Human Rights Violation Hearings — Krugersdorp — 1996-11-13

MRS T T MONTSHIVA: That's how Michael was killed.  I never even found out who killed him.  I just heard that it was just a couple of boys accompanied by elderly men, belonging to the ANC.  My husband was not at home, and when he arrived he was told about this incident.
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 At that time I was just running like a mad person.  When I came back his body, he was there. My husband was there and he told me that the child has been found dead.  We made arrangements to bury me. That was the day I will never forget in my life.  That is the day that makes me hate the policemen, the day of my son's funeral's night vigil.
 The painful thing is that when all these things are being done, and amongst the perpetrators are members of your family as well, you will never forget such things, if your relatives are involved.
 During the night vigil whilst we were still proceeding, these boys came into the yard and we saw people running away.  I was sitting on the mattress and I was told that these boys have arrived. I phoned five times to try and notify the policemen about this.  But they kept on asking me how many are these people.  Whilst I was still trying to phone the police, Robin Mgwana who was my relative was shot outside.  The tent was burnt. It was in front of the house. 
 These people came when Robin was already lying on the ground.  They came in Casspirs. I don't know what were they called.

MR MALAN: May I just ask you.  The people that came in the Casspirs, was this after Robbie had been shot or were the people responsible for the shooting who came in Casspirs?

MRS T T MONTSHIVA: They came after Robbie has been shot. They just came to take Robbie's dead body.

MR MALAN: Thank you.  You did not in your statement to us tell us about Robbie.  Did you say he was your newphew or your cousin?

MRS T T MONTSHIVA: He is my cousin. I did mention that to the statement-takers.
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MR MALAN: Do you know whether someone else made a statement on Robbie, his mother or was he, Robbie,  married?

MRS T T MONTSHIVA: No, I never heard a thing. His wife told me that she will come forward but she never did.

MR MALAN: Is there anything else you want to tell us?  Sorry, we are not getting a translation here from the witness. If you could just repeat the answers or the last two statements of the witness?

MS SEROKE: We missed the victim's first two sentences.

MRS T T MONTSHIVA: On a Saturday after the funeral, when we were going to the Anglican Church, we encountered some problems.

MR MALAN: On the Saturday.  Will you tell us more about that?

MRS T T MONTSHIVA: On that Saturday when Michael was taken to the church on the day of the funeral, that's when the fighting started at church.  The church was burnt in the vestry.   We were escorted by the police to go to the graveyard.

MR MALAN: Mrs Montshiva, would you mind if we ask you a few questions?  The people responsible for the death of Michael, was nobody ever charged, nobody ever prosecuted?

MRS T T MONTSHIVA: They did go to the court but they were acquitted, except for the one who escaped.

MR MALAN: So they were charged and acquitted, you say?  They were found not guilty?

MRS T T MONTSHIVA: Yes, sir.

MR MALAN: So really what hear is that, if I could summarise, that two of your sons were killed.  In both instances people were charged, groups of people and in both instances they were found not guilty?
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MRS T T MONTSHIVA: Yes, sir.

MR MALAN: Mrs Montshiva, we would hope to just get copies of the records of the court proceedings, maybe of an inquest, if any was held.  Really, I mean, what you have been telling us is certainly one of the most difficult stories, I think, to tell and almost as difficult to listen to. We can only hope that you will somewhere find that strength that will carry you through the rest of your life. I am for one also as a father with two sons, pretty sure that I will never make my peace with the loss of two of my sons.  We can only really - I can only pray for you and we will see what more information we can get.  There may be further questions from my fellow Commissioners.

MS SEROKE: Mrs Florence, I don't have a question, but it is just that all these painful things you have told us. You told us about your brother's son Sipho and further more you say that this has upset you, because your relatives were also involved in this.  I just wanted to know as to in this time, in 1996, after so many years, was there anyone who tried to reconcile between you and these relatives that did this painful thing to you?

MRS T T MONTSHIVA: Nobody tried to reconcile us. Nobody tried to reconcile us. Even my brother passed away.  We were not talking. He was just passing my house. My own brother.  We were not talking.  He passed away.  We never even attended his funeral, because we were not sure as to what would happen to us should we attend his funeral.

MS SEROKE: Do you think if this matter can be resolved, will this help you heal in your spirit?

MRS T T MONTSHIVA: Yes, it would.

MS SEROKE: Was this church burnt down because you are a
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member of the congregation?

MRS T T MONTSHIVA: Yes, and it is because Michael's funeral was at that church.

MS SEROKE: Can you give us the name of the present priest at that church and their address, so that we can be able to try and rectify all this, and moreover, amongst yourselves and your family and your brother's family?  If you can just give us the names and addresses.  We know we cannot bring back your sons, but it will be a step forward in comforting you and therefore we thank you.

CHAIRPERSON: Mrs Montshiva, I don't have any questions.  I think Mr Malan has already expressed very eloquently how many of us feel at listening to your story.  I know that you are not feeling well, and again, I thank you for coming. I hope that our counselling services, after you leave here, can provide as much support as possible, not only today but on an ongoing basis.  Thank you very much.
KRUGERSDORP HEARING TRC/GAUTENG