Human Rights Violation Hearings — Balfour — 1997-05-23

RUSSELL ALLY: Could I ask Roselyna Magqagqa to come to the witness stand please.  Good day to you Mama Magqagqa and welcome.   I'll ask Mr Tom Manthata to assist you with  your statement.  Will you please raise your right hand to take the oath.  Do you swear the testimony which you'll give will be the truth, the whole truth and nothing but the truth, so help me God.

UNKNOWN: (sworn states)

RUSSELL ALLY: Thank you, Mama.  You are also coming to speak to us about the bucket protest which we've just heard about and your son Boetie, Enock who was killed during that protest.  I'm now going to hand you over to Mr Manthata who's going to assist you.  Thank you.

THOMAS MANTHATA: Mrs Magqagqa, Roselyna, we welcome you.  Feel at home.  Can you please tell us how you make a living.   Are you working ?

UNKNOWN: I'm not working but I do get a pension from DEBA.

THOMAS MANTHATA: Why from DEBA ?

UNKNOWN: It's my old age pension.  I never got any money from where I was working before.

THOMAS MANTHATA: Have you got any sons or daughters ?

UNKNOWN: I have a son as well as a daughter and my son has got a house in Orange Farm.

THOMAS MANTHATA: And the daughter ?

UNKNOWN: She's also got her own place at Mandla and I'm left with my son who is on my left.

THOMAS MANTHATA: Is your son working ?  The one on your left.

UNKNOWN: Yes, he is.

THOMAS MANTHATA: Can you tell us about this incident when your son Enock was shot and killed.

UNKNOWN: I do not have much to say in connection with how he was shot because I was not present at that moment.  All that I know is that Enock was shot fatally.  I received a telephone call from the hospital that my son was at the hospital.  When I enquired what had happened I was told that he had been shot and he had died.  That's all that I can furnish this Commission with.

THOMAS MANTHATA: Was there never any inquest into the death of Boetie ?

UNKNOWN: No, I've never seen a policeman at my place nor was there any investigation.  No policeman came to my place.

THOMAS MANTHATA: At the time didn't the Civic or whatever group, come to your assistance ?  Looking or seeking defence ?

UNKNOWN: No, the only people who came to me came the following day after the incident.   Afterwards I went to the hospital to find out what had happened and when I got to the hospital I was told that he was at the mortuary.  I went to the mortuary to identify him and I came back home.

THOMAS MANTHATA: On the day of burial, didn't the people who were organizing the marches come to offer help of some kind ?

UNKNOWN: Yes, there were people who came to assist me with regard to the burial and the Comrades were also present and there were also women who might have been from the Women's League or from different societies.  They came to assist.

THOMAS MANTHATA: Could all these people not help you to get a legal defence ?

UNKNOWN: No.

THOMAS MANTHATA: How old was Boetie at the time of his death ?

UNKNOWN: If I'm not mistaken he was twenty eight years old.

THOMAS MANTHATA: So he was working already ?

UNKNOWN: Yes, he was.

THOMAS MANTHATA: Did he have his own family ?

UNKNOWN: No, but he had a girlfriend who bore his baby.  They were not married.

THOMAS MANTHATA: I understand you to say that he was supporting you and the baby and even the lady that he had not married yet.

UNKNOWN: No, he hadn't yet started maintaining his child because we were preparing for a wedding.

THOMAS MANTHATA: So you maintain that you were the only person that he was supporting at that time ?

UNKNOWN: Yes, I could say that because his father had died by then.  The following week Boetie died.

THOMAS MANTHATA: Where was he working ?

UNKNOWN: He was working at Claasen's place.  I don't know whether it's a company or a partnership.

THOMAS MANTHATA: What did the firm do for him ?

UNKNOWN: Claasen bought the coffin.

THOMAS MANTHATA: No further questions, Mrs Magqagqa.

RUSSELL ALLY: Mama Magqagqa, you say in your statement that you don't know who shot your son and you would like to know who shot your son.  According to the testimony of the previous witness and also according to other statements given by people who were also involved in this protest said that the Councillor at the time shot randomly at the crowd who were gathering outside his place and who were protesting and demonstrating.  Did you not hear anything about that ?  That it could have been one of the bullets from the Councillor who was shooting into the crowd, that killed your son.  Were you ever told anything ?

UNKNOWN: No, I never heard anything about that.

RUSSELL ALLY: Did you ever have an occasion to discuss with the previous witness who says that he was together with your son, Mr Mnisi, when this councillor shot at them, Enock Jafta ?

UNKNOWN: No, I've never had an opportunity to speak to him.  This is the very first time that I've heard about my son's death and I thank him for come forward to explain to me how my son died.  It's the very first time that I heard how he died.

RUSSELL ALLY: Maybe we can ask our staff, our briefers later to-day to arrange for you to actually speak to Mr Mnisi just to get more information.  Do you want to say something ?