Amnesty Hearings — Cape Town — 1999-10-18

STEPHANS METLE DYASI: On that evening I went to that particular house.  I got into the house, I realised that that was my son laying there, when I looked at him, I realised that he was shot.  I could see in between his shoulders and on the arm and he was also bleeding and he was in pain.  I asked him what had happened.  He said "I was shot at by two policemen whom I met with on the streets."

MS PATEL: Did he explain to you the circumstances under which he was shot, why he was shot?

STEPHANS METLE DYASI: When he explained to me, he said to me as he was walking down the street, he met with two policemen walking and he saw these police coming to his direction and he decided to run away after realising that the police were coming to his direction.  That is when they shot at him without doing anything.   They just shot at him while he was running.

MS PATEL: Okay, and where, why did he, did he explain to you why he ran in the direction that he did?

STEPHANS METLE DYASI: Yes, he explained to me, I asked him "why did you run", he said to me that he was afraid because the police were coming straight to his direction, that is why he decided to run, because he thought they were going to assault him or do something else to him.

MS PATEL: Okay, what was your son's physical condition at the time when you got to him?  Was he in pain, was he able to move, was he able to walk from your observations?

STEPHANS METLE DYASI: When I looked at him as he was laying down there, he was in pain and he was screaming silently.  I tried to lift him up, but it was impossible and as I was talking to him, I could see some of the bullets coming out of the mouth, but he couldn't even stand up from where he was laying.

MS PATEL: By bullets, do you mean pellets?

STEPHANS METLE DYASI: Yes, I am talking about pellets, those were the pellets that were coming out of his mouth and he told me that the could feel these pellets in his system.  Some of them were coming out of the mouth.

MS PATEL: Okay.   What did you do after that?

STEPHANS METLE DYASI: I tried to take him to the doctor, but it was difficult because he couldn't stand up and I had no other option, I had to leave him there, to go outside and try and get some assistance so as to take him to the hospital.

MS PATEL: Okay, and who did you seek assistance from?

STEPHANS METLE DYASI: At first I went to the pastor who was also in my church, I told him and we went to the police station with him, to make a statement.  That is when, I am not sure whether you want me to go on from there.

MS PATEL: Please proceed.

STEPHANS METLE DYASI: After telling the pastor that he was in a shack, I wanted him to be taken to the hospital, I went with him to the police station, the pastor that is.  I found a policeman who was sitting there and I told him that my son was shot at at Tusa Lane, so I wanted him to be taken to the hospital to get some medical assistance.  Just before I could finish my explanation at the police station, I  heard a gunshot while I was still at the police station.  This policeman said to me, "just wait a minute, some Lieutenant is coming", he told me to wait.  I did so, waiting for the policeman, the one that was coming.   I remained there.  After a  short while, when this policeman came, they wanted to know where was this son of mine and I told them that he was at Tusa Lane. We got into the van, myself and the pastor at the back of the van.  When we arrived at Tusa Lane, there were other vans that were already there and I saw my son and I realised that he was the one who was shot at again.  He was the one who was laying on the street.  I tried to shout, talking to this policeman to stop the car and I told him that that was my son, the one who was laying there on the street.   They opened the van, I went straight to my son, try to shake him and calling him, but there was no response, and I told them that this was my son.  I even asked the police "who shot my son again", and the other policeman responded saying to me, he was rather aggressive and he was very cheeky, he said "I did so, that is me who shot at your son", and when I looked at this policeman, he was staring at me.  This policeman said "I am the one who did that" and he was rather aggressive, and he was holding his gun and he was also looking at me.  It looked like he also wanted to shoot at me also and I cried and I said nothing thereafter.   After that, they waited there on the other side for a very long time, talking.  I was taken in the van with my son, he was already dead and he was taken to the hospital.

MS PATEL: Mr Dyasi, from the condition, the physical condition in which you left your son when you went to the police station to look for help, what is your comment on the applicant, Mr Luff's allegation that your son was able to put on his shoes and walked out with them and then tried to escape and in fact, ran away at the time that he was shot?

STEPHANS METLE DYASI: As far as I am concerned, Mr Luff, I don't think Mr Luff is telling the truth.  If he is afraid of God or if he wants to ask for an apology or be granted amnesty, I think he must speak the whole truth, because as far as I am concerned, I could see my son, he couldn't stand up and I don't even know why, I am not sure if Mr Luff is telling the truth as a senior person at the time.  How could my son escape in that physical condition as he was, he even had pellets that were coming through the mouth, how could he escape from a person as big as he is, that is what I am saying?  He must tell the truth.  I don't think he is telling the truth in front of this Committee, before this committee.

MS PATEL: From your knowledge of your son, Mr Dyasi, can you tell us whether he was a member of a political party, of the ANC or the UDF, an active member, do you know?

STEPHANS METLE DYASI: I cannot say for sure, but as far as I was concerned, he had nothing to do with those.

MS PATEL: All right, is there anything else that you want to say, Mr Dyasi?

STEPHANS METLE DYASI: Yes, I would like to say something honourable Chairperson.  I want to direct my words to Mr Luff.  If truly he is truly afraid of God or if he has any respect for this Committee and the audience and respect himself, I have this question - I want to know for how long, about the time that elapsed after shooting my son and about this time up to now, what attempts did he make to show that he was really apologetic in front of God.  I want to know if he ever wrote a letter to me, asking for forgiveness or he ever made a call, trying to ask for an apology as he is actually saying here today.  If he did any of those things, I would say that really he is regretful for what he did because I never received any letter from him, or even a phone call saying that I am asking for forgiveness because I made a mistake by shooting your son.   Right now he wants to ask for forgiveness to Mr Dyasi for something that is not true, he is not here to ask for forgiveness if he hasn't revealed the true facts.  I was willing to forgive him if he did tell the truth, just to tell the truth, a simple thing.  That is all I have to say.

MS PATEL: Thank you honourable Chairperson, that is our evidence-in-chief.
NO FURTHER QUESTIONS BY MS PATEL

CHAIRPERSON: Thank you Ms Patel.    We will take the lunch adjournment and reconvene at two o'clock.

MS PATEL: All rise, please.
COMMITTEE ADJOURNS

STEPHANS METLE DYASI: (s.u.o.)

CHAIRPERSON: Mr Rheeder, have you got any questions?