Human Rights Violation Hearings — Venda — 1996-10-03

MR MUSEKWA: This lawyer that I am referring to, this White man is in, there were three.  The White people were three, they were trying to stop this case, all the cases as you are doing now.  They were trying to defend big boy's case.
 These are the people who revealed big boy's case, who was alleged to have killed somebody and then they buried 
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him.
 This White people said to me, they said this case that belongs to our son, we are going to consider it and send (indistinct).  If we go there and it passed, you are going to go to the office, then it passed.  I was then receiving a paper that I was called and tell no police.

THOMAS MANTHATA: Yes, that is quite a painful thing.  I can see that every time you refer to it, you know, it hurts you more.  Was there ever an inquest conducted in this case?

MR MUSEKWA: Yes, this - there was an inquest but because this son was killed by the police, I went to (indistinct).  I found (indistinct), the one who is the leader of the police and I told them, about this police and you must give me the van and the police and you must take me to Sebatsa, because I've got no money to pay for the transport.
 Then they gave me a (indistinct) to accompany me to Tando.

THOMAS MANTHATA: Perhaps what I can do would be to request you if you have anything or documentation, be it at home or with you here, that you leave them with us.  Perhaps our investigating team can look into the matter, because it seems the matter that is so confused and yet it is so painful.  I will stop there and leave it over to the Chairperson for further questions.

MR LYSTER: Mr Musekwa, can you ...

MR MUSEKWA: I do not have those papers.  And I think the papers are here in the Magistrate's court here in Sebatsa and (indistinct) and I think they cannot destroy the file, those police.

MR LYSTER: Mr Musekwa, can you just go back to the beginning of your statement.  Do you know why your son and
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the other young boys, why had they gathered at the Chief's place, Rovele?  Why were they there, do you know anything about that?

MR MUSEKWA: Oh, those boys are saying that a certain boy was working during the night and when somewhere seeing that he is going to teach himself mathematics.
 In arriving there the old lady took him and he never returned back at home.  And he disappeared, because you know how the Venda's work.  I think you know how the Venda work.
 When he disappeared, a certain boy came back and said that I am coming here to take your son so that we can go to school and he was sent to the hut, and they found that the blankets were there, laying there, seeming that no one slept there.
 And then he went back to the grandmother and the mother said no, maybe he might have visited a relative.  But the next week, they went to the Sangoma's and the Sangoma's told them that the son is there, he is still alive, they have not yet cut his tongue and God will help him, he will be back.
 And after five weeks, that boy came back, unable to speak, he was unable to speak.  Making mention of Rovengo, in that time, those boys went to that grandmother and then they took that grandmother to the Chief's place.
 In arriving there at the Chief's place and they told the Chief that we are here to show you that the one who's  practising witchcraft is this one.
 And the police van came with Mr Ramidagana and he was alone.  Ramidagana when he arrived, the boys said no, we don't want the van.
 Then the van were sent back and then it was said that the boys are intending to burn to van and then the police 
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were told to take their guns and go to the Chief's place.
 And somewhere arrested it, somewhere in (indistinct).  Some people are used to that, it is that year in which people were used to be burnt.  Being alleged of witchcraft.
 After that, I've got a watch here, this watch is very old.  I think even here no one is in possession of this watch, it is an old one.  It is an old one, I don't think there is any one with it here.  Now, It is then that - is there were the fight started and my son was shot and he was shot while the strike was over and he was shot after coming from the shop to buy a white sweet.
 And that sweet was found in hospital after he was dead.  There is another paper which is coming from the hospital.  If those people of the past, if they - we can take them, I think they will issue that paper.

MR LYSTER: How old was your son Enos Canghana when he died?

MR MUSEKWA: When he died, in fact, I've forgotten the years, but I can bring them, I think his mother maybe, his mother is still in possession of his ID, but I don't know at this stage.
 When I went to the police, his mother is against that and his mother does not want police and she does not want me to - she does not want to see police because of this incident.

RUSSELL ALLY: If you could just tell us very briefly about political view or activities of your son when he and the group went to the place of that Chief.  Was he involved in any politics or are you aware of anything?

MR MUSEKWA: No, I don't know that.  He was not involved in that, but they have just gathered and they were not
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practising politics, they were, they have called the witch and took her to the Chief's place and they never hurt her, they just took her to the Headmen. 
 And this is where all these things started.  He was not shot while there was that confusion when there were people running up and down, he was shot when the - all these incidents were over and he was shot by the certain policeman who was boarding next to us there and that policeman then was standing next to the yard and he shot him through the head.
 That policeman, he went to Beaba police station, this policeman.  And even that policeman who shot my son, I've got nothing wrong with him, I just let him live.  Maybe he is thinking that I am happy because he took my son's life.

RUSSELL ALLY: Think about - in your statement you indicated that he was somewhere related to this person who was accused of being a witch.  Can you just explain to us the connection, how they were related?

MR MUSEKWA: That police, when entering (indistinct) he hired the place to, where this lady was staying and he used to boarder there, but he was boarding there not knowing that those people are practising witchcraft.
 That lady was working somewhere which is called Ndondoro and it is said that she ran away from our places, because of witchcraft and she is now residing here at Hadtsivhasa.

RUSSELL ALLY: We thank you Mr Musekwa, for coming forward and relating your story to us.  There are obviously many things in what you have said which as Mr Tom Manthata has said, will have to be looked into.  Particularly the question of this policeman who was identified and you say the court case VENDA HEARING TRC/NORTH WEST
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was a complete farce, that the court case wasn't conducted properly.
 And we will certainly see what we can find out in connection with your son's death and the circumstances.  Thank you very much for coming to speak to us.

MR MUSEKWA: Well, even if my children did not arrive here because they have got problems, I am coming here, and I've decided to come to this Commission because I want to see you.
 Can you compensate with me because that man have killed my son but he is still alive and working?