MR LEWIN: Mr Mabhena we would like to welcome you to the stand. Before you tell your story please take the oath.
MICHAEL MANDLA MABHENA: (sworn states)
MR LEWIN: Thank you. Mr Mabhena you are here today to tell us the story of your brother in fact, is that not so?
MR LEWIN: It relates to an incident in June 1993. Please feel relaxed, I will lead you, we would like you please to tell us what happened on that day in June 1993. Feel relaxed, tell us your story in your in your own time. Thank you.
MR MABHENA: I was asleep at home. It was past 8 o'clock. Time went on until at night. It was about past 3 o'clock in the morning. I then heard the sound of a helicopter. I went outside to investigate and I saw police cars and these were combis, they were green in colour.
At about past 4 o'clock I heard shooting. After the shooting I didn't go out to see as to what they were shooting. I slept at home and my mother wasn't home at the time, I was alone and my brother was out at that night in another section. They were working at that section.
MR LEWIN: Your brother's name?
MR MABHENA: Nxholisi. I went back to sleep. Early in the morning a woman came to our house and she asked where my mother was. I asked her what was the problem. She said there is no problem. I tried to persuade her to tell me but TEMBISA HEARING TRC/GAUTENG
she said there was nothing. Later she told me that my brother has died. After she left I went out following her and I found my brother. It was somewhere in the forest, there was nobody around. I looked at him and he was dead. I tried to turn him to see. I could see that all his bones were broken. Then I went and looked for my mother.
I told my mother and after I told her she couldn't speak. She just fell down. I don't know whether she fainted. I can't continue with my story. I can't.
MR MABHENA: At the night the same day when my brother was killed I saw these cars which came to my place, they were white and they had smeared some chemicals on their faces. MS MKHIZE: We know that when you try to go back and remember everything it's painful. As you explained what has happened to your mother. However, it might help you if you can try to be strong and continue with your story.
MR MABHENA: After I have seen these people I suspected that those were the people who might have killed my brother. They were not alone, they were with some people from another section at Vusimuzi. It was an Inkatha section.
MR LEWIN: Mr Mabhena would it help if I asked you some questions and then you could just answer the questions, would that help?
MR MABHENA: That's correct, I can.
MR LEWIN: If you could perhaps tell us what your brother was involved in, because you mentioned in your statement that he was part of a patrol, if you could tell us about that patrol and what he was doing.
MR MABHENA: They were patrolling because at that time there was a fight between us and the Vusimuzi Hostel
MR LEWIN: Was that at the time that the Xhosa-speaking people had been pushed out of Vusimuzi?
MR LEWIN: And so your brother was patrolling with friends to try and sort out the problems, is that right?
MR MABHENA: Yes Sir. He was involved also as a member of the ANC.
MR LEWIN: Okay. And have you discovered afterwards from what people have told you what actually happened or what you think happened?
MR LEWIN: Happened to your brother when he was shot that night, do you have friends or people who witnessed the shooting?
MR MABHENA: There were people but they were also shot.
MR LEWIN: Were they also killed?
MR MABHENA: No they were not killed.
MR LEWIN: I mean has anyone explained to you why your brother was in the state that you found him?
MR MABHENA: What do you mean Sir?
MR LEWIN: You mentioned that you found his body and that obviously all the bones in his body were broken, has anyone explained that to you?
MR MABHENA: Yes there is someone who explained to me.
MR LEWIN: Can you tell us what that person said?
MR MABHENA: After 5 o'clock there are people who go to work in the mornings. They were patrolling and they were trying to guide these people as to what route to take. And they asked these people where were you going and these people said you do not ask what we are doing, it's none of
your business. They found out that they were asking the killers this time.
MR LEWIN: But were those people identified in any way? Why do you think they were from the hostel?
MR MABHENA: It is because after everything they disappeared into the hostel.
MR LEWIN: They were seen going back into the hostel?
MR LEWIN: And were any reports made to the police? Did the police come and investigate?
MR MABHENA: The police were told on the very same day but they never came back.
MR LEWIN: And what did you do, you mentioned these forests, can you tell us where the forests are and then what did you do with your brother's body?
MR MABHENA: I just turned his body over. This forest is near Vusimuzi, it's at the garage.
MR LEWIN: And what did you do about burying your brother's body?
MR MABHENA: He was the sole breadwinner. My mother was just keeping the mother but he was the one who was supporting us.
MR LEWIN: And then can you tell us what has happened to the family since then, since 1993, how do you survive? How is your mother? How are you?
MR MABHENA: We are just surviving but not so well like before because there is no one working now.
MR LEWIN: What are you doing yourself Mr Mabhena?
MR LEWIN: What are you studying?
MR MABHENA: I am studying at Nxysivele.
MR LEWIN: And none of your other brothers and sisters are able to work and bring in money?
MR MABHENA: My other brothers and sisters are married now.
MR LEWIN: And do they help look after your mother?
MR MABHENA: I would not know that because we are just surviving as we were surviving like before.
MS SEROKE: You say that they shot your brother and you said when you turned him over you realised that all his bones were broken, how were they broken? As you said he was shot, was there any post mortem to show the cause of death?
MR MABHENA: He was shot, after he was shot they broke all his bones.
MS SEROKE: It means they were hacking him.
MR MABHENA: They were not hacking him but they were just breaking his bones like using an object.
MS SEROKE: In your statement you said he was abducted, did they take him from one place to another place?
MR MABHENA: Yes they took him to an open place.
MS SEROKE: These people who witnessed the incident are they still alive?
MR MABHENA: Yes they are still alive.
MS SEROKE: How old is your mother?
MR MABHENA: If I reckon she is 49.
MS SEROKE: You said she is not working?
MR MABHENA: It's not that good, just like myself.
MS MKHIZE: How many people were injured on that day?
MS MKHIZE: Were they also killed?
MS MKHIZE: Are they still alive, how did they survive?
MR MABHENA: I think my brother was in front and they were coming behind him. When they see the people drawing their guns those who were behind ran away.
MS MKHIZE: Did you ever consider going to counsellors or psychologists?
MR MABHENA: I didn't get such help.
MS MKHIZE: I think this might help if you can go and see psychologists since people like you who have undergone such painful experiences they get affected and even their health deteriorates, therefore I will suggest that you see them in time before everything goes wrong. You also said that you saw White men who have blackened their face with black ash, when did you see them? After your brother was shot and you have seen his body or before?
MR MABHENA: No it was before. It was a time when they entered the township.
MS MKHIZE: Those people who were shot were they shot by these White men?
MR MABHENA: I would say they were together the White men and the Black people because there were so many combis and the people were full inside.
MR LEWIN: Mr Mabhena we would like to express our appreciation to you for coming. The story that you tell is a very painful one and we can well understand your reluctance or the pain that it brings and the suffering that you are still experiencing. I think we would like to thank you for coming. It is not an easy thing to do and what you have done this morning is very brave. So we would like to
We will as Commissioner Hlengiwe Mkhize has suggested, we would suggest that you look at the possibility or ask at the clinic the possibility of getting counselling because what you are wrestling with yourself is something that is very difficult, because you have suffered physical pain. Your brother has died, but you are now suffering the psychological pain of that. It is easy for us to say yes, your brother died in the struggle but so many other people died and his life was part of that struggle, it's very easy to say that and to recognise that, but then you the family still stay behind and have to bear the pain and keep alive, keep living. You also have the responsibility for your mother. So we express our solidarity with you, urge you to have strength and to seek assistance. We will investigate the case and come back to you. Thank you very much for coming. That was a big step by you today. Thank you.