Human Rights Violation Hearings — Winelands — 1996-10-15

MS GOBODO: Thank you Chairperson, I'd like to call our last witness this afternoon, Nonzwakazi Konjwayo and Vuyo Patrick Dinwa ...END OF TAPE 3, SIDE B...

WENDY ORR: Before we start can we just check that the headphones and the translation equipment are working for both witnesses, please.  Is the equipment working?  Testing - testing is there anything coming through?

<UNKNOWN>: Can the victim hear the interpreter - can the victim hear the interpreter - can the victim hear the interpreter - can the victim hear the interpreter?

WENDY ORR: We'll need a headset for Vuyo as well so can we please find another one that is working.

MS KONJWAYO: Yes, I can hear you.

WENDY ORR: Ms Konjwayo and to your son, Vuyo Patrick Dinwa, you've had a long day, it's not easy being the last person to give evidence because I know you feel very anxious about when your turn will come but now finally it is your turn.  Are both of you going to be giving evidence to us today.

MS KONJWAYO: Yes.

WENDY ORR: Can I ask both of you to stand to take the oath please.
NOMZWAKAZI ROSY KONJWAYO Duly sworn states
VUYO PATRICK DINWA Duly sworn states

WENDY ORR: I'll now ask Pumla Gobodo-Madikizela to lead your evidence.

MS GOBODO: I greet both of you, I'm happy that you were patient enough.  How do you feel now that you are going to give you testimony?

MS KONJWAYO: No I'm relaxed.

MS GOBODO: Could you come closer to the microphone.  Move your chair forward pleas, now how do you feel.

MS KONJWAYO: I feel quite happy now that we have this opportunity to vent out our grievances.

MS GOBODO: You are going to talk about Vuyo sitting next to you?

MS KONJWAYO: Yes.

MS GOBODO: Could you give us a picture of what was happening on this particular day when Vuyo was shot, what was happening?

MS KONJWAYO: On the 1st of May in 1990 I was coming from hospital after an operation - I was discharged in the morning.  When I got home I laid down and I sent Vuyo to the shop to buy bread.  Whilst lying there I heard some sounds from a certain direction - their were bullet sounds.  They kept on, then I stood up and I went to look for Vuyo.  And when I got there I could see people moving up and down - there was commotion, but I couldn't see Vuyo.  
 Then I saw a policeman, I decided to went - to go back home.  Whilst lying there I heard screams and people calling my name saying that my son had been shot.  So I stood up and I went there and I found him lying there at the door.  I ran and I phoned for the ambulance.  It took time to come so I decided to take my neighbours car, drove to hospital and at the hospital we were told that we had to go to the Red Cross Hospital.  And we did exactly that, then the doctor attended him.  
 He called me and told me that he had been shot in the intestines but the bullet was - he had been shot in the stomach and the bullet had pierced through into the intestine and he had to have an operation. 
 On Monday morning I went back home and I went to the Mbekweni Police Station to lay a charge there.  When I got there the police said I should go back and come back later.  I decided to go to the Police Station in town to lay a charge.  When I got there they wrote down the statement - wrote everything down and asked me to go back home.
 Vuyo was in hospital for 3 weeks and it was quiet, then I decided to go back to the hospital to go and find out what was happening about the case.  When were they going to call me to Court.  They told me that they had gone to Court already and everything was through.  So they said I could take further steps if I wanted to but I didn't have means to.

MS GOBODO: I just wanted to find out when you heard the shooting you decided to go and look for Vuyo.  This really strikes me because at the time the people used to think about their  children and they would consider whether they would find their children still alive or not.  Now I would like you to refer to the case once more and tell us exactly what did they mean when they said they were through with the case, how did it happen that they did not call you to Court?

MS KONJWAYO: They did not call me to Court, I stood there waiting.  There was no letter that invited me to go to Court.  It was all quiet, then on my own I decided to go and find out why it was quiet.  It is only then that I told that the case was over and I was told that if I wanted to take further steps I could do so. But I couldn't, I didn't have the finance to do that.

MS GOBODO: What Court  was that which told you that they - the Court was over?

MS KONJWAYO: It was here in Paarl.

MS GOBODO: I'm going to ask you further about the time when you took Vuyo to hospital.

MS KONJWAYO: Yes, I did phone for the ambulance but it took time to come so I talked to my neighbour and we took Vuyo in a van to - to the hospital.  And then we were later transferred to the Red Cross Hospital.

MS GOBODO: Our investigators could not get any information about this case but we are still investigating.  We did hear that some of the things that happened in the location were not on record or they would say there would be  [indistinct] the Riot Squad which was based in the - in town.  So our investigators are going to continue to investigate to find out who actually shot Vuyo.  I therefore want to give you this opportunity to express your wishes and then hand over to Vuyo.  What are your wishes to this Commission?

MS KONJWAYO: My wish about Vuyo is that he doesn't have good life.  He is now epileptic - I want to educate him.  Maybe if he could educated it could do a better job, he's still at school doing Std 8.  He take fits but he does go to school, so if this Commission could help me to further his studies, I'm also not well ever since that incident.  Thank you sissy.  I would now like to hand over to Vuyo.

MS GOBODO: Vuyo  could you take the other headphone please.  Thank you, can you hear me?  How old were you when this incident occurred?

MR DINWA: I was 13 years old.

MS GOBODO: Could you tell us what was happening on that day, how did it happen that you got injured?

MR DINWA: It was on the 1st of May, my mother had send me to the shop to buy bread.  It was on a Sunday afternoon.  This was a nearby shop, and on my way there I didn't notice anything.  And when I went out of the shop I saw a lot of people moving up and down and I saw a policeman. So I stood and observed, and I was hit by a bullet and I lay down.  That was the last I can recall - then people took me home and placed me at my home.  
I was taken to hospital and later referred to the Red Cross and I spent 3 weeks there.  My parent used to visit me and when I was discharged I went to the Police Station in town with my mother and my brother.  But they talked to my mother because I didn't know what had happened.  So we went back home, the main thing is that I - I'm not well and therefore I've got difficulties in my education.

MS GOBODO: I didn't hear you properly.

MR DINWA: I'm saying - I'm not the same person, I don't perform the same way as I used to do at school.

MS GOBODO: It is really surprising that you still at school.  We thank you that you still persisting and we've heard about your wishes that you need some assistance from this Commission in as far as your health is concerned.  Thank you Vuyo and Nomzwakazi.  I hand you over to the Arch Bishop now.