Human Rights Violation Hearings — Welkom — 1996-10-10

WITNESS:  I think that they were in favour of the Three Million Gang because of the past regime, which was in conflict with the community.  Three Million was colluding with the police and helping the regime to terrorise the community.  They were questioning as to why the regime was being questioned.

MR DLAMINI: Does the Three Million Gang still exist today?

WITNESS:  They still do exist, but after Dewitty died it sort of went underground.

MR DLAMINI: Have there been any incidents involving the Three Million Gang of late operating from underground?  Would you say that they are no longer dangerous?  What would be your assessment?

WITNESS:   It's the members, Three Million Gang members, but they are no longer conducting a reign of terror like they did before.

MR DLAMINI: Sorry, coming back to your dismissal, was the inquiry held?

WITNESS:   There was no inquiry conducted with regard to my dismissal.  After I had been dismissed there was absolutely nothing that was done.

MR DLAMINI: The charge that was put against you, what was the actual charge?

WITNESS:   They charged me.  They said at some stage I absconded, I took absence without leave.

MR DLAMINI: Were you given a chance to respond to those allegations?

WITNESS:   They did give me a chance to respond, but they were actually stressing it out and I couldn't defend myself.  I had no defence to their charges, and they found me guilty and called the then station commander, who was not present when I was charged, he was on leave, but on that particular day he was called by the prosecutor who was handling the case and he was specifically called.  They spoke together with the prosecutor who was handling the case, and after that they had found me guilty, and the station commander went away.  When I went back to trial I was told that I was being dismissed from the police force, I was no longer a member of the police force.  And there was no board of inquiry that sat as it is the usual practice.  Nothing of that sort happened.  The prosecutor spoke together with the station commander and they reached a decision.

MR DLAMINI: What steps had you taken to appeal to the sentence?

WITNESS:   Immediately after my dismissal I appealed against the decision.  I was represented by Mr van Wyk.  After quite some time he told me that my appeal had failed.  They said all that was done was procedural.  And I wrote a letter to the police commissioner, telling him about my dissatisfaction with regard to the handling of the case.  I was called in 1994 and there was a commission that was sitting in Kroonstad, and they told me that they will come to me.  Up until today they haven't yet contacted me.  Thereafter I wrote a letter to Mr Pappy Genary.  Even Pappy Genary hasn't done anything.

MR DLAMINI: Has the MEC, Pappy Genary, replied to your letter to acknowledge that he has received it and what is going to happen, even though you haven't seen anything tangible?

WITNESS:   He hasn't yet acknowledge receipt of my letter.

MR DLAMINI: Why did they think you had absconded, or you took leave - why did they charge you for absence without leave?  Why did they come up with that charge?

WITNESS:   On that particular day I was supposed to work at 2.00 pm in the afternoon.  Then on that morning I took my wife to her workplace and she had a small baby that she was taking with to work.  So I took my wife to her workplace at the farms, and when I got there she was supposed to report at her workplace, and we had to take the child to the doctor.  And from there we had to go back home.  Whilst I was in town I phoned the charge office commander, Adjutant Hadebe, and I explained to him that I was going to be late for work due to the reasons that I've already stated.  It's either I was going to be late or I wasn't going to go to work at all.  I never got to work that day, but I reported before time that I will not be able to be present at work.  Then a few days after than incident Adjutant Mu Hanede told me about that charge.  He told me that I did not work on that particular day, and that I did not go to work whilst I was not on leave.

MR DLAMINI: Thank you for that.  That explains it.  Thank you very much, Mr Mzosane.  As I said that we will try to get more information about your dismissal, whether - although officially it's absence without leave, whether unofficially it's linked to your role arresting members of the Three Million Gang.  That's the part that we are unhappy about.  Thank you.

MR DLAMINI: Mama Rantie, was the inquest held on the death of your son and that of your nephew?

WITNESS:   According to my knowledge there was none, because the police came and they would tell me to come to the charge office, and whenever I get to the charge office they will tell me that the initial statements had been lost and I should submit a new statement.  And when I looked into their trend of questioning I realised that they were not asking me questions, they were mocking, because they were asking as to what Dewitty was wearing when he came to kill my son.  And I told them that I had not made an allegation as to clothing, or as to what Dewitty was wearing, and they told me that if I didn't know what Dewitty was wearing then there was nothing they could do about it.  Thereafter I heard rumour that there was going to be a Truth Commission.  I am sorry, that was not the Truth Commission, but a commission.  We went on a march as the Mokeng residents, and when this commission came to sit it was being led by Deroux.  We submitted statements as well as evidence and testimony.  He arrested the Three Million Gang members and he told me that I should take care of myself, and I told him that I did not understand what he was saying to me.  He asked me as to what time I go to   bed, and I told him that I watch TV until late.  He asked me whether I did not hear the barking of dogs during the night, and he said that I could be killed at any moment and I should be extra careful because I had so much evidence, and he also got a lot of testimony, and he was not sure as to whether he was safe, he was going to reach Sasolburg.  He told me that he did not want this matter to be conducted or be heard in Kroonstad because the Magistrates or the judicial system as a whole was working in tandem with the Three Million Gang.   And I heard later on that Deroux was arrested.  Thereafter a certain person came to tell me that the case was heard at Sasolberg, and Dewitty and his gang had been acquitted.  I did not know what to do at that juncture because I was not notified about the case.  Then there were certain white people from Britain.  They also took statements from me and asked me as to what had happened.  They went to the charge office to inquire as to what became of my case, and when they were still there they were told that they were still conducting inquiries with regard to the case.  Then thereafter, I think it was in 1992 - I a not really sure of it, I have forgotten - a certain white man came to my place and he told me that I should go to court because the matter was going to be heard on that day.  And I asked him as to why I hadn't been told about the matter being heard in Sasolburg.  I said it was not going to help, because I wanted to attend court and I wanted to hear Dewitty testifying and telling me why he killed my son.  And what made me even more disturbed was that Dewitty was still alive and my son had died, but Dewitty did not account for  /his actions.