&#9;TRUTH AND RECONCILIATION COMMISSION 

&#9;UWC HEARING - DAY 2 - TUESDAY 6 AUGUST 1996

 

CASE NO:&#9;&#9;&#9;&#9;CT/00407

VICTIMS:&#9;&#9;&#9;&#9;TSHUKU FAMILY

NATURE OF VIOLENCE:&#9;&#9;FAMILY MEMBERS SHOT AND KILLED

TESTIMONY FROM:&#9;&#9;THEMBISILE TEMPLETON BAM [nephew]

 

THEMBISILE TEMPLETON BAM&#9;&#9;Duly sworn states

COMMISSIONER: Thank you very much you may be seated.Commissioner Mary Burton will facilitate your evidence and I hand over to her.

MS BURTON: Thank you, good morning Mr Bam how are you? --- Good morning I am fine thank you and how are you?

&#9;I am well thank you, thank you for coming this morning.You are going to tell us about things that happened to your uncle Solomon Tshuku who was the ANC chairperson at Site C during 1991 and who is now deceased.So you've come to tell about what has happened to his family in 1991, was it - yes.So please go ahead and tell us what happened on that day in August '91. --- In 1991 in August it was very late at night.Just before - that was before midnight, just when it was about the early morning of the 15th of August, there was an attack of my uncle Solomon Tshuku.What actually happened was firstly that the attackers first locked the neighbouring houses making use of the wires and this made it appear that they had intention that whatever they were to do, was not to be disturbed by anyone who would be coming out of this houses.So that they could whatever they were going to do successfully.So they attacked after locking up all the houses in the neighbourhood and they then put some of them so that there should be some people taking guard.So they continued with what they were doing, firstly if you could see what they actually did during that incident, I would say the people who did all this are the people who had full knowledge of that house.For the following reasons, the corpses were found in some places and this is an indication that these people came into - into the house through the side where my uncle's bedroom was.They must of gone into the house through the window and the house - and the door was locked.And perhaps they could not have managed to open the door and then perhaps they may have decided to lock the door, making use of wires.My aunt's body was found in the third room, he must of come from her room and moved on to another room that was occupied by the male children.The bodies that were discovered were that of my aunt and that of her three year old child whose name was Nomanqulo and the body of a young boy named Lundi, they were inside.Only one boy who had come from initiation was still alive, but he was shot too.Another girl tried to save herself by jumping over out of the window, which was at the back.As she was jumping out of the window, she then bumped against someone who must have been taking guard of people in that house at the back so that they should - people there should not be coming out.And then this particular person shot at this[indistinct] and that's how she died instantly.Later a sister to that one who was seven years old, also jumped through the window, but fortunately she was not shot.One of the men sympathized with her, if that could be the case, and then we got it from this child that he intervened and stopped them and said she was young, surely she did not have any information, so that's how she survived.

&#9;Sorry can I interrupt you a moment, sorry so they were five people killed in the house? --- At the moment there were four corpses, the fifth had not died but he died on the way to hospital.

&#9;I see, thank you. --- After this attack, they decided to set the house alight to and extend that even those bodies - those corpses as the house was burning were left there inside the house.They leave us - got an opportunity to come out and try and extinguish the flame, the fire and the attackers ran away.And fortunately the bodies were not burnt, because the neighbours managed to extinguish the fire and then they took the bodies out of the house.It was later discovered because I was at work that there was an attempt to call for an ambulance that could come to help the one who was still surviving, but there was a problem that the very same problem - the ambulance as it was driving towards my uncle's home, just next to the Caltex Garage, just at Landsdowne Road, the ambulance could not move on because it was stoned by the people and it's unknown whether these were the very attackers or not.On that day, I think the people - the total number of the people who were killed in Site C was eight.Then I was from work when someone came to fetch me from home and I got there to my uncle's house to find all the bodies lying there and Mncedisi theone who was still living had been taken away already, because the ambulance managed to take him away.There was a problem caused by this incident, because my uncle was at work and when he came back from work and he saw all the mess of the corpses lying over he nearly committed suicide.He nearly hurt himself with a weapon that he use to use at work was - he was working there a guard and this - that lead to it that he should be under guard all the time so that he should not commit suicide, to an extend that even at work, he had to be under strict guard and the members of the organization use to go and watch him and try and keep him company so that he should not think deeply about this horrible incident.Later we got information that Mncedisi, that is the survivor had died, so in all they - dead people - the death toll went up to five of the same family members.Later the bodies were taken to the Government mortuary and we were forced to remove them from the Government mortuary, but before that we went to - to the offices of the lawyers, especially the office of[indistinct] that is where we were, we talked to the lawyer by the name of[indistinct] something like that.So he is the one who gave us a letter that we took with us to the Government mortuary.I was the one who was making sure that - who was trying to identify the bodies.I did not look at the wounds that had caused the death, but what I noticed was the bodies were burnt.I managed to look property at the body of the youngest of the children.When I looked at her body, I noticed that she had been shot on the neck and she was three years old, and I don't know whether I could say that it is because of the attachment that I had because I decided to observe her body.We then decided to control everything and we had to bury them on the 1st of September and their funeral is conducted in Namakwe in Transkei.So my uncle remained there in Transkei for while and we came back to Cape Town, my uncle kept there for the rest of 1991.But because of - of the fact that, that place is rural, we do not - we do not have facilities like heaters, electricity, we go and collect wood and so as to make fire for whenever want to cook.There are no taps which are next to the houses, we have got to go and fetch water from quite a distance and people have got to walk long distances to go and fetch water.So he could - he could not survive under those circumstances because he did not have a wife and he was left with this child that he had to love and, and try and protect her so that he should not think about the other's the mother and all those who had died and he had to wash for him and also cook for him.And so because he was a man and quite elderly person, so it was not easy for him.So he decided to come back to Cape Town.Before he came to Cape Town, just at the time he was there in Namakwa, I - a policeman came to me and he wanted to find out whether my uncle had not come back from home yet.And his aim was to try and investigate from him to know - to find out whether he did not have any knowledge about the attackers.So I told him that I didn't know when he would be coming back from home, and that was the time they had not yet found the attackers.There is one other part I would like to add one, that when I went to the Government mortuary to identify the bodies, a certain member from there I had identified the bodies already and have signed all the documents I needed to sign, then a certain man named Mr Farmer came to ask me that I should sign some other papers, because those I had signed previously had been lost.He also wanted to find out whether we had not found these people who had done the incident, so I told him no, there was no evidence whatsoever.So he left me with his telephone number and he said to him if I had any knowledge I should contact him, this is what I left out in my statement.Then after some time, after that policeman had come to me, he left his address with me, that was an address of the police station together with his telephone number, though nothing bothered me there after and my uncle was still there at home in the rural place.But before he came, I just can't tell what month it was.

&#9;Don't worry too much, are you just going to find your notes, all right. --- Then I received a letter from the Government that was before my uncle came back from home, it was in October month in 1992 and in this letter there was information that there would be a Court case on the 3rd of September in connection with the death of Mncedisi.But there was also a phrase that it was not necessary that I should be present there in Court.But I did go to Wynberg, but unfortunately because I could not locate the Court, the Wynberg Court at that time, I got lost to an extend that I could not meet the writer of the letter.But after that since I had already taken this matter to the lawyers, because as soon as I got this letter, I informed the executive of the ANC which advised me that I should take the letter to the lawyers.That is where I met Mr Moosa who in turn handed me over to Mr Goitje.There after they informed that the case has been transferred to Mitchell's Plain and that was the time when I would get some invitation to - to Mitchell's Plain, but there never was any case, they would say the case has been postponed, then up to date there has never been anything.

&#9;Mr Bam we can tell you our investigators have followed that up and there was an inquest into the deaths of your family members, but it was found that no-one - that somebody had been responsible, but they could not find out who had been responsible.I know that you have some ideas on who could have been responsible, although there is no proof so if you would like to tell us what your feelings about that might be, please do. --- I don't know whether - you are leading me with the aim that I should not tell you how my uncle died and how he died.

&#9;Your uncle died a natural death didn't he? --- I could - I am doubtful, though he did fall ill, but the way he as sick I would say it was a result of the incident that occurred to this family.The reason why I am saying that is my uncle firstly as I have stated that he was a member of the ANC, got quite some time, he was in prison for ten years and that time he did not have anymale children and when he came out of prison in 1970 he had a hope, he had intentions as a man to have a male child.So that when he dies his name should go on and also someone should also keep the home.So when he got married and he got this two male children he had that hope that his home would go on.But when these two male children died, because they were killed, this made him feel that his hopes had been shuttered, his home had not been built, because if you were to die, then it would mean that it would be the end of his home.And so I think this was the cause of his illness, because he had a heart condition, which led to his death.So I cannot just simply say that he died of natural causes.I would say it is because of the deep pain that he had from this incident.So he died last year like that, so the only survivor in the family was that one who survived during the time of the shooting, and this child is just all by himself, by herself without anyone to look after.And she is still very young, and she is just starting, she is a teenager and this is the time when she should be next to a mother who shall be guiding her through this period and through this age preparing her to be a mother in life.To add one I would say this child hasn't got a place to live in she goes on moving from one place to the other, because she doesn't have proper accommodation, let me just simply say she hasn't got a fixed place of[indistinct]Now the big problem is how is her future going to be.Because her situation and condition indicates that if this was to continue she can end up being just a street child.I would say this is something that is forbidden that there should be some street kids, but as far as I can see, I can see that this one can end up being one of them.So this is my main concern.

&#9;Mr Bam sorry I am going to have to interrupt you a little bit, I can see how seriously you take this concern for your uncle's only remaining child and I think that the very fact that you are here today is that you feel the responsibility of the family to tell this story to us.We - we will take careful note of Nomdumiso's situation and our reparations committee will investigate more about that.But part of our job today is to try to find out why these things happened.So if you will believe that we will listen very hard to what you say about Nondumiso.I would like to go back to the - the situations, the tensions in Site C which may have been the reason for this terrible thing to have happened.I think that you told us that there had been some tensions in the community and I wonder whether you able to give us any more information about why it might have been that this terrible thing happened to your uncle's family. --- I would like to say firstly this incident that fell my uncle's family is very difficult for me to say who was responsible for it and I suspect so and so.But I would say I cannot rule out that politics were responsible for all this.When I can remember it happened when the organizations were unbanned, there were meetings that were convened by the members of the Nationalist Party as well.And these meetings were - had an indication that they were against the ANC.My uncle was present in one of those meetings and he once tried to answer since it was in a meeting and this meeting had not been convened as a Nationalist Party meeting, but we could get the spirit that they were trying to fight against the ANC.This was evident, but there was a spirit of some conflict.Again there was another meeting, the first one was[indistinct] there was a second meeting that was convened in a hall next to the taxi's, and again my uncle stood up and spoke and whilst he was on the floor trying to answer, then there was an applause for what he said and I think this is again what caused some problems for him.So - but I still cannot actually point out at anyone and say so and so did this.But I just can't see I have that feeling that there was that negative spirit of some kind and some conflict that was there amongst the people.My uncle was a chairman and there is something that he disliked the most, certain things that use to happen, he use to crash, some practices like for example if one of the people would do something that was not acceptable to the community of would have done something that he should not have done and then if he is stopped and then the people would be forcing[indistinct] the person to stop it or he would be thrashed.He would be against such practices.And I cannot say by so doing perhaps this contributed to all this attack, I really don't say, know what to say.

&#9;That's fine Mr Bam, thank you that just helps us to understand the context of how this happened or the context within such a terrible thing happened.I think I will hand over to the chairperson and see if anybody else wants to ask you any questions.

CHAIRPERSON: Thank you very much, any further questions?We thank you, you've given us a deep and full information that is going to be of help to us, to give us a better light so that we can make out what actually caused all these incidents.We don't have words to say to you.We sympathise with you and because of this bad incident of the death of five people, and amongst whom were young - very young children and in addition to that you also had to loose your uncle last year, and you therefore had to look after the surviving child who is now a teenager and it would be very funny if you wouldn't feel hurt about all this.So accept from us this words to console you on this.And I would like to say to the people they should see that liberation came about in a very difficult way so we should not take it light and make it useless, thank you.Mary Burton want's to [intervention]

MS BURTON: ... Mr Bam and also to say that we had a statement from another member of the community about this case.And we just like to thank Rosina Pikelwa Yelani for coming forward to give us her account of the story as well, thank you.

 

 

 

 

 

 

 

