Human Rights Violation Hearings — Pollsmoor — 1996-11-26

ADV POTGIETER: Where you asked to come to court at any stage?

MS VAN DYK: No, they would probably have spoken to my uncle.

ADV POTGIETER: Did you go and consult with an attorney in connection with the instituting a civil claim?

MS VAN DYK: No,  they never came to me.  They communicated everything with my uncle.

ADV POTGIETER: So, you never received any compensation for the damage which you suffered?

MS VAN DYK: No, nothing.

ADV POTGIETER: You say that this eye still bothers you.

MS VAN DYK: Yes, it bothers me terribly.  In winter I cannot stand the pain.  I have to take an ice cold cloth and put that over my eye.

ADV POTGIETER: Do you receive treatment for it?

MS VAN DYK: Yes, I do receive treatment at Groote Schuur Hospital.

ADV POTGIETER: On a regular basis?

MS VAN DYK: Yes.

ADV POTGIETER: And you say you lost your job as a result?  Was it as a result of the eye injury?

MS VAN DYK: Yes.

ADV POTGIETER: And did you start looking for work again after that or did you just give up?

MS VAN DYK: Yes, I did look for other work, but I just couldn't find employment.

ADV POTGIETER: You are now married - do you have any children?

MS VAN DYK: Yes, I have two children.

ADV POTGIETER: How old are they?

MS VAN DYK: Geyranisa will be two and Mogammat is 4 years old.

ADV POTGIETER: So, they aren't in school yet?

MS VAN DYK: No.

ADV POTGIETER: And you say that you lost the house too?

MS VAN DYK: That is correct.

ADV POTGIETER: Where are you living at the moment?

MS VAN DYK: I lived in so called Lost City - the new housing scheme - referred to as match boxes, that's where I lived.

ADV POTGIETER: And where do you live now?

MS VAN DYK: At the moment I live with my mom, but her house is quite full.

ADV POTGIETER: Do you live there with your husband and kids?

MS VAN DYK: Yes.

ADV POTGIETER: And is your husband employed?

MS VAN DYK: No, he is unemployed.  He is an asthmatic and he has a heart condition.

ADV POTGIETER: Who supports you and your family?

MS VAN DYK: My mother supports us.

ADV POTGIETER: Does she support you and your family?

MS VAN DYK: Yes.

ADV POTGIETER: How old were you when you were shot in 1985?

MS VAN DYK: I was 30.

ADV POTGIETER: Your uncle, David Matthews, where is he, is he residing in Mitchell's Plain?

MS VAN DYK: Yes, at number 30 Forester Close, Westridge.

ADV POTGIETER: Okay, it appears as if your uncle did most of the work in regard to contacting policemen and trying to consult with attorneys.  So he is the one that handled everything?

MS VAN DYK: Yes.

ADV POTGIETER: It seems as if there is another witness.  A gentleman who's child was also shot.  Who's son was also shot and lightly injured - slightly injured in this incident and it seems as though our people interviewed him.  Are you aware of that?

MS VAN DYK: I cannot say.

ADV POTGIETER: Because it appears as though there was someone who also saw what happened and that he is prepared to tell us about it, but he did not want us to publish his name.  At the time our investigative team spoke to him, he did not want us to publicize his name, but we will investigate the matter a bit further and we will let you know exactly what we were able to find out.
So, the matter is not finalized today.  We have listened to your evidence and we will continue to look at the - to look into the matter, because your - the incident in which you were injured and the incident in which the two boys were shot dead - is linked, so we are looking at it as one incident.
The one boy - the 11 year old - his name was Lionel.  He is the one who fell on you?

MS VAN DYK: Yes, that's correct.

ADV POTGIETER: And how did he appear then,  was he badly injured?

MS VAN DYK: I cannot say, because after I had been shot, I fell to the ground and he fell on top of me and I pushed him off so that I could move.  I got up and ran away and he remained lying there.

ADV POTGIETER: Did you see the other one too?

MS VAN DYK: The 13 year old was lying next to him,   Quentin.

ADV POTGIETER: So it seems as if they remained lying where they had been shot?

MS VAN DYK: Yes.

ADV POTGIETER: Thank you very much ma'am.  Is there anything else which you would have liked to add or is that all you wanted to say?

MS VAN DYK: No, that is all.

ADV POTGIETER: I would just like to find out if my colleagues have any questions to put to you - Glenda Wildschut?

GLENDA WILDSCHUT: Ms Van Dyk, I would just like to understand - do you know how many months you were hospitalized for?

MS VAN DYK: I was in hospital for a month.

GLENDA WILDSCHUT: So, the incident took place in August?

MS VAN DYK: On the 22nd of April 1987, I was discharged from hospital.

GLENDA WILDSCHUT: The 22nd of - was that April?

MS VAN DYK: It was August, I am not sure, but I have the tag in my bag

GLENDA WILDSCHUT: Because we have the date as the 22nd of August, is that correct -  the correct date?

MS VAN DYK: Yes, that is correct.  The 22nd of the fourth month in 1987.

GLENDA WILDSCHUT: Thank you very much.

ADV POTGIETER: Ma'am I would like to thank you for having come and for having come to describe this incident to us, because your evidence is very important - especially in - with regard to the damages which you personally suffered and also for having been able to give us an idea of what happened when the other two boys were shot. 
As I explained earlier, we received the policeman's version of what happened and they alleged that they were acting in self defence.  But we have heard your evidence and you have confirmed that these children were merely standing there - looking out of curiosity.  
So your evidence is very important.  Not with regard to what happened to you yourself, but also with regard to the shooting of the two boys.
Thank you very much for coming for coming to tell us what happened.  We have listened to everything you have said.   We have listened to the problems which you have at the moment.  And as I said to you earlier, the matter is not finalized today - we are still busy looking at the matter and we will look at your circumstances as well and we will be in contact with you and thank you very much for coming.
And thank you very much to you as well sir, for coming and supporting your wife.