Human Rights Violation Hearings — Cape Town — 1997-06-09

JOHN FINYE: Ja.  It was on a Saturday. On the 24th in May 1986.  My son and his friends went to Khayelitsha in a motor vehicle.  They left Guguletu and went to Khayelitsha.  In that motor vehicle.  There were six people, three were men and three were women.  They were all together in this vehicle.  It was on a Saturday night, on the 24th of May 1986.  On their way to Khayelitsha, it was in the evening, when they got to Crossroads.  Near the Cold Storage factory, when they got there, they saw a group of people who had blockaded the road near the factory. That is where the problem started, at that particular road block.  Their vehicle was stopped.  They stopped.  When they stopped, this group of young men and old men got them out of the vehicle.  My son was in the front of the vehicle and his friend, who was also young.  His name was, his friend's name was Vuyani, his friend's name was Vuyani Thobosa.  They were in the front seats of the vehicle.  They were both taken out of the vehicle.  They were hurriedly taken out of the vehicle. They were taken immediately from the other four people.  When that happened they left with these men and disappeared, into a forest which wasn't far from Noxolo School.  Not far from the school is a forest.  At that time, I don't know now.  They were taken in that vicinity.
 The rest of the crowd took the other four people, because they were all out of the vehicle.  They all witnessed this.  When this happened, the people who had been left behind were taken by these men, a crowd of men.  The four people were taken.  They followed behind the first group that had left, but they were unable to see them, because they were far ahead.  They were taken to Noxolo School.   When they were taken, there was a man who had remained behind with the girls.  So this boy joined these old men and they didn't recognise them because it was dark. They didn't realise that there were now three people, his young boy was amongst them.  The young boy got a chance to get away and escape from that crowd.  He ran away and he came back to his home.  
 At that point the three girls who remained, were taken and locked up in Crossroads, at that same school, Noxolo School.  After that, when the kids relayed, they said they were very badly treated by those old gentlemen, hitting them and doing all sorts of things to them that night.   Until they took them to this house where they locked them up.  They were told that they would be released the next day and their parents should bring R50,00 to release them the next morning.  
 At that point, if I may continue with my story, the following morning on Sunday, because this happened on Saturday evening, we were not aware of anything as parents all the time, because we were not there.  We got the information the next day, on Sunday. A young man came to our house at about mid-day, between 12 and one.  This young man, we know this young man, he was not staying far from us, a street which is in front of our street, which is NY69, opposite our house.  That's how we knew this man, he was staying at NY69.  On Sunday, about mid-day, and we have been trying to find out from the other young boys if they had not seen our son.  Because he didn't come back the previous night until that morning.  We didn't have any information as to where he was.  
 We got information about him for the first time when this boy from NY69 came.  Because they knew us, he came because we knew the parents of him.  He was from Crossroads, he came to our house at half past 12 because he was no longer at 69, he was staying with his father at Crossroads.
 It so happened that when all this was happening, he was that side.  That is why he quickly came to give us the information and gave us a picture of what happened the previous night.  He told us that our sons and girls have been detained and they have been locked up at Crossroads.  He didn't know what had happened to them, whilst during their detention. But he told us that he got information, he heard that they were taken in Saturday evening.  
 So as parents we began to take some steps, when we got this information, and this young boy was also telling us we couldn't get into Crossroads at all.  Why, we asked.  He said no one is allowed to go into Crossroads, we can also not go.  Even if you can take your car, there is no way you can get into Crossroads.  My wife and I took a car, drove to the police station at Guguletu for help, about this information we got that our son is one of the victims that have been detained at Crossroads the previous evening, the Saturday evening.  
 The police at Guguletu station told us that they could not, they themselves could not enter Crossroads.  They said only Casspirs could go into Crossroads. They told us that they couldn't go into Crossroads, because of the extent of how bad the situation was.  So we asked for advice as to our next step, and we were told that we had to pay R50,00 to release them.  So even there the police had no advice to give us with regard as to how we could enter Crossroads.  They only told us that it could only be Casspirs.  So we gave up on Sunday at Guguletu police station.
 We went back home.   At home we discussed this problem as to how we could get out of it and solve it, because we heard that it is R50,00 to be paid, and we had R50,00; how were we going to deliver it under those circumstances.  They demanded money but they couldn't let people in.  This was a problem to us.  So whilst we were debating this, the sun set and Sunday, the 25th.  
 After sunset, at about early evening, towards eight o'clock or so, we heard a knock on the door, and these kids came in.  They were the two girls, who had come to report to us as parents about the previous night's trip.  So we wondered how they themselves could get away.  Whilst we were listening to them, we said how do you manage to be here, where are your friends, how did you escape, and how did the other parents - your parents go into Crossroads, because we heard that we couldn't go into Crossroads.  The kids told us that they were released by comrades and their parents didn't go.  
 So they were released by the comrades who collected money from their homes.  Unfortunately the comrades didn't know us, they just knew our kids and not us.   So I asked the girls how, what happened, how did it go, just explain to us so that we could know.  
 They informed us that we left here and went to Nyanga and we met up with a road block, and then we were arrested and the two boys were taken and were taken towards the forest. We don't know what happened to them.  But we thought we should inform you that they never returned.  We were arrested and worried.   We asked these men what happened to the young man that you left with.  There was no answer.  They couldn't answer us.  They couldn't answer directly. Then the children kept on asking where our friends were. They asked these men where the two men were, the ones who had taken him to the forest.  It was apparent that one man tried to get closer to us;  when he got closer he asked us what our clan names were.  We gave him our clan names.  Then he said listen here, children, don't cry.  Don't you dare show that you have now changed, I am now going to whisper something into your ears.  He said to them these people that you are talking about and you are asking questions about them, and you are not giving answers, they have been finished, something has been done.  He reiterated that they shouldn't try and change their attitude and that they should try and keep matters quiet, because he was scared that he was going to be killed, should this information leak out.  He told them that they were killed the previous evening.  The two girls were released with the R50,00 bail that had been collected. I am not sure whether it was bails or fine.  They were released and they went home, and they informed us on Sunday evening, on the 25th. 
 We were a bit confused.  My wife and I were a bit confused.  The following morning, on Monday, the 26th of May 1986, I asked my wife what should we do today.  I was thinking that you should go and work.  Go and teach as the principal of the school.  I will go to the mortuary.  I will take one man who lives in the same street to go and check for the bodies. Because we are hearing rumours that there are people who have been sent to the mortuary on Sunday evening, Sunday morning.  We have heard rumours that there were people who had been sent to the mortuary on the 25th of May 1986. 
 We left to the mortuary on Monday.  When we got to the mortuary we explained that we are parents and we have come to look for our children, because they disappeared on Saturday and we haven't heard anything from them.  We were wondering if they were not at the mortuary.  We got the permission to get in at the mortuary to see whether we could get these two children.  We went in to the mortuary to try and see if the bodies were there. When we got into the first room - this man and I were very shocked.  The drawers were opened, right around the room.  It was full of bodies in the mortuary in this room.  This was only the first room at the mortuary.  We couldn't get them at that particular room.  Underneath - it looked as if we were in a butchery. It was full of blood. The bodies were lying on the blood. The shelves were full of bodies.  We couldn't get him in the first room.
 We went to the second room. When we got to the second room, even there it was the same situation as the first room.  The bodies were from the ground floor.  It was impossible to walk. In some cases we had to walk over the bodies.  All the bodies were in the shelves.  The shelves were full of bodies, from the first shelf right up to the fifth shelf.  All the drawers were full of bodies.  We were surprised. 
 What was more shocking was the blood on the floor that we were treading on and jumping over the bodies. When we also looked at the other bodies, they looked like bodies of people that had been burnt.  These bodies were also on the floor.  They looked like wood.  They looked like burnt wood.  These bodies were charred and resembled burnt blocks.    It was the first scene I had ever experienced in my life.  We didn't get my child in that particular room.
 We went to the third room, and the same situation was there.  All these rooms were full from the mortuary, all three rooms were full.  We went through all the drawers and we couldn't get him.  We also looked on the floor. There were bodies there on their backs, and they were also lying on the blood which resembled water.  Notice that this was people's blood.  There was not a single room which didn't have blood, all three had blood.
 In the third room, I believe it was the last room, we finished all the shelves.  When we went to another corner in the room, in the shelving, we looked on the floor and we saw my son lying in one corner.  
 I want to say this business - that is one thing that has troubled me for the rest of my life, to find my son in that position, having done nothing, killed innocently.  
 When I got him lying there we were given our rights and cars.  We were returned home with the bad news and the situation was worse when we got home.  Especially the child's mother. I still feel bad that when I come to this  Commission, I have this bad luck.  If you look at me, you will find that on my chest I am black and blue.  I am black and blue on my chest.  I have these colours that I got at the door and that colour from home.  Unfortunately, or fortunately, my wife died a month ago.  A month ago my wife passed away.   
 Now I want to say that I feel glad that she was unable to be with us today, because one of the wounds that was one of the worst wounds, is that she had a heart attack.  In two hours time, in the early hours of the day - apparently she had a heart attack two hours before at about four o'clock in the morning and she passed away at six o'clock the same day.  We called for ambulances, but they never came.  From quarter past four and five o'clock they never turned up. All right. 
Time went by, and it went to half past six.  I am sorry that I am getting away from the topic, something is bothering me.  Something is bothering me.  
 At quarter to six, the ambulance didn't arrive then.  Her last words - her last words were "when they come, tell them I have been waiting too long, I am now leaving".
END OF TAPE 2 - SIDE B
 ... she has been waiting long for you and you didn't come, so I am leaving.
 I want to say I am trying to get rid of this pain, because of the pains that hurt, about her son, her only son.  The only son we had.
 Now I would like to go further.  When we came back from the mortuary and we had seen his body and we went home to report this matter, the news was received badly. We made preparations for the funeral on the 31st of May which was a Saturday.  We prepared for the funeral. On Friday before the funeral, young men came to the house, that are known as the comrades from the United Democratic Front.  They came on Friday when we were at - they told us that they were with us.   Because he was our friend.  So therefore, they said that they would also take part in the funeral, and that we shouldn't try about paying for the expenses of the undertakers. We informed them that we had already made arrangements, considering the fact that you are now telling us on Friday.  On Saturday the funeral took place on the 31st.  When the funeral was on at home, during the service of the funeral, a young man came. This happened before the grace.  A crowd came of comrades, and they told us that we shouldn't worry about the hearse, they are going to carry his coffin on their shoulders.  He was going to be taken to NY153, the corner of NY53 and 78, there is another church, a Methodist Church.  They said that they were going to take his body there straight from home at the Methodist Church, to meet up with others, his other friends, who were also being buried on the same day.  
 When we had finished at home, they took his coffin and placed it on their shoulders and went to 53. When we got to 53 it was full, the service was full of people. When we got there the stage was full of preachers, ministers that were present.  The service was conducted.  It was conducted by the organisation, the UDF.  The service went smoothly.  Towards the end of the service there was a lot of commotion.  We didn't know what was going on.  When we got out after church, the bodies, the coffins were carried on the shoulders and they were carried to the graveyard.  As we were entering 78, not far from the church, going to the graveyard, we didn't know what was happening.  We heard gunshots.   There were many gun shots and people dispersed.  Tear-gas was also sprayed and people dispersed.  It was a funeral of dispersal.  People were being choked by this smoke of these things, what do you call them? If you could call them these tear-gases.  The coffins were dropped on the road and the people ran away.  These coffins were sprawled on NY78. I see that the journalists made it news in Cape Town about this funeral.  My child was amongst those people when the bullets were being fired.  We met up with him at the graveyard.  There wasn't a procession to the graveyard. That is how the funeral happened.
 After the funeral what happened. After the funeral, after we had buried my son, the following week, an investigation officer came to my house.   He invited us to attend a court case in Athlone.  We were informed that we had to go to court in Athlone.  We were a bit surprised.  We are going to court in Athlone?  About a child that had been killed?  Now when we get to court what are we going to say, because we never witnessed anything. When that is so, we went to Athlone, the Athlone court with my wife. In 
 Athlone at the court, we realised that there were five men that we met at the court.  We were informed that they came from Crossroads. The court case proceeded and we looked like observers, because we couldn't understand why we had been called. The court case continued at the Athlone court and it was adjourned.   We were informed that it was going to be transferred to the Wynberg court and the date was put for the court hearing. It was the following week.  
 We then went to Wynberg court, and even there, when we got to Wynberg, it was clear that the magistrate in Wynberg - the case wasn't very clear. There wasn't enough evidence.  In other words, there was no case.  So that was the last time we were ever called in court.  We were never called to any other court, concerning this case.  Except that it became clear in Wynberg that there was not enough evidence.   What was surprising, was that after that whilst we were at work, where we were working, a detective came one day and this officer came, he found my wife.  I was out at school.  My wife was the principal of the school.  We are at the school, I am the caretaker at the school. So came this investigating officer in my absence.  He had with him a sport coat, the one that was worn by my son at the time he was being taken away from the car to be murdered.  This investigating officer had this sport coat. He said he has come to show us that to find out if we knew, we could recognise it.  My wife said yes, this is his sports coat, this is my son's sports coat, he was wearing this, this is the one.  So the officer said no, I just wanted to come and check if you could recognise it.  Then he took it back.  We never saw it.  The same investigating officer we never saw him. He never had to follow the sports coat.  What I mean, is in those words, I am sorry, I was meant to be brief, but I didn't really plan to take so long.  Especially because I have this young lady next to me, whom I would wish to give a chance to say a few words about this whole issue, because she is the one who was there. She saw it, she saw it with her own eyes, this young lady next to me.