Human Rights Violation Hearings — Heiderveld — 1996-04-24

MLANDELI WALTER MQIKELA: No we didn't do anything, we just ran away from the police as much as we could.  Oh! is that so, I went to my wife, what are we going to do about this.  Go to another man called Figizolo one of our neighbours,  we went to him because he has a camera, we asked him to take photo's of these wounds while they are still fresh, they are going to give a clear picture of what happened to our son.
Whatever happens after this but we want this to be recorded while it's still fresh, yes we took the pictures.  I looked for [indistinct] and I found him and we took the pictures.  At this time my wife was ready to get to work, now you will forgive me because I am a little old now, some of these things I can't remember all of them in detail.
These were things that are happening then and we were trying to forget them then, we didn't know that this Commission is going to come up now and ask these questions, so I am trying to - try to forget these.  We kept the photo's my wife did and my wife told me all the stories that my son went to the Guguletu police station he was told to go to this other police station, indeed they took his statement there.  I am sure if his mother wasn't there, this police could have arrested him.  I was him - his mother who had to stop this whole thing.  The police were accusing my son of being one of the people who were [indistinct] because they had all the powers to do whatever they wanted to do to you.
This whole case ended up to the lawyers, is there something that I am leaving out - indeed he met Van Eck when he went to Crossroads, he is the one who - who really helped us because he was heavily bleeding at that time.  You can also imagine if your mouth is split in two - the mouth that you are looking at now, it is the Groote Schuur that fixed it, it was split in two, his teeth were broken, that one I can remember clearly.
I have been watching him because he is my son, that time he was still very young.  Now this case went to the lawyers, these lawyers he is talking about.  I was also called upon to sign some documents so that we can be able to go to the police station which was called Royal that time.  After that we were told we should wait to be called to Court.
Indeed we were called I was there, but my wife was at work at that time.  My knowledge about this man next to me is that this case was going on for two days.  This case took the whole day, they couldn't finish it.  We - we experienced some hiccups because there were also some Minister involved here because the police were denied - denying everything that was happening, it's only he who was giving all the evidence saying what happened in this - at the scene.
And the lawyers representing him was lying so much that he was telling everybody that the police had no - were not to blame for this.  Now after that we were told to come the following day at nine o'clock, I am saying these things in segments, those are the things that I can remember.  The last day was on a Friday, then I was told the case has been dismissed.  The case has been dismissed and my son was like this, it is true that all these things that he is saying his mental - he is affected mentally, he thinks that it's working but I can see it is not.
If he is asleep he is totally asleep sometimes I become rude  I prefer that a child should be independent.   But he cannot be independent at this stage.  He told me that the Court said that I should pay for the State expenses, because I lied, that's what the Court told him.
I got someone's [indistinct] while I was at work, from the police station, I was asked to come back and tell everything that I have - all the assets that I have, the money at the bank, just absolutely everything that I have to tell them how many kids do I have, how much do I earn, I told them everything.  But they didn't tell me why they wanted all this information and in 1992 Guguletu police station came back again asking for another statement.
Now the reason why the second statement was - just disappeared  I have no idea.  Now this one now was my problem when it was like this, this now was too much for my son, I had to do this - I had to stand up for this myself.  And I told myself I am going to get a lawyer now for this, I am not signing anything my lawyer will sign.  I told them give me all the documents so that I can give them to my lawyer, then the lawyer will be dealing with your bosses.  He met them, they never came back to me, giving me any response to that.  
My lawyer didn't tell me exactly why the police came back and ask me all this statements that they were asking from me.  I was never told again why was the case dismissed, all I know was I had to pay the State expenses, and I don't even know I don't even understand why should I pay this - what Court expenses while I am the victim.  When we got to the - when we got to the police station, we were never told any details.

MARY BURTON: Thank you Mr Mqikela,  can you just tell us that was a different lawyer that you went to.

MLANDELI WALTER MQIKELA: Now that was for my own purposes in connection with my work, I just had a small problem, but he said to me any document that comes to you even if it comes from work, do not sign anything with your own hands, it could be very difficult and dangerous for you.  Now that one was not connected with my son.

MARY BURTON: I see thank you Mr Mqikela, I have no more questions.

MLANDELI WALTER MQIKELA: I am happy that what I said is clear, thank you.

DR BORAINE: There are a couple of other questions that we might have, Mr Ntsebeza.

ADV NTSEBEZA: Just one question Mr Mqikela.

MLANDELI WALTER MQIKELA: I am listening to you.

ADV NTSEBEZA: Did you eventually know how much those State expenses were?

MLANDELI WALTER MQIKELA: No I don't know, because in the first place this was illegal I was never told, I was just told that I should pay the State expenses that is why when I went to the police station I thought no these people - these people are going to take this money from my salary, that's why they wanted to know my salary.  I was never actually told the exact amount, that it was just dismissed like that.

ADV NTSEBEZA: Was there any money taken from your salary?