Human Rights Violation Hearings — Welkom — 1996-10-08

WITNESS:   Yes, that's true.  I didn't take it to the police. Would you perhaps explain as to why you did not report it to the police so that proper investigation could be done?   ---   The reason was that when I discovered about my son's death, it was then that I took him to the hospital.  When you go the distance between our area and the hospital, it's too far and then the report which is there, it doesn't go to the police because I had to tell them, the police, but they didn't want them to follow the case because the person who did this is a person who's always in cahoots with the police.  It was useless to take this case to the police because this man who did this thing, he's a friend to the policemen and this Pakathi has assaulted my child and he's always with the police all the time.

MR DLAMINI: Although the incident took place some time back would you rather want the Truth Commission to make possible follow-up?

WITNESS:   That's how I'd like it to be.

CHAIRPERSON: Just one question.  This Truth Commission is about the witnesses and also an attempt to get the perpetrators so that they can themselves come forward an speak the truth.  There's something very peculiar here when this Mr Pakathi's been described.  It would appear that he was a law unto himself.  What do you think - who gave Mr Pakathi this power just to do anything he wanted to do.  The police could not touch him.  Where does this power come from?  We want to get the source of this power as the Truth Commission.  Can you help us?

WITNESS:  I'm not able to commit myself but the whole township knows what he's done and even the committee knows where he got those powers.  And those councillors should know  where he got those powers but I'm not sure as to whether I will be able to answer that question.  We were not able to find out where he got these powers knowing that the police are there and the government was there and we thought maybe that's the source.

CHAIRPERSON: You thought that the source was the government and the system.  Thank you very much, Mr Nqoi, for telling us your story which is very painful indeed about your son.  You know, when you've got children we always put our hopes to our children that when we get old they are the people who are going to be the pillars to carry on the trends of the family.  (Inaudible) ... we just appreciate that you were very courageous to come forward and again I want to reiterate again what was said by Mdu that you give our love to your dear wife.  We know she must be very much traumatised where she is.  We are taking all these points into consideration and maybe you - for the Welfare one of the committee members said that maybe you need to approach the Welfare people.  I now that it might be very difficult but we have here the Truth Commissioner co-ordinators.  The one I introduced Moses Biso.  Maybe if you've got some problems you'll need to liaise with him to help you.  Even with this medical, what do you call, assistance you have asked for, you need to liaise with Moses and the ... (inaudible) ... sitting here ... (inaudible) ... sitting here so that we can see what we can do.  Thank you very much.

CHAIRPERSON: /CHAIRMAN

CHAIRPERSON: We have already arranged an order here.  We know there're some people who are not here but we've rearranged.  They'll get their chance.  And I think the person who had to come forward now is Joyce Deserire Somogo Modikeng.
EXCHANGE OF GREETINGS BETWEEN CHAIRMAN AND WITNESS

JOYCE DESERIRE SOMOGO MODIKENG: (Sworn states) (Through Interpreter)

CHAIRPERSON: Thank you for coming, Joyce to tell your stories.  Now, the person who will be leading you to tell your stories is Mrs Regina Gcabashe.

MRS GCABASHE: Good morning, Joyce.  We welcome you.  We also thank the effort that you've come before this Commission to come and relate your story as to what happened to you in the past and we want to know as to how you feel about what happened.  We want to reveal the truth.  We also thank you for having come here not on your behalf but as well as on other people's behalf, that is the other victims and we would like to know the relationship between you and the victims.  First of all, what I would like to say to you is I do realise that you have come on behalf of quite a number of victims.  So before we even go further we would like you to explain as to how it came about that you are the one who came to represent these victims.

WITNESS:   I can explain this in this manner.  I was chosen to come and represent all the victims.  We have what we call some society - the community - we come together as a community and take resolutions as to who should represent the victims.

MRS GCABASHE: What is the name of this committee?

WITNESS:    Bereaved committee.  We call it bereaved committee.

MRS GCABASHE: Is it a committee that reached a resolution that you should come and represent the victims.  Just give us a brief background as to who you are, where you come from, how many are you at your place.

WITNESS:   My name is Joyce Modikeng.  I'm Mrs Modikeng's daughter.

MRS GCABASHE: Do you have a father?

WITNESS:   No, my father has since been deceased.  I'm only left with my mother.

MRS GCABASHE: Do you have sisters and brothers?

WITNESS:   Yes, I do.

MRS GCABASHE: How many are they?

WITNESS:   They are four.

MRS GCABASHE: Can you please give us a brief background as to your family?

WITNESS:   There's two of us where I come from then there's two more who grew up at my place.

MRS GCABASHE: Can you please tell us about your own sisters?

WITNESS:   My sister if Jacqueline.

MRS GCABASHE: How old is she?

WITNESS:   She's 23 years old.

MRS GCABASHE: Is she working?

WITNESS:   No, she's not working.  She's still at school.  She passed her Standard 10 examinations and she's presently doing a computer literacy course.

MRS GCABASHE: As well as yourself.

WITNESS:   The other ones are at school.  They are triplets.

MRS GCABASHE: Triplets?

WITNESS:   That is correct.

MRS GCABASHE: Did your mother adopt triplanes?

WITNESS:   No, she did not adopt them but they are my uncles children.

MRS GCABASHE: What are their names?

WITNESS:   It's Maria, Magdalene as well as Joseph.

MRS GCABASHE: How old are they?

WITNESS:   They'll be 12 years this coming month and they're still at school.

MRS GCABASHE: Who's educating them?

WITNESS:   They are being helped  /by the

MRS GCABASHE: by the State.

MRS GCABASHE: All right.  I will not delve much into your family.  Do these victims that you've come to represent have parents?

WITNESS:   Yes, they do have parents but not all of them.  David Mzobe does not have parents.  His parents have since been deceased.

MRS GCABASHE: And who else?

WITNESS:   The other ones' parents are still alive.

MRS GCABASHE: Are the parents still working?

WITNESS:   They are not working because most of them are quite ill.  Some of them are quite old and they're pensioners.

MRS GCABASHE: According to your knowledge how did their children's death affect them?

WITNESS:   I think that they were adversely affected and they ended up having quite a number of diseases.  They suffered from quite a number of diseases.

MRS GCABASHE: What sort or diseases are they?

WITNESS:   No, I cannot detail what sort of diseases they have.

MRS GCABASHE: Now, let's come back to your statement.  You've already told us that they went to join Umkhonto weSizwe.  Can you briefly tell us as to when they went away and what was happening at the time they went to join Umkhonto weSizwe?

WITNESS:   At the time there was a disruption in the schools.  There were school boycotts and they decided the skip the country and go to join Umkhonto weSizwe.

MRS GCABASHE: When you say there was a school boycott, what was happening?  What was actually causing the school boycott?