Human Rights Violation Hearings — Heiderveld — 1996-04-25

MADODOMZI KAMA: I received a telephone call from him on this morning of - the Sunday  the very same morning Mzimkhulu was suppose to take a bus home because the school were closed they had finish their exams.   On arrival at Groote Schuur I saw Richard the witness as he is putting  it.
I expected to see them at the ICU or whatsoever but the very first thing I learnt from our hospitals was that they serve as an extension of what is happening at the police stations.  Because what I could gather was that even Mzimkhulu although he was - I mean he was on the evil of the moment of death,  he was not at the ICU.   We just found him on a wheel chair,  and the very few words he uttered  was that he won't make it, he knows he won't make it.  And I should keep his son for him, that is the only thing he can think of. 
Thereafter a porter,  the ones that push this trolleys at the hospital, put something into his mouth and  I asked the porter what this was, and the porter says it is  just something we normally put in the mouth when they bleed too much.   Then I went to his file, when I asked his file I was told that look he won't even be paying  because in any case he will die.  So there is no need  for us to get much details about him.   
Then fortunately for me about an hour or so while I was at the hospital I saw a doctor that I know very well,  Dr Mahlati, I related the whole story to Dr Mahlati and I showed him where they put Mzimkhulu.  He promised to come back to me at the earliest moment he could and when he came back to me he told me that Mzimkhulu has passed away.  Now in  the car I was with my wife who is a sister to Mzimkhulu,  my wife's eldest sister, my wife's brother.
And all of them I could - I could see when I brought back the clothing that none of them had a picture of the fact that their brother had died.  So I was the only one that could tell them the story at that stage.  So I felt that  - I  really felt scared to tell them the truth that their brother passed away.  I just put the clothing in the boot and they asked me how is his condition.  I said no I'm told that we should come back at 300, I felt very guilty when they showed some relief in their faces that each one said I wonder if he had died, who would contribute to his funeral, where would the  funeral be held and how would we take his body home and all such statements.
Then we rushed home because they insisted on phoning the mother.  When we got home I told them that I'm going to buy a pack of cigarettes.  And I started to wonder now  who I should call to come and give the message that the brother has passed away.  So I went to my church,  I asked about three elders to assist me, they advised me to start first at the police station to  check if the statement has been laid.
When we got to the police station, they - I went in alone and I was told that we already know about last night shooting, don't worry we will call you when we need to.  I said maybe then there might have been more shootings in  Site B  which one specifically are you referring to.  And I was told that if I'm not looking for trouble I should leave.
On that stage I left I went to my place where the whole family had already gathered, the elders came in and they told my family that since it's towards Christmas they are visiting all families to make Christmas prayers.  Then my family gathered from the prayer that Mzimkhulu had passed away.  And even then we were still left with the burden of informing the mother plus the burden of knowing what to do with the body.
So we approached the Mahlubi Undertakers, Mahlubi Undertakers did accept us but after a day or two they told us that the only favour they could do for us was to bury the body otherwise the  police have insisted that they are the only ones to  get in contact with the family in as far as the death certificate is concerned. 
We were prepared to bury , was it the same week, I am not sure whether it was the same week or the following week.  But as we were making I again went to the undertaker then he told me that the police were there and they said anybody who is looking for the death certificate should leave his name, address and the telephone number.  And I was just unsuspecting and I left my particulars there with the undertaker.  
But on the day before we took the body to Pearston, the undertaker want me not to look on the death certificate anymore then I started  becoming suspicious but he told me that's the only message I can give you, forget about it, bury your body.  Right we were assisted, the funeral went on and everything went well.
A little while later I'm not sure whether it was April or May, three or four months thereafter  we were called into an inquest.  The letter came by post to my address, to - we were called to Mitchell's Plain Court.  At Mitchell's Plain we were showed which Court it was on the ground floor.
When we went there I was accompanied by my wife, we were told to sit on the passage and on the letter it was insisted that we should be there before nine o'clock.  And the bottom part of the letter said attendance was not compulsory.  And this attendance that is not compulsory, I first phoned in - into that Court to ask them whether - do they think that somebody could be given permission from work to be absent from work if it says attendance is not compulsory.  Then they said we can always write to you and tell you what happened.  
Nevertheless we were made to sit down in corridor at nine o'clock to await our turn to be called into the inquest.  Around about lunch time, a white lady who I think was a prosecutor, because at that stage we couldn't have a lawyer - we couldn't - I just couldn't hire a lawyer because I was the only one that was - I mean - I was the only one that could afford that is together with my wife,  to bury the body to do almost everything.
So we just didn't have money to - for a lawyer and the Legal Aid told us that look you are above the bread line, you can't get a lawyer.  Because we were told to bring our pay slips at the Legal Aid and the pay slips shows that - we were told that we are in a high income bracket.  You earn more than a black man  is suppose to.  In any event we waited up until lunch time, at lunch time I asked that lady as they were coming out of Court whether we haven't been forgotten or whether our - when is our case is coming.  Lady said I'm not sure but it seems it's over,  but I'm not sure.
In any case come after lunch.  We waited then until two o'clock, and then on seeing that we were not called we just went in.  The lady spoke with another gentleman not the Magistrate on the bench,  I think it was somebody, a Court orderly or somebody who wanted to take us out.   He told them ons kan maar sommer nou-nou klaar wees met julle.
Right, I was called into the witness box, Magistrate told me that nobody was to be found guilty, nobody is liable for the death.  Now it seems to me on that day, he said very fast in a manner that I couldn't understand.  Then when I asked the Court orderly again if the Magistrate could repeat himself, he told me dit is klaar.

DR RANDERA: [indistinct]