Human Rights Violation Hearings — Ermelo — 1997-05-22

THOMAS MANTHATA: When I asked this question it's not that I'm not sympathetic or feeling towards the loss of Lucky, that is by the family, I'm just trying to show the kind of situation that Doctor Randera has just referred to.  How confused our situation was and that at this stage there is the need for people to come to a very constructive situation on the bones, sorry to say that, on the bones of our children like Lucky.  So, that is why I want to say that at this stage you have just come to discover through some rumours that Nkosi  is the person who killed your son.  Is that correct ?

BUSISIWE NKOSI: Yes, I did.

THOMAS MANTHATA: Is there any way where we can be assisted to trace Nkosi ?  Do you have Nkosi's address also ?

BUSISIWE NKOSI: I heard rumours that he went to Germiston because after the matter had been finalised, Nkosi was discharged from the hospital.  He was at Extension 1.  I think his son took him and his presently staying with his son in Germiston but I don't have  his address or further details with regard to his whereabouts.

THOMAS MANTHATA: We may need your assistance in that.  Thank you.   I have no further questions .............

MR LEWIN: Thank you Mr Manthata, I'll ask the rest of the panel.  Russel Ally, Doctor Ally ?  Doctor Randera ?

DR RANDERA: Mrs Nkosi just one, you said the matter was finalized.  Does that mean there was a court case or an inquest ?

BUSISIWE NKOSI: We went to court.  The matter was brought before court and we were told by the detectives, my husband went there, Nkosi was present but when the case was dealt with there was evidence that there was not enough evidence against Nkosi, that he's the one who killed my son.  He was therefore acquitted because they said my husband didn't have tangible evidence for Nkosi to be convicted for the murder of my son and there was an allegation that my husband  was not an eye witness.  He therefore could not give the court any tangible evidence with regard to my son's death but they said if we wanted to take the matter further we could do that but we didn't see any need for us to do that because Lucky had died and we were not going to raise him up.

MR LEWIN: Mrs Nkosi, I'd just like to confirm and ask you to give a few more details about yourself because you mention now being shot in the  leg.  How  did  that  happen?

BUSISIWE NKOSI: No, I did not say that.  I said Lucky was shot on the hand.  He was shot on the leg or foot.  Mpeni came to explain to us that when he Mpeni was shot, Lucky was also shot.  When he looked he saw Lucky falling and at that time he looked at the direction from which the bullet came and he saw Nkosi.  Therefore he said Nkosi shot Lucky whilst under the car.  Nkosi was hiding under the car and Mpeni was shot.  I'm not the one who was shot.

MR LEWIN: Thank you very much for clearing that up. Yes.  I would also like to thank you as I have the other witnesses who've come forward because I think what you were telling us, you were telling us the story from within the community and it's only in that way that we can begin to understand what happened and people generally can begin to try and work out ways of preventing that from happening.  You've suffered very badly as a family in losing your son and we would like to offer our condolences in that matter.  I would actually, there's a question in the statement which you made and I think that your reply worth's, it bears repeating because when you were asked how the Commission should advise the President's office to help the community, you say, and I think it's very wise what you say.  You say that the Commission should help and educate the community leaders especially Ministers of  Religion and help them towards peace and I don't think that's there's any better way of thanking  you and sending forward the message that you have in fact brought to us and to the Commission.  I'd like to thank you very much for doing that.  Thank you Mrs Nkosi.
Ladies and Gentlemen at this stage we'll break for tea.  Take an half an hour break.  
HEARING ADJOURNS
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