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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 10 February 1996

Location CRADOCK

Day 1

Names DAVID VELELE MNGONA

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REVD FINCA: Mr David Mngona, we thank you for coming in front of this Commission. We will now give this opportunity to Reverend Xundu to help you take an oath and then Mrs June Crichton will help you with questions.

REVD XUNDU: Can you please stand up sir.

DAVID VELELE MNGONA: (sworn states)

REVD XUNDU: Thank you. He is sworn in.

MS CRICHTON: Mr Mngona, good afternoon. You've come to tell us not only about yourself and the assault that you've experienced, but also about your brother, Peter Rapudi, is that right?

MR MNGONA: Yes, that is correct, Ma'am.

MS CRICHTON: ; I would like to divide the story in half and deal with just your brother first and then after that yourself. Could you start by telling me a little bit about what the situation in the community was at that time when your brother was shot by the police on the 1st of January 1985?

MR MNGONA: At the end of 1984 we were having a celebration as comrades, we were singing and walking through the townships and when we were in the village of Holland, at about eight o'clock, there were six policemen who were standing there.

Amongst these police there was a young man by the name of Vuyani Jonasi. They stopped us and they told us to

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disperse. We did so. He was pointing at us with a gun. We quarrelled with him verbally and he shot at us and we dispersed.

I was forced to go home. My grandmother asked me where my brother was. In the morning I went to the police station. I approached Lieutenant Gerber, I asked him if he knew anything about my brother. He told me to go to the back of the police station, there was something there.

I must open up and check it that was my brother. When I opened this place, I could see that it was my brother. His body was so torn, he was riddled with bullets. I can't tell, there were about seven bullet holes in his body.

I went back home to tell them the news. I was told to go back to the hospital after two hours because he was going there for a post-mortem. I went there and I arrived just after the post-mortem.

I took him with a bakkie to the mortuary. We started planning for the funeral. We buried him. I was working for the GG, General Government in Jansenville. I made preparations, arrangements for the funeral.

After the funeral, the police came to me to ask about the manner in which he was buried. I was arrested under the State of Emergency for three months. The comrades from different places decided that we must enquire about the date of our release.

We were not given the date. We decided that we were not going to allow them to arrest us without telling us the date of the release and we were harassed, we were assaulted.

I fell and I was beaten up with a baton on my left hand eye, I was taken to Livingstone Hospital. I slept there for three months.

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My eye was operated, after that my eye became completely blind. I was undergoing treatment, I went there three times. They used to inject me in my eye, I decided not to go there again. When I went back to work I was told that there is no work for me.

I tried looking for a job in Jansen Village, because my grandmother was looking after us with her pension money. I have been looking all over for a job. Fortunately for me in 1997 on the 2nd of January I got employed by the Municipal Council, that is the end.

MS CRICHTON: Just some questions relating to your brother first of all. The first question about your brother, you say that the shots were fired by Vuyani Jonasi. In my statement in front of me it says that he was a tea boy at the police station, is that correct?

MR MNGONA: Vuyani Jonasi was a tea boy in 1985 at the police station. Vuyani was a tea boy, but he had a gun. Yes, they used to take him with.

MS CRICHTON: Are you of the opinion that the seven bullet wounds are all from that one gun?

MR MNGONA: I am not so sure, I only counted the bullets in his body. You can ask him that.

MS CRICHTON: It is alleged that Smith and Tabata was informed about this incident, that there was no case opened?

MR MNGONA: In February we decided to go to King William's Town to the offices of the ANC. When we arrived there, it was Tabata and Smith and Pillay. We gave them our report, they said that I can wait, even if it is after 10 years, but when I counted, 10 years had elapsed, but nothing had happened.

MS CRICHTON: Did you get a Death Certificate for your

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brother's death?

MR MNGONA: They referred me to the Magistrate and at the Magistrate, they send me back to the police station. I couldn't get it until such time there were Detectives. And I went back to the Magistrate's court and I was referred to the Home Affairs of Uitenhage, then I gave the Detectives the Death Certificate.

MS CRICHTON: I would like to ask you whether you were part of the setting up of the community structures at that time and was that the reason for your arrest?

MR MNGONA: We had a community organisation, that was called Jansenville Youth Congress. I was involved.

MS CRICHTON: Part of the reason for the assault appears to be that you went and other with you, went on a hunger strike protesting against the conditions in that prison. The conditions in that prison continued to be bad for many years after that. Would you describe those conditions to us please.

MR MNGONA: We were enquiring about the date of our release. They told us that we should wait for the Health Authority, Le Grange, and we decided to stay out of the cells. After that they brought the dogs with the police and they forced us into the cells.

I was assaulted just before I could get into the cell.

MS CRICHTON: I can see from your statement you never laid any charges against the prison for the assault and the blindness that you have now got?

MR MNGONA: I didn't lay any charges, because things were bad at the time. Even in the community, the police would come and visit me and see if there was something that I was doing.

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MS CRICHTON: Mr Mngona, you have some requests to the Commission. Could you tell us what they are please?

MR MNGONA: My request to the Commission is that I put two crosses on my brother's grave, but in stead it keep on disappearing. I request that at least if the Commission can help me by erecting a tombstone for my brother, because the graves are disappearing.

MS CRICHTON: You had a second request as well for the community. Would you like to tell us what that is?

MR MNGONA: Even in the community, things should be improved, the schools, the villages, everything in our community so that we can enjoy life just like other people in other areas.

MS CRICHTON: It is your wish that a peace memorial be erected?

MR MNGONA: I would be very happy for that.

MS CRICHTON: Thank you Mr Mngona, I am going to hand you back to the Chairman now.

REVD FINCA: Tiny Maya?

MS MAYA: Thank you Mr Chairperson. Mr Mngona, do you know where Vuyani Jonasi is now? Have you seen him after that?

MR MNGONA: I last saw Vuyani Jonasi while he was working either in Middelburg or Colesberg.

MS MAYA: ; Do you have any knowledge of what he is doing in Middelburg or Colesberg?

MR MNGONA: After that he became a policeman.

MS MAYA: If we can find him, what is it that you would like to see happening to him?

MR MNGONA: I would like him to be removed from any Government structures.

MS MAYA: Thank you Chairperson.

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REVD FINCA: Mr David Mngona, I want you to explain to me or clarify here, when you found the corpse of your brother when Lieutenant Gerber was showing you, you said the body was riddled. How riddled was the body of your brother?

MR MNGONA: His right eye was badly torn. When I removed the clothes, he had a big hole at the back. His private parts - there was another bullet in his private part.

REVD FINCA: When Dr Labuschagne was operating him, what was his opinion?

MR MNGONA: He sent me back to the police station to get his Death Certificate.

REVD FINCA: Did you get it?

MR MNGONA: No, I couldn't get the Death Certificate.

REVD FINCA: Do you think Dr Labuschagne is still alive?

MR MNGONA: I heard that in 1992 he committed suicide in Cape Town, by shooting himself.

REVD FINCA: If I heard you clearly, though you didn't mention in the statement, you said that this case was referred to Smith and Tabata van Heerden from King William's Town where the case actually ended?

MR MNGONA: I didn't hear anything thereafter.

REVD FINCA: What was the outcome?

MR MNGONA: They said even if it is after 10 years, they will still bring more information, they will still investigate this case, but 10 years passed, then I gave up. That was until the Detective came and that is when I managed to get the Death Certificate.

REVD FINCA: Thank you David Mngona. There is a lot of painful things that you went through. What actually happened to your brother Peter, which is clear that it was very painful as you are telling us.

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But that was not the end. That was yourself as we are seeing you today. Your face here, you don't even have to tell us, we can see that you were injured by the very same people.

What is actually touching us here as a Commission, is that when you were being asked about your wishes, things that you should tell the President of our country so that he can be satisfied, in stead of thinking about yourself, you think about the community at large - your community.

After you have been through all these troubles.

 
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