Human Rights Violation Hearings — Queenstown — 1996-07-24

MN NIKANI: (sworn states)

BONGANI FINCA: We now hand over to Ntsikelelo Sandi to question Mrs Nikani.

MR SANDI: Mrs Nikani, by the way you have come to give testimony on your son, Nkosana Nikani was shot by the police.  You said earlier on that this killing happened on the 1st in 1986?

MN NIKANI: Yes.

MR SANDI: Do you still remember how old he was at the time when he died?

MN NIKANI: He was 25 years old.

MR SANDI: What was he doing at the time?

MN NIKANI: You mean the work?

MR SANDI: Yes.

MN NIKANI: You mean where he was working?

MR SANDI: Was he working or was he a scholar or student, what was he doing?

MN NIKANI: He was no longer attending school, he used to be a student at Oxtol and he came back home because policemen were looking for him, because they have said there have been a book that he had taken to school.
 So he came back because of that.  In 1980 they were accused of burning and they were arrested and locked in.  He QUEENSTOWN HEARING TRC/EASTERN CAPE
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was beaten terribly.  When his brother came because he had come because he was arrested, it was at night and he decided to go to the police station to go and see them.  He cried because he saw them that they had been beaten.  His body had marks, he was lifting his hands high because of pain.
 He had marks all over his body.

MR SANDI: Without disturbing you Mrs Nukani, are you now talking about what happened in 1980?  You are not referring to the incident of 1986 of his killing?  Go on.

MN NUKANI: They went out on bail and then they went back, they were sentenced and they were trashed.  In 1985 again they were those disturbances.
 The policemen looked for him because they were accusing him that he was the instigator.  They looked for him and we were all taken and locked in.
 Everyone there in the house, even the children, were locked in.  They woke us up at night and it was extremely cold.  And then we had to cross a river falling into the water, walking to the police station.
 We were kept there until morning and the following morning the Station Commander, a tall policeman Van der Veldt, asked us to get into his office and stand in a row and he said we should hold God - the leg.
 Then I looked up and I couldn't see this God, then he threw an ashtray at me, but it did not hit me because I tried to avoid being hit.

MR SANDI: By the way when you were all arrested in your home, was it because they were looking for Nkosana?

MN NUKANI: Yes, they were looking for Nkosana.  We were not happy because the hippo's would drive round our home, they would come and search our home, they would put light on QUEENSTOWN HEARING TRC/EASTERN CAPE
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the windows of our home.

MR SANDI: Let's go nearer to the day now when Nkosana was shot.

MN NUKANI: On the day Nkosana was shot by the police, I must hand over to my husband to tell you more about that day.

MN NUKANI: The day Nkosana was shot ...

MR SANDI: Could you come closer to the microphone.

MN NUKANI: On the day Nkosana was shot on the 1st of October 1986, Nkosana woke up and went to work, I wasn't working because I was a pensioner.
 He left me behind alone.  Because I had a car, I worked - I repaired my car.  During the day I - there were cars, then Nkosana came and that was the last I spoke to him.
 I was still repairing the car when Nkosana came talking to me, saying look at me.  Look at how Thembinkosikoso has hit me.  His face was torn, there were tears on his face.
 Then he went away.  He came for a short while.  We used to put his food on the table and not close the door for him.
 Then he went away, then there were cars that came and stopped nearby our house.  The first person who came was Dyantyi.

MR SANDI: Was Dyantyi a policeman?

MN NUKANI: Yes, he was a policeman in Sterkstroom.  He had a gun in his hand and said Madiba, we want Matana and he went in into the yard, followed by other policemen who had rifles in their hands.
 On the other side I saw Nyati, one of the policemen who had a gun with him.  Then I was asked to come out of the car and open the garage.

MR SANDI: What did they say they wanted Nkosana for?
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MN NUKANI: At this time they had not stated, they just said they were looking for him.  I then opened the garage door and I was instructed to open the boot of the car that was inside the garage.  I rushed to get the key for the car and opened the boot and they could see there was nothing inside, then they asked me to open the house so as to take him out and they were pushing me with their rifles.
 They instructed me to open the wardrobes too, they looked and checked under the beds and then whilst they were through Dyantyi said if your son comes, please take him to the police station, but if I happen to see him, I am certainly going to shoot him dead.
 I did not say anything and they went away.  I sat on the doorstep, and I was hurt.  Later on I heard some shootings of - then I followed them.  I saw a hippo.  Then I followed them.
 And this policeman did not want anyone coming close and he was laying there on his back.

MR SANDI: What is the name of the police that shot Nkosana?

MN NUKANI: His name was Lennox Dyantyi.

MR SANDI: Is that the same person Thembisile and Lennox?

MN NUKANI: Yes, those are his names.

MR SANDI: Have you ever gone to court to lay a charge against Lennox Dyantyi?

MN NUKANI: I still want to continue with my story until we got to the police station.  When I came nearer the body they did not want me to go close.  Then they ultimately took his body away, then the following day I went there to ask and ask them where was Matana, why had they shot him.
 They said he had been running away.  Then I asked for his clothes, which they did not give to me.
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 They then said I would get his body in Queenstown together with his clothes and before the end of that week, I went to Queenstown and I went to a certain place, I don't know whether it is where they do post-mortem, but according to what I could make out, I think that's the place.
 I wanted to see him.  They said no, you'll get his body only when you are going to bury him and they even told me what day I would have to bury him.
 I asked for his clothes which they wouldn't give to me.  I then went home.  Then I told people there that they had told me when to have his funeral.
 One other day a certain policeman came to my place.  We were about to have a prayer service and then this policeman asked for Pistol Nukani and I said, that's me.
 Then one said, he also deserves to be shot too.  Then they asked me to go outside to talk to them.  There were four of them, three White policeman and one Black.

MR SANDI: Did they go out with you?

MN NUKANI: Yes.  Outside the grey headed man said he was a Sergeant and asked me that I should not say anything, but to accept the orders that on a particular day I should bury my son.
 And when I talked to this Black policeman, he said, no stop him, he must not say anything.  He must keep quiet.  These White policemen kept on looking at me.

MR SANDI: Was it a week day on which you had to conduct the funeral?

MN NUKANI: Yes.  Then the Black policeman asked me to just listen and keep quiet and I did the same.
 Then they told me when I could get the body and so we went there.  They said they didn't want anything.  They 
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asked about busses coming from East London, Johannesburg and so on.  I said I knew nothing about busses.

MR SANDI: Did they tell you why they wanted you to bury on a week day?

MN NUKANI: They said ...

MR SANDI: Did they tell you why they wanted you to bury on the day that they had selected?

MN NUKANI: No, they did not tell me.  They said they did not want people.  If they saw anyone, they were going to put me into trouble.

MR SANDI: And how did you feel?