Human Rights Violation Hearings — Soweto — 1996-07-24

MAMSESE MHLONGO: Yes, it is unfortunate that when we received Dick's, I mean, the - when we were told that Dick was dead, we just couldn't think, we were all disappointed, we are all, I cannot describe how we felt.  And I think during the process no one amongst us, the families, gave us that idea of finding our own doctor to investigate.  Even after we realised that this is not an accident, we actually saw him and we realised that this cannot be an accident, but we couldn't think about finding our own doctor.

YASMINE SOOKA: I see in your statement that you say that Famasele was also questioned by attorney Mophoso, was he your attorney?

MAMSESE MHLONGO: Mophoso, yes, Mophoso is my cousin, my aunt's son. He came to help us.  He also helped us to find an
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attorney, Monks from Durban.

YASMINE SOOKA: Do you still have any particulars about the attorney who helped you?

MAMSESE MHLONGO: We have, we have all the particulars, we have letters. One of the letters he wrote, when we went for the inquest,  Monks was there with us, where he actually asked the magistrate how come you know the names, the addresses of the people, the witnesses, because he actually told us that when Dick overturned, there were 13 witnesses and all the 13 witnesses he has their names and addresses, but they don't seem to be real people.  They are just fake names.

YASMINE SOOKA: I think that if we were to have a look at this matter, obviously we would need to look at the record in your possession.  I think you should make that available to us.

MAMSESE MHLONGO: I have them right now, in the car, in the boot of my car.  I could fetch it.

YASMINE SOOKA: I think once the - one of our briefers could possibly get them from you and make photocopies. They will be useful for us to take it over.

MAMSESE MHLONGO: Okay.

YASMINE SOOKA: Thank you.

CHAIRPERSON: Thank you, Commissioner Sooka.  Hlengiwe?
Tom?

THOMAS MANTHATA: Did you ever have an idea - did you ever have knowledge of the kind of case that Dick was still tracing at the time?

MAMSESE MHLONGO: We have no knowledge of the kind of case.  All we know is he flew twice to PE to investigate cases. We are not sure what those cases are.  He was working for a civil rights lawyer, who is Priscilla Janna.  So we think it was
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civil rights cases.

THOMAS MANTHATA: And then from the lawyer, you never got to know the names of the people that Dick's cases he was following?

MAMSESE MHLONGO: We have never made that attempt to find out from Priscilla Jana.

THOMAS MANTHATA: Is the friend, Mafalala, a practising lawyer?

MAMSESE MHLONGO: No, he didn't complete his LL.B, he is not practising as a lawyer.

THOMAS MANTHATA: When last did you have the assistance of Priscilla Janna in this case?

MAMSESE MHLONGO: In July, when we immediately heard about Dick's death.  We went to his office to go and find out about the cases Dick was investigating.  I don't remember her telling us what the cases were. All she said to us was she doesn't believe the cases could be the cause of Dick's death and that's where it ended. It was in July when we buried him in July 1987, the 25th.

THOMAS MANTHATA: Had Dick before this case, had any brushes with the police?

MAMSESE MHLONGO: I suspect the only time he had brushes with the police is when he defended cases.  Because he had some cases in Protea. I remember, I think once or twice he went to Protea. He was serving articles, I think he was sent for investigation.

THOMAS MANTHATA: Did he never have cases in Harrismith?

MAMSESE MHLONGO: No, not to our knowledge.

THOMAS MANTHATA: Thank you.

CHAIRPERSON: Mamsese and Ruth, I would like to thank you both very much for coming.  I would like to commend you for, I think for the clarity that you have used in presenting
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this very complicated story to us, and the courage that you have shown obviously in again, a case of feeling that you don't know what has happened. You feel that something has gone wrong and needing to get to the bottom of it.  We as the Commission will do what we can to help with that investigation and we would like to again offer our condolences and thank you for coming.  Thank you very much.
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