Human Rights Violation Hearings — Duduza — 1997-02-05

MS MOKGOSHI: Yes that was the last time they troubled my husband.

RUSSELL ALLY: And you as a family did you do anything after this incident?  Did your husband ever take up the way in which he had been beaten up and the electric shocks and things which were done to him?   Did he ever do anything about it?    Did he try to do anything about it?  Did he charge the police?

MS MOKGOSHI: He wanted to lay a charge but he could not, because he died before he could do that.

RUSSELL ALLY: And the family, you yourself.  Did you do any thing on this matter?

MS MOKGOSHI: I have never taken any initiative Sir.

RUSSELL ALLY: Could you tell us how you hope the Commission
can be of assistance to you and your family.  What is it you would like the Commission to actually do on this matter?

MS MOKGOSHI: I have three kids and we are staying in a one-roomed shack.

RUSSELL ALLY: So it is about you and your family and your children that you are hoping that...

MS MOKGOSHI: That is correct.

RUSSELL ALLY: Thank you very much.

THOMAS MANTHATA: How many are you in the family?

MS MOKGOSHI: It is my mother-in-law, the three children and myself.

THOMAS MANTHATA: What is your mother-in-law doing?

MS MOKGOSHI: She is a pensioner.

THOMAS MANTHATA: Are the children at school?

MS MOKGOSHI: Yes.

THOMAS MANTHATA: Do you remember the name of the State Attorney who took over the case?

MS MOKGOSHI: I do not remember any more, because I was so disturbed and this affected me really.

THOMAS MANTHATA: If you had any intention to pursue this matter, it would be of assistance to know which person to contact.   Don't you have any document that will trace the name of the lawyer?

MS MOKGOSHI: I am sorry I cannot remember anything.

THOMAS MANTHATA: Were you satisfied with the treatment that the doctor gave your husband?

MS MOKGOSHI: Yes.  I was happy, I was satisfied, because my husband was Dr Bouwer's patient.  He was undergoing treatment at Dr Bouwer and he himself went to examine him at the hospital, after he was assaulted by the police.

THOMAS MANTHATA: Don't you think Dr Bouwer will be of assistance to help you trace the lawyer?

MS MOKGOSHI: No, I have never been to Dr Bouwer.

THOMAS MANTHATA: What killed your husband?

MS MOKGOSHI: I think a heart attack killed my husband.  He was epileptic and he was mentally disturbed.   He would say something to you and a few minutes thereafter he has forgotten.  He could not even walk.   Dr Bouwer said he died of a heart attack.

THOMAS MANTHATA: I thank you.

MS SEROKE: Mrs Mokgoshi I want to know, at the time of the hearing at the Supreme Court was he found guilty of murder?  What was the verdict?

MS MOKGOSHI: I do not know whether he was guilty or not.  What he said to us was he agreed to what was being put on him, because he was assaulted by the police.

MS SEROKE: Do you know the person who pointed him?  Will you be in a position to identify him?

MS MOKGOSHI: That person is in Wattville, but I have not seen him recently, because I left the area.  I went back home to Daveyton.

MS SEROKE: Will you try and trace that person so that we can take a statement from him, because he will also give us information as to what was happening on that day.  You were not present, but this person who pointed your husband must have seen something.
 Please try to tell us where he stays so that we can trace him and get a statement from him.

MS MOKGOSHI: I will trace him and I will tell you where he stays.

MS SEROKE: Thank you.

DR RANDERA: Mrs Mokgoshi, I just want some clarification first.   On the day that the police came to your husband, to your house, you say there was a lady with them by the name of Matsiso.   Is that what you said?

MS MOKGOSHI: That is correct.

DR RANDERA: Now did that lady come to the house to point your husband out?

MS MOKGOSHI: Yes this is Matsiso, who pointed at my husband.

DR RANDERA: And is she still living in the same area as you are?

MS MOKGOSHI: I do not know.  I will go and find out.   I do not know if she is still in Wattville or not.

DR RANDERA: OK.   I just want to know a little about...  It seems that your husband and Mr Zwane whose family spoke before you, were arrested and then tortured, because of the killing and necklacing of this policeman.   Do you know the name of the policeman?

MS MOKGOSHI: I do not know the name of the policeman.  We were at home.  We only heard that a policeman had been killed.

DR RANDERA: Thank you very much.

MR LEWIN: Mrs Mokgoshi I would just like to thank you for coming and for telling us this story.  Again it tells us some of the dreadful things that did happen in the past.   It also explains the context of those of us who were caught up in the cross fire, what has happened to your husband, a sort of an innocent victim caught in the cross fire.
 And the helplessness which you as a family have towards what happened to him and the difficult 
circumstances that you have now as a family in bringing up your children and surviving without him.
 And we do what we can to follow this up, to bring some light on the matter.   But we are very grateful to you for having come forward like this to tell us.
 Thank you very much.

MS MOKGOSHI: I also thank you.

MR LEWIN: Ladies and gentlemen we will continue with the testimony before we break for lunch and I would like to ask Alegria Nyoka if she could please come forward to the witness table.
 Before I call the next witness I would just like to announce that we do have Statement Takers who are with us.  If there are people in the audience who would like themselves to make statements could they please contact them.   It is Marge and Josephine.    They are somewhere around at the back, but if people could identify themselves if they wish to make statements and it is possible to have those statements taken.    Thank you.
 I would like now please to call the next witness, Sikhumbuze Zwane.   Will you please come forward.