college from staying at her home with NELSPRUIT HEARING TRC/MPUMULANGA

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her mother?

MR E SHABANGU: No, she has no mother. She used to come via my place before going to the college.

MR LEWIN: You tell very clearly what happened and why you feel the responsibility for her death lies where you say it lies. Could I just ask, in your later testimony, you had originally said of the Swaziland police that they said the police from South Africa are murderers. You then said they said your police are killers or did they say your police are the killers? Because there is a difference.

MR E SHABANGU: They said the South African Police are murderers, we are not tell you what happened.

MR LEWIN: Did they then not themselves make any investigation into this accident which took place in their territory?

MR E SHABANGU: We did not get any information about whether Swaziland did make any investigation into the issue. We did not get any information.

MR LEWIN: And there was no follow-up from the South African side, presumably?

MR E SHABANGU: No, nothing at all.

MR LEWIN: I ask this, because there have been several incidents mentioned, not in this hearing, but in other hearings, about people dying in cross-border raids. I just wondered whether there had been any investigation about this incident.

MR E SHABANGU: Not to my knowledge.

MR LEWIN: The two companions that were driving and also killed with your sister, do you assume they were also ANC cadres?

MR E SHABANGU: Yes, sir.

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MR LEWIN: Do you think that there is any information which you can give us to assist us in trying to find out who was responsible and what the exact circumstances of her death were?

MR E SHABANGU: I said during the time when we were in the border there, there was a white man who came to me, who could say I am Mr Shabangu. I do not know him. Secondly, I said the police from Swaziland said, the police from Swaziland are quick to tell the information about the police from South Africa, because they are murderers. Thirdly, another member who is a member of the security department, gave us a letter with the instruction that we need not conduct the funeral on Saturday but Friday. Those are the arguments or reasons that we can say. You can investigate from there.

MR LEWIN: Thank you very much. Before handing back to the Chair, I would just like to say that you mentioned in passing the possibility of because you might name someone, of putting yourself under threat. I would like to submit that the fact that you have come forward and also the fact that this hearing is taking place here, that we are being as open possible, is an indication, not only that we are holding the hearings, but that we are following up with our own investigative unit, which should issue, I think, a warning to people, that they should not carry out unnecessary threats. Not only the person you mentioned, whose name we do have but others. Thank you very much, Mr Chabangu.

CHAIRPERSON: Mr Shabangu, I am going to ask the other Commissioners if they want to ask you any questions. Mr Malan?

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MR MALAN: Mr Shabangu, the two other bodies that you saw when you identified your sister's body, you didn't recognise at the time. Have you since been informed as to who the individuals were?

MR E SHABANGU: During that time I didn't know, but now I know that the other one, I have just forgotten the name, but the surname is Mohali. The other one I only know the name, he was Thabu.

MR MALAN: They were also South Africans?

MR E SHABANGU: Yes.

MR MALAN: Where were they buried? Do you know anything about their funerals? Did it take place at the same time more or less?

MR E SHABANGU: They were not buried here, but they were from Johannesburg.

MR MALAN: Thank you. From my part I have no further questions. We will follow up, we have some information.

CHAIRPERSON: Thank you.

MS MKHIZE: Mr Shabangu, I want to ask just one question, where you said that your sister was attending at a college of education. Maybe there is something that you got from the people who are responsible for the college, as people responsible for the college.

MR E SHABANGU: Yes, I can give you perhaps the contact numbers and perhaps they can give you more information.

MS MKHIZE: I thank you.

CHAIRPERSON: Mr Shabangu, I would like to thank you for sharing your story with us today. One of the categories of gross human rights violations that the Truth Commission has to investigate is the question of violations that took place in other countries as well. We know that because of the

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activity on the borders of this country, that a number of people, particularly young people, were killed in these cross-border raids. We have as the person who led your evidence, Mr Lewin, has said, we will be looking into this. We are already compiling reports on a number of these cross-border raids. As soon as we are able to give you information, we will do that. We thank you for the way in which you have given your evidence, and also at the kind of courage that has been shown by you through this process. We thank you for coming here today.

MR E SHABANGU: It is a pleasure.

CHAIRPERSON: We have now come to the end of the proceedings for today. However, I want to ...

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