Human Rights Violation Hearings — Grahamstown — 1997-04-08

MS MAYA: In other words, they refused permission for you to take him and bury him properly at home?

NOMALADY NOMELUMZI TYUKU: Yes, they wanted us to take him to be buried together with the prisoners.  The following morning I saw police in their private clothes, some of them were not in their private clothes.  They took me to Santa saying that I  must tell them the truth before they killed me.  I told them that the, he was not stoning anything, he just came back from work.  I had a one year old baby at the time.  I could  not find, I did not find a chance to feed my child.  After that the detectives from Port Elizabeth came to pick me up. We went to the highway and they said to me they wanted to know about what happened.  They said that they will help me if I can tell them the truth.  I told them that he did not do anything, he was just coming back from work.
 They then drove me to the post office, they left me there.  I went back home, I consulted Mr Mtwinti because they were the ones who were helping me.  I told them what happened.  Mr Mtwinti gave me a lawyer's name, but I have forgotten that name and he said that if the police would come again, I must give them this lawyer's name.  While I was still eating in Mr Mtwinti's home, because we were neighbours, white men came together with a lady.  They were looking for me.  They said that they wanted the truth about what happened.

MS MAYA: Who were those people?

NOMALADY NOMELUMZI TYUKU: They did not tell me, they did not introduce themselves to me.

MS MAYA: What happened after they arrived?

NOMALADY NOMELUMZI TYUKU: The police came and they said that they will take the body and they will throw it away if we are not going to bury him immediately.  They said that we must bury him on Friday.

MS MAYA: We noted that you were harassed during the funeral, because there were certain people who got shot.  Can you please briefly explain what happened?

NOMALADY NOMELUMZI TYUKU: When we were going to the graveyard there was nothing, it was quiet, but when we came back the streets were full of soldiers.  Some of them were in the location.  When we were trying to prepare food for the people teargas was dispersed, people ran away.  There was confusion all over.  Other people got injured in that process.

MS MAYA: Thank you, Mam.  What is your request to the Commission?

NOMALADY NOMELUMZI TYUKU: My request to the Commission is that I do not know where he would be today.  I do not know whether he would be supporting my parent today.  I would like the person who killed him to help us, to support us, because since then I suffered from a high blood pressure.

MS MAYA: You mentioned that you get a treatment from a doctor.

NOMALADY NOMELUMZI TYUKU: I visit a clinic, because we do not have money at home.  My mother cannot go back to work.

MS MAYA: In other words, you would like to be helped with the medical treatment?

NOMALADY NOMELUMZI TYUKU: Yes.

MS MAYA: You would like us to investigate about the court case?

NOMALADY NOMELUMZI TYUKU: Yes.

MS MAYA: You also request financial assistance at home?

NOMALADY NOMELUMZI TYUKU: Yes.

MS MAYA: Is that all you want to say, Mam?

NOMALADY NOMELUMZI TYUKU: Yes, that is all.

MS MAYA: Thank you, Mam.  Madam, are your full names Nontobeko Joyce Pikoli?

NONTOBEKO JOYCE PIKOLI: That is correct.

MS MAYA: And the evidence which you will give will be with regards to Mkuseli Pikoli who was shot and injured in 1985?

NONTOBEKO JOYCE PIKOLI: That is correct.

MS MAYA: What was Mkuseli to you?

NONTOBEKO JOYCE PIKOLI: Mkuseli is my child.

MS MAYA: Where is he now?

NONTOBEKO JOYCE PIKOLI: He is here, he was in Port Elizabeth all along.

MS MAYA: Is there any reason why he is not giving his testimony himself?

NONTOBEKO JOYCE PIKOLI: When the Truth Commission people came around he was not home, he was in Port Elizabeth.

MS MAYA: But is he here today?

NONTOBEKO JOYCE PIKOLI: Yes, he is.

MS MAYA: Do you not think there is anything which he would  like to add?

NONTOBEKO JOYCE PIKOLI: He might be able to say what happened to him in custody.

MS MAYA: We would like to ask you to tell us with regards to Mkuseli and if there is anything that is not clear, we will ask him.

NONTOBEKO JOYCE PIKOLI: At the funeral of the ladies relative here next to me we all went and when we were coming back the police were standing around there.  When we took the corner for the road leading to her house we saw police and we saw people running.  When we realised what was happening the teargas was already affecting us and we all ran away.  I remember I had on a jersey and I opened up a tap and wet the jersey and we all ran.  I ran until I got home and when I got home I was worried when I discovered that the children were not there.  While I was panicking about where my children were they, some of them came and Mkuseli also came.  He had been injured and he was red, he was bleeding.  What I was worried about was that he had recently undergone an operation on his one leg and that leg had been struck by a bullet.
 When he got home I decided to phone Mr Wintie.  Mr Wintie advised me to hurriedly go and see a doctor, because many people were injured.  When we got there we waited and we saw many vans.  While standing there waiting for them to come out they said that we could go, that they were going to be held by the police.

MS MAYA: How old was he at the time?

NONTOBEKO JOYCE PIKOLI: He was 17 years old.

MS MAYA: Was he still at school?

NONTOBEKO JOYCE PIKOLI: He was not at school that year, because he was in hospital for most of the year, because of that operation.

MS MAYA: What happened after he was arrested, was he charged?

NONTOBEKO JOYCE PIKOLI: Yes, he was charged.

MS MAYA: What happened to the case?

NONTOBEKO JOYCE PIKOLI: He was found guilty and he was sentenced to three years, one and a half of which was suspended.

MS MAYA: How long did he, prison term did he serve for?

NONTOBEKO JOYCE PIKOLI: He was, he served five to six months in custody and he was then released.  At the time when he was in custody, I heard that he was taken to hospital, because his leg which had been operated on was giving him problems and after his release he encountered numerous problems with that leg.

MS MAYA: What is his leg like now?

NONTOBEKO JOYCE PIKOLI: There are times where his leg does not give him any problems, but other times it does.

MS MAYA: Did you ever institute a civil claim?

NONTOBEKO JOYCE PIKOLI: At the time when they were released we were told that we would be compensated, because they were held for nothing.

MS MAYA: And you still have not received anything to date?

NONTOBEKO JOYCE PIKOLI: No.

MS MAYA: Is there any request which you would like to submit before this Commission?  Should I remind you of what your requests were?  You requested that a tombstone be erected in memory of these people.

NONTOBEKO JOYCE PIKOLI: Yes, we decided that way.  I did not know what to say, because he was not present there.  I see that he was still very young and I would like to, his children to see how their father was affected.

MS MAYA: You say that you also want medical assistance, because there are times when he needs to, he needs medical attention.  Is that correct?

NONTOBEKO JOYCE PIKOLI: That is correct.

MS MAYA: You also said you would like financial assistance to pay for the financial expenses of that time.  Is that so?

NONTOBEKO JOYCE PIKOLI: Yes, that is so.

MS MAYA: Is that all you would like to say?

NONTOBEKO JOYCE PIKOLI: Yes.

MS MAYA: Thank you very much, Mam.  If there are any other questions, I will hand back to the Chairperson who will decide.