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TRUTH AND RECONCILIATION COMMISSION
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TRUTH AND RECONCILIATION COMMISSION

DAY 3 - 9 OCTOBER 1996

 

CASE NO:&#9;&#9;&#9;CT/

VICTIM:&#9;&#9;&#9;NOMBULELO KULA

VIOLATION:&#9;&#9;SEVERE ASSAULT BY

POLICE

TESTIMONY BY:&#9;NOMBULELO KULA

 

MS BURTON

[Indistinct] break and I would ask the audience please to remain I your seats or in your places while the witnesses leave the room. Coliwe Japhta. Did she not arrive today? Just before we go on, I would like to request people not to eat in the hall. We want to keep the hall clean and tidy and leave it as we left it, so if you need to eat, please take your food and your packet outside of the hall. Thank you very much. We move then to our next case and we are going to ask a number of people to come to the stage together, because they or members of their family were all caught up in the same events of the July 1985. We know that some of you have family members who have come to support you, but we ask that those family members must for the moment remain sitting where you are and we ask to come to the stage Elizabeth Juda, Petrus Maciki and Julena Sionzana, Mimi Sedanga and Nombulelo Kula. 

Good morning again. Can everybody hear all right with your earphones? I am going to ask you one by one to take the oath.

 

NOMBULELO KULA&#9;&#9;&#9;Duly sworn states

 

MS BURTON

Is the other witness we were expecting Mimi Sedanga not present. Thank you. Ms Kula are you going to speak first. Thank you.

NOMBULELO KULA

Yes.

MS BURTON

Will you tell us then what happened to you yourself that day the 3 July.

NOMBULELO KULA

On the 3 July 1985 it was on Wednesday at about 7 o’clock at night. We were singing around the street from the old church to Epongweni township.

We met Zolile Silonyana who told us that there were police in Mr Malithi’s and Mr Mfemgwana’s house and the police were waiting, armed with they were armed with rifles. We were not scared, because we were not planning to do anything. We were just singing. While we were still singing, 

I came near the Malithi’s house. I stood there and I saw a Casspir coming and I didn’t know what happened after that. I just woke us, I regained consciousness of Friday in Pilenomi hospital. I was called to the office. They told me that I received a phone call from my home. They wanted to know whether I could speak and then I said I can’t speak but I just need a pen to write down how I felt at that time. I wanted to speak, but I couldn’t, because my tongue, I couldn’t say a thing at that time.

I was asked by the police at this time whether I could talk or not. They wanted to take a statement from me. These police were Johnson and Parks. They came in the afternoon. I was shot and I lost my shoes that time. They came with a van. They took me to the police station. They wanted me to write a statement. I don’t even remember now how I wrote that statement.

They used to come about three o’clock in the morning to ask me to write a statement. I was still semi-conscious at that time. I was still receiving treatment from the Pilenomi. I stayed there until Monday and they took me to the court. And I was granted R300.00 bail and the conditions were that I have to go to the police station every day at four o’clock.

The comrades told me to pay that money, but I couldn’t go there, because it was my first time I saw a Casspir and I was so scared to go back there, because I thought that I would be shot again. 

On the 24 August when I went to the court, they detained me for six months and sister Sionzana bailed me with a R100.00 bail and there were no conditions at that time. That continued up until the day of the court case. They charged, sentenced me to seven years in prison. I stayed there for six months. And my attorney said that I have been unfairly sentenced because the years were so many for me. Mr Mfengwana accused me of breaking his TV’s aerial and his windows and his furniture. Their furniture was at the police station at that time.

I was accused by Mr Mfengwana of breaking his house. That is all.

MS BURTON

[Indistinct] of an organisation at the time? [Indistinct] we seem to have lost the sound I think.

NOMBULELO KULA

Yes, I was a member of an organisation.

MS BURTON

[Indistinct] went out to support the protests that were going on at the time. And you say that you could not have damaged Mr Mfengwana’s property, because it was not in the house at the time.

NOMBULELO KULA

I didn’t do this. He was just accusing me. He said that I was only woman who was there. There were only men and I was the only woman with a white belt in my waist. And what I want to know is that why did they shoot Sifugasinzungana if I was the only woman in the crowd. And he accused me that I was ahead of the crowd at that time.

MS BURTON

And what you were convicted of was public violence, because of the alleged damaged property, is that right?

NOMBULELO KULA

Yes, I was accused of public violence, because the Judge said that it, they just said that the Supreme Court in Pretoria found me guilty. And I didn’t do that. I have never been in prison before but it is just that I was a witness before, but not in prison.

MS BURTON

And the fact that you were in prison for that long time. You had one child at the time and so there was nobody there to care for your child. Is that right?

NOMBULELO KULA
No, there was nobody to care for my child.

MS BURTON

What happened to your child.

NOMBULELO KULA

My child couldn’t even go to school. He was in standard three at that time. My child was taken from Middleburg by Ms Mansbogo - but she brought him back and she my child couldn’t even go to school. And my child went to Cape Town up until now. And when I came out of prison I didn’t even have a home.

MS BURTON

And do you know where your child is now?

NOMBULELO KULA

My child is in Cape Town.

MS BURTON

You are unemployed here with nobody to help you.

NOMBULELO KULA

Yes, I am unemployed and I just get casual jobs now and then in the township. 

MS BURTON

[Indistinct] injured and you were then treated in hospital before you were arrested. Have you had further results from that wound or are you completely better.

NOMBULELO KULA

I am not better, because some people told me that I am sometimes mentally disturbed. Because I was also injured in prison.

MS BURTON

How were you injured I prison.

NOMBULELO KULA

My hand was injured then. My left hand.

MS BURTON

Are you receiving any medical treatment now. 

NOMBULELO KULA

No, I am not receiving any medical treatment. 

MS BURTON

Ms Kula I think I will go on to the other witnesses and then perhaps my colleagues might want to ask you more questions afterwards. 

