Human Rights Violation Hearings — King William's Town — 1997-05-13

CHAIRPERSON: Wellington Tyakume.

MTHUNZI WELLINGTON TIBI TYAKUME: (sworn states)

REV XUNDU: Mr Chairperson, he has been properly sworn in.

CHAIRPERSON: Mr Sandi?

ADV SANDI: Thank you Mr Chairperson.   Mr Tyakume, you are from Dimbaza, is that so?

MTHUNZI WELLINGTON TIBI TYAKUME: Yes, sir.

ADV SANDI: And you are going to talk about your son, Dumalisile sydney Tyakume?

MTHUNZI WELLINGTON TIBI TYAKUME: Yes, sir.

ADV SANDI: How old was he?

MTHUNZI WELLINGTON TIBI TYAKUME: He was 20.

ADV SANDI: According to your statement he was shot dead.

MTHUNZI WELLINGTON TIBI TYAKUME: Yes, sir.

ADV SANDI: When did this happen?

MTHUNZI WELLINGTON TIBI TYAKUME: The 27th of September 1977.

ADV SANDI: Who shot him?

MTHUNZI WELLINGTON TIBI TYAKUME: Warrant Officer Mayekiso.

ADV SANDI: What was happening in Dimbaza at that time?

MTHUNZI WELLINGTON TIBI TYAKUME: There was a rally, a students' rally.  The children were boycotting classes.  Police were called in in King William's Town.  They were forcing the children to go back to class.
 The children ran around the township, trying to escape the police.  It was break time at about eleven o'clock.

ADV SANDI: Did the school children have complaints?

MTHUNZI WELLINGTON TIBI TYAKUME: No, there were no complaints.  It was the Steve Biko boycott.  Steve Biko had just passed away, it was shortly after that.

ADV SANDI: According to your statement, there was a complaint about children being taught in Afrikaans.

MTHUNZI WELLINGTON TIBI TYAKUME: Yes, that too.

ADV SANDI: Tell me all about it.

MTHUNZI WELLINGTON TIBI TYAKUME: Well, I can't remember well.  I am going to lie to you.

ADV SANDI: As an elderly man, respected man, you forgot?

MTHUNZI WELLINGTON TIBI TYAKUME: Yes.

ADV SANDI: Were they not saying that they should not be taught in Afrikaans any more?

MTHUNZI WELLINGTON TIBI TYAKUME: I can't remember well, it is probably so.  You forget when a long time elapses.  It has been 20 years, I don't remember.

ADV SANDI: Was Warrant Officer Mayekiso arrested?

MTHUNZI WELLINGTON TIBI TYAKUME: No, he was not arrested.  I had to go to Unit 10 to talk about this.  We went there two days.  I am talking about Zone 10, the Magistrate's court.

ADV SANDI: What happened there in court?

MTHUNZI WELLINGTON TIBI TYAKUME: Magistrate Marais with Noqaba  did not get any leads.

ADV SANDI: Therefore nobody was charged?

MTHUNZI WELLINGTON TIBI TYAKUME: No one was charged, no one was found guilty.

ADV SANDI: Did you have a legal representative for advice?

MTHUNZI WELLINGTON TIBI TYAKUME: No, not at all.  We just buried our child and that was that.

ADV SANDI: I noticed that when the statement was taken from you, Mr Tyakume, when you were asked if you had any requests, you said that the Commission will see what it can offer.

MTHUNZI WELLINGTON TIBI TYAKUME: But I need some form of compensation.

ADV SANDI: Is that all Mr Tyakume.

MTHUNZI WELLINGTON TIBI TYAKUME: I have nothing to add.

ADV SANDI: Do you see Mr Mayekiso around Dimbaza?

MTHUNZI WELLINGTON TIBI TYAKUME: I saw him once, I don't remember which year it was.  His home is in Dimbaza.  I was still working at that time, I had not pensioned, this is before 1987.

ADV SANDI: He no longer works there?

MTHUNZI WELLINGTON TIBI TYAKUME: No, he had just gone home in Dimbaza.  At the time he was working in Zwelitsha.

ADV SANDI: Thank you Mr Tyakume, I will hand you over to the Chairperson, thank you.

JUNE CRICHTON: Can you hear me Mr Tyakume.

MTHUNZI WELLINGTON TIBI TYAKUME: I hear you clearly.

JUNE CRICHTON: That's good.  I wanted to find out from you about something that is in your statement where it says that there was one Mthunzi Tyakume who was actually an eye-witness to the event, is that correct?

MTHUNZI WELLINGTON TIBI TYAKUME: Yes.

JUNE CRICHTON: And yet you are saying at the inquest they decided to find nobody liable because there was a lack of evidence.

MTHUNZI WELLINGTON TIBI TYAKUME: That is so.

JUNE CRICHTON: Was Mthunzi at the inquest?

MTHUNZI WELLINGTON TIBI TYAKUME: I was there.

JUNE CRICHTON: Thank you.  You are Mthunzi, I am sorry?  I see that they have put you down as a witness as well as being a deponent, thank you.  Thank you.

MTHUNZI WELLINGTON TIBI TYAKUME: It is I.

MS MAYA: Mr Tyakume, I just want to ask one question for clarity because we did meet and talked.  You said that Dumalisile was your first-born?

MTHUNZI WELLINGTON TIBI TYAKUME: Exactly.

MS MAYA: Therefore if he was still alive, you would be leaning on him quite a lot?

MTHUNZI WELLINGTON TIBI TYAKUME: That is exactly how it is.

MS MAYA: Therefore you said to the Commission that when they meet your needs, they must have in mind that this was your first born child?

MTHUNZI WELLINGTON TIBI TYAKUME: Precisely.

REV XUNDU: Thank you Tiny.  Thank you Mr Tyakume for the evidence that you brought before us.  We all know that the police at that time did as they pleased, they were the law.
 We trust that as we are going to take these requests before the President, at least some of your needs will be met.
 Thank you sir, we hope that at least some of your pain has healed.

MTHUNZI WELLINGTON TIBI TYAKUME: Thank you sir.