Human Rights Violation Hearings — Benoni — 1997-02-05

MS NYOKA: I would start by saying that we as a family, we are grateful to the TRC for selecting our case for today's hearing.   At least this is a chance for us as a family to relate our story to the whole world.
 My late father would have loved to be at this place today, saying whatever I am going to say, but unfortunately got intervened by calling him into the Other 
World, saving him further emotional trauma.   But I know and I believe that wherever his spirit is today, he will be very happy because from where he left off, we continued the struggle to search for the truth behind the killing of my brother.
 First I will give you the background situation before this incidence happened.   My brother, Caiphus Nyoka was an activist.  He was a student activist.  He was a Cosas member from 1984 until it was banned.   At the time of his tragic death he was East Rand coordinator, East Rand Transco coordinator, which stands for Transvaal Student Congress.  And he was also President of SRC, that is Student Representative Council at Mabuya High School.
 Although he was totally opposed to the apartheid policies which he used to challenge publicly, using all venues at his disposal, violence was never his style.   His involvement in educational and local politics resulted in him being hated by those in authority, namely the black local authority, Councillors, the Police Security Forces, but on the contrary he was liked and respected by the community and the students as he was seen as a person who stood for the truth.
 He was detained several times for offenses which he had not committed, but was acquitted in all as well as for the State of Emergency.   He was tortured severely whilst detained in 1985 July and Mr Aza Kachila can testify to this because he was the legal representative then.
 And on this statement I made an additional statement again including the name of one of those who tortured him as Van Eck.   
 We as a family were victimised as well.   Our family 
was harassed by police, daily.  Our home was attacked in 1985 by the then Mayor of Daveyton, Mr Tom Boya.   He even physically attacked me and my father, Mr Moses Nyoka.
 Once a tear gas canister was shot into our house, the 17th of May 1986.   We have evidence here of that canister that was fired into our house.   
 Police raids in our house was now part of our daily living.  Probably this was done to deter my brother from his beliefs, but unfortunately he was a very determined young man, very talented, courageous and altruistic.  
 Equality is what he stood for and equality is what his life was sacrificed for.   
 Particulars of Caiphus Nyoka.   Caiphus was born on the 9th of February 1964.  He died on the 24th of August 1987.  Nature of his death was not natural.  He was shot 12 times by three Security Policemen.   
 This had happened at No 999, Limba Street, Daveyton, which was his home.  Occupation of the deceased:  he was a student doing standard ten at Mabuya High School.  Organisations in which he was involved:  in 1984 he was a Cosas member, and then at the time of this death he was Coordinator for Transco East Rand.
 People responsible for his death:  they were white Security Police, specifically the Supervisor, Maj L van den Berg and Sgt AH Engelbrecht, Sgt J Marais and Sgt Stander.   There were also SAP policemen as well as the black Municipal Police.
 Details of how my father read, I am going to read the statement that was written by my father, almost nine years ago.  At about half past two on the 24th of August 1987 in the morning I heard a noise outside.  I peeped through my 
bedroom window and I saw a lot of policemen, both South African Police in uniform and plain clothes as well as the Municipal Police.   Some police stood guard at the front of the street and many others rushed to the back of the house.  It was a terrifying spectacle and I was very frightened at their movements.   I cannot say what the exact number of the policemen was but they were very many.  They were both black and white policemen and they were armed with firearms.
 I tried to go outside to see what was happening, but I was stopped at the kitchen door.  A white policeman said to me, wat soek julle?   And he was very aggressive.  I was afraid and I went back into the house.   I was watching the police movements through my bedroom window, which faces the street.
 After a while three white policeman armed with rifles entered the main house.  One pushed me back with his rifle and did not say anything to me.  He went from room to room as if in search for something.   
 The policemen did not take anything from the rooms and I do not know what they were looking for.   
 After the search, the police went out.  At this stage there was still a heavy contingent of policemen in the yard and in the street.  
 I remained in the kitchen and a short while later a white policeman entered the house and asked, who could identify the three boys outside.   My daughter, Motashi, said she could and she went outside.  I accompanied her and Motashi identified the three boys.
 The three boys were lying on their sides on the ground between the back wall of the main building and the  out
building.  Caiphus was not amongst this group.  
 There was a lot of policemen moving around and after the identification we were ordered back into the main house.
 Later a white policeman came into the kitchen and asked why I was keeping terrorists and he said I would get into trouble one day.   I replied that I did not do what he was accusing me of and that Caiphus was my son.
 At about ten past four in the morning I noticed a white van arrived.  The police were still present at this stage.   I recognised the van as a hearse, as I had seen this vehicle on several occasions before.
 It stopped in the street in front of my house and four Municipal policemen removed a tray from the hearse and took it to the back of the house.  A while later they came back with a body in the tray. I immediately recog-nised the body as that of my son by the hairstyle he wore.
He was dressed only in his underpants when I saw him on the tray.   
 The body was placed in the hearse which then drove away.  I did not go outside because I was very frightened of the police.
 The police had all left shortly after.

THOMAS MANTHATA: Alegria do not force yourself, if the emotions sort of choke you.  Just relax.