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Human Rights Violation Hearings

Type HUMAN RIGHTS VIOLATION HEARINGS

Starting Date 27 November 1996

Location GUGULETU 7 POLLSMOOR

Case Number CT/00818

Victim JABULANI SG MIYA

Testimony EUNICE T MIYA[mother]

Nature SHOT AND KILLED BY POLICE

ADV POTGIETER

Thank you chairperson. The next witness is part of the families, will be Eunice Tsepiso Miya, can she please come forward? Good morning Ms Miya.

MS MIYA

Thank you.

ADV POTGIETER

Welcome here, before we listen to your evidence I am going to ask you to please stand to take the oath.

EUNICE TSEPISO MIYA Duly sworn states

ADV POTGIETER

Thank you, you may be seated. My colleague Pumla Gobodo-Madikizela will assist you in telling your story.

MS GOBODO-MADIKIZELA

Good morning Tsepiso. You can take off your earphones, we can talk directly. Maybe you can come closer to the mike so that we can hear you. I am very interested in your case. You came, like the previous lady, to tell us your story. I am very interested. When you came to the public hearing, how did you feel - did it help you at all coming forward to the Commission?

MS MIYA

I came here because of my son Jabulani. We had parted in the morning at half past four, because I was going to catch a train at quarter to five train. My son came home from his shack which was in the same yard. He wanted to accompany me, but first he said - I first served him his breakfast and I was asking him what he was doing so early in the morning up. He said we would go together and look for a job.

So, he requested that I would give him R2, 00. I told him that I had R5,00 I did not have R2,00 and the R5,00 was just enough for me to buy my weekly ticket. We split the R5,00 up. I might not be able to have the strength to talk like I did the first time, but I will try. We split the R5,00 up and then I had to leave for my train.

He wanted to accompany me, I said - no, you don’t have to, because it is not something that you usually do. I usually walk by myself to the station, you’ve never said you want to accompany me before. He then went around towards the garage and when I saw him, I got a bit of a shock. I then left and he must have walked behind me, because I notice later that he had followed me.

Around NY59 I asked him to go back home and he went back home. Then I left to the station.

MS GOBODO-MADIKIZELA

Tsepiso you don’t really have to carry on talking if it is very difficult, because we all understand that it must be very-very tough to talk about your son. You have spoken before to us. If it is too difficult for you, please tell us, but what is important is that we give you a chance to speak your heart, But if it is too difficult, at least you have spoken to us before.

MS MIYA

I then went to work. My shift was a 6 - 8 o’clock one. And then at 8 I left to a char at Sea Point. I was a char lady at Sea Point. I was working for Mr Verholwertz. I think it was at about 10, she asked me if I have that a child which is politically orientated. I said "no". Then she said that in Guguletu there were Guerrillas that had been shot.

MS GOBODO

Do you want to talk about how you heard this story?

MS MIYA

I want to represent it as I heard it before.

MS GOBODO-MADIKIZELA

Ma’am you don’t have to go into detail. We already have in our records and you had told us. But what is most painful to us, as you are talking, it gets more and more painful for you. We just want to sort of belittle your pain a bit. We can see that this is very painful for you. There is really no need to go into detail.

MS MIYA

The reason why I am here again is because I saw my child on TV and nobody had come to tell me that Jabulani had passed away. First of all, we were listening to the news - with my daughter. That is when we realized that Jabulani had died. That is all I have to say.

MS GOBODO-MADIKIZELA

This is very difficult for other mothers and other parents who are here today. The question is - what is most difficult is that we have to bring you here and to talk about your pain and then watch you [indistinct] in pain - you had to deal with the tragedy of your loss. It is very painful, but we have to ask ourselves that when we bring people here again, how are we going to handle the whole thing?

CHAIRPERSON

We are engaged in a very delicate ministry. We have said we hope that we will be able to open wounds so that they can be cleansed and this has to be done with great sensitivity. One of the things that I do want to say is, just how much we in this country, owe to women.

That we probably would not have won the struggle for peace and justice and equity had it not been for the strength of our women folk. And I just want to pay a very-very warm tribute to them.

You mothers, we thank you very much because if it was not for you, for your strength, and the power you had, I know that we wouldn’t be here today. So if the pains you’ve suffered will be healed we would appreciate that and we hope that others will also be touched by your pains. And we hope that others will see that what role you have taken in this road to freedom.

Before I - I ask Denzil Potgieter to call the next witness. I just wanted to say two further things. One is to express my appreciation to my colleagues on the panels here and our staff persons for all the very hard work that they do in preparing for hearings such as this one.

And then I also secondly want to welcome, very warmly Mr Joachim [indistinct] who is the Federal Commissioner in Germany for the documents of the State Security of the former German Democratic Republic - referred to as [indistinct]

Maybe if you stand and let our people see his - he is doing what we are trying to do, a little bit in Germany and also Andrea Teppar who is the foreign editor of the largest newspaper in Germany [indistinct] - were you there to yes, we welcome you.

Right you are Denzil - and I welcome this man here, Dumisa Ntsebeza who is a Commissioner and he is head of our Investigating Unit and sometimes he gets upset, because I am here, because he is often the acting Chairperson of the Commission.

 
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