Human Rights Violation Hearings — Port Elizabeth — 1996-06-26

MS MAYA: How far are you now with the payments for it?

MELVIN MLULEKI MASHUMI: No, I haven't, it was R1 300-00 but I haven't settled it yet.

MS MAYA: I know that by appearing here, you sure must have an aim.  Can you tell the Commission what your aim and your wish is?

MELVIN MLULEKI MASHUMI: I would like the Commission to investigate my case, to find out also from the lawyer what happened, and why he is so quiet.

MS MAYA: Anything else you would like to say to the Commission?

MELVIN MLULEKI MASHUMI: Yes.  Also at my place I was the breadwinner and I have two children.  The one's mother is in Alice, the other mother is in PE and no one is looking after me.

MS MAYA: How old are the kids, are they at school?

MELVIN MLULEKI MASHUMI: The one in PE I left with the mother.  I haven't seen him, but the mother does write and ask for some clothes and sends cards, then I explain to her that I can't do anything, I can't help because I am confined to a wheelchair.

MS MAYA: This one in PE how old is he?

MELVIN MLULEKI MASHUMI: Still very young.  Still very, very small.

MS MAYA: How old is he, do you know?  Has he started school?

MELVIN MLULEKI MASHUMI: No, he hasn't started school.  He would have started this year because the age is that of someone who
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should be starting, but I don't have the money.

MS MAYA: Thank you Mr Mashumi, I just want to hand over to the Chairperson.

DESMOND MPILO TUTU: Any questions?  Dr Boraine has a question.

DR BORAINE: Thank you Chairperson.  Mr Mashumi, thank you for telling us your story.  Just a couple of questions to help me understand.  First in this whole, let me just test it out, can you hear, is that all right?  Let me try that again, can you hear my voice on the translation?  Okay.
 All right.  You were shot coming from a rally and there were many people there.  Were you ever charged for anything that happened on that day?  Shall I repeat the question.  You were shot by the police when you were coming from Steve Tshwete's rally.  Did the police ever come to you and charge you with anything like public violence or anything at all?

MELVIN MLULEKI MASHUMI: No, they didn't.  They didn't come.

DR BORAINE: And the only action that you have taken is not a criminal action, but a civil action through your lawyers, is that right?

MELVIN MLULEKI MASHUMI: Yes, that is so.

DR BORAINE: Had very little satisfaction from the lawyer, so you've been in touch with the Minister of Justice, Mr Dulah Omar, is that right?

MELVIN MLULEKI MASHUMI: That is so, that is so.

DR BORAINE: Has sent the matter to the Law Society, is that true?

MELVIN MLULEKI MASHUMI: Yes, that is so.

DR BORAINE: What makes me very angry is that and if it makes me angry, I can imagine what it does to  you, that you were injured in 1992, it is now 1996, you've had no satisfaction from anybody in this matter, is that true?
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MELVIN MLULEKI MASHUMI: Yes, it is so.

DR BORAINE: Thank you very much.  I think that this is something which the Commission will want to try and look at and see if we can't make it happen quicker, even whatever the result is, we can't tell you what that result will be, but we certainly must try and do everything we can.
 One last question.  You are the breadwinner, you are a paraplegic living on a wheelchair, is there anybody who cares for you, who helps to feed you or to wash you, or clothe you?  Do you have any help?

MELVIN MLULEKI MASHUMI: My grandmother does take care of me.  My own grandmother.

DR BORAINE: To say that we are grateful that there is someone who can help you at this time, but of course she is an old lady and probably needs some help and care herself.  We will try and do everything we can, thank you.

DESMOND MPILO TUTU: Thank you for coming.  My colleagues have already expressed their gratitude for your patience waiting for such a long time.
 Your request will be attended to as has been stated so we can see whether your claim could be settled quicker and also assist you seeing that you are being looked - there is no one else who is working.  Thank you very much.