Human Rights Violation Hearings — Grahamstown — 1997-04-09

CHAIRPERSON: We will now call Nozipho Eunice Siyona.

REV XUNDU: Mr Chairman, with your permission I would like to swear the witness in.

NOZIPHO EUNICE SIYONA: (sworn states)

REV XUNDU: Thank you very much.  Chairperson, the witness has been sworn in.

CHAIRPERSON: I thank you.  June Crichton.

JUNE CRICHTON: Thank you Mr Chairperson.  Could we have the earphones please?  Mrs Siyona, can you hear me?

NOZIPHO EUNICE SIYONA: I can hear you.

JUNE CRICHTON: You are here to tell us about Phindile Siyona who was an ANC activist who was shot by the police on the 24th of March 1986, are those facts correct?

NOZIPHO EUNICE SIYONA: I am going to talk about someone who was shot in 1992.  About someone and his mother, someone by the name of Kama who was also shot.

JUNE CRICHTON: Could you just wait for one moment Mrs Siyona.  Is Phindile not a relative of yours at all?

NOZIPHO EUNICE SIYONA: That is my child.

CHAIRPERSON: Mrs Siyona, Lulama Kama was also killed on the same day, is that correct?

NOZIPHO EUNICE SIYONA: Yes, they were killed on the same day.

CHAIRPERSON: And what about Nokhaya Lili Madakane?

NOZIPHO EUNICE SIYONA: That is, his name is Xolani Kama.

CHAIRPERSON: Is the matter of Thozamile Swartbooi Madakana something different?  Very well, we are going to ask Zanyiwe Sylvia Kama to come forward.

ZANYIWE SYLVIA KAMA: (sworn states)

CHAIRPERSON: June Crichton will put questions to Mrs Siyona, Tiny Maya will put questions to Zanyiwe Kama.

JUNE CRICHTON: Mrs Siyona, we start again then.  Would you then in your own words, like to tell us what happened?

NOZIPHO EUNICE SIYONA: Yes, I would.  In 1992, the 24th of the month, I was at home and I heard somebody call me.  I heard a shot while I was at home.  After a few minutes I heard myself being called.  Someone shouted Nowelele, Nowelele, Phindile has been shot.
 We rushed out of the door towards the street and we saw the Stability Unit there and they chased us away as if they were chasing away rejects.  And there were two of these children, one was at the bottom and one was at the top, I could see my one laying on his face and I could see the other one, the Kama boy.
 The Reverend took me and said that we should go.  A policeman stood there for a long time and then they took me back home with - and there were people that sat with me at home and I was informed that he had been taken to hospital.
 Reverend Kotze came and said that the child passed away while he was laying there.  I remained there and I was told that they were going to get an ANC Doctor to conduct a post-mortem and find out what the cause of his death was.
 We were told that he was going to be taken to Adelaide for this to be done.  Then eventually we were told we could go and fetch the child and find a mortuary.  I then found a mortuary and told them that he was going to be taken to the
Newtown mortuary.
 I then went home and Mdanye said that the police were calling him and wanting to know how many people were going to attend the funeral.  I asked God to give me the strength that when the police came to me to enquire how many people were going to attend the funeral, that I was going to tell them how many people there were because I was unable to get close to my child when he was shot.
 Eventually I got my child's corps and I kept wondering how I was going to bury this child, because this all happened so unexpectedly and I did not have any money.  The organisation said no, we will help you.
 Then the Red Cross organisation came and gave me R400-00 and the organisation collected donations for  me from the residents in town and brought me this money which had been collected.  We then buried this child and they were standing in the tarred road and I was given a burial site at the bottom of Dube.
 We conducted the funeral without any incident.  And then there was this Kama boy, he was still alive and then Kama was released from police guard at the hospital and we were told that a trial was going to be conducted.
 The more the trial continued, the more my child's name was, my child was implicated.  And I thought I am not going to attend the trial any more, I remained at home.  Sandi came there when the trial was being finalised on that day, I had not attended court and the Attorney Sandi came to me and he said this Kama child seems to have an Attorney and it has been found that two people cannot conduct a riot.
 A group does that.  So I said to Sandi I don't have any money, God will see what to do.  I am not going to do this
up and down of going to court.
 The person who was charged, was acquitted.  I've got something else, before my child was shot on that Thursday, a guy by the name of Teddy came with the Stability Unit in the casper.  I was at my place, Seslunqa was in the lounge and I heard that it was White policemen and they asked where the mother of this family is and she said that the family was not there.
 This White policeman said that he was coming to make peace with the family and he was told that the family was not there and they left in the casper.
 Long afterwards Nkenke came and wanted to know if Phindile Siyona had been shot, so I said yes and he said that the case is continuing.  And I said how many times is this case going to go on because are you people separating this and he said to me, you are wanted tomorrow.
 I then went, accompanied by some family members to the court and these White policemen came in.  Many of them had a briefcase and we were told that they were talking about Phindile Siyona and the case was postponed when the Doctors in Adelaide was phoned and he told them that he was busy and I think two weeks later, the  matter was heard again and I was told that it was going to be finalised.
 When we went there, the Doctor took the stand and at Attorney by the name of Tabata was representing us.  I think the Doctor must have sent an assistant or something, because I didn't see him.  What satisfied me at that case, was when the Doctor said that the child had died because he had been shot at close range and through his heart. 
 If he had been shot from a distance, he would probably have survived.
 We left and then we were told that the deceased was found guilty of having stoned a casper and that he had a petrol bomb that he had thrown as well.
 And then I went out with the Attorney and said I don't believe what they are saying, even if my child  had thrown this casper with a petrol bomb or whatever, they could just have injured him and he would still have been alive.  And he suggested that I appeal against the matter, I said I don't have any money and I was told to bring the person that was with the deceased.
 I then got - hired a car and went to King William's Town and we were told that Mponyololo must tell us what happened and Mponyololo said that he and the deceased were playing ball in the street.  And he said that while they were playing ball, he went to the toilet, heard shots and when he came out, he saw the deceased laying there and the police was shooting at him as well.
 Mponyololo said when he came to after having been shot at, he was in hospital.  Apparently they had been playing ball outside this house where they were.   That Attorney said to me that Mponyololo says that it is possible that the deceased threw stones at that casper.  It is possible that the deceased threw stones at that casper, but Mponyololo did not see him and in these way these White policemen were acquitted.  There were three of them.

JUNE CRICHTON: Ms Siyona, I thank you for that story that has made it clear to us now but there are some questions that I need to ask you.  First of all, how old was Phindile?

NOZIPHO EUNICE SIYONA: He was 16 years old.

JUNE CRICHTON: And the friend that he was with, that was playing ball with him?

NOZIPHO EUNICE SIYONA: I don't know, his parents will know, I know how old my child was.