Human Rights Violation Hearings — Pretoria — 1996-08-12

CHAIRPERSON: Welheminah Phalatse and before she sits down to just take the oath.  Mrs Sooka will administer the oath.

WELHEMINAH PHALATSE: (Duly sworn in, states).

YASMINE SOOKA: Thank you, you may be seated.

CHAIRPERSON: Mrs Phalatse, I have been given the opportunity to assist you in giving your evidence and just before you do so, just for the sake of the members of the public here, to give some of the political context, you will be giving evidence about your daughter Irene having been shot and killed in 1976.  That was during the disturbances amongst, especially, the students when Afrikaans was brought as a medium of tuition and the protest demonstrations that flowed from that.  The police reacted using teargas, even firing into crowds, killing and injuring school children.  The chain reaction that followed again with arson attacks, baton charges against the kids, car stoning, barricading in the townships, raids and that eventually led to the broader revolt, a revolt that spread over the country.  It is against that background that Mrs Phalatse will be giving her evidence and I will appreciate it if, Mrs Phalatse, if you will tell us your story in your own way.

WELHEMINAH PHALATSE: It was in 1976, August, probably the 21st of August.  I was on my way to work.  When I knocked off at half past four I went to the train at Hartebees Station.
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When I arrived home I met Irene's brother with her friend.  I asked them where they were going.  They said they were sent here by a teacher to come and call you from work.  I did not feel disturbed at that time.  Then I asked them where she is?  The said she is at hospital.  The train arrived for Atteridgeville.  I had just alighted from the one from Mamelodi then we boarded this one for Atteridgeville.  I said to them I will alight here at Kalafong and look for Irene.  I thought it was just a minor issue.  
 Then I alighted at Kalafong.  They were together with me to accompany me.  When we arrived there she was in Ward 9.  She had already undergone an operation, but they could not assist her immediately with the wounds that she received.  They took her out of the ward and to the Intensive Care Unit.  At the Intensive Care Unit she stayed there for some days and then she was brought back to the ward again.  She was a little better then.  She stayed at the ward for about 14 days, but however, in September she passed away.  
 After we have buried Irene we went to court.  We heard nothing at the court.  Hence, I found it useless that we attended the court.  The evidence that we received was a bit useless.  The last court hearing that we attended, which was the third one, they brought along white soldiers asking me are these the people who shot your child?  We said, we do not know because they shot from inside the Hippo.  I do not remember the names of that person who, Meintjies, they referred to him as Meintjies and he said I shot in, I fired in the air.  Then they started throwing stones at us.  Then they asked him did they hit you with the stones and then he
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just pointed at his forehead. 
 Now, Irene, when I went to school to enquire about Irene because the incident happened there within the school yard.  The teacher said I sent Irene to the library and I directed her how to get to the library and she must bring a book for me from the library.  As she went out the door, even before she reached the library she was shot.  The bullet did pierce her.  She left the school yard and then that is when I came there to ask them whether this Meintjies did shoot my child or not.  Then what they said was just to take her to the hospital.  All the teachers they were desperately trying to help the child and take her to the hospital.  It happened that they took her to Kalafong.  Then they operated on her, extracted the bullet after some days.  It was only then that they took her for an operation.
 However, the way she got shot she could not survive at all.  We went to court, but the evidence that we received there was of no use.  They said during riots you can claim nothing.  That is what they explained to us.  You do not have to put or lodge any claim if the incident occurred during riots.

CHAIRPERSON: Thank you very much Mrs Phalatse.  I have one question.  You mentioned in your testimony now that you went to the court.  Can you tell us a little more about that?  I must also apologise that my phone is going on and off so I am missing a little of it.  I will have to look at the transcription later, but you did say that you visited the court.

WELHEMINAH PHALATSE: Yes.

CHAIRPERSON: Can you tell us what took place there?  Can you repeat it if you did say it?
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WELHEMINAH PHALATSE: Nothing happened at court.  They just asked if we know the person who shot her, but we said we do not know the person because we were not around when the incident occurred.  So we never had the evidence to, can explain or point out this person who shot Irene.  The third time when we arrived they said to us you do not have any evidence, but they will inform us.  Since 1976 we have not been informed.  That is the whole story.

CHAIRPERSON: Okay.  Did you go to court because there was and inquest, an enquiry?  Did they try to find out there?  Why did you go to court.

WELHEMINAH PHALATSE: We approached the police, teacher Moseneke approached the police and then they took a statement.  That is how it came that we have to go to court to explain or point out the person who shot Irene, but since we were not at the scene we could not.  The bullet was from the street and then it incidentally hit Irene.

CHAIRPERSON: Do you have any documents that you got from the court?  Thank you.  I will see if some of my colleagues have questions.  Dr Ally.

WELHEMINAH PHALATSE: I do not have any documents that I received from court.  The only documents that I have are death certificates that I received, but from the court I have got no documents.

CHAIRPERSON: Mrs Phalatse, some of my colleagues would, I think, also have questions and I am, I hope you will not mind answering them.  I have Dr Ally with a first question.

RUSSELL ALLY: Thank you Mrs Phalatse.  On the day that your daughter was shot were there any other people who were shot and maybe even killed on that day?  Do you know?

WELHEMINAH PHALATSE: People who received injuries were not that
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serious.  Those are the people that I know.

RUSSELL ALLY: But there were other people who were shot, you were saying.  I missed it, this.

WELHEMINAH PHALATSE: No one was shot except my daughter on that day.

RUSSELL ALLY: And you mentioned the name Meintjies.

WELHEMINAH PHALATSE: Yes.

RUSSELL ALLY: How did you get to know that name?  How did that name come up?

WELHEMINAH PHALATSE: The Magistrate did call the name in court that Mr Meintjies, you were on duty on that day and then he said yes.  Asked him again was it you who gave out the command that the police should fire and then he said I did it myself.  Then there was no scratch and then, but he claimed that they did stone him on that day.  The Magistrate said that the evidence that you give, it is not concrete.  They called us the second time.  We went there.  Again they explained that the evidence that we give is not corroborative.  Even the third time also I was with Mr Moseneke who is the teacher.  They said again our evidence is still weak.  You will be summoned for the third time or the fourth time.

RUSSELL ALLY: Mr Moseneke, he was a teacher at this school.  Was he an eyewitness?  Did he actually see what happened?

WELHEMINAH PHALATSE: Yes, that is so.  He was the Principal at that school.

RUSSELL ALLY: Thank you Mrs Phalatse.

CHAIRPERSON: Mr Manthata.