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Human Rights Violation Hearings

Type 1 A N MAKIWANE, HUMAN RIGHTS VIOLATIONS, SUBMISSIONS QUESTIONS AND ANSWERS

Starting Date 20 June 1996

Location UMTATA

Day 3

Names ALBERTINA NOMFANELEKO MAKIWANE

Case Number EC0258/96

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MEMBER OF PANEL: Mr Acting Chairperson, I would like to call upon Mrs Makiwane. Mrs Makiwane, before I can request that you can take an oath I would like to confirm the statement that you have given me. I would like to state that we are prepared to listen to your presentation so that if there are things that you would like us to attend to we should pay attention to those. We are referring mostly to the people who had problems during 1960 to 1993. We know that so many people's human rights were violated and that is why now we are here as a Commission so that we can meet the needs of such people. I hope that we will be able to assist you just as we have promised the others so as to satisfy you and be able to meet your needs as well. I would like you take an oath. Could you please stand up.

ALBERTINA NOMFANELEKO MAKIWANE: (Duly sworn in, states).

MEMBER OF PANEL: Thank you.

CHAIRPERSON: We would like Dr Mgojo to guide you Mrs Makiwane so that you can, your presentation would be facilitated. Over to you Mr Mgojo.

DR MGOJO: Thank you Mr Chairman. Mrs Makiwane, I would like to guide you so that we can finalise this issue as quickly as possible. We would like you to please state when you cannot understand what I am saying because I am Zulu speaking. Thank you. Could you please take us back and

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inform us about the family background.

MRS MAKIWANE: I am Albertina Nomfaneleko Makiwane. My maiden name is Kobela. I was born in the Bawa village at Butterworth at Gashluma. We originally come from Butsolo and the other family members originate from Tsolo. I was married to the Gambo family and our origin is from Tsolo at Ekanglano. My father-in-law bought a site at Nambilana. I am his daughter-in-law. My father-in-law is Thomas Ntsele Makiwane.

DR MGOJO: Is Ntsele your husband?

MRS MAKIWANE: Yes, Ntsele is my husband. I have come to present his case and his younger brother's case.

DR MGOJO: In your statement you state that your husband before he died.

MRS MAKIWANE: No, my husband is not late.

DR MGOJO: Where is your younger husband? Has he died?

MRS MAKIWANE: Yes, he has died.

DR MGOJO: Which organisation did he belong to?

MRS MAKIWANE: He belonged to the African National Congress and then he went in exile. He stayed for years there and his whole family was in exile. He had two daughters, two children, a boy and a girl. They came back during the time when the Transkei was already independent. I do not have details of why did they come back, but they stayed next to the nearby street at my place. They have a house there. I would like to be brief.

There was a certain day, it was in the evening. He was busy painting his house. Sister Nbisotho Salie came to visit him and then he paused with the work that he was doing which is the painting and then when the sister went away he continued with the painting. Whilst he was still busy he

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was just shot. Even when he was still on the ground they continued shooting him. I could count six bullet holes on the walls. The others just got through the door. I think it was on a Tuesday, if I am not mistaken. The previous week we were burying Stodo who was my younger brother.

The following week we received a message that Xola has been shot dead. We were very happy when he came back from exile. The whole family gathered to welcome him. All this happened whilst he was still jubilating. We learnt about his death and my husband then heard about this.

DR MGOJO: Okay, can I just take you back to the fact that you said your husband was an ANC member and also his younger brother was an ANC member. Did he also go to exile and then came back to the Transkei?

MRS MAKIWANE: Yes.

DR MGOJO: In other words ANC was a banned organisation in the Transkei?

MRS MAKIWANE: Yes.

DR MGOJO: In other words he was not supposed to come back to the Transkei?

MRS MAKIWANE: Yes.

DR MGOJO: Now, what did the brother-in-law say to you? Did he state he was still a member?

MRS MAKIWANE: Yes, he said he was still a member of the ANC, but he was communicating with my husband and I gathered from the husband that he was still a member of the ANC.

DR MGOJO: So they came back so that they can overthrow this Government?

MRS MAKIWANE: I tried to get a document so that I can present it before the Commission. My husband is in hospital. I think he is the one who knows where this

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document is. This letter explains about the nine men who were supposed to overthrow the Government at the time. My husband also gave me this information. We asked how could he be the person who is eating at the same table with the K D Matanzima family who were the people who are against the ANC members.

DR MGOJO: So in other words you meant that he could not befriend them because they were enemies?

MRS MAKIWANE: Yes, that is what we meant because we regarded them as enemies because we knew that they were against any ANC member. That is why I was asking how was he welcomed and my husband said he cannot explain either also. He stated that there were nine of them and they were all welcomed by the Matanzimas. My husband and I also are members of the ANC. I am also in the SADTU, which is the South African Democratic Teachers Union. I am in other organisations like South African National Civic Organisation and in other organisations as well.

DR MGOJO: When did you become a member of the ANC?

MRS MAKIWANE: I think it was in Port Elizabeth in 1962. I was still very young at the time. My involvement became very strong when I was in Butterworth when Chief Sabata during their burials, we were there. We were making arrangements and we were busy showing our following to the and our support to the ANC and during the time when Chris Hani was killed we were also busy making preparations. We know that, I can just site an example.

Some of the houses were taken from the people and at the end I was the only one who was fighting against what was happening. I am that Mrs Makiwane who always, who was always publicised for her efforts to fight for the people's

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rights.

DR MGOJO: In other words your brother-in-law died?

MRS MAKIWANE: Pardon me please.

DR MGOJO: After your brother-in-laws death were there any investigations?

MRS MAKIWANE: Yes, it was always said that nobody was yet arrested for the incident. We only received messages that there were still investigations made. I will not say much about what I am going to say now. When my husband received the message that his younger brother died I did not understand him very well because he seemed to be mentally affected. If he was a person who was taking any type of alcohol I would say he was drunk, but because I know him to be a teetotaller I cannot say he was under the influence of any alcohol, but you could see that we can associate his condition with the tidings that he had received. We made arrangements and the elder brother was the only person who was responsible for all the arrangements because my husband was just a parcel. He did not do anything because he was really affected. I took him to Dr Eloff and said he had a shock.

DR MGOJO: What did he do?

MRS MAKIWANE: He was given treatment.

DR MGOJO: What was he doing?

MRS MAKIWANE: He was speaking irrelevantly, he would write and he was incoherent and he had displayed bizarre behaviour. We could see that he was really out of his mind, he was confused. During that time he was a lawyer. For after a long time we took him to the specialists and we thought that he would recover very soon. I paid a lot of money. My medical bill I think is too high presently. I

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went from place to place visiting all these specialists that I could hear about, Queenstown, East London and everywhere. All the time I was under the impression that he would recover very soon and sometimes I would spend a lot of time to one specialist and their prices were exorbitant, but I could see that if I have one visit I would pay more than a R1 000,00.

I was still continuing employing. There were clerks who were receiving some monies and the person would get only a receipt, but what happened is that there was a proof that there was embezzlement of funds, but I could not do anything about this because I was not employed for that because I was just a teacher. We could see that the conditions at the school were deteriorating. He was incoherent, he was writing to law society and they could see that something is not right, not going right. We took him to Cape Town so that he can receive further treatment. Dr Rabinowitz was the one who examined him. He said he would put him under observation. We asked if he can continue to work as a lawyer. Then he said he will take him to Valkenberg Psychiatric Hospital. The psychiatric report that we received stated that he was 100% disabled.

DR MGOJO: We can see that your husband has been going to all specialists. Do you have the names of all these specialist and receipts?

MRS MAKIWANE: I have got medical certificates, I have got proof that he has been attending to these specialists.

DR MGOJO: Do you have the names of these specialists?

MRS MAKIWANE: Yes, I have. I think they know one another because even if I have forgotten some of them I would present the case that I have started to take him to another

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specialist and then they would be knowing one another.

DR MGOJO: I would like you to state that something about the fact that when this ill treatment continued during the Matanzima regime, could you state that what happened to you, was your house also repossessed?

MRS MAKIWANE: Yes, I can state that in 1979 the office belonging to my husband had to be closed down because of his condition. When the office was closed I also lost my job as a teacher because I was informed that I was married, but I realised that most of the married woman were continuing to teach, but I was informed that I have to resign because I am married. I came here to make enquiries about what happened. I wanted to know why I was forcefully allowed to resign.

I met Professor Angisani so that he can arrange a meeting between myself and K D Matanzima. An appointment was made and the date was given to me. I went to Professor Angisani and he took me to Matanzima's place. Mr Mlongeni was the secretary to Matanzima. He confirmed our appointment. Mr Matanzima was informed that we are here, we were here and then he said he would attend to us very late because he was very busy. He also said if what you have come for is urgent please stay and wait and then when I waited for quite a long time he came out after a long time and said I must state what I have come for. Then he ordered the police to assault me. The other thing is that he was saying my husband was accusing him of the death of Xola. Then I had to leave because I did not receive any help from him.

I went to another Minister and they said I cannot get any assistance from them either. The other thing they said the, my husband was the person who was supposed to help me,

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but unfortunately he was against the Transkeian Government. I went to the farms and I was a teacher there and then at the end of 1979, I continued working in 1980 and 1981. I was the founder of that school and then the school progressed as far as standard four.

DR MGOJO: I would like you to come back to this issue. Especially the house which was taken by the Matanzima regime. Whose house was that?

MRS MAKIWANE: It was house number 124, it belonged to my husband. We were informed that we should evacuate the house. In other words we were evicted and then we were supposed to leave. We then stayed in a two roomed office. We were a family of 14 because I was also looking after my sister's children, my nieces and nephews. Okay, we were satisfied because we thought that it would last for a short period as promised, but we continued to stay in that two rooms. There was another house which was a six roomed house. It was vacant, but it was vacant for about six months. We made enquiries whether to, we can get that house and then we were told that no, we cannot get it. We stayed in that two roomed house until General Holomisa took over.

When he took over I went to the Umtata offices the following day. They were not yet settled at the time. He was together with Colonel Craig Duli and explained what happened to my husband as I have presented it to you. So I was taken to the staff of the Local Government. There was a lady who was, who had a hunchback, it was Miss Tukela. It was said that she must see to it that Mr Makiwane should get a house. We stayed in the two roomed house for nine years and we were overcrowded.

DR MGOJO: Who was the owner of the two roomed house.

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MRS MAKIWANE: It was just a store, it was a Municipality store. We were together with my husband and my family. We were surprised if they could treat my husband in this manner, but they said they cannot do anything. General Holomisa is the person who assisted us. It was said that Miss Tukela should not leave Tuwa until we get accommodation. When Miss Tukela came, arrived in the offices I was informed that I should come because Miss Tukela was there. I waited for quite a long time, but I went there. I was given the four roomed house. Then I was successful into getting a house.

I was ordered to leave everything, my furniture and my belongings could not be accommodated in that four roomed house. It was true because I had a lot of belongings. So I left those things in the two roomed house. I tried to request them that they should take my belongings to my place, but the other day, ultimately, they took it and transported it to my place. I went to the office to Mr Kabani because I wanted to get something from my belongings. The information I got is that there was nothing which was taken by the Municipality trucks to your place. I lodged a complaint because I had lost all my belongings. Some of my gates and a fence were still there in the two roomed house at the Municipality offices. When I came the other day the gate was also taken away.

DR MGOJO: When you came back to the house in which you were evicted what happened?

MRS MAKIWANE: I was informed that the house was condemned by the inspectors because it had cracked.

DR MGOJO: Okay, before you can go further, please wait for me. What was the condition of the other houses?

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MRS MAKIWANE: Which houses?

DR MGOJO: The other houses, your neighbours.

MRS MAKIWANE: They were also cracked, but I was informed that I should evict that one. I should evacuate that one because it was a hazard to me. I was the only one who was evicted. All my neighbours, although they had, their houses had cracks also, they were not evicted. After I left the house the same Municipality who said that was a health hazard took another family to my house.

DR MGOJO: That there was a time when you were, your sites, business sites were taken away from you. What happened with those business sites?

MRS MAKIWANE: I had a business site and it is the time when my husband was still a lawyer. When I was paying the site I lost my job as I have already explained. I told Mr Maynard that I would pay the site. Mr Maynard recorded that, but when I came to pay I was informed that the site has been repossessed because it was discovered that my office, my husband's office was closed down and I was unemployed and nobody was going to pay for the site.

DR MGOJO: So was the site repossessed?

MRS MAKIWANE: Yes. I had a car, an Isuzu van, which I bought and that van, when I went to report that I have been employed the car was repossessed also. In other words I was liquidated. I was regarded as the wife to the terrorist and these were the abusive language which were used towards me. At the same time I was arrested. I could not understand why I was arrested, but Mr Sangoni, Themba Sangoni, who was the lawyer at the time assisted me and I was released. I had to pay that money which I was still owing because my car was repossessed, but I had not yet finished paying it.

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When I went to Pretoria to get money or my benefits I was informed that I could not get the money at the time until a permission from the Circuit Officer was obtained. I was given only R800,00 which I used to release myself from jail.

DR MGOJO: What would you wish the Commission should do for you?

MRS MAKIWANE: I have a wish. I have got minor children. They are still attending school. They cannot attend school here at Butterworth because I am still in the four roomed house. Here are the photographs of my children. They are still attending school in Cape Town. I had to take them to the boarding school although I did not know how I was going to maintain them. So I had to take them to the boarding school. I had to pay R3 000,00 per annum, but I have not paid. Even now I have not paid. I will pay instalments, R200,00 a month or R300,00 a month. As I am talking now my husband is in hospital because he is now an invalid. I have to pay those medical bills. I was unable to send the money to school because I have no means of support. I had a child who was attending school at University of Western Cape. He did not get his results because he could not pay the fees. So he is expected to pay. He is doing odd jobs. I think he was the child who could have been supporting me. We really have lost our identity and this affects my children as well.

DR MGOJO: This is pathetic really. Mr Chairperson I think I will have to hand over to you.

CHAIRPERSON: Any questions. Mr Sandi.

MR SANDI: Mrs Makiwane I have only a few questions to

ask you for clarification. I think I will just ask questions about Xola Tennyson Makiwane who is your brother-

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in-law. Did you say he has two children?

MRS MAKIWANE: Yes, a boy and a girl.

MR SANDI: Where are they now?

MRS MAKIWANE: The boy is in Natal and the girl is a lawyer in Cape Town.

MR SANDI: In other words are they independent now?

MRS MAKIWANE: The girl is married, but the boy is not independent. I am not quite certain about what happened to him academically.

MR SANDI: Do they know anything about their father and his death? Do they know that you are here now?

MRS MAKIWANE: Yes, I did visit his daughter. I was in Cape Town. I visited his daughter. When I stated that we should be here with her mother she said she cannot trace her mother. He did not know where exactly where she is because he said she is between Durban, Pretoria and Cape Town because she said this affects her mother severely so she does not like to talk about it very much. So that is why I have come here on, I think I have come here on her behalf also.

MR SANDI: Did you say Mr Xola Tennyson Makiwane when he came back from exile he was harassed by the police?

MRS MAKIWANE: No, I did not hear any stories about harassment. It was before he went into exile. So after he came back there was nothing that we could report and say he was being harassed.

MR SANDI: Was he never persecuted or tortured or anything during the time of the regime of the previous Government?

MRS MAKIWANE: I did not notice anything because they were staying here in Umtata and I was in Butterworth. He did not stay long. He would stay for a short period and then he

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would go abroad.

MR SANDI: When he visit the area did you talk to him ever since he came back from exile?

MRS MAKIWANE: No, I did not talk about what happened to him. Usually he use to communicate with my husband and it is my husband who informed me that they came to overthrow the Government.

MR SANDI: You did not have any opportunity to communicate with him and get details about what happened to him during the period of the previous Government?

MRS MAKIWANE: I can just explain and say there were some conflicts which use to take place between the brother-in-law and the Government, but I do not have much details.

MR SANDI: Do you know anybody with whom he worked together during the time when he was in exile? Do you have any information about the communication amongst them?

MRS MAKIWANE: I could say those who were working underground had good support and they also communicated with him. They were relating very well with each other.

MR SANDI: If I can ask the last question about your husband Mr Thomas Ntsele Makiwane. In your statement you mention the fact that it is believed and suspected that his present condition is due to the death of his younger brother. Is it the doctor who said so?

MRS MAKIWANE: No ... the surname of the nieces and nephews, he said their surname is Tennyson. When I reported this to the teachers they said, okay, we must just leave it as it is.

MR SANDI: Thank you very much.

CHAIRPERSON: Ms Maya, do you have anything to say?

MS MAYA: Thank you very much Mr Ntsebeza. I will have only UMTATA HEARING EASTERN CAPE PROVINCE

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one question. When Mr Makiwane Tennyson when he died what was he doing if he was working?

MRS MAKIWANE: He use to go abroad. I am not quite sure what he was really doing at the time, but I know that he was working for the Government here in Umtata.

MS MAYA: Was he working for the previous Government when he went to exile?

MRS MAKIWANE: Pardon me.

MS MAYA: Was he working for the same Government, the one from which he ran away?

MRS MAKIWANE: No, he came later on. He went before Matanzima's Government was in power and that is why he came back to say they came for subversive actions because they wanted to overthrow the Government.

MS MAYA: Which year did he leave?

MRS MAKIWANE: I cannot remember, but when he came back his boy was 14 years. They were born in Zaire.

MS MAYA: In one of your statements it is stated that during the period when your husband was shown these signs of mental illness he was also arrested. When was he arrested?

MRS MAKIWANE: I think it started during that period when Xola died. He was found in the car when he was arrested there and another period he was found at Dalasile next to Nobo. He was in that prison. We would never know what happened to him and we would learn later on that he was arrested and he was in jail. The other year he got lost and he disappeared and my younger brother was a clerk in his office.

In 1987 they disappeared together with Mfeti. That is why I tried to get records about Mfeti's disappearance. He was fetched by his younger brother from Dalasile and then

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they stated that they have just found him in the prison.

MS MAYA: Did you know why he was persecuted by this?

MRS MAKIWANE: Nobody ever informed us. He himself never explained why he was arrested. He would just believe that it was just a way of harassing him.

MS MAYA: When did this end?

MRS MAKIWANE: When they realised that he was mentally affected they stopped harassing him and during the period when Holomisa was in power he was never arrested again.

MS MAYA: Thank you very much.

CHAIRPERSON: Thank you Mrs Makiwane. I think there is another question from Commissioner Finca.

REV FINCA: Mrs Makiwane there would be a testimony from the African National Congress which will be coming to us as a Commission. I would just like to get clear facts because I would like to get confirmation from you. (Inaudible) by the ANC to come to the Transkei at the time with a clear authorisation from the ANC to, you said they were ordered to overthrow the Transkeian Government. Is that what you are saying?

MRS MAKIWANE: That is what I heard.

CHAIRPERSON: Thank you very much Mrs Makiwane. We will try to pay attention to everything that you have presented before us especially this last issue because we are still surprised and we do not know what happened and how was Tennyson killed. We do not know who was responsible for his death. We do not know whether the Boers were responsible for his death. We do not know whether he was assassinated by other ANC members because the Boers say he was killed by the ANC members because they hated the fact that he came

back to the Transkei. Now you have presented another story. UMTATA HEARING EASTERN CAPE PROVINCE

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Thank you very much.

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