Human Rights Violation Hearings — Heiderveld — 1996-04-24

MS MELANE: According to The Times on the 20th of February 1984, it was Sergeant Faku who was being attacked by a gangster shot these people who were attacking him.  The people who were now running away from him, so according to The Times he was defending himself from gangsters and according to The Times this policeman shot these people at the back which we both know that it is not true, because my brother was shot on the chest.
 And now his clothes were sent to Pretoria, that's what we were told when we wanted to see the evidence that he was really shot from the front or the back.  Now we were told that no his clothes were in Pretoria we can't get them.
 My father went to Court several times, going to Court in connection with this case.  The lawyer in charge of this case who was with my father told my father that - this case was going to be transferred to the Supreme Court.  Now you must wait, now my father waited, and nobody came back to him again with any report.  He was also promised that after he has buried his son he was going to get compensation from the police.  But he never got anything.
 When my father asked his lawyer - asking him how long am I going to wait, the lawyer said - the lawyer said he was scarred himself that no this case is going to be dismissed but he was scared to tell him the actual reason because it seemed that the Government itself wanted the case to be dismissed.  The Government didn't want this case to be announced - to be know by everybody.   So we never got any - anything - we didn't get his clothes, we didn't get anything.
 My father left to the rural areas, we use to live in Cape Town but because of this my father decided to go and leave Cape Town because living in Cape Town was just too painful for him.  After that my mother was ill, nothing was all right at home since then.

DR BORAINE: Thank you, I'd like to just ask a few questions again to help me understand the whole picture.  You said that the man who shot your brother, was Sergeant Faku.

MS MELANE: Yes that's what I said, it was Faku.

DR BORAINE: He was in plain clothes, he wasn't wearing a uniform.

MS MELANE: He was wearing plain clothes not police clothes.

DR BORAINE: What was the condition of Sergeant Faku, I mean why - why do you think he acted in the way he did.

MS MELANE: According to what I heard, Sergeant Faku was chasing after two children and these children were coming from  end of Tape 13, side B ...... he asked them are you looking for these two kids, Ms Glepu said no these children have gone to no 11, they are not here, so Mr Faku left.  Now that was the time when he saw my brother, he has been [indistinct] to no 16 which was a spaza shop.
 So this woman next to me actually saw Mr Faku, he is going - she is going to be a witness.  So Faku  got out of Ms Glepu's house and then saw my brother.  When he grabbed him I don't know if he - he had told - he was told from - by Ms Glepu which direction these children have gone to.  But Mr Faku saw that my brother had tobacco and the matches in his hand.
 Now according to The Times it was reported as if Mr Faku was defending himself from being attacked by a gangster.  But now my brother was already dead at that time and he could see that he has made a mistake, but he didn't want to admit that.

DR BORAINE: Now when the police van arrived obviously there was another policeman in the van, did he say anything to Sergeant Faku, did he ask him what was happening or did he make any statement?

MS MELANE: This policeman that was in the van was shocked, he asked Mr Faku what have you done, why did you shoot.  Faku didn't - didn't reply he simply got into the van and said drive, so they left.

DR BORAINE: Your brother was badly injured and he was still alive when they took him to the police station.

MS MELANE: When my brother was taken to the police station he was still gasping.  Now at the police station nobody took care of him they simply ignored him and my father - but when my father got there, he was already dead and he closed his eyes.

DR BORAINE: So he died [indistinct] police station on the bench.

MS MELANE: Yes he died on the bench in the police station.

DR BORAINE: Thank you, now when you said to us that you - your father hired an attorney, can you remember the name of the attorney, the lawyer.

MS MELANE: No I can't remember but those - they were lawyers from Town, at Cartright Corner, but I don't know the name.  But I didn't want to know anything about this because I didn't want to listen anything that's connected with this case.

DR BORAINE: I am sure your father may remember the name of the attorney, would you like us to try and find out more details as to exactly why the case did not proceed.

MS MELANE: Yes I would appreciate this.

DR BORAINE: Now I am nearly finished with the questions, you said that the police offered to pay compensation, did you mean that they offered to pay for the funeral expenses.

MS MELANE: Yes they said they were going to pay for the funeral expenses.

DR BORAINE: Was it usual for the police to pay for the funeral expenses of someone who had been shot?

MS MELANE: No I don't know, but that's just how they told us.

DR BORAINE: And then they paid you later or did they not pay you?

MS MELANE: We never got a cent.  My father paid all the expenses himself.

DR BORAINE: Thank you I am not going to ask you anymore questions at this stage but my colleagues may wish to, so I am going to hand over to the Chairperson.

CHAIRPERSON: Thank you very much, any further questions, yes Pumla Gobodo.

MS GOBODO: Thank you sir, I just want to find out why were these two children being chased by this police, Mr Faku.

MS MELANE: I have no idea why Mr Faku was chasing these people and I don't know what they did.

MS GOBODO: Perhaps Ms Glepu next to you would know.

MS MELANE: Oh! perhaps he will know because she was there.

MS GOBODO: Thank you.

DR BORAINE: Ms Melane I just want to ask one or two quite short questions before we ask Ms Glepu to tell us what she saw.  It may be that she will be in a better position to answer these questions.  So if you don't know the answer, that's all right, I will then ask Ms Glepu, but let me just ask you to see.  Where exactly was your brother shot, can you I mean he'd been to the shop, was it outside the shop, was it close to a house, if so, which house?

MS MELANE: It was outside the spaza shop, he had already had his - the goods in his hands.  It was in the streets, he fell in the street.  The following day on a Monday I remember these details just one by one, on a Monday Mr Faku was there as well in the car.  He covered his face.
 There were photographers these people were telling us that they are here to make - to take photographs of all the things that happened.  They wanted to take photographs of the spot where the second bullet went through they took that and they took it with them.

DR BORAINE: And just one final question then at this stage.  You said that your - your brother who was very-very badly injured and had been shot was taken to the police station.  Can you remember who took him there?

MS MELANE: I can't remember well who took him there.  Because I was called from Langa after everything had happened as I have said before.  As I have told you that I am here representing my father because he is the one who was there, but he is not here, he was not - he is not here now.

DR BORAINE: [indistinct] we know that, thank you very much, I am now going to ask Ms Glepu if I could [indistinct] for a short while.

MARY BURTON: Alex I am sorry may I interrupt I do have a question after all.

CHAIRPERSON: Yes let me say - Mary Burton yes.

MARY BURTON: Thank you very much.  Ms Melane I just want to ask you questions to try and help us when we try to follow up the details of the case so that we can put the story straight.  Could we ask you the name of your father.