Human Rights Violation Hearings — Heiderveld — 1996-04-25

CASE NO: CT/00505

DR BORAINE: And I call as the next witnesses a Mr Richard Phikani and Madodomzi Kama, I'll just wait until the earphones are in place. I will call upon the next witnesses, Richard Phikani and Madodomzi Kama.  Am I correct in assuming that Mr Phikani and Mr Kama were both be speaking.
Okay thank you very much indeed, I would like to welcome all three of you here to this hearing and once again to express our appreciation for giving time to share with the Commission and indeed with the country.
Some of the things would have been happening so that we can have as best a  picture as possible of the developments in our own country.  I understand that you will be telling us about the death or killing of your brother in law.

RICHARD PHIKANI: Yes.

DR BORAINE: Thank you, could I ask you before telling us your story first Mr Phikani if you will stand please for the taking of oath.
RICHARD PHIKANI Duly sworn states

DR BORAINE: Thank you very much indeed, and  Mr Kama.
MADODOMZI SHEPHERD KAMA Duly sworn states

DR BORAINE: Thank you very much, to assist in facilitating the telling of the story that both you'll be referring to Dr Randera, Commissioner will be leading you as you unfold the story, thank you.

DR RANDERA: I am going to start with you, welcome [indistinct]

MADODOMZI KAMA: Mother-in-law.

DR RANDERA: To her as well,   Madodomzi if you can first of all tell us something about Mzimkhulu, who he was, where he lived, whether he had a family, brothers, sisters please.

MADODOMZI KAMA: Ja to try and put the whole thing into context I'll first talk - I'll first try and give a picture of where I  fit in personally.  I am married to Mzimkhulu's eldest sister.  And on the very first year of their marriage they lost their father, so in a sense I was treated like a first born or like a father figure.  So originally they're not from Cape Town so the whole - the entire family came to Cape Town through me.
And then Mzimkhulu stayed with us when he dropped out of standard 9 I believe.  He worked and  subsequently he decided to go back to school to do standard 10 at the beginning of 1991.  At that time he was staying with my other sister-in-law while doing his studies.  Then whatever happened on the day I got to know from Richard when I was called to Groote Schuur in the morning.
So we have designed the story in such a way that he's going to tell the actual happenings of the day then I'll take over from Groote Schuur onwards.

DR RANDERA: Okay thank you.   Richard perhaps you can tell us what happened on that day.

MR PAKANI: A day prior 31st November 1991 Mzimkhulu came to me as he is my home boy.  He wanted a venue for a meeting, this meeting was for the students.  Because they were trying to run away from the police at that time and because I know him very well I gave him the venue and that wasn't the first time.
My house is in a hidden place.  The meeting started at 900 or even after 900, around about 12 midnight I was at home.   I wasn't with them because I work,  I heard voices outside, they were arguing they said  this is a house that was  used for the venue for the meeting,  some said no this is not it.
While I was still listening to that somebody  kicked the door -  same I jumped and I went to the front door.  When I got there somebody lighted my eyes and I was thrown to the wall and then they asked is this the venue for the meeting,  I said no.  I saw three men running passed me they went to the room at the back, now that's the room where the meeting was.
In the meantime they were - they kept guide on me.  Now these people had balaclavas on their faces,  they had blue uniform on which was - which belonged to the police.  While I was telling these ones that no this is not the venue for the police, I heard a shooting, I heard cries.   While I tried to find out what was happening one of them grabbed me and said to me no I mustn't go there I must stand here, so I stood.
I wanted to switch off one of the lights, when I tried to switch off the light I was also shot on my leg so I fell.  While I was lying on my back the gun a gun was  pointed on my chest,  they said let's kill this dog. Some said no he's already dead they continued shooting and then they left,  they continued shooting outside.  One of them said this in  Afrikaans, it's only women who are dead where are the men, and they left after that.
I stood up and I went into the room that  was used as a meeting venue.  I wanted to -  I tried to find out what was happening.  When I got in there I met Mzimkhulu going out,  there was a girl who was student, she was part of this meeting and she was pregnant.  She was lying on the ground already dead.  So I ran out trying to look for help,  by this time I met Mzimkhulu he was already outside on the grass I asked him Mzimkhulu what happened to you.  He said no nothing happened to me so I just passed them.
When I  was going to the back yard I wanted to try and wake my neighbour up.  My neighbour approached me then I met Mzimkhulu again he was still in the same place, I asked Mzimkhulu what is going on, he said nothing is going on.  But I was suspicious because he was sitting in the same spots though he was talking to me well,  but he was still in the same spot he couldn't get up.  I tried to pick him up,  I realised that he had - there was blood in his back then I thought he was also shot because he was heavily bleeding.
So the neighbours took us to the Day Hospital.  From there we were sent to Groote Schuur now that's where we were separated.  I tried to call Mr Kama who was a teacher,  I told where I was,  but I didn't tell him what was happening, I just tell - I told him Mzimkhulu and I were here at Groote Schuur.  Then when he arrived I told him what happened.  
After that I couldn't - I didn't see Mzimkhulu again, I was among drunk people and among people who have been stabbed and I was ignored.   I only got treatment around 800 in the morning.  Even now I don't think that all the poison was taken out of my leg because in the mornings I usually get  pains.  Then I was discharged from Groote Schuur and  I went home, I was limping of course it was on a Sunday.   
On Monday morning I went to the police station at Site B where I gave them the statement.  I  told them - they told me that they were  going to be called again, they never did.  Thank you.

DR RANDERA: Thank you very much - [indistinct] you can continue the story now.