Human Rights Violation Hearings — Grahamstown — 1997-04-07

CHAIRPERSON: We welcome you Mrs Grace Gqamfane.

NOVINTWEMBI GRACE GQAMFANE: (sworn states)

CHAIRPERSON: We will request the briefer to put on headphones because you will be led, asked questions by June Crichton.

JUNE CRICHTON: Good morning Mrs Gqamfane, can you hear me well?

NOVINTWEMBI GRACE GQAMFANE: Yes I can hear you.

JUNE CRICHTON: I will be asking you questions and if in the course of talking to me you see my light go on you will know it means that I want to ask you a question, is that clear?

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: Mrs Gqamfane you are here to tell us about your son, a student and a leader.  You are one of our first witnesses from Alicedale and your son, as I understand it, was a 23 year old young man when he died, is that right?

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: A member of AYCO.

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: And a leader in that organisation.

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: There are two incidents that are mentioned in your statement.  The first meeting that you tell us about was on the 24th of April.

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: Are you a mother who was aware of what your son was doing in AYCO?

NOVINTWEMBI GRACE GQAMFANE: Yes I was aware of a few things.

JUNE CRICHTON: So you must have been concerned about him?

NOVINTWEMBI GRACE GQAMFANE: Yes I was concerned.

JUNE CRICHTON: What was the actual situation at that time in Alicedale in the schools?  There was a boycott on the go, tension was very high, is that correct?

NOVINTWEMBI GRACE GQAMFANE: Yes that is correct, not at school.

JUNE CRICHTON: What happened on the 24th of April, the first time that there was - I think if I read your statement it says that they came out from a political function and things were disrupted.  Now on that occasion, that first time, the 24th that you mentioned, who disrupted that meeting, who disrupted it?

NOVINTWEMBI GRACE GQAMFANE: It was the police.

JUNE CRICHTON: Was it the Municipal police?

NOVINTWEMBI GRACE GQAMFANE: No it was the police from town, from the police office.

JUNE CRICHTON: And then would you tell us what happened on the 26th of March as you understand it?

NOVINTWEMBI GRACE GQAMFANE: It was a toyi-toyi in the township, all the children were toyi-toyiing.  All the activists were toyi-toyiing.  The police came as they were toyi-toyiing.  They were all over the township singing, toyi-toyiing.  The police came, they chased them away.  Children ran away.  They ran to the forests.  When the police left they would come back and toyi-toyi again.  And the police would come again and they would run away.
 On the third day I didn't see my son for three days.  
I couldn't find him.  On the third day he came back, he did not come back home.  At the time I was working in town.  During the day I was at work.  When I came back from work I would ask whether he had come back and ....(tape ends)  During the day one of the women I worked with in town came to my work.  She asked my boss saying that she wanted us to go home because the situation was tense in the township.  This woman talked to my boss.  It was about one during the day.  We went home.  This woman didn't say anything to me on our way home.  When we arrived home she told me that she heard that my son was shot by a policeman by the name of Kulatyi in the other street.

JUNE CRICHTON: In your statement you mention that in fact he had tried to seek some kind of safety in somebody's house.

NOVINTWEMBI GRACE GQAMFANE: Yes that is correct he tried to hide in a house.  He went in that house and the mother in that house is in a wheelchair, my son went in this house and the police shot him.  He ran away to hide himself in this house.  They shot him in this house.  If I am not mistaken they fired three shots and he passed away.

JUNE CRICHTON: Mrs Gqamfane this lady, the owner of the house, who was that in the wheelchair?

NOVINTWEMBI GRACE GQAMFANE: She was Mrs Bhelekani.

JUNE CRICHTON: Mrs Bhelekani, thank you.  It must have been a terrible experience for her to have that happen in front of her, and for you to hear it in that way.

JUNE CRICHTON: After he had been shot I believe you were harassed quite a lot.  Could you tell us about the harassment that you had then after the death and also at the funeral.

NOVINTWEMBI GRACE GQAMFANE: I was harassed by the police.  They wanted
me to bury him the same week.  The comrades and the activists were in my house.  I was called together with my husband.  The police came, they told us we must bury him immediately.  We told them we are not going to do that because we have to tell our family members, we have to inform them about this.  They wanted him to be buried immediately but we refused.

JUNE CRICHTON: Why do you think it is that the police always wanted funerals to take place so quickly?

NOVINTWEMBI GRACE GQAMFANE: We did not know why they were doing this.  The detectives also came.  The police were all over the township, they were dispersing teargas. I don't know the reason why my son got shot because the police did not come to me to report about the incident.  They didn't tell me what he had done.

JUNE CRICHTON: Were you present at the court case?

NOVINTWEMBI GRACE GQAMFANE: No I wasn't present, my husband was present.

JUNE CRICHTON: And did you receive  a death certificate?

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: Was the name of the person who shot your son on the death certificate?

NOVINTWEMBI GRACE GQAMFANE: I am not sure whether his name is there, but I do have a copy of a death certificate with me.

JUNE CRICHTON: Mrs Gqamfane what are your expectations from the Commission, what do you hope that they will do for you?

NOVINTWEMBI GRACE GQAMFANE: My request concerning that - I am not satisfied about this because they killed my son for no reason.  I cannot forgive them.  I don't know even today the reason for this.  I don't even know why they were harassing us, telling us to bury him immediately because the detectives also came, they demanded him to be buried
immediately.

JUNE CRICHTON: Alright.  You asked in your statement that you required compensation because your son had a dependent, a child, is that correct?

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: How old is that child now?

NOVINTWEMBI GRACE GQAMFANE: I think the child is eight years old.

JUNE CRICHTON: Is he at school?

NOVINTWEMBI GRACE GQAMFANE: Yes.

JUNE CRICHTON: Thank you very much Mrs Gqamfane, I am going to hand you back to the Chairperson now.

CHAIRPERSON: Tiny Maya.

MS MAYA: Thank you Mr Chairperson.  In your statement you mentioned that there was a court case or an inquest, can you please tell us briefly what happened in that inquest?

NOVINTWEMBI GRACE GQAMFANE: Which one, the one in court?

MS MAYA: The court case concerning your son's death.

NOVINTWEMBI GRACE GQAMFANE: Are you asking whether there was a court case?

MS MAYA: Yes.  The charge which was laid to the person who killed your son or was there any investigation done?

NOVINTWEMBI GRACE GQAMFANE: No.

MS MAYA: Did you go to any lawyers?

NOVINTWEMBI GRACE GQAMFANE: Yes, we hired a lawyer.

MS MAYA: What happened to the case?

NOVINTWEMBI GRACE GQAMFANE: I don't know what happened to the case.  My husband, together with Mrs Bhelekani, and her husband were attending the court case.

MS MAYA: Do we have the name of the attorney?

NOVINTWEMBI GRACE GQAMFANE: Yes.

MS MAYA: What was his name?

NOVINTWEMBI GRACE GQAMFANE: It was Mr Sandi.

MS MAYA: Thank you.  We can find all the details from the attorney.

NOVINTWEMBI GRACE GQAMFANE: Thank you.

CHAIRPERSON: Mr Sandi?

MR SANDI: Thank you Mr Chairperson.  Mrs Gqamfane you said that Kulatyi Nzanze, the policeman who shot your son he fired many shots before he killed him?

NOVINTWEMBI GRACE GQAMFANE: Yes.

MR SANDI: This means that he was prepared, he wanted to kill him?