Human Rights Violation Hearings — Welkom — 1996-10-09

WITNESS:   I went in all corners trying to get this death certificate.  The person who was responsible to release him from the mortuary promised me that he will be responsible to bring the death certificate because my surname and my son's surname are not the same but when I went lastly he told me that he doesn't know anything and that person is Michael Moshate who stays at Alanridge.

PROF MAGWAZA: Is he still working at the mortuary, Michael Moshate?

WITNESS:   He is self-employed.  He is not working  /at the

PROF MAGWAZA: at the mortuary.  He stays at Alanridge.

PROF MAGWAZA: At the time when he promised you the death certificate he was working at the mortuary?

WITNESS:   He didn't work at the mortuary.  He owns taxis and owned a bottle store again.

PROF MAGWAZA: You also say that no inquest was held.  Is it true?

WITNESS:   There were not inquests at all.

PROF MAGWAZA: Did you report the case to the police station?

WITNESS:   I didn't go to the police because at that time it was difficult for me because I used to go to work all the time and then I didn't want to take the law into my own hands because I still waited for the documents.

PROF MAGWAZA: Have you never heard even rumours as to which of the police shot your son?

WITNESS:   I know the person responsible.  He's a son to Mr Nzugu.  His Sotho name is Diboda.

PROF MAGWAZA: He's a son to Mr Nzugu.

WITNESS:   Yes, his surname is Nzugu.

PROF MAGWAZA: Is he still a policeman?

WITNESS:   He died.

PROF MAGWAZA: Thank you very much, Mama Nelane.  It's quite a very heart-rending story.  This must have been a very hurting experience.  How did it change your life?

WITNESS:  It has affected me badly because I even suffer from nervous breakdown.  My nerves are strained since that time.

PROF MAGWAZA: Your - what's strained?  I didn't hear the last part.

WITNESS:   My nerves were strained as from that time.

PROF MAGWAZA: Did you see the doctor?

WITNESS:   Yes, this month I went to the doctor.  I have the paper with me.

PROF MAGWAZA: What did he say?  What was wrong with you?

WITNESS:   He gave me tablets to take then he said it will subside.   /Has it

PROF MAGWAZA: Has it subsided?

WITNESS:   Since I took tablets it seems it has subsided.  But when the pills are not there it starts again.

PROF MAGWAZA: Are you paying for the treatment?

WITNESS:  Yes, I pay.

PROF MAGWAZA: About how much are you paying?

WITNESS:   This month I paid R40,00.

PROF MAGWAZA: And you said you were just doing piecemeal jobs and only one son was working.  I just want to remind myself.  Is that what you said?

WITNESS:   Yes.

PROF MAGWAZA: Mama Nelane, we have listened to your story.  We're taking note of all what you have said and we'll also try to see how we can help regarding your health.  We'll try to connect you with the Department of Health to see how they can help with getting some free service.  We also note that you lost a son that could have been a breadwinner for you.  We are taking note of all that and we will make recommendations about your case to the State President who'll also make a decision on all cases that are similar to yours.  Lastly, I would like to say that you are a very strong person.  Very few people can survive the tragic death of such a young, young child.  That you are here today to talk about your story, that you are still working and supporting yourself and your other son it shows the strength you have.  We all want to learn from your experience and from your strength.  Thank you very much.

CHAIRPERSON: Is there any other question from the committee members.  Regina?

MRS GCABASHE: We heard you, Mrs Nelane, when you told us about your story which has happened to you.  I heard when you said you would not remember well on that day.   /But don't

MRS GCABASHE: But don't you remember well that except children who were shot on that day, were there no old people who were injured or dead on that day?

WITNESS:   The people were shot again later after our children were shot.

MRS GCABASHE: When you remember, where were they?

WITNESS:   They were staying at Mandela Park.  They were staying a little bit far from our village.

MRS GCABASHE: I was asking this because I wanted to know as to whether ... (incomplete)

WITNESS:   In the area only these three people were  shot.  They were the first people to be shot on that day.

MRS GCABASHE: I thank you, Ma'am, that we sympathize with you.

WITNESS:   Thank you.

CHAIRPERSON: Thank you very much, Mama Nelane.  We also share your pain.  It is very unfortunate that in many things, not only in the Free State only but in most of the regions, there were some deaths which happened during the celebrations of a new day, a new dawn celebrating the release of Nelson Mandela who has made such a great contribution to our country in terms of peace and reconciliation, that these people could not see a part of a new rainbow nation.  As Professor Magwaza's already stated we shall try to get the death certificate which you never received and also to take some of your concerns, especially this one which has to do with your health to those who are responsible for the health services so that you don't have to be paying all the time when you yourself does not have a stable job.  Thank you very much for coming to tell your story.  We hope that this is going to help you to begin the healing process when you have told your pain.  Thanks a lot.
/CHAIRMAN
EXCHANGE OF GREETINGS BETWEEN CHAIRMAN AND WITNESS

CHAIRPERSON: Well, we're pleased that you've come.  You were supposed to come tomorrow but by God's providence He has arranged himself the Almighty God that you get a space here because there are some who are late who will be coming very late.  So we have taken this opportunity so that we listen to your story so that when you are here you don't have to come back again to tell your story.  And now before you tell your story we would ask you stand so that you can take the oath, God being your helper.

LEEKO MOLEKE: (Sworn states) (Through Interpreter)

CHAIRPERSON: Thank you very much, Mr Moleke, and the person who's going to lead you in the process is none other than Mr Mdu Dlamini.  He's going to help you to tell your story.  Thank you.

MR DLAMINI: Good morning, Ndade Moleke.

WITNESS:   Good morning, Sir.

MR DLAMINI: Baba Moleke, according to our records you were born in 1927.

WITNESS:   That's true.  That was the 20th of November.

MR DLAMINI: And you are close to 70 years of age now.

WITNESS:   That's true, Sir.

MR DLAMINI: But the incident that you are coming to tell us happened in 1972 when you were about 45 years of age.

WITNESS:   That's true, Sir.

MR DLAMINI: Before we get into that I just want to check on the family.  Are you married?

WITNESS:   Yes, I have a wife and three children.

MR DLAMINI: And where is Mama Moleke?

WITNESS:   She's at home in  Kroonstad.

MR DLAMINI: You did not bring her along to support you as she did when you were in detention?

WITNESS:   I didn't bring her because of ill health and because of lack of funds.

MR DLAMINI: I see.  Could you please convey our regards to her please.

WITNESS:   I'll greet her.

MR DLAMINI: And the three children that you have, what are they doing?

WITNESS:   The other one is working at the railway and the other one was working at Johnson and Johnson and then it was closed and the other one was still a student and because of lack of funds I was unable to let her further her studies.

MR DLAMINI: What was she doing?

WITNESS:   She was doing matric.

MR DLAMINI: What would you have liked her to do had you had funds?

WITNESS:   If she could have passed matric, that's the one who would be able to make a choice of what she would do thereafter.

MR DLAMINI: How old is she?

WITNESS:   She was born in 1966.

MR DLAMINI: And what is she presently doing?

WITNESS:   She's staying at home and looking for work but she cannot find one.