Human Rights Violation Hearings — Witbank — 1997-06-05

MS MKHIZE: I would like to explain to you about the statements anyone has submitted to the Commission.  We sit as a Commission and scrutinize each and every statement and thereafter which ones to take and which ones should be presented in public.  What is most important, that you should take note of, is that even though you are not called on stage to give your testimony, it doesn't mean that your statement is less important than other statements.  All statements are equally important and we will treat them equally and we'll look at them as much as we've looked at the ones of the people who have come forward to give their testimonies.  The ones who have been found to have been violated will be compensated in some way.
 There are some who may have realized that some groups are welcome to submit their statements as well.  It is not as if we are looking at individuals only.  We are looking at all structures and organizations as well so as to compile our final report next year.

DR RANDERA: Thank you very much, Miss Mkhize.  Mrs Vilakazi, good afternoon.

UNKNOWN: Good afternoon, Sir.

DR RANDERA: Mrs Vilakazi, would you please introduce the people who are with you?

UNKNOWN: Yes, I can.  On my left is my son, by the name of Titos Vilakazi.  Behind me is Mrs Mgumbi.

DR RANDERA: Thank you very much.  I welcome them too.  Mrs Vilakazi, you are taking us back to 1985 as well.  You've come to tell us about Lina Vilakazi, yourself, you were shot and severely injured at the time.  Mr Wynand Malan is going to be helping you as you tell your story.  I just want you to raise your hand to take the oath please.  Miss Mkhize will help you.  Thank you.  You don't have to stand Ma'am, just remain seated.

MS MKHIZE: Mrs Vilakazi, I would like you to take an oath and say, I Lina Vilakazi will give evidence and speak the truth, nothing but the truth, so help me God.

UNKNOWN: (sworn states)

MR MALAN: Good afternoon, Mrs Vilakazi.  Thank you for coming to us.  We have received your statement.  We've all read and studies it.  You will be talking to us about your own injuries and also the circumstances within which that happened in June of 1985.  Please tell us your story the way you would like us to hear it, in your own words.  You are welcome to take your time as we are listening to you.

UNKNOWN: There were police at the offices making announcements through loudspeakers.  They were asking why our children aren't going to school.  We went to the park next to the police station and we were told that the parents should go to one side and the children and students should stand on the other side.  They instructed us, the parents, to sit down.  We did that.  After that they said they need four old women and four old men.  I didn't know that they were staring at me and I was chosen as one of the four women.  When we arrived there, the White man said that our children said we didn't know anything about the struggle.  They were trying to say to the police that we as parents did not know anything about their involvement in the struggle.  I'd say there were four policemen carrying big firearms, some of them were lined up on the highway.  The policemen came and they took all the students from the offices and loaded them in a car and later they instructed us to go to the stadium.  The children refused to go to the stadium but the police insisted that we had to go to the stadium.  The children still refused and the police didn't actually tell us the reason for calling us to the park.  They said they're given us five minutes to disperse.   Before the five minutes were over, they started shooting.  From there I didn't know what happened, I just felt myself collapse and I was taken to the hospital.

MR MALAN: Thank you very much, Mrs Vilakazi.  We have a few questions that we would like to put to you to get a better understanding and also on some, just a confirmation.  If I heard you correctly, which is not in your written statement, you say that the people were called to Lynville Park by loudspeaker.  Did the police do that?  Was it the officials?  Who did that?

UNKNOWN: The police called us.

MR MALAN: Did they drive around the township with loudspeakers, calling everybody to the stadium?

UNKNOWN: That's correct.

MR MALAN: And then secondly, in your statement you say that they asked you to move from there but you also say, that under the instructions from your children you refused to go to the Lynville Stadium.

UNKNOWN: You mean the stadium?

MR MALAN: Yes.  You say, we were not given the reason and instead we were told to go to the Lynville Stadium and then you say, we refused under instructions from our children.   I'm not sure that I understand that.  I just want to hear?  Do you have any idea what was ... (interrupted)

UNKNOWN: You didn't hear me well.  I said the police said we should go to the stadium and the students refused.  They said, we are not moving to the stadium.  I didn't say, we the parents, but the students refused to move to the stadium.

MR MALAN: Let me just also explain to you that the documents we have before us is in English and we know that you made your statement in Zulu so the statement taker did a translation for us and he wrote it down in English.  That's why we are asking the questions to make sure we hear you quite clearly.  That we know what you were saying.  That's why we're asking the questions.  I'm not attacking what you're saying, I'm trying to get clarity to be very sure about the situation.  We heard you also on the shooting and the police dispersing the meeting.  Do you have any idea why they called you by loudspeaker?  Why you arrive there and they then give you five minutes to disperse?

UNKNOWN: We don't have enough information because we were not informed prior to the announcement.

MR MALAN: Was there no discussion when you arrived there?

UNKNOWN: They didn't tell us anything.

MR MALAN: How long were you there before they ordered you to disperse?

UNKNOWN: It was just a short while.  I think we spent some time there because many people arrived and we were so many.

MR MALAN: Can you tell us the nature of your injuries and the effect it has on you to-day?  Can you just describe that for us in your own words, the problems you are still having because of the shooting?

UNKNOWN: I was so badly injured because bullets penetrated my body from the back, some through my leg and my hands, some through my head, another one went down my chin and went out through my mouth.   I'm in a painful situation because I had to see two doctors each and every month.

MR MALAN: And still to-day you have problems?

UNKNOWN: Yes, I do and everything is very painful.  Last week I had to go to the doctor because I had a problem with my nose.  I can't walk properly.  When I try to walk I feel as if I'm going to fall.  Sometimes when I'm asleep I'm not able to wake up.  It's difficult for me to wake up so I have to stay in bed the whole day.

MR MALAN: In your statement you also refer to a case opened against the police and that a Mr Makobe acted as an attorney.  You also say that you attended the court on one occasion and you don't know what happened since.  Since you've made your statement have you perhaps had any further information on the court case?

UNKNOWN: I went to the lawyers who called us.  Those were the lawyers working closely with the Comrades.  The Father and Pastor from the Roman Catholic Church too us to the court together with the lawyers however, we were not called to testify in court.  We were told to stay outside so I can't say much about what happened.  However, after the lawyers left us they got another lawyer to help us and this second lawyer didn't help much because he just left the work.  These two lawyers were also working with the Comrades.

MR MALAN: Did you get any compensation from the lawyers or from the police, through the lawyers?