Human Rights Violation Hearings — Vryheid — 1997-04-16

WITNESS:   The police arrived at night at about 12 midnight.  They knocked at the door and I asked, "Who are you?"  They said they were police.  I opened the door.  One came in and was looking for a boy who was attending school.  Now, that's  my daughter's son.  My son already had changed rooms immediately.  Now they started looking, searching for him.  They could not find him.  They went outside and they asked me to open one of the rooms outside, and I told - I asked them why should I open.  And the police left.  Two other police came.  Well, they went outside to get one white police, and they were almost breaking the door open, and they shot instantly right in the bedroom.

MR DLAMINI: Go on.

WITNESS:   They left and I went in the room.  I found out that they had already shot him.  I tried to see if there were any signs of vitality and to no avail.  They came back again and said, "This one is dead, and leave him just like that."  And the neighbours came, and the police told the neighbours to go back and leave this family alone.  They called the police to take pictures of the corpse I suppose.  They came and they shot, they took pictures, and asked, "What happened to this boy, for he was working at Checkers?" and they were laughing.  And the police asked, "Why are you laughing?"  And they called the funeral undertaker to come and get the corpse.  Even today the door is still in that condition. Take your time.  We know it's a sad story, and we know you have forgotten some of the things.  (Pause)  As soon as you have regained composure you may go on ahead.  Now the daughter is taking over.   ---   I will ask to say what I witnessed.

MR DLAMINI: No, let's leave the old lady to complete her version, and after that you will take over.  We understand what she is going through so we will take our time.

WITNESS:  They took him, and the following day we went to town, and we were told that he was taken to Durban so the bullets could be extracted.  It was on Thursday when this transpired.  We were told that he was in Durban, and the following week he was taken back here in Vryheid after the bullets were extracted.

MR DLAMINI: May you go on ahead.

WITNESS:   We were all over waiting for him to get back from Durban.  He was buried on Sunday after his return from Durban.

MR DLAMINI: Were any things done during the funeral?

WITNESS:   Yes.  We were disturbed quite a lot by the police, because they came and gave us instructions that there shouldn't be many people attending the funeral, only a certain number.  When we got back from the graveyard on that day they threw tear gas all around, dismissing the crowd.  And also in the bus some were injured, sustained injuries.

MR DLAMINI: Is there anything that happened on that day of the funeral, or perhaps even after the funeral?

WITNESS:   After that the captain came.

MR DLAMINI: Please lift up your voice.  You are not audible enough.  May you be audible.

WITNESS:   The captain came and told me that the case will be carried in Pietermaritzburg, but he never came back to date, and as a result I don't even know how far the case went.  I had never heard a thing.

MR DLAMINI: Ma'am, according to your statement there are attorneys in Durban who were enlisting help to you, who were handling this matter.

WITNESS:   Yes, I also went to Durban quite a number of times to those attorneys.

MR DLAMINI: What did they say to you about the verdict, I mean about the whole thing?

WITNESS:   No, they never said a thing.  All the time we've been there we would not find any of the attorneys.

MR DLAMINI: Now, when was the last time you spoke to the very attorneys?

WITNESS:   It's quite some time.  When last did we speak to them?  It's quite some time.  I think around 1992 or '93.  I am not too sure.

MR DLAMINI: Around '92-'93 that was the last time you went to see the attorneys?  Since then you've never got in touch with them, and the same they also did not get in touch with you.

WITNESS:   We will get messages saying there's a - the case will be conducted in Pietermaritzburg, and we were not supported in any way, financially and otherwise.  We will just get the message that there will be a case, and no one took time to even come to fetch us or something.

MR DLAMINI: Maybe I should ask you to add, or perhaps lay your version of the whole story, especially the things that we ought to know as a Commission.

WITNESS:   On the 19th my brother was off that day.  At night the police knocked.

MR DLAMINI: I am sorry, Lady, please just add on, just add to what the old lady has already said, don't repeat the same story again.

WITNESS:   The police who knocked were two, and we told them that my brother is with the girlfriend in the bedroom, and they went straight to the bedroom and started insulting him, and said, "Open the door.  After all you are not married.  You are such a common known Comrade."  I had a baby then, and I had the baby on my back.  I went outside.  As he was refusing to open the door the very two black police went to call another white police, and told the police that - the white police that he is refusing to open the door, and the white police kicked the door open and the girl ran and flee.  Suddenly the other police said, "Shoot him," and he was shot instantly, and died on the spot.  Upon his death ... (incomplete - end of Side A, Tape 1) ... and the police were called, and they came and carried on their duties.

MR DLAMINI: Go on.  Is there anything, old lady, that has omitted?

WITNESS:   On that day of the funeral we were given instructions by the police that we're not supposed to be over a certain number, or perhaps certain families, certain amount of families should attend the funeral, and there were tear gas that were thrown, and some people who attended the funeral sustained injuries.

MR DLAMINI: Those who came to support you, to grieve with you on that day, where were they coming from?

WITNESS:   The majority was coming from Newcastle and Pietermaritzburg.

MR DLAMINI: One thing that I forgot to ask when I was asking about your family structure, about the late your brother. Was he - where was he working?  Was he working?

WITNESS:   On that day he was off.

MR DLAMINI: But was he employed at all?  Was he employed?  Was he employed?

WITNESS:   Yes, he was.  He was employed and working for Checkers Bakery, Checkers Bakery right here in Vryheid. Is there any money that was received from the employers after his death?   ---   Yes, for the children there was money that was allocated for them.

MR DLAMINI: Thank you.  You said at the time when the police came home your brother had a girl with.  What was the name of the girl?

WITNESS:   The name of the girl was Patha.

MR DLAMINI: What is the surname?

WITNESS:   Ntshangase.

MR DLAMINI: Where is Patha now?

WITNESS:   Patha is in Vryheid.

MR DLAMINI: At the time when the police were shooting your brother what was happening?  Was your brother resisting arrest or something?

WITNESS:   Before the door was burst opened there was an altercation, an altercation between my brother and the police before they kicked opened, because for the door to be kicked opened they went to call the other white police.  But even before the white police came there was an altercation between my brother and the police when they were arguing.

MR DLAMINI: Patha, what about Patha?   Patha was in the room?

WITNESS:   Yes, Patha was in the room at that time.

MR DLAMINI: Is there anyone who was around, or perhaps in the room at that very hour, who may be a witness as to what happened?

WITNESS:   We also discovered after some time when he was shot, because the boy that they were looking for was there.  He may be the one who could shed more light.

MR DLAMINI: What is his name, the boy that they were looking for?

WITNESS:   His name is Nkosinathi.

MR DLAMINI: Where is Nkosinathi now?