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Human Rights Violation Hearings

Type TRUTH AND RECONCILIATION COMMISSIONER, HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 02 September 1996

Location NELSPRUIT

Names BAYENI ANNIE SILINDA

Case Number 1323

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MS SOOKA: We would like to welcome you to this hearing of the Commission but before you begin to tell us your story I have to ask you to take the oath.

BAYENI ANNIE SILINDA: (s.s.)

MS SOOKA: Sorry, Mama, can you tell us who the lady is who is sitting with you so that we may welcome her.

MRS SILINDA: It is my daughter.

MS SOOKA: Her name? Thank you, we would like to welcome your daughter who has taken the trouble to accompany you. Thank you.

MR LEWIN: Thank you, Mama. I would again like to welcome you and thank you for coming. You are going to tell us the story of your son, which took place in September 1986 and I would just like to ask before you tell us the story could you explain where it happened. Where were you living at the time.

MRS SILINDA: My child was actually working at White River and from White River he came to Nelspruit municipal offices. From there he went to Sasol. From Sasol he came back and was retrenched and he was told that factory is now leaving for Cape Town. When he came back after the retrenchment he was waiting here at home. He stayed at home for almost two weeks. On the third week he said to us no he cannot remain here at home because he cannot stay here without working. He must go back and fetch his belongings and come back. And

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on Wednesday he went to Sasol. On his way back from Sasol at night, at 12 o'clock he came home. He went into his room and he slept there. While he was sleeping there in the morning at half past six there came a lot of boys and they said we want this boy, we are going for a meeting. We are going for a meeting. And my husband asked what is the meeting for and then they said no, don't ask, let's go. He will get the information there. And then he went out. While they were together with him there and the boy woke up and he said why such a noise here. And they said there is a meeting at Mr Ngwenya's place. I don't know what is the meeting all about. And they said it is a meeting for the comrades. I don't know what is it for. And then he said - and then they said did they take my father to go to the meeting and this boy jumped the fence and he went to the meeting. On his arrival there I don't know what they discussed there. I don't know actually because I was not there, I was at home. They took my boy and other boys. They took my boys, these boys are actually working at Mr Enus' place. They went with them. They came back again and then - and there were now all 12 in number. They went with them. They burnt them and my boy while they took an axe and they actually axed him on the head and he had long hair and this hair actually went inside in the wound so that - and then from there he ran to another home and at that home there were two boys and they looked at him and they said well they recognised him in fact because he once worked with these gentlemen at the municipal offices. And then from there they ran to my home and on the arrival at home they said to me well stand up, Frank has been burnt to death. Then I asked what wrong has he done, they said no we don't

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know. I then left, I went, I just decided to run and I crossed the river and behind the other men called me, they said please come back, where are you going to. I said no I have heard that my son had been burned, they said no, come on we have seen a person running from the other direction burnt, his so black with ashes and thinking that it was my son I went back and I took another direction and I asked him I said what happened to you, who injured you. And he said I do not know. I don't know who the perpetrators of this act are. And he said to me I don't know the people who burnt me. I said to him not even one of you can identify the people who did this to you, and he said I will tell you tomorrow. He said I will tell you when I arrive in the hospital. I said to him please tell me. You said to me you know the perpetrators. He only opened his mouth like a bird and then closed his mouth again and his eyes were now turning their colour and I cried.

MR LEWIN: Take your time, Mama.

MRS SILINDA: At the time when he was in the hospital it was in the morning a boy came to me and the boy belonging to this woman here and he said Frans has passed away. I said to him what are you telling me now. That was in the morning and we stayed at home and at the time we wanted to prepare ourselves to go to the hospital to see him policemen arrived and they said we want you and we left with the policemen and they said sit down here and then we sat the whole day in the reception. They said now go home, we will come back to further tell you what happened. Since that day they never came back and I buried my son until today. These are the terrible things that I saw with my eyes.

MR LEWIN: If we could just ask a few questions. If you

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could tell how old was Frank at the time.

MRS SILINDA: I don't know how old he was, I have his identity document here, I can give it to you. He was born in 1962.

MR LEWIN: He would probably have been about 24 at the time when he died.

MRS SILINDA: I really do not know because I cannot read, sir.

MR LEWIN: Fine. Thank you. Did you recognise anybody in this group of people who came to collect him?

MRS SILINDA: I cannot identify them because I didn't know what was happening on the day and it just slipped my mind to take recognition of them.

MR LEWIN: And afterwards when you were told what had happened to him, you weren't able to find out who had actually killed him.

MRS SILINDA: There is no one actually who told me the truth. Not a single person. There is no one was prepared even to give me the reasons why my child was killed. I only hear by rumour that my son was an informer and this worries me a lot. That is the reason why I am appearing before you. Because in actual fact my son did not live for quite a long time in this place. If perhaps he grew up here or he lived here for a long time I would then think that perhaps he might have been an informer somehow but he was unknown to these people around there and on that very day actually my boy was not even known to the people and I even explained this when police officers were asking a lot of questions. And then I said to them surely, verily I say that my boy actually is not known here in this area. And he only worked - he came from Sasol and then he came back after the

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retrenchment only to find himself dead.

MR LEWIN: Was he ever a member of any political group?

MRS SILINDA: No, he was never a member. Since from the place where we have been in the farms he was never a member of any political party. If perhaps they were saying that - if they have burnt the young ones well perhaps I could say it was better because those were known to the local people but this one, he was not known to the people around there. MR LEWIN: And the police after he had died, did they make any investigations?

MRS SILINDA: No, they didn't.

MR LEWIN: These injuries that you saw, this must be very difficult, but you say he was burnt all over his body. Could you get some idea from that what had happened?

MRS SILINDA: I saw a very big wound which was on top of his head. The whole body actually was burned except the face and the nose. The big wound actually was on top of the head here. It was covered by the hair.

MR LEWIN: From an axe you think.

MRS SILINDA: Yes, I think it was an axe because I see he was actually chopped, was axed from this angle to the other side because you can't use a knife to open such a big wound.

MR LEWIN: And one final question before passing on to the Chairperson. How many people were actually in the group who came to fetch you?

MRS SILINDA: Where did they actually - I want to know when they fetched him after his death.

MR LEWIN: No, no before. At the beginning when they came to collect him at six o'clock in the morning.

MRS SILINDA: There were many boys. There were many boys, all of them had sjamboks with them.

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MR LEWIN: When you say many do you mean there were four or 20?

MRS SILINDA: There were many because they came in a group and the other part of the group went to the other house and this other group came to my house. Actually they went ahead. There were many.

MR LEWIN: Thank you very much, Mama.

MS MKHIZE: Mama, you have told us your story and I just want to ask a very short question. In the past we know that people were oppressed and many things were happening. People were suspecting each other of being spies. Now can I ask you a question. I know you are feeling the pain once more but according to your vision what can the Commission do in this area to help all the children that were faced with such difficult accusations so that there can be peace and reconciliation within the community?

MRS SILINDA: I will be very glad to see the perpetrators with my own eyes so that they can tell me what happened and why did it happen. I think my soul will get rest because I am really battling with my children, I am not working, I don't get any income. They should come closer, they should tell me the reasons for killing him. Maybe my soul can have peace. Because I never knew what really killed my son.

MS MKHIZE: I thank you.

MS SOOKA: Mama, in your statement you mentioned that your family called Jabulani to come to your house where you people asked him what happened. Can you tell us a little bit more about that please.

MRS SILINDA: Jabulani actually came there, he was a police for these comrades and they was coming to collect these people to say they must go to the meeting. On their way

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back from the meeting and I explained this earlier on. I don't know whether perhaps you did not understand me. I say Jabulani came here because I have already said that there were some boys around there. But Jabulani came. They entered the house and they took these two people to the meeting. Now when my boy got up I told him, then he went, he followed them thereafter. After the funeral then we went to Jabulani. Jabulani said I don't know anything. Yes, I was actually the person who was saying that they should all go to the meeting but I don't know anything. I don't know maybe Jabulani can sort of explain to us so that my soul can sort of be at peace. If he can give clarity because I was not there. I asked this boy just tell us exactly one person whom you know or whom you recognised on that day. He said no I only know Jabulani. The others I don't know them.

MS SOOKA: Mama, just one more question. You say that Mr Marakeni Mluli was assaulted with Frank. Can you tell us whether he told you what happened during this incident.

MRS SILINDA: I think that question was asked by the people who were taking the statements. They said to me don't I know of anyone perhaps who was a neighbour or who was also banned together with my son. And then I said to them well I don't know anybody. The only person I know of I only know Markeni who was also burnt together with my son and Frank. The others well I don't know them.

MS SOOKA: Thank you.

CHAIRPERSON: We come from a very tough time. Terrible things took place from both sides. People were claiming to be involved in politics. There were factions on both sides and the actions that were conducted were really horrible. People were burnt to death. Killing in itself is a horrible

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thing but the way it was done in this area and the way your son was killed he was axed on the head, this is really terrible. All people that are gathered here today say we feel the pain that you felt and I have already mentioned earlier on that we sole wish that such things do not happen again in our land. We don't want people to be hurt because we are deeply hurt with the loss of your son and we say we have listened to your request and we will try and make some investigations as to who are the perpetrators and they will have to come and make peace with you. May God help you, may he console you, may he heal your wounds. We want to thank you very much.

 
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