Human Rights Violation Hearings — Cradock — 1997-02-12

MZWANDILE JOSEPH DYWILI: (sworn states)

MR SANDI: What is your clan name?

MZWANDILE JOSEPH DYWILI: Mhlatu Jambas.

MR SANDI: Thank you.  We have a statement before us that you have given us that you got injured and also Henry Qatana.  Could you tell us what was happening that day.  The atmosphere at the township as well so that we have a picture of what was going on.

MZWANDILE JOSEPH DYWILI: It was on the 29th of November 1986, we had a party in a room. One of my friends got out just to walk around the yard.  A moment after that we heard a policeman walking around.  Siphithiphithi then walked out of the house also to go and see what was happening.  After we'd walked out we heard a gunshot.  When Henry Qatana also went out to see what was happening we discovered that Siphithiphithi had already been shot and had actually already passed away.
 When Henry Qatana tried to lift him up to bring him inside we heard a voice asking where we are taking him and ordered us to leave him, whereupon someone shot Henry in the head.  I also got out to see what was happening and as I was walking towards the kitchen I got shot in the hand.
 The ambulance then arrived together with police and took us to the hospital.

MR SANDI: Who was shooting?

MZWANDILE JOSEPH DYWILI: We were being shot at by special constables. At the hospital there was a policeman guarding us.  We then sent a report that we don't want him there because we have not done anything. He then left.
 I was discharged after two weeks and the police came to fetch me and sent me to jail.  The third week, after Henry had been discharged, he also was ten to jail. Five of our friends were there already because we were toytoying in the street.  We were in detention for three months before we got released but we had to go and sign the charge office, twice a day, in the morning and in the evening.

MR SANDI: Excuse me is Mike Kob a lawyer?

MZWANDILE JOSEPH DYWILI: Yes he was our attorney who helped us out.

MR SANDI: So you say there are some of those Kitskonstabels that you know by name?

MZWANDILE JOSEPH DYWILI: Vuyani shot at us.

MR SANDI: Vuyani Tyali?

MZWANDILE JOSEPH DYWILI: Yes.

MR SANDI: And the others?

MZWANDILE JOSEPH DYWILI: Bhabhatane, Noppeise and Ncamile.

MR SANDI: Are those people still around in the community?

MZWANDILE JOSEPH DYWILI: Yes they are.  Vuyani however died in Johannesburg.

MR SANDI: Was there a court case because Vuyani had shot people?

MZWANDILE JOSEPH DYWILI: We were acquited then they told us that he was going to be sentenced in Grahamstown.  They just left him to go wherever he wanted to until he ended up in Johannesburg.

MR SANDI: He was not sentenced?

MZWANDILE JOSEPH DYWILI: No he was not sentenced.

MZWANDILE JOSEPH DYWILI: Do you get any compensation from the Government?

MZWANDILE JOSEPH DYWILI: We put in a claim but they did not respond.

MR SANDI: Which attorney did you use?

MZWANDILE JOSEPH DYWILI: Magqabi.

MR SANDI: So therefore if we investigate, we can contact them?

MZWANDILE JOSEPH DYWILI: Yes.

MR SANDI: So therefore you're not working any longer because you're ill?

MZWANDILE JOSEPH DYWILI: Yes the pellets were never removed from my hand and when I work they bother me.

MR SANDI: Do you have children and a wife?

MZWANDILE JOSEPH DYWILI: Yes I do.

MR SANDI: How many children?

MZWANDILE JOSEPH DYWILI: Two children.

MR SANDI: Are they at school?

MZWANDILE JOSEPH DYWILI: Yes.

MR SANDI: What do you think the Commission can do for you?

MZWANDILE JOSEPH DYWILI: Can the Commission help me support my children and educate them please?

MR SANDI: Are you getting any form of disability grant?

MZWANDILE JOSEPH DYWILI: NO I don't get anything.

MR SANDI: Is there something else perhaps that you would like us to look at.

MZWANDILE JOSEPH DYWILI: If the Commission could please help us with the claim that we put with the attorneys?

MR SANDI: Were you a member of any political organisation that the police were so much against you?

MZWANDILE JOSEPH DYWILI: Yes the UDF.  We were all together with Vuyani and them but then they took the job as constables. It was clear then that even then when we were just sitting and having fun it seemed as if we were planning something.

MR SANDI: What were you in the organisation?

MZWANDILE JOSEPH DYWILI: I was just a member.

MR SANDI: I will hand you over to Mr Chairperson now.

CHAIRPERSON: We thank you very much Joseph Dywili, your story was very clear.  We have noted down your requests and are going to hand them over to our President.  That is what we do with requests of all victims who have either been injured, tortured or whose loved ones have passed away.  It is up to the President what to do with the requests.  Thank you.

MZWANDILE JOSEPH DYWILI: Thank you Sir.