Human Rights Violation Hearings — East London — 1996-04-18

THEMBISA CONSTANCE MGINYWA: We found out that there was a canister inside
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our room.  Again we found another one and after a while we discovered that in each room there were teargas canisters and also on the premises there were others.  We picked up six canisters.  In each room I still insist there were many canisters.

MS MAYA: Was there any damage?

THEMBISA CONSTANCE MGINYWA: Yes there was big damage.  Firstly some of the people were trying to rush out.  There was a stampede and everybody wanted to save his life.  The windows were broken.  The others wanted to hide into the wardrobes.  The wardrobes were broken.  Everything was just broken. The dishes everything, furniture and cutlery was also affected.  It was a pile and pile of rubble.

MS MAYA: On the day of the funeral what happened?

THEMBISA CONSTANCE MGINYWA: On the day of the funeral if I can explain very well I could just - I am glad because on the night of the vigil the hearse was not yet at home.  I am asking myself what could have happened there, so the hearse came in the morning and we were having our funeral and we wanted to go to the funeral at the stadium. There were not many people who were allowed to talk at the funeral because of the order which was brought in by the police.
 Also I can remember that because I was in front there was something which happened at the back.  One of the speakers, Mr Moorcroft who was the Speaker of Parliament at the time, went to the police because at the time everybody knew what was happening, Mr Seboto invited people trying to make information and evidence to be available to give details about what happened during the funeral.  
 When we went around we were going past the school where my child was attending, as I was in front, as I was the 
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chief mourner I saw a terrible sight.  It seemed as if it was at a battlefield because we were surrounded by the police who were heavily armed.  When we went past them then the gunshot fired.  There was stampede again, the commotion and everybody, the cars were unable to move.  The people were also unable to move and everybody was again trying to save his life.
 The teargas was then available.  When we reached that place about a few metres to the graveyard the person who was driving me to the graveyard said we must go back home.  I informed him that I do not care what happens I want to pay the last tribute to my loved one.  I wanted to see where the grave of my son, child was.  So this gentleman, though he was reluctant, he took me to the graveyard.  Some of my family members were unable to go to the graveyard and they had to go back home.

MS MAYA: But the funeral went on?

THEMBISA CONSTANCE MGINYWA: Yes despite all those the funeral could take place.

MS MAYA: Do you anybody who was arrested?

THEMBISA CONSTANCE MGINYWA: What I know, I didn't know what happened thereafter.  Firstly let me mention this before I can answer your question.  When we came back from the graveyard the ministers who were there at the graveyard came home and they were together with Mr Moorcroft to check the extent of damage.  They saw what took place there.  There was a feeling that I should go to the police station to lay a charge.  But before then the case continued and then we were supposed to go to court.

MS MAYA: Did the case continue?

THEMBISA CONSTANCE MGINYWA: Yes.
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MS MAYA: What was the result?

THEMBISA CONSTANCE MGINYWA: It was said the people were acquitted, nobody could be charged. They said because Big-Boy had petrol bomb in his hands, throwing it at people then nobody could be found guilty of the offence.

MS MAYA: Was there anybody who was alleged to have shot him?

THEMBISA CONSTANCE MGINYWA: No, nobody was produced.

MS MAYA: So the person was acquitted because it was said the child was the one who committed the offence?

THEMBISA CONSTANCE MGINYWA: Yes it is.

MS MAYA: I went to Mr Sandi who was a lawyer and then he was together with another lawyer who was a White man.  They promised me that there are no fingerprints, there were bottles which were there as evidence but there were no fingerprints which they could produce to say there were signs of the fact that my son was guilty.

MS MAYA: This one, the case which you sent to the police, what happened to it about the teargas?

THEMBISA CONSTANCE MGINYWA: There was a letter which I received and this letter said the case was closed.

MS MAYA: Was there an explanation of closing the case?

THEMBISA CONSTANCE MGINYWA: No there was no reason and no explanation.

MS MAYA: Was there any follow-up to this?

THEMBISA CONSTANCE MGINYWA: No there was no follow-up to the case because when I went to the police they told me that they were going to get to my house to get the statement, they promised to come.  When they came I showed them these canisters.  I didn't collect the others which were on the premises.  The only ones which I could produce were those which were in the house. They took those teargas canisters and went away.
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They never returned.

MS MAYA: Was that the end of it?

THEMBISA CONSTANCE MGINYWA: Yes that was the end of it all.  What I realised is that when they took it they wanted to remove the evidence so that I cannot have anything to lay a finger on.

MS MAYA: Is there anything else which you would like to say?

THEMBISA CONSTANCE MGINYWA: No, I don't think there is something which I didn't say, which I was supposed to say.  The most important thing which I came here for is I knew that the teargas canisters were taken away and the people who took them they had a hope that I would not have evidence, but fortunately during the period when there was this commotion there was youth group who took photos of everything that took place there.  They even took photos of the canisters and that can be used I believe as the evidence, because even if they have destroyed the canisters the photos I believe they are still there.

MS MAYA: What do you wish as you have appeared before the Commission?  This is my last question, what would you wish as you have become before the Commission, what would you like the Commission to help you with?