Human Rights Violation Hearings — Worcester — 1996-06-24

MR DYASI: When we arrived at Tooshay I would notice that this was my son and it was the fourth time now I noticed that this is my son who is lying there because I left him at home  he was asleep, but I couldn't believe when I  see that he was the one who has been shot in Tooshay.  And I told the policeman that this is my son.  I went out of the house and ran.  I called him by his name, his name was Gojo and I kept on calling Gojo, Gojo but there was no response he was lying quiet.
I asked, because I saw a van that was standing on the street here in Tooshay - I asked him who shot my son again.  The reply from one of the policeman was it's me.   My heart was doubly pained and heartbroken - I couldn't bear the pain.  They shot him for the forth time now.  I couldn't understand, I couldn't get the reason why did they shoot him time and time again, although he was laying there being shot they tried to do it time and again.  And I was afraid that they were also going to shoot at me.  I cried there.
I was standing next to my son.  I had nothing to do feel  helpless and I was also quiet.  After a while the policeman was standing there - it was a very long time that we were standing there aside and I was standing next to my son, they took my son into the van -  I also got into the van.  By that time he was not saying anything just quiet and I was also dumbfounded.  
The Minister was left behind, it was only me, my son and the policeman.  When we arrived at Hextex we found the ambulance waiting for us, they took him into the ambulance.  I couldn't see the point of going to hospital because my son was speechless -  lying there quiet I thought to myself that he had passed away so that's why I have decided to go back to the location.
And then the following day I went to the house where my son was shot.  Because while I was arriving  there,  there were two women.  I asked them how did my son get out of the house because I left him in the house whilst I was going to the police.  How did he manage to get into the street.  And the women told me that the policemen came in and kicked the door, they said these words  - that this is the one we are looking for and they took him.
One of the policemen took him one was left inside and they also -  these women said to me we also heard a shot - they dragged him  - they were just dragging him like a dog.  These women also heard the shot in the street -  they could not even pop out to see what was happening.  That's how my story goes about the death of my son.

DR BORAINE: I just want to be absolutely sure that I understand when you heard that your son was shot from the neighbour,  you went to the shack - you went inside the shack.  Your son was lying there he was alive and he could talk to you.  Is that correct - thank you?

MR DYASI: Yes.

DR BORAINE: [indistinct] - the police station - when you went back to the shack your son was lying in the street and he was dead - he had been shot again, is that correct?

MR DYASI: While I was coming from the police station that's where I found my son lying down in the street.

DR BORAINE: How old was son?

MR DYASI: He was 18 years old then.

DR BORAINE: Was he involved in any youth organisation - any political organisations -  was he active in the struggle at all?

MR DYASI: As far as I know he was a very sweet child.  He couldn't tell where he was going to, he was just going out saying nothing so I had no idea how involved he was or where.

DR BORAINE: [indistinct] was he - I mean obviously the church is very important for you and your Minister was the first one you looked to for help and he is with you now.  Was your son involved in the church at all?

MR DYASI: On that Sunday all the family attended the church, he was also there in the church.  During that - during 1985 my son pleaded with me- daddy I also want to be a full member of the church - as I had a uniform he also asked me to buy me a church uniform.  During September 1985 while we were going to Pietersburg where I bought him the church uniform, that's where he was decided to be a full member because I bought him a uniform.

DR BORAINE: According to the medical reports your son had more than 21 pellet wounds in his body, some in his back, some in the front which  fractured a number of ribs - tore into his liver and penetrated the lung and the kidney.  He was very badly injured but when he was in the little house - in the shack you told me that some women saw him being dragged out by the police.  Do you still remember the names of the women?

MR DYASI: Yes, I can remember their names.

DR BORAINE: Can you give them to us perhaps now or later on, it doesn't matter so we can follow that up.

MR DYASI: I can give you the names.  One of them was a visitor Lena Plaatjie and the other one was Elizabeth Harding - Hardy.

DR BORAINE: Thank you very much, that will be very helpful to us.  Now Mr Dyasi the -  there was an inquest.  Do you remember that at all?

MR DYASI: Could you - could you please repeat your question?

DR BORAINE: There was a court case and there was an inquest [indistinct] can you remember what happened, did you attend the inquest?

MR DYASI: Yes I did attend the court case that started in 1985 up till 1987.

DR BORAINE: We have - one of our investigator's went to look at the Inquest Report.  The Magistrate's name was a Mr  Botha  - Mr JP Botha and he found that one of the police, Constable Mr Michael Luff, was responsible for the death of your son.  Were you aware of that?

MR DYASI: I saw this policeman while I was in court so I knew he was involved in the shooting of my son.

DR BORAINE: [indistinct] information - the  report from the Magistrate sent to the Attorney General for prosecution.  The Attorney General  declined to prosecute and when he was asked by your lawyers to give a reason for that he refused.  Have you any idea as to why this was?

MR DYASI: I had no idea.

DR BORAINE: One of the things that the Commission can do is to go back to the Attorney General and ask them to give reasons, we have every right to do that and we will do that, and if we have anymore information we will obviously tell you about that.
Is there anything else you want to tell us about the death of your son.

MR DYASI: Yes there is something that  I would like to say. After  the death of my son - there was a - he  impregnated a lady so as our custom to pay something known as sort of  lobola - so I was forced  and bound to pay that amount. 
During 1985 my wife had a heart attack and high blood pressure.  Ever since then my wife has not been okay - he is going to and fro  the Hospital, in and out admitted because of the heart problem that she is having.

DR BORAINE: [indistinct] take a note of that.  I just want to ask you one last question about the court cases.  I know that through your lawyers and the  Legal Resource Centre because the police were found guilty or - yes were found to be responsible for the death of your son.  You tried to claim from the State but they refused because it was the State of Emergency.  So that were not liable I assume for prosecution and they finally paid a very small amount I think it was less than R700,00 for the funeral expenses.  Is that correct?

MR DYASI: Yes, yes, it is like that.  I received some funds and it was only R687,34 I still have the receipt, I kept it, that is the only money I got for the funeral fund - for the funeral.

DR BORAINE: Ja it's a very small price for the cost of a son, isn't it?  I am going to ask if my colleagues would like  to ask any further questions - which I am going to ask them now - Ms Burton?

MARY BURTON: Mr Dyasi, I would just like to know your first name.

MR DYASI: My name is Stephen.

MARY BURTON: [Question inaudible]