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CHAIRPERSON: We are going to call Beauty Lulama Mbixana. We are going to hand you over to Dr Ramashala who is going to lead you.

BEAUTY LULAMA MBIXANA: (sworn states)

DR RAMASHALA: We greet you Ms Mbixana. How are you?

MS MBIXANA: I am fine thank you.

DR RAMASHALA: The story you are about to present to us is about your brother who was 14 years old, who disappeared in November 1986.

MS MBIXANA: Yes, it is like that.

DR RAMASHALA: Now, you heard only on the 15 July 1996 that your brother died 2 months previously. When did you see him?

MS MBIXANA: That was in September.

DR RAMASHALA: Now let's take you back a little bit and then you can tell us your story and explain as to what actually happened and you can take your time in doing so.

MS MBIXANA: In 1986, in September, there was a funeral in Avenue A in New Brighton in Port Elizabeth. We used to see him joining the toyi toyi, but on this particular day, we were not aware that he was there. Then I noticed that he was not present, then we said that if he was there, he would of been very proud that he was one of the people making a toyi toyi, but I was unhappy that it was quite some time that we

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couldn't see him, so I decided to go to Motherwell and I asked why it was dark in the house. Then in fact there was another sister of mine, who invited me to get into the house so I went in, and I asked why, then he said that Mpimpi died. Then I was shocked. Then he said to me don't talk aloud because you will be killed then I said no, I don't care for that. I asked who the people were, who had done this because I want to see the body. Then he tried to stop me, but I forced my way.

I went away, and on my way I met a young boy and I asked about the base around here. Then this boy referred me to a house of a member of the street committee.

DR RAMASHALA: What is the base?

MS MBIXANA: That is the base for the comrades. Then in this house, that belonged to this lady, I asked about Mpimpi, and he said, oh, please whisper, don't talk loudly about it because it is long that Mpimpi died. Then I said, then how can I get his body, and I asked who the murderers were. Then he said that he was killed by Msindise and Sam, and another one. Then I said that he must show me where these people lived so that I can demand his body. Then he discouraged me, stating that I could be killed, but I forced my way.

And on my way, I met one other boy who made some signs and these children were very violent at that time, so I went there and I pleaded with him, and asked where Mpimpi's body was, then he said please wait and he asked someone else to come and said, this lady is looking for Mpimpi, so we must give her some bus fare, and they asked me to bring a coffin, together with spades, so I did exactly that.

I went to those children in this car, and it was quite

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late in the day and then I said here is a car, I have brought it to you. Then I asked them to direct me to the body. Then they said, wait. Then a friend of Mpimpi came out from a crowd and called me aside and said that I shouldn't go with these people, then he asked us to turn back. Then all of a sudden, there were caspers, there were helicopters and they urged us that we should turn back because they thought we were clever, so we decided to speed back to Port Elizabeth.

I thought perhaps that his body had been picked up by someone, or perhaps by the ambulance people, so we went to the mortuary, but we couldn't find his body. Then we even went to the Uitenhage mortuary and on our way to Port Elizabeth, we saw a child that had been burnt, and I thought it was him, but I was making a mistake.

Then there was a prayer meeting. There were prayers for the whole week. Then on the first day, the policemen fetched me and they found out from me what was happening at home, and I told them that we had lost a brother and they asked why the people of the Church were jumping, then I confirmed that these people were from the church, and they felt dissatisfied and they said that one day I would tell the truth.

Then, just before the funeral, they again decided to go back and did not find that corpse that we had seen and then we stopped conducting prayers and then the White men were after me. Even for about three times, they would come and collect me and assault me and then I decided to escape to the Transkei.

DR RAMASHALA: Your sister, Nomaladi, is she the one who kept this news to herself for three months, because she had

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difficulty to say these things to you and she could not even get to town?

MS MBIXANA: Yes, she could not get to town because they were on guard, that she should not get to New Brighton.

DR RAMASHALA: Who was Ernest Malgas, here you mentioned that you went to Ernest Malgas to inquire about your brothers whereabouts?

MS MBIXANA: This was another lady who used to pray for the people.

DR RAMASHALA: And even now, you don't know the whereabouts of your brother?

MS MBIXANA: Yes, because our mother was affected.

DR RAMASHALA: Sam and Msindise, where are they?

MS MBIXANA: They live in Motherwell.

DR RAMASHALA: What are they doing?

MS MBIXANA: Sam escaped, but Msindise and the others who did this are still there.

DR RAMASHALA: Can we get their addresses?

MS MBIXANA: Yes, I can get their addresses and bring them to you, but they are not far from my sister's place. All we need is the body, so that when my mother dies, at least she should be satisfied about her son.

DR RAMASHALA: Now, what happened to your brother, how did he die?

MS MBIXANA: They say that he was shot and they buried him.

DR RAMASHALA: But here in your statement you say that he died by being necklaced, he was burnt.

MS MBIXANA: People say various things, some say they burnt him, some say that they buried him, each one has got his own version of the story.

DR RAMASHALA: Now, I can see that this is really hurting

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you and it really touched you deeply.

MS MBIXANA: Yes it does, because even my husband disappeared just at that time.

DR RAMASHALA: What do you mean, you mean he disappeared, or he died?

MS MBIXANA: No, he disappeared. Just exactly at that time of this incident.

DR RAMASHALA: How is your health?

MS MBIXANA: No, I am alright, I am quite well.

DR RAMASHALA: Then, what is the request you would like to give to this Commission?

MS MBIXANA: I would like this Commission to look for this child, because the people who did this to this child are still alive and I feel that these people were in collaboration with White people, they were doing evil things to the people.

DR RAMASHALA: Is there any other thing that you would like to add?

MS MBIXANA: Yes, then my 3 year old once more was killed. I did include this in my statement.

DR RAMASHALA: How did this child die?

MS MBIXANA: No, he did not die, he was shot on the thigh and he was admitted in hospital and there for there months.

DR RAMASHALA: Is he still alive?

MS MBIXANA: Yes, he is still alive.

DR RAMASHALA: Is there any other wish that you have?

MS MBIXANA: Yes, I have. There was a case opened about this child, I even took the cartridges and took them to some lawyers in North End and they attended to this case for a very long time and I would go there, but one other day I decided to go there and Vanessa said to me, they had said

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that the docket had disappeared. I went to the police station to find out if it was possible that a docket can disappear, then they denied, and they said that the lawyers did not tell me the truth of what happened to the docket.

DR RAMASHALA: Can you remember the name of the lawyer?

MS MBIXANA: Yes, it was Vanessa.

DR RAMASHALA: As said earlier on, I must say that it is very tough that we should remind you of these very painful injuries, but we as the Commission, we are going to try and investigate and get exactly what happened so we thank you.

CHAIRPERSON: We thank you Mr Mbixana for sharing your story with us, which is quite painful. We are going to do as you have asked and try our best to meet your requests and even the docket that is missing, that is with the lawyers, we are going to investigate as to how this has happened. Then you can go back to your seat. Thank you.

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