Human Rights Violation Hearings — Mmabatho — 1996-07-08

MR RANDERA: Mr Chairperson the next person I would like to call is Martha Yakwe.  And I would also like to call George Yakwe.  Is he not here?  OK.
 Mrs Yakwe welcome.  It has been a long day for you.  I know you left Vryburg in the early hours of this morning.  I hope we won't be keeping you for much longer.
 I see you have someone with you this afternoon.  Will you please introduce her to us as well?

EDWIN B MOLAOLWA: She is Paulina Yakwe.

MR RANDERA: I welcome her too.  Can I just ask you to stand so that you can take the oath?

MARTHA YAKWE: (sworn states)

MR RANDERA: Mrs Yakwe, Joyce Seroke is going to be leading the questions and I will hand over to Joyce.

MS SEROKE: I greet you Mrs Martha.  You said the woman next to you is Paulina.  Is the related to you?

EDWIN B MOLAOLWA: She is my daughter.

MS SEROKE: Is she the mother of Joseph?

EDWIN B MOLAOLWA: It is Joseph's aunt.

MS SEROKE: You are going to tell us a story about your grandson, Joseph, who was shot and killed by the police in October 1990.  Can you briefly tell us Joseph's story.

EDWIN B MOLAOLWA: I want to tell you the story that happened on the 19th of October.  It was at night while we were still
MMABATHO HEARING TRC/NORTH WEST
2 M G YAKWE
asleep.  It was on a Thursday night.   While sleeping, it 
was between half past two and three o'clock we heard noises and whistles outside.  When they approached we heard them saying, George cannot just die like that.   George is his uncle and he wanted to woke Joseph.  He wanted him to be up.
 When I heard my children's names I said to my husband, did you hear that, they are saying Joseph cannot just die like that.   And then we peeped through the window.  I first woke up and when I peeped through the window I said, no, this is something terrible.  And I quickly withdrew because I was scared.
 The police Hippos and everything was parked outside.  Now, I have to tell you the truth.  Joseph's death was caused by this whole thing, about his uncle, because when it was light we asked Mr Thebe and them what happened and then we were told that he had been assaulted. 
 Mr Thebe gave us the whole story, because they were together.  And then we asked him.   Now the death of my grandson was  caused by the assault.  I cannot say anything about the shot that went off.  I can't say who shot him.   
 When it was light we went to the hospital.  I asked Mr Galeng to take me to the hospital, because I wanted to see - because he was going to be sent to Kimberley.   We only met the ambulance on the road.  There wasn't a way they could stop the ambulance.  And they opened and I could see him.  He was so swollen.  He was full of blood.
 And then we went back home.  While still at home the police came in large numbers, heavily built policemen.  You know, you were supposed to be scared of them, yes.   
His little sister came home, you know they were running - scared of this sound.  And she came and she said to me, do MMABATHO HEARING TRC/NORTH WEST
3 M G YAKWE
you know that Joseph had been shot?   Because I was still troubled with what I have seen with his uncle I was troubled I said I was now finished, this was going to kill me.  
 Mr Galeng took me the hospital again, because we had to see the one that had been shot now.   After telling us the news he told us that he had been taken away and he was now at the hospital.   Then we went to the hospital to see him.   On our arrival I was together with his aunt here, and Madidoko said that there is no help that we could offer him.   Now the next morning while he was still at the mortuary we found that the police were also there.  When we opened the door they pushed themselves into the house and he said, do you have petrol bombs in this house?  I was worried, and said which petrol bombs.  The one next to me, our next door neighbour answered them,  they said don't you have petrol bombs because they belong to you.  You know we saw daylight, so many things were thrown.  They have been throwing these teargas to us throughout.  They didn't have any mercy.    We were faced with two corpses but because God is so great he helped us that his uncle could raise.  
 We went to the charge office.  Those children was sleeping together and other corpses of his friends had his tongue protruding outside.   He was so grey in colour.  He was handcuffed like jailbirds and that made us very sick.
I don't have any other evidence than what I have said.

MS SEROKE: This is a very sad story.   While you were still on your way to see George at the hospital and when you came back home you were told that your grandson was dead.  Can you please tell me Mrs Martha, George and Joseph were they members of any political organization?

EDWIN B MOLAOLWA: Yes, they were members of the ANC.
MMABATHO HEARING TRC/NORTH WEST
4 M G YAKWE

MS SEROKE: Joseph, our grandson, how old was he?

EDWIN B MOLAOLWA: He was in born 1968 and they killed him in 1990.

MS SEROKE: Was he schooling?

EDWIN B MOLAOLWA: Yes, he was schooling.   He would be working for me at this present moment.

MS SEROKE: Now his uncle, when they assaulted him and took him to hospital what was he doing at that time?

EDWIN B MOLAOLWA: He was just passing together with Mr Thebe.  Because I was not there I don't know what happened but he said he was called and when he went to see him they started assaulting him.   If God did not want a person to die a person would never die.

MS SEROKE: We are very sorry that George is not here.  Because in his statement he mentioned the names of the police who assaulted him.

EDWIN B MOLAOLWA: Yes, I think it is true because I told you that when I looked at him in the ambulance I just saw a corpse.    They even came to the house to search.   He had been shot and the next day they came to search the house.

MS SEROKE: Did they find anything after searching?

EDWIN B MOLAOLWA: No, they were just laughing.   And then we realised that they were making a joke out of this.  They were asking us what would we do.  They were playing with our feelings.

MS SEROKE: Did you have witnesses in court?  In your statement you say that you took this matter to court but nothing was done.  Were there people waiting for you there?

EDWIN B MOLAOLWA: Yes there were witnesses, but I can't remember their names, because I was also going to the court just as a listener.  Because everything happened in my absence, I wasn't there, I did not see it with my own eyes.  I just MMABATHO HEARING TRC/NORTH WEST
5 M G YAKWE
wanted to go and listen to what happened to my son.   
 And to show that these people were ignorant.   A boy who was with him stood up and he explained that they were running away because they were scared of them, and thereafter when Mr Galeng was supposed to stand up because there were two of them with Mrs Pamela when they stood up we were told that the court was finalised.   It was because we did not have witnesses and then we were shocked, whether people did not see this.

MS SEROKE: Did you have a lawyer?

EDWIN B MOLAOLWA: Yes, we had a lawyer.

MS SEROKE: Do you remember the name of the lawyer?

EDWIN B MOLAOLWA: No.

MS SEROKE: So you are staying with your children.  With whom do you live?

EDWIN B MOLAOLWA: I am staying with my grandchildren and with my husband.

MS SEROKE: We have listened to your story.  I will just find whether I have any further questions.

MS SEROKE: I just want to find out, while you were in this time of trouble, were there people supporting you, giving you advice, telling you to get yourself some lawyers?

EDWIN B MOLAOLWA: I have explained that I had a lawyer but I don't have the name.  I just saw a person and I was told that person was the lawyer.

MS SEROKE: I was referring to the your family or just friends.  Did you get any advice from people?