Human Rights Violation Hearings — Bloemfontein — UNKNOWN

WITNESS: On that day of the funeral, that was on the6th of January, the police came when we were from the cemetery. They came anddispersed people using the tear gas. Other people didn't even go to our home,they just went to their respective homes.

KHOZA MGOJO: (Inaudible)

WITNESS: Yes.

KHOZA MGOJO: What is the state of your mother and father at the presentmoment?

WITNESS: My mother and father, after the death of my elder brother, bothof them suffered from high blood. They are still very sick, but my father isworking, as sick as he is.

KHOZA MGOJO: (Inaudible) ... any treatment, medical treatment?

WITNESS: No, becausethere's no money. They can't afford to get medical attention.

KHOZA MGOJO: I just have one more question. You said that your brother wastaken to hospital after three hours. Why did it take so long for him to be takento hospital? Was it because of the police interference?

WITNESS: At that time thepolice were working with the apartheid organisations, as well as the Kwankwetla,as well as the other parties. That is why it happened like it did.

KHOZA MGOJO: (Inaudible) ... take him to hospital as soon as he was assaultedas a family?

WITNESS: I stay at the J Section, and it's very far from the place atwhich this took place. It could be five kilometres or more. You said your two other brothers were working at the mines.Which mines were they working at? --- The other one was working at Hardmon,the other one was working at Reetrix Mine. It's Harmony Gold Mine and BeatrixMine.

MR LYSTER: Mr Moyhilwa, the fact that you have comehere today to tell us your story indicates that you loved your brother. He hasbeen taken away from you and the rest of your family. You have lost his support,his company, forever, and it was political intolerance engendered by the policyof apartheid that has caused that. In the Free State you are fortunate thatthose days have passed, and in most areas in this province people are free toexpress their political views.
As you know, in some areas of this country that is still notpossible. In many parts of KwaZulu-Natal, for example, people are still murderingeach other because they support different political parties, and we know aboutthe terrible suffering that that causes, and we hope very much that the daywill come very soon that the people of that area will also be able to experiencethe political freedom that you now experience, and that has been brought aboutin part by the sacrifices that were made by people like your brother.
So we thank you very much for coming here today and tellingus your story, and we hope that having told us that story, not only to us, butto the nation, to those who are listening, that you are able to carry the burdenof the loss of your brother a little easier. We will do what we can to findout more about your brother's death, why he died, and that will be done over the course of the nextmonths, and those details will be conveyed to you.
Thank you very much for coming.

MR LYSTER: Thank you for coming to be with us today,Mrs Tshale. Could you please fit the earphones onto Mrs Tshale. Canyou hear me through the earphones, Mrs Tshale, can you hear my voice?

MAMARAMA TSHALE: Yes, I can hear you, Sir.

MR LYSTER: Could you please tell us who you have withyou today?

MAMARAMA TSHALE: This is my daughter, Sir.

MR LYSTER: But as we understand it you will be givingevidence today, not your daughter, is that correct?

MAMARAMA TSHALE: Yes, that's correct.

MR LYSTER: Thank you. You, like many, many others, havecome again to tell a tragic story about the loss of a loved one, this time yourhusband, and we express our deep sympathy to you, as his wife, and to you ashis daughter. Before you give your evidence, Mr Tshale, please can you standto take the oath.

MAMARAMA TSHALE: (Sworn, States)

MR LYSTER: I am going to ask one of my colleagues, Mr IlanLax, to assist you in the giving of your evidence. Mr Lax.

MR LAX: Thank you, Chairperson. Good afternoon, Mrs Tshale,and welcome.

WITNESS: Good afternoon, Sir.

MR LAX: Before we start would you just briefly tell us about your family,how it is made up? We know you are from Botshabelo, but just some details ofyour family and your children and so on please.

WITNESS: I have seven children. It'sfour boys - it's eight children. I have four boys and four girls.

MR LAX: Now, your husband was born in 1943 on the 22nd of January, is that correct?

WITNESS: That is the correct date, Sir.

MR LAX: Thank you. Would you - the other thing about your husband whichI would like you to confirm was he was a trade union member, is that also correct?--- Yes, that's correct, Sir.

MR LAX: Thank you very much. Would you now please tell us about theevents and circumstances that led to his death.

WITNESS: It was on a Thursday morning.He went to a meeting because he belonged to an organisation called Dikwankwetla.They had a strike for seven months and they weren't going to work. Then therewere PAO lorries, as well as the lorries - GG lorries. Only a few tractors wereworking on that day when the seniors came from Bloemfontein to negotiation ontheir behalf to go to work. All the lorries from the PAO, as well as the tractors,were followed by the Hippos. And they went to the meeting, and that is wheremy husband was shot. They were sitting waiting for the members of their organisationto come and negotiate on their behalf. He was sitting down with other gentlemen.He was the fourth one. They shot him while he was still sitting and they wereplaying a certain game. They shot him five houses from where he was. It wason a Thursday, and the women from the Roman Catholic Church were in their largenumbers because it was their day of prayer. If I am not mistaken it was at about3 o'clock or two a certain lady came to me and she said to me, "Mrs Tshale,know that Mr Tshale has been shot dead and he had three wounds on his chest."That is the version I know. I will end up there.

MR LAX: Mrs Tshale, now just very briefly, you talk about PAO vehicles. Is that Provincial Administration vehicles? ---Yes, those are the PAO, Provincial Administration cars.

MR LAX: And the GG vehicles, is that Government Garage?

WITNESS: It wasthen called GG, but it's now called PAO. Yes, that's correct, Sir.

MR LAX: Now, this incident happened outside the Roman Catholic ChurchHall in Botshabelo. In what section is that?

WITNESS: It's at E Section - at C Section.

MR LAX: C Section?

WITNESS: Yes, Sir, that's at C Section. It is atthe St Charles Roman Catholic Church.

MR LAX: Thank you very much. Now, do you have any idea of which peoplewitnessed the shooting of your husband directly?

WITNESS: I know of people who sawthe incident.

MR LAX: Would you kindly give us their names please?

WITNESS: Maketa wastheir leader. The other one is Mr Richard, and there was a lady called Maysie.Well, I do not remember some of them because there were so many of them comingto my house.

MR LAX: Where would we be able to get hold of Mr Maketa, for example?--- He is working at the PAO offices in Botshabelo.

MR LAX: Now, I can just confirm that you have given us a copy of yourhusband's death certificate, is that correct?

WITNESS: Yes, I gave you a copy.

MR LAX: Do you know whether any inquest was held in relation to yourhusband's death?