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

MARY BURTON: Thank you.  And then you said that he had to pay a R1 000.00 and that a relative paid that before he could set free.  Do you know whether that was a fine or whether it was bail.

BEAUTY MTSHAKAZANA: They said it was a bail.

MARY BURTON: Our investigators have followed up your statement and they have been able to find the medical records which confirm what you told us about the bird shot wound in your father's legs.  And they have also told us about the case that was brought against your father.  And they say that in the case, the Judge concluded by saying that it had been a disgrace that the police not only assaulted him, but also arrested and detained him and caused him to be prosecuted on a trumped up charge.  You suggest that you still have some concern about the cause of your father's death.  Could you also tell us when it was that he died.

BEAUTY MTSHAKAZANA: My father could hardly walk, to the extent that he could tell us that, he told us that these things in his feet are troubling him.  There were times when we had to bring him cold water to soak him feet in there.  Because he said that his feet were very hot and the cold water relieved the pain.

MARY BURTON: That was for quite a long time after this had happened.

BEAUTY MTSHAKAZANA: Yes, it went on for some time, because this happened in 1985.  The shooting incident was in 1985.

MARY BURTON: And when was it that your father past away.

BEAUTY MTSHAKAZANA: He passed away in April.

MARY BURTON: This year?

BEAUTY MTSHAKAZANA: Yes, this year.

MARY BURTON: Thank you.  I want to see whether my colleagues have any more questions they want to ask you.

MS SEROKE: Beauty, in your statement here, your lawyer Mr Mpati, he launched a civil claim and there was a settlement of the amount written here, but he's never received it up to date.

BEAUTY MTSHAKAZANA: Yes, it is so. He never got the money.  Did you make means of finding out from the lawyer and what is he saying.

BEAUTY MTSHAKAZANA: We tried to write a letter to the attorney, but it became quite apparent but it happened that he's an advocate now.  He can not help us in this matter.  He referred us to another woman who took his place.  But then this woman claimed that she's got nothing, she knows nothing about the statement and in that way we gave up, because we didn't know who to turn to for help.

MS SEROKE: Thank you.

MARY BURTON: Ms Mtshakazana, we have noted the detail about the claim that you have not received.  I am not sure whether something can be done, but we will investigate to see whether that can be followed up.  We thank you for coming to give us your testimony today and we express to you our sympathy on the very recent loss of your father and of the considerable suffering he had over the years.  Clearly you were close to him and you took care of him, so I hope you will find some comfort in the memory that you did all you could to look after him.  We thank you very much.  I don't know whether there is anything else you would like to say to the Commission.

BEAUTY MTSHAKAZANA: Can I ask one question please.  Having this after this my mother is left alone and I've got my own family.  She's got nobody who is looking after her.  Yes, she is a pensioner, but that's not sufficient what she is getting.  Isn't it possible for the Truth Commission to help in this regard.  To help her as someone who suffered the loss.  I don't have a problem, because I have my own family, because she used to survive with my father's pension as well.  Now she's not getting that income anymore, because my father has passed away.

MARY BURTON: Thank you Ms Mtshakazana, we take note of your request on you mother's behalf.  As I explained before, the Truth Commission itself, does not have any resources to make financial payments or settlements or assistance, but we do have the capacity to make recommendation of what should be done and even where necessary, to take urgent action where people are in need.  So we will take note of your request and see what can be done.  Thank you very much.
BEAUTY MTSHAKAZANA Thank you.