Human Rights Violation Hearings — Umtata — 1996-06-19

MALOLO GILIFISI JWAAI: I think I should state this. I have a daughter who is a sister to Thembalethu. She was attending school
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there.  This is the report that I received from her.  She states that as usual Thembalethu went on duty because his shift was from six to two in the afternoon.  When he came back from work there was a van with one policeman. This person said, this person was light in complexion and he was bald.  Then I cannot remember his name.  This person said to Thembalethu I have come to fetch you so that you can go to work.  He was reluctant do go, but in the end he did agree to go together.  That is the last time when Thembalethu was seen.  Days passed and then they didn't hear anything about where Thembalethu is.  
 There were two policemen who came and reported that Thembalethu was shot dead and then the van in which he was travelling was burnt out.  They said please give us somebody who can accompany us to go to his father, because we do not know where to locate his father.  Fortunately there was somebody who was able and prepared to escort them. Then I received these bad tidings.  I was given the information that the van was also burnt out.  Then I said I will go to this place where he used to stay. I was ordered to go to the mortuary.
 The following day I went to the mortuary. When I got there I was ordered that I should identify bodies.  During this period I could see that his body was already spoilt and then there was only a skeleton left. I couldn't identify him because it was only the skeleton which was there.
 I had previously been to one of the persons who was keeping guard.  When I thought over, I could realise that for any person there is something with which you can identify him.  You know, the teeth of a person, it is not easy for the teeth to be burnt also.  So I called this 
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person and said please come and be here with me.  Then I identified him with his teeth and then I signed for his body.  Then I received the death certificate.
 Thereafter I went to the scene of the accident.  When I got there I could find ashes but there was no van.  This was a surprise to me.
Then I tried to think of what I can do. I am not familiar with the police. I am not famliar with any people and at times we would see the police, who covered themselves with blankets and rugs.  We would see people who would say they are afraid.  The place was not a happy one to be in.   I was able to see everything in this document.  When I looked through the document I see also a van. There was a red car next to the van, and I saw this in the photograph.  Apparently this car is the one which did this evil.  I have the document here with me. I keep this in my suitcase.  
 Ever since I got it I never knew that there would be a Commission, but God helped me that I should be wise enough to keep these so that I can refer always.  You can see the van, it is charred.  There is a car just next to it, it is a red car and I think the occupants were the people who did the evil to my son.
 Nobody knew about this car and it was said the people who did this, they ran away. Then there was somebody who came to say it was stolen and he had reported the car theft to the police.
 Commission, I can state that, I can give you a clue and this could help you.  Please go to the police who arrested him, who came to fetch him for work. He is the one who could give you information about all the details of what happened that day, because nobody knows what happened.
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 I know sometimes, even if a policeman is off duty, he is fetched when it is necessary.  But there is no explanation of what was happening, why was he called back.
 I went to see the sergeant who signed for the van, so that it can be issued to come and collect him.  But you could see that nobody was prepared to give me much information and details about what happened that day.
 I think you can realise that I am old now.  Even if I pause you must not be offended by that.

ADV SANDI: Mr Jwaai, the document or the paper that you have given to us now, was it the Daily Despatch?

MALOLO GILIFISI JWAAI: Yes, it is.

ADV SANDI: Without evoking any pain from you when we revive what happened.  But when I look in your statement, you state that the people who attacked him, took the person and put them at the back of the van, locked it up and then burnt them whilst they were inside?

MALOLO GILIFISI JWAAI: Yes, I am just estimating, it is now my presumption. I saw the van that it was closed.  Usually the van is not closed, it is kept open. But when you look at the paper you could see that there was somebody who closed it.

ADV SANDI: Were there people who were arrested or any suspects about this?

MALOLO GILIFISI JWAAI: Yes, I heard rumours that some people, there were people who were arrested, but this was never reported to me directly.  It was said those suspects were released.   Please bear in mind that I am talking about hearsay.  There were three people and then they were given bail of
R1 000,00.

ADV SANDI: Did you get a full report from the policemen as the people who experienced this? Were there any messages or
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any report about the court case?

MALOLO GILIFISI JWAAI: No policeman ever came to us. I don't have any information about the police who might have come and reported what happened.

ADV SANDI: Did you ever go to court?

MALOLO GILIFISI JWAAI: No, I didn't.  It is just that the rumours that I heard.  I was never offered an opportunity to attend the court hearings. I could see that there was no direction.

ADV SANDI: In other words you say the case was never continued?

MALOLO GILIFISI JWAAI: Yes, I am saying so.

ADV SANDI: When last did you go to the police?  Or did you ever go to the police to find out about the proceedings?

MALOLO GILIFISI JWAAI: Yes, I did.  When the Commission was in East London I went there to find out if I could get some money, because I was never compensated for what happened.  I was informed that he was resigning from the police and I was informed that he couldn't get any benefits.  Then I could obtain this card that he said that he was going.  There is his signature. Then I couldn't do anything further, because it was him who said he was going out, so he cannot get out.

ADV SANDI: This document that you have with you now, would you like to leave it with us?

MALOLO GILIFISI JWAAI: Yes, I would like that to happen.

ADV SANDI: Do you have any further information that you think that you could give us?

MALOLO GILIFISI JWAAI: Yes, that is all I can say, but I have an appeal to make. I would like the Commission - I would like the investigating unit of the Commission to establish this:  I would like to find out that even if he was resigning from work, we would like to find out what efforts did they make
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for his death, to compensate for his death. As I am here I boarded a Kombi to Butterworth.  Should anything happen that I am in an accident, I know that the family would make me to get a third party or whatever.  Compensation that I can get.  If you have any reasons then as a person that you cannot request anything, then there are times when you are also called in by the authorities to state that the people should come forward and present their cases so that they can be compensated or get something. I would like to be assisted also with this money. I would like to go to this section which can assist with the compensation.

ADV SANDI: I am interested in what you are saying now, because I can understand that you also know the legal issues.