Human Rights Violation Hearings — Ermelo — 1997-05-22

PHUMZILE VILAKAZI: He was just  fresh from prison so he was not working.

THOMAS MANTHATA: And having come out of prison did he affiliate to any of the community organisations at the time ?

PHUMZILE VILAKAZI: No, he was not involved in anything that took place in our area.  No political organisation or a gang.

THOMAS MANTHATA: So, now you are left with how many children Sylvia ?

PHUMZILE VILAKAZI: Three.

THOMAS MANTHATA: Three.  These two were the eldest to those that are still with  you ?

PHUMZILE VILAKAZI: Yes, they were.  Fanie was my first born and Dingane was my second borne.

THOMAS MANTHATA: Okay.  No further questions.

MR LEWIN: Thank you.  Any other questions ?  Doctor Ally ? Doctor Randera ?

DR RANDERA: Mrs Vilakazi, I just want to follow up on what you said.  That the police were not interested in taking a statement from you.  Is that right ?

PHUMZILE VILAKAZI: Yes, they didn't pay attention to what I was saying when I went to report the matter.

DR RANDERA: But did they take a statement ?

PHUMZILE VILAKAZI: No, they didn't even want to write anything down when I reported it.

DR RANDERA: And when your  lawyer, Mr Prinsloo, approached the matter, what was said by the police ?

PHUMZILE VILAKAZI: He never related to me as to what they told him but he told me that he was taking the matter further.

DR RANDERA: Now, Fanie died almost five months later.  Is that right ?  Oh, sorry, two and a half years later.  Can you tell us what he died of ?

PHUMZILE VILAKAZI: Ever since he was shot by Njomo, he was sickly and he had these sores that could not be cured.

DR RANDERA: So it was a direct complication of the shooting as far as you understand it ?

PHUMZILE VILAKAZI: Yes, it was a direct complication because the bullets were not extracted from his body.  He remained with the bullets until he died.

DR RANDERA: Can I just come to Dingane.  Dingane died the next day as you say in your statement, from the shooting.  Was there an inquest ?  Was a post- mortem done ?

PHUMZILE VILAKAZI: I was never told but they told me that he was dead on arrival.

DR RANDERA: So you were just given a death certificate by the hospital.

PHUMZILE VILAKAZI: I was never even given the death certificate.  They told me that he had been sent to Johannesburg and I phoned my brother to find out more and when we phoned the Johannesburg Hospital we were told that he was dead on arrival and we went to Mashilwane, the policeman who shot him and we asked him to fetch him from Johannesburg because we did not have money.  He asked me, if he was the one who was shot, would I have gone to fetch his corpse ?

DR RANDERA: Thank you Ma'am, I have no further questions.

MR LEWIN: Phumzile, thank you.  I'd just like to if I may to ask one or two questions myself.  You mentioned that Dingane was shot at his uncle's place just after he was released from detention.  Can you tell us how long he'd been in ... (interrupted) ... sorry.

PHUMZILE VILAKAZI: At my uncle's place, not his uncle's place.

MR LEWIN: Your uncle's place.  How long had he been in detention and why was he in detention ?

PHUMZILE VILAKAZI: I wouldn't know because I didn't even attend the case.

MR LEWIN: But was he actually charged then, when he was taken into custody ?

PHUMZILE VILAKAZI: I don't know why he was arrested or what he was arrested for and what he was being charged for.  I decided that I was not going to attend the trial because I wanted to disassociate myself with any criminal acts committed by my children.

MR LEWIN: So you don't think that there was any political connection ?

PHUMZILE VILAKAZI: No, I have no idea.

MR LEWIN: Do you now how long he was in detention ?

PHUMZILE VILAKAZI: I do not remember.

MR LEWIN: Mrs Vilakazi you story is, I mean, you have seen the death of your eldest son through both of them they've, I mean the paid and the suffering that you have had, particularly in Fanie's case where he came home and he was in a wheelchair as you described and didn't get better.   He went back to hospital, was then brought home again and died.  So this must have been two, two and a half very terrible years for you.   Then Dingane's death itself was so, it seems to be so senseless and so cruel that there he is sitting, he asks a question of someone who is in authority who takes out a gun and shoots him.  This must be, for a mother it must be a very dreadful thing to bear and we certainly are with you in that.  We will certainly follow up, through the lawyer that you have mentioned.  There's so many questions that your story raises and there must be questions that are with you all the time.  All I'd like to say is that we express our sympathy to you for that.  We hope that the community and the rest of your family will also stand with you and support you and we thank you very much for coming to-day.  Thank you.